JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

SEPTEMBER 17, 2015 - 9:00 a.m.

ROOMS 305/307 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 and Proposed Interim Rule:

 

 

(a) FP 2015-102
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Public Swimming Pools - Materials and Methods of Construction

(JLCAR Deadline October 16, 2015.)

 

 

(b) FP 2015-106
Approval

BOARD OF BARBERING, COSMETOLOGY AND ESTHETICS

Operator Requirements

(JLCAR Deadline September 28, 2015.)

 

 

(c) FP 2015-107
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Mileage Reimbursement for the Food Stamp Employment and Training (FSET) Program

(JLCAR Deadline October 19, 2015.)

 

 

(d) FP 2015-113
Approval

FISH AND GAME DEPARTMENT

Freshwater Fishing Changes 2015.

(JLCAR Deadline October 19, 2015.)

 

 

(e) FP 2015-114
Approval

DEPARTMENT OF ADMINISTRATIVE SERVICES

Division of Personnel

Written Warning

(JLCAR Deadline September 28 , 2015.)

 

 

(f) FP 2015-118
Approval

BOARD OF NURSING

Continued Status

(JLCAR Deadline October 16, 2015.)

 

 

(g) FP 2015-119
Approval

BOARD OF NURSING

Ethical Standards: Professional Duties of an Advanced Practice Registered Nurse (APRN)

(JLCAR Deadline October 16, 2015.)

 

 

(h) FP 2015-126
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Exempt Concentrations of Radioactive Isotopes in Gas, Liquid, and Solid Concentrations
and Exempt Quantities

(JLCAR Deadline October 19, 2015.)

 

 

(i) INT 2015-10
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Public Health Laboratories Fee Schedule

(JLCAR Deadline December 9, 2015. Former rules expired May 25, 2015.)

 

 

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 16, 2015

 

 

FP 2015-41

GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS

Requirements for Initial Licensure

(Response received 8-21-15 and confirmed 8-24-15.)

 

 

FP 2015-42

GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS

Continued Status

(Response received 8-21-15 and confirmed 8-24-15.)

 

 

FP 2015-35

PEASE DEVELOPMENT AUTHORITY

Slip Permits; State-Owned Restricted Piers

(Response received 8-18-15 and confirmed 8-19-15.)

 

 

FP 2015-73

NH LOTTERY COMMISSION

Rules for Sales Agents

(Response received 8-20-15 and confirmed 8-21-15.)

 

 

Conditionally Approved August 20, 2015

 

 

FP 2015-61

BOARD OF EDUCATION

Physical Education and Principal

(Response received 9-9-15 and confirmed 9-10-15.)

 

 

FP 2015-87

RACING AND CHARITABLE GAMING COMMISSION

Bingo

(Response received 9-9-15 and confirmed 9-9-15.)

 

 

FP 2015-88

RACING AND CHARITABLE GAMING COMMISSION

Games of Chance

(Response received 9-9-15 and confirmed 9-9-15.)

 

 

FP 2015-110

DEPARTMENT OF SAFETY

Emergency Medical Services Complaint and Investigation Process Rules

(No response yet.)

 

 

FP 2015-111

DEPARTMENT OF SAFETY

Law Enforcement Provider Rules

(No response yet.)

 

 

FP 2015-109

DEPARTMENT OF SAFETY

Adoption of 2015 New Hampshire Patient Care Protocols

(Response received 9-4-15 and confirmed 9-4-15.)

 

 

FP 2015-99

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Substance Use Disorder (SUD) Treatment and Recovery Support Services

(Response received 8-25-15 and confirmed 8-27-15.)

 

 

NOTE: The following Final Proposal from the Department of Health and Human Services was postponed on August 20, 2015 to the regular JLCAR meeting on October 15, 2015:

 

 

FP 2015-67

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Medicaid Managed Care

(JLCAR Deadline October 15, 2015.)

 

 

REGULAR AGENDA

 

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

 

7. 9:20 a.m. DEPARTMENT OF AGRICULTURE, MARKETS AND FOOD

 

 

FP 2015-80
Conditional Approval

Importation of Bovines and Other Domestic Animals into New Hampshire

(JLCAR Deadline September 17, 2015. Former rules expired March 21, 2015.)

(Formerly Item #12 on 8-20-15 agenda.)

 

 

8. 9:25 a.m. BOARD OF NURSING

 

 

FP 2015-117
Conditional Approval Preliminary Objection

Licensing Requirements

(JLCAR Deadline October 16, 2015.)

 

 

9. 9:30 a.m. INSURANCE DEPARTMENT

 

 

FP 2015-130
Conditional Approval

Continuing Care Retirement Communities

(JLCAR Deadline October 19, 2015.)

 

 

10. 9:50 a.m. BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND EMBALMERS

 

 

(a) OR 2015-39
Revised Objection

Funeral Director's Place of Establishment

(JLCAR Deadline November 24, 2015. Former rules expired January 20, 1994.)

(Response not yet filed. Response due by October 5, 2015.)

 

 

(b) OR 2015-40
Approval with Understanding

Crematories

(JLCAR Deadline November 24, 2015. Former rules expired as He-P 700 on November 5, 2013.)

(Response not yet filed. Response due by October 5, 2015.)

 

 

11. 10:00 a.m. Discussion on response to the following Committee rulemaking petition:

 

 

Accepted Commissioner of the Department of Agriculture, Markets and Food relative to registration of

poultry and rabbit producers to implement RSA 143-A:16, II.

(Formerly Item #16 on 8-20-15 agenda.)

 

 

12. 10:10 a.m. Discussion on amendments to the Drafting and Procedure Manual for Administrative Rules.

No Action

 

 

 

OTHER BUSINESS

13. 10:30 a.m.