JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

SEPTEMBER 15, 2016 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Vice Chair

Rep. Carol M. McGuire, Chair

Sen. Kevin Avard

Rep. David H. Kidder

Sen. Sam Cataldo

Rep. Rick M. Ladd

Sen. Dan Feltes

Rep. Tara A. Sad

Sen. David Watters

Rep. Peter B. Schmidt

Sen. Regina Birdsell (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. William A. Hatch (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. John Sytek (Alt.)

Sen. Gary Daniels (Alt.)

(Alt.)

Sen. Nancy Stiles (Alt.)

(Alt.)

 

 

The times and order specified for the agenda items listed below are only tentative. The Committee may change the order or may change the amount of time allotted for such items.

 

1. 9:00 a.m. Convene and Review Minutes

 

JLCAR Deadlines Noted in Agenda:

For OR's and ROR's:

Deadline is for sponsoring a joint resolution.

For FP's:

Deadline is for approval, conditional approval, or preliminary objection. Otherwise, rule is automatically approved.

For INT's:

Deadline is for approval or conditional approval.
Otherwise, agency cannot adopt the interim rule.

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule

EXP - Expedited Repeal

EXRF - Expedited Revision to Form


 

CONSENT AGENDA

 

2. 9:05 a.m. Committee Approval of Final Proposals:

 

 

(a) FP 2016-52
Approval

GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS

Continued Status

(JLCAR Deadline October 14, 2016.)

 

 

(b) FP 2016-53
Approval

GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS

Ethical Standards

(JLCAR Deadline October 14, 2016.)

 

 

(c) FP 2016-70
Approval

POLICE STANDARDS AND TRAINING COUNCIL

Organizational Rules Revisions

(JLCAR Deadline October 10, 2016.)

 

 

(d) FP 2016-71
Approval

POLICE STANDARDS AND TRAINING COUNCIL

Explanation of Adopted Rules

(JLCAR Deadline October 10, 2016.)

 

 

(e) FP 2016-75
Approval

PHARMACY BOARD

Presence of Pharmacists and Pharmacists' Breaks

(JLCAR Deadline September 19, 2016.)

 

 

(f) FP 2016-89
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Admission to and Discharge from New Hampshire Hospital

(JLCAR Deadline October 17, 2016.)

 

 

(g) FP 2016-99
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Procedural Rules

(JLCAR Deadline October 17, 2016.)

 

 

(h) FP 2016-100
Approval

FISH AND GAME DEPARTMENT

Tri-State Snowmobile Reciprocity Weekend

(JLCAR Deadline October 17, 2016.)

 

 

(i) FP 2016-113
Approval

FISH AND GAME DEPARTMENT

Fishing Tournament Permit and Various Marine Rules

(JLCAR Deadline October 17, 2016.)

 

 

(j) FP 2016-117
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Financial and Medical Assistance, Post Secondary Educational Programs, and Income and Employment Disregards and Resources for FANF

(JLCAR Deadline October 14, 2016.)

 

 

(k) FP 2016-124
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Division of Elderly and Adult Services

Nursing Facility Reimbursement - Methodology for Determining the Per Diem Rate

(JLCAR Deadline October 17, 2016.)

 

 

(l) FP 2016-135
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Update to the Food Stamp Program Standard Utility Allowances (SUA)

(JLCAR Deadline October 17, 2016.)

 

 

3. 9:10 a.m. Committee Conditional Approvals:

 

 

(No Items)

 

 

 

4. 9:15 a.m. Committee Acceptance of Agency Responses to Objections:

 

(No Items)

 

 

5. 9:16 a.m. Committee Issuance of Preliminary or Revised Objections to Final Proposals:

 

(No Items)

 

 

 

NOTE:

 

The following proposals were conditionally approved by the Committee on the dates indicated. Also noted are whether there are agency responses and subsequent confirmation by the Office of Legislative Services that the proposals have been amended as conditionally approved. No further Committee action is required in that case.

 

 

Conditionally Approved July 21, 2016:

 

 

FP 2016-10

BOARD OF LICENSURE FOR LAND SURVEYORS

Rules Regarding Licensure Requirements; Disciplinary Matters, Continued Status, Ethical Standards and Research Standards

(Response not yet received.)

 

 

FP 2016-50

PEASE DEVELOPMENT AUTHORITY

Business-Use Piers Restrictions and Emergency Use; Commercial Piers General

Restrictions and Limitations

(Response received August 19, 2016 and confirmed August 22, 2016.)

 

 

Conditionally Approved August 18, 2016:

 

 

FP 2016-88

INSURANCE DEPARTMENT

Advertisements of Insurance

(Response received August 24, 2016 and confirmed August 25, 2016.)

 

 

FP 2016-101

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Birthing Center Rules

(Response received August 19, 2016 and confirmed August 19, 2016.)

 

 

FP 2016-102

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Medical Assistance Services Provided by Education Agencies

(Response received August 22, 2016 and confirmed August 23, 2016.)

 

 

NOTE: The following Final Proposal, postponed from the 8-18-16 agenda, has been withdrawn. No further Committee action is required.

 

 

FP 2016-104

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Reducing the Child Care Cost Share and Maintaining the Authorized Service Level for
Families at Step 1

REGULAR AGENDA

 

6. 9:18 a.m. Consider postponing action on certain items to another meeting.

 

7. 9:20 a.m. BOARD OF EDUCATION

 

 

FP 2016-64
Conditional Approval

Specialist in Assessment of Intellectual Functioning (SAIF)

(JLCAR Deadline September 15, 2016.)

(Formerly Item #8 on 8-18-16 agenda.)

 

 

8. 9:25 a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

FP 2016-19
Conditional Approval

Water Quality and Quantity Programs

Subdivisions; Individual Sewage Disposal Systems

(JLCAR Deadline October 3, 2016.)

 

 

9. 9:30 a.m. BOARD OF PSYCHOLOGISTS

 

 

FP 2016-2

Postponed to 10/20/16
Regular Meeting

Organizational Rules, Practice and Procedure, License and Registration Requirements,

Applications and Fees, Continued Status, Ethical Standards, Responsibilities of Psychologists, and Professional Misconduct

(JLCAR Deadline September 15, 2016.)

(Formerly Item #8 on 7-21-16 agenda and Item #7 on 8-18-16 agenda.)

 

 

10. 10:00 a.m. BOARD OF LICENSING FOR ALCOHOL AND OTHER DRUG USE PROFESSIONALS

 

 

FP 2016-39
Conditional Approval

Initial Certifications and Licenses

(JLCAR Deadline September 29, 2016. Former rules expired September 10, 2009.)

 

 

11. 10:05 a.m. BOARD OF PODIATRY

 

 

FP 2016-44
Postponed to 10/6/16
Continued Meeting

Opioid Prescribing

(JLCAR Deadline October 17, 2016.)

 

 

12. 10:10 a.m. BOARD OF REGISTRATION IN OPTOMETRY

 

 

FP 2016-45
Postponed to 10/6/16
Continued Meeting

Opioid Prescribing

(JLCAR Deadline October 17, 2016.)

 

 

13. 10:15 a.m. BOARD OF NURSING

 

 

FP 2016-131
Postponed to 10/6/16
Continued Meeting

Opioid Prescribing

(JLCAR Deadline October 17, 2016.)

 

 

14. 10:20 a.m. BOARD OF DENTAL EXAMINERS

 

 

FP 2016-140
Postponed to 10/6/16
Continued Meeting

Opioid Prescribing

(JLCAR Deadline October 14, 2016.)

 

 

15. 10:25 a.m. INSURANCE DEPARTMENT

 

 

FP 2016-94
Conditional Approval

Health Maintenance Organizations

(JLCAR Deadline September 26, 2016.)

 

 

16. 10:30 a.m. POLICE STANDARDS AND TRAINING COUNCIL TO BE POSTPONED

 

 

FP 2016-72

Postponed to 10/6/16
Continued Meeting

Application and Qualification, Continued Status, Ethical Standards and Training Approval

(JLCAR Deadline October 10, 2016.)

 

 

17. 10:35 a.m. DEPARTMENT OF SAFETY

 

 

(a) FP 2016-122
Approval

Certification for Additional Truck Weights Rules

(JLCAR Deadline October 17, 2016. Former interim rule expired September 1, 2016.)

 

 

(b) INT 2016-27
Approval

Interim Rules for Default Bench Warrant Fund Disbursement

(JLCAR Deadline December 7, 2016. Former rules expired June 19, 2014.)

 

 

18. 10:55 a.m. N.H. MOTOR VEHICLE INDUSTRY BOARD

 

 

INT 2016-28
Approval

Interim Rules for MVIB Scope of Hearings

(JLCAR Deadline December 7, 2016. Former rules expired November 29, 2015.)

 

 

19. 11:00 a.m. PHARMACY BOARD

 

 

FP 2016-27
Conditional Approval

Standards of Practice for Manufacturers, Wholesalers and Distributors

(JLCAR Deadline September 19, 2016.)

 

 

20. 11:15 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

(a) INT 2016-22
Approval

Commissioner

Certification Payments Standards for Community Based In-Home Service Providers

(JLCAR Deadline November 30, 2016. Existing rules will expire September 20, 2016.)

 

 

(b) INT 2016-23
Approval

Commissioner

Certification Payment Standards for Foster Care Services

(JLCAR Deadline November 30, 2016. Existing rules will expire September 20, 2016.)

 

 

(c) INT 2016-24
Approval

Former Division of Mental Health and Developmental Services

Community Mental Health Services

(JLCAR Deadline November 30, 2016. Existing rules will expire September 30, 2016.)

 

 

(d) INT 2016-25
Approval

Former Division of Public Health Services

Educational Health Centers

(JLCAR Deadline November 30, 2016. Former rules expired June 26, 2016.)

 

 

(e) INT 2016-26
Approval

Former Division of Public Health Services

Adult Day Programs

(JLCAR Deadline November 30, 2016. Former rules expired March 18, 2016.)

 

 

(f) FP 2016-125
Approval

Former Division of Human Services

Expiring Rules Related to Asset Transfers and Real Property Resources for All Categories
of Cash Assistance

(JLCAR Deadline October 17, 2016. Existing interim rules will expire September 20, 2016.)

 

 

(g) FP 2016-127
Postponed to 10/6/16
Continued Meeting

Former Division of Mental Health and Developmental Services

Conditional Discharge

(JLCAR Deadline October 17, 2016.)

 

 

(h) FP 2016-129
Conditional Approval

Former Division of Mental Health and Developmental Services

Housing Bridge Subsidy Program

(JLCAR Deadline October 17, 2016.)

 

 

(i) FP 2016-91
Postponed to 10/6/16
Continued Meeting

Former Division of Public Health Services TO BE POSTPONED

Communicable Diseases

(JLCAR Deadline October 14, 2016.)

 

 

(j) FP 2016-134
Approval

Former Division of Public Health Services

General Licenses, Source Material, Byproduct Material Other Than Source Material and General Licenses for Certain Items and Self-Luminous Products Containing Radium-226

(JLCAR Deadline October 17, 2016.)

 

 

(k) Emergency

Rule

No Further Action

Former Division of Human Services

Excluding Dependent Children's Supplemental Security Income (SSI) When Determining Eligibility and Benefit Amount for Financial Assistance to Needy Families (FANF)

(Document #11174, effective September 1, 2016.)

(No JLCAR Deadline. Rules will expire February 28, 2017.)

 

 

OTHER BUSINESS

21. 12:30 p.m.