JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

SEPTEMBER 20, 2018 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Chair

Rep. Carol M. McGuire, Vice Chair

Sen. Kevin Avard

Rep. William A. Hatch

Sen. Dan Feltes

Rep. Timothy Lang

Sen. Harold French

Rep. Peter B. Schmidt

Sen. Jay Kahn

Rep. Terry M. Wolf

Sen. Martha Fuller Clark (Alt.)

Rep. Karen Ebel (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. William Gannon (Alt.)

Rep. Carolyn Matthews (Alt.)

Sen. Dan Innis (Alt.)

Rep. Bill Ohm (Alt.)

Sen. Ruth Ward (Alt.)

Rep. John Sytek (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, Seating of Alternates, 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

EXIR Expedited Amendment to Incorporation by Reference


 

CONSENT AGENDA

 

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

 

 

(a) FP 2018-44
Approval

 

MIDWIFERY COUNCIL

Certification Requirements for Midwifery

(JLCAR Deadline October 1, 2018.)

 

 

(b) FP 2018-47
Preliminary Objection

PHARMACY BOARD

Fees for Limited Retail Drug Distributors, Mail-Order Pharmacies, Manufacturers, Wholesalers and Distributors, and Outsourcing Facilities

(JLCAR Deadline October 1, 2018.)

 

 

(c) FP 2018-90
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Solid Waste Programs

Combustion of Construction and Demolition Debris Amendments

(JLCAR Deadline October 15, 2018.)

 

 

(d) FP 2018-107
Approval

LOTTERY COMMISSION

Locations Permitted to Sell Keno

(JLCAR Deadline October 15, 2018.)

 

 

(e) FP 2018-111
Approval

BOARD OF FAMILY MEDIATOR CERTIFICATION

Procedural Rules

(JLCAR Deadline October 22, 2018.)

 

 

(f) FP 2018-114
Approval

BOARD OF FAMILY MEDIATOR CERTIFICATION

Ethical Standards

(JLCAR Deadline October 22, 2018.)

 

 

(g) FP 2018-118
Approval

INSURANCE DEPARTMENT

Ancillary Health and Blanket Insurance General Provisions

(JLCAR Deadline October 8, 2018.)

 

 

(h) FP 2018-119
Approval

INSURANCE DEPARTMENT

Discontinuance of Individual Ancillary Health Coverage

(JLCAR Deadline October 11, 2018.)

 

 

(i) FP 2018-120
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Syringe Services Program

(JLCAR Deadline September 21, 2018.)

 

 

(j) FP 2018-127
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Tobacco Tax Reporting and Payment

(JLCAR Deadline October 22, 2018.)

 

 

(k) FP 2018-136
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

General Licenses - Byproduct Material Other Than Source Material

(JLCAR Deadline October 19, 2018.)

 

 

(l) FP 2018-137
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Radiation Safety Requirements for Industrial Radiographic Operations

(JLCAR Deadline October 22, 2018.)

 

 

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

 

 

(a) FP 2018-48
Conditional Approval

PHARMACY BOARD

Pharmacy Interns

(JLCAR Deadline October 1, 2018.)

 

 

(b) FP 2018-58
Conditional Approval

PHARMACY BOARD

Pharmacy Technicians

(JLCAR Deadline October 1, 2018.)

 

 

(c) FP 2018-60
Conditional Approval

BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND EMBALMERS

Unlicensed Personnel; Eye Procurement; Ethical and Professional Standards; Preparation Room Requirements and Equipment

(JLCAR Deadline October 19, 2018.)

 

 

(d) FP 2018-109
Conditional Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Newborn Screening

(JLCAR Deadline September 27, 2018.)

 

 

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 not previously reported 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 19, 2018

 

 

FP 2018-7

REAL ESTATE APPRAISER BOARD

Apprentice Classification, Certificate and License Requirements; Continued Status

(Response received September 13, 2018 and confirmed September 13, 2018.)

 

 

FP 2018-15

BOARD OF BARBERING, COSMETOLOGY, AND ESTHETICS

Registration of Licensing Requirements; Renewal Forms; Violation Points for a Shop and/or Licensee; Ethical Standards; Tanning Owner Requirements

(Response received August 16, 2018 and confirmed August 17, 2018.)

 

 

Conditionally Approved August 16, 2018

 

 

FP 2018-70

DEPARTMENT OF SAFETY

Commissioner

Various Driver Licensing Rules

(Response received August 22, 2018 and confirmed August 22, 2018.)

 

 

FP 2018-21

BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS

Application Procedures; Continued Status; Ethical Standards

(Response not yet received.)

 

 

FP 2018-93

OFFICE OF PROFESSIONAL LICENSURE AND CERTIFICATION

Massage Therapy

(Response received September 4, 2018 and confirmed September 6, 2018.)

 

 

FP 2018-94

OFFICE OF PROFESSIONAL LICENSURE AND CERTIFICATION

Body Art Rules

(Response received September 4, 2018 and confirmed September 6, 2018.)

 

 

FP 2018-41

DEPARTMENT OF SAFETY

Commissioner

Various Carnival Amusement Rules

(Response received August 27, 2018 and confirmed August 27, 2018.)

 

 

FP 2018-72

DEPARTMENT OF SAFETY

Commissioner

Guidelines for Establishing Maximum Rates for Hazardous Materials Incident Response

(Response received August 27, 2018 and confirmed August 27, 2018.)

 

 

REGULAR AGENDA

 

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

 

7. 9:20 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

(a) FP 2018-87
Conditional Approval

Former Division of Public Health Services

Home Health Care Providers Licensing

(JLCAR Deadline September 21, 2018. Most of the former rules were interim rules which expired October 29, 2017.)

 

 

(b) FP 2018-88
Conditional Approval

Former Division of Public Health Services

Home Hospice Care Providers Licensing

(JLCAR Deadline September 24, 2018. The former interim rules expired October 26, 2017.)

 

 

(c) FP 2018-108
Postponed to 10/18/18
Regular Meeting

Former Division of Public Health Services

Substance Use Disorder Residential Treatment Facility Licensing

(JLCAR Deadline October 1, 2018.)

 

 

(d) INT 2018-19
Conditional Approval

Former Division of Public Health Services

Milk Producers, Milk Plants, Producer-Distributors, and Distributors

(JLCAR Deadline December 12, 2018. Rule implements 2018, 323:3-23 (SB 491), effective June 25, 2018,)

 

 

(e) Discussion on the following emergency rule:
No Further Action

 

 

ER (Doc. #12607)

Former Division of Mental Health and Developmental Services

Medical Assistance Services Provided by Education Agencies

(Effective August 20, 2018. Scheduled to expire February 16, 2019.)

 

 

8. 9:40 a.m. COMMUNITY DEVELOPMENT FINANCE AUTHORITY

 

 

INT 2018-18
Approval

Community Development Block Grant Rules

(JLCAR Deadline November 28, 2018. Most of the former rules expired June 29, 2013 and January 1, 2014.)

 

 

9. 9:50 a.m. UNIVERSITY SYSTEM OF NEW HAMPSHIRE

 

 

FP 2018-51
Preliminary Objection
with Recommendation

Financial Policies on Classification of Students for Tuition Purposes

(JLCAR Deadline October 8, 2018. Former rules expired November 17, 2012.)

 

 

10. 10:00 a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a) FP 2018-91
Conditional Approval

Air Related Programs

Municipal Waste Combustion, Including Requirements for Combusting Processed Wood Residue

(JLCAR Deadline October 15, 2018.)

 

 

(b) FP 2018-129
Preliminary Objection

Objection Response to be heard 10/4/18 - Continued Meeting

Oil and Remediation Programs

Underground Storage Tank Facilities

(JLCAR Deadline October 22, 2018.)

 

 

11. 10:15 a.m. HIGHER EDUCATION COMMISSION

 

 

FP 2018-43
Conditional Approval

Career School Licensing

(JLCAR Deadline October 4, 2018.)

 

 

12. 10:30 a.m. BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND EMBALMERS

 

 

FP 2018-59
Conditional Approval

Definitions; Record of Board Actions; Nonadjudicative Investigations & Hearings; Waivers of Substantive Rules; Explanation After Adoption

(JLCAR Deadline October 19, 2018.)

 

 

13. 10:40 a.m. ELECTRICIANS' BOARD

 

 

INT 2018-20
Approval with Recommendation

Supervision

(JLCAR Deadline December 12, 2018. Interim rule implements 2018, 243 (HB 1327), effective June 12, 2018.)

 

14. 10:45 a.m. BOARD OF SEPTIC SYSTEM EVALUATORS

 

 

FP 2018-62
Conditional Approval

Licensure Requirements; Continued Status; Ethical Standards and Professional Conduct

(JLCAR Deadline October 19, 2018. Former interim rules expired March 27, 2018.)

 

 

15. 10:50 a.m. BOARD OF FAMILY MEDIATOR CERTIFICATION

 

 

(a) FP 2018-112
Approval

Certification Requirements

(JLCAR Deadline October 22, 2018.)

 

 

(b) FP 2018-113
Conditional Approval

Continued Status

(JLCAR Deadline October 22, 2018.)

 

 

(c) FP 2018-115
Conditional Approval

Initial Certification of Family Mediator Training Programs

(JLCAR Deadline October 22, 2018.)

 

 

(d) FP 2018-116
Approval

Continued Status of Certified Family Mediator Programs

(JLCAR Deadline October 22, 2018.)

 

 

(e) FP 2018-117

Postponed to 10/18/18
Regular Meeting

Domestic Violence

(JLCAR Deadline October 22, 2018.)

 

 

16. 11:15 a.m. BOARD OF EDUCATION

 

 

OR 2018-35
Postponed to 10/18/18
Regular Meeting

Certification Standards for Educators on Code of Professional Conduct, Investigations and Disciplinary Proceedings, and Denial of Certification

(JLCAR Deadline November 20, 2018.)
(Response due by October 8, 2018 but not yet filed.)

 

 

OTHER BUSINESS

17. 11:20 a.m.