Joint Legislative Committee on Administrative Rules

 

 

Action Minutes

 

JANUARY 21, 2005

 

 

Members Present: Representatives Patten, Taylor, Bicknell, Allan, Dodge*, Carson*, Blanchard* and Pilotte*, and Senators Flanders, Estabrook, Letourneau, and Bragdon*.  (*) Indicates alternate member.

 

(**)  Indicates where Part 1, Article 28-a of the N.H. Constitution was an issue in the Committee’s discussions or decisions in this meeting.  (See Items 13-16.  However, Items 13, 14, and 16 were approved.)

 

1.  The meeting was convened at 9:02 a.m. by Rep. Patten as Vice-Chair.

 

     Members present at this time, aside from Rep. Patten, were Reps. Bicknell, Allan, Blanchard, Dodge, Carson, and Pilotte, and Sens. Flanders and Bragdon.

 

     Rep. Patten appointed Sen. Bragdon as an alternate for Sen. Letourneau, and Reps. Blanchard, Dodge, Carson, and Pilotte as alternates, respectively, for Rep. Taylor, Rep. Wall, Sen. Martel, and Sen. Clark, who were absent.

 

2.  The Committee discussed the minutes of the continued Committee meeting on December 30, 2004.

 

     Rep. Bicknell moved that the minutes be approved.

 

     Sen. Flanders seconded.

 

     Adopted.

 

3.  The Committee discussed the following final proposals from the agencies indicated (Consent Agenda - Final Proposals):

 

FP 2004-109

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Organizational Rules

 

 

FP 2004-110

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Procedural Rules

 

 

FP 2004-111

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Procedures for the Receipt of Misconduct Complaints and Conduct of Disciplinary Hearings; Settlements; Explanation of Adopted Rules; Voluntary Surrender of License

 

 

FP 2004-113

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Ethical Standards

 

 

FP 2004-115

NATUROPATHIC BOARD OF EXAMINERS

Organization

 

 

FP 2004-116

NATUROPATHIC BOARD OF EXAMINERS

Procedural Rules

 

 

FP 2004-117

NATUROPATHIC BOARD OF EXAMINERS

Complaints of Misconduct, Settlements & Explanation of Adopted Rules

 

 

FP 2004-156

DEPARTMENT OF ENVIRONMENTAL SERVICES

Division of Air Resources

Federal Standards Update For Air Pollution Control

 

 

FP 2004-169

ELECTRICIANS' BOARD

Examinations, Electrical Code, Relicensure and Continuing Education

 

 

FP 2004-170

INSURANCE DEPARTMENT

Ins 2500 Home Warranty Insurance

 

 

FP 2004-173

DEPARTMENT OF HEALTH & HUMAN SERVICES

Former Division of Human Services

Acting on Food Stamp Changes

 

 

FP 2004-175

BOARD OF NURSING

Specific Rules for Application and Verification Fees; Fees

 

 

FP 2004-178

DEPARTMENT OF HEALTH & HUMAN SERVICES

Former Division of Human Services

Financial and Medical Assistance

 

     Rep. Taylor arrived during the discussion of this item.

 

     Rep. Patten appointed Rep. Blanchard as an alternate for Sen. Estabrook, who was absent.

 

     Sen. Flanders moved that the Committee approve the final proposals.

 

     Rep. Blanchard seconded.

 

     Adopted.

 

4.  The Committee discussed whether to postpone action on certain items to another Committee meeting

 

     Sen. Letourneau arrived during the discussion of this item.

 

     Rep. Taylor moved that the Committee postpone action on the following items to the continued meeting on February 4, 2005:

 

15.    DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2004-174

Former Division of Mental Health and Development Services

Day Services

(JLCAR Deadline February 22, 2005.  Existing Interim rules will expire February 17, 2005.)

 

 

(b)  OR 2004-128

DEPARTMENT OF HEALTH & HUMAN SERVICES

Former Division of Human Services

Medicaid for Employed Adults with Disabilities

(JLCAR Deadline February 22, 2005.)

 

 

16.    Discussion on proposed rulemaking petition for the Department of Safety relative to amending Saf-C 5203.04 on maximum rates for hazardous materials incident response.

         (Formerly Item 14 on 12-30-04 agenda.)

 

17.    Discussion on responses to petitions.

 

(a)  Petition to the Department of Environmental Services relative to Env-Ws 905 concerning standards for management of mercury-containing amalgam.  (Petition made October 28, 2004.  See response dated December 10, 2004).

(Formerly Item 24(a) on 12-16-04 agenda and Item 15 on 12-30-04 agenda.)

 

(b)  Petition to the Board of Education to undertake a new rulemaking proceeding relative to standards for educational personnel and approval of professional preparation programs in order to conform with federal law regarding the use of Social Security Numbers.  (Petition made November 19, 2004.  See response dated December 16, 2004).

(Formerly Item 15(b) on 12-30-04 agenda.)

 

 

18.    Remaining Responses to Preliminary Objections Made in December 30, 2004 Meeting But Not Yet Received by Committee Staff.

         (JLCAR Deadline April 5, 2005)

 

(a)  OR 2004-148

DEPARTMENT OF HEALTH & HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Case Management and Low Utilizers

OTHER BUSINESS

19.    Other

 

     Sen. Flanders seconded.

 

     Rep. Patten appointed Sen. Bragdon as an alternate, instead of Rep. Carson, for Rep. Martel, who was absent.

 

     The motion was adopted.

 

     Rep. Carson was not voting.  Rep. Carson was not appointed as an alternate for another absent regular member and so did not vote for the remainder of the meeting.

 

5.  The Committee discussed Final Proposal 2004-118 from the Naturopathic Board of Examiners (Licensing and Certification Requirements).  Trudy Mott-Smith and Dr. Deborah Sellars testified for the agency.

 

     Sen. Martel arrived during the discussion of this item, and Sen. Bragdon left.

 

     Sen. Flanders moved that the Committee conditionally approve Final Proposal 2004-118 on the condition that the agency insert the words "pursuant to Nat 302.03(d) and Nat 302.04(e)" at the end of Nat 303.01(b), and the words "pursuant to Nat 303.02(g) and (h) and Nat 302.04(e)" at the end of Nat 303.01(c).

 

     Sen. Letourneau seconded.

 

     Adopted.

 

     Rep. Patten noted for the record that Rep. Dodge objected about inclusion of Nat 303.02(h) in the motion.

 

6.  The Committee discussed Final Proposal 2004-112 from the Governing Board of Occupational Therapists (Requirements for Licensure).  Trudy Mott-Smith and Dennis Tobin testified for the agency.

 

     Sen. Bragdon returned to the meeting during the discussion of this item, but was not appointed as an alternate again and so did not vote.

 

     Trudy Mott-Smith, on behalf of the Board, submitted a request for conditional approval with an amended rule dated January 21, 2005.

 

        Rep. Blanchard moved that the Committee conditionally approve Final Proposal 2004-112 as requested by the agency.

 

        Sen. Martel seconded.

 

        Adopted.

 

7.  The Committee discussed Final Proposal 2004-160 from the Governing Board of Occupational Therapists (Certification for the Use of Physical Agent Modalities).  Trudy Mott-Smith and Dennis Tobin testified for the agency.

 

     Trudy Mott-Smith, on behalf of the Board, submitted a request for conditional approval with an amended rule dated January 21, 2005.

 

        Rep. Allan moved that the Committee conditionally approve Final Proposal 2004-160 as requested by the agency.

 

        Sen. Martel seconded.

 

        Adopted.

 

        Rep. Blanchard left the meeting at this time.  Rep. Patten therefore appointed Sen. Bragdon as an alternate for Sen. Estabrook, who was absent.

 

8.  The Committee discussed Final Proposal 2004-172 from the Electricians' Board (Change in Fees and License Renewal Period).  Pam Olin and Henry J. Szumiesz testified for the agency.

 

     Sen. Estabrook arrived during the discussion of this item, and Sen. Flanders left.

 

      Sen. Martel moved that the Committee approve Final Proposal 2004-172.

 

      Sen. Letourneau seconded.

 

      Adopted.

 

      Sen. Bragdon, as an alternate for Sen. Estabrook, did not vote as Sen. Estabrook was now present, and Sen. Bragdon was not appointed as an alternate for another regular member and so did not vote as an alternate for the remainder of the meeting.

 

9.   The Committee discussed Proposed Final Proposal 2004-177 from the Department of Health & Human Services (Former Division of Human Services, New Hampshire Employment Program).  Michele Beasley and Lisabritt Solsky testified for the agency.

 

     Sen. Flanders returned to the meeting during the discussion of this item.

 

        Rep. Bicknell moved that the Committee approve Final Proposal 2004-177.

 

        Rep. Pilotte seconded.

 

        Adopted.

 

10.  The Committee discussed the response of the Department of Health & Human Services to the Committee's preliminary objection to Final Proposal 2004-130 (Former Division of Human Services, New Hampshire Employment Program).  Michele Beasley and Lisabritt Solsky testified for the agency.

 

        Rep. Allan moved that the Committee accept the response and approve the rules.

 

        Sen. Letourneau  seconded.

 

        Adopted.

 

11.  After a break, with Reps. Patten, Taylor, Allan, Bicknell, Dodge, Carson, and Pilotte, and Sens. Flanders, Letourneau, Martel, and Bragdon present, the Committee discussed Final Proposal 2004-155 from the Public Utilities Commission (Alternative Regulation).  Suzanne Amidon testified for the agency.

 

     Sen. Estabrook returned to the meeting during the discussion of this item.

 

        Rep. Taylor moved that the Committee approve Final Proposal 2004-155.

 

        Rep. Dodge seconded.

 

        Adopted.

 

12.  The Committee discussed Final Proposal 2004-182 from the Department of Safety (Various Display Fireworks Rules).  Marta Modigliani testified for the agency.

 

      Rep. Blanchard returned to the meeting during the discussion of this item but was not appointed as an alternate again and so did not vote.

 

        Rep. Taylor moved that the Committee approve Final Proposal 2004-182.

 

        Rep. Pilotte seconded.

 

        Adopted.

 

**13. The Committee discussed the response of the Department of Environmental Services to the Committee's preliminary objection to Final Proposal 2004-59 (Division of Waste Management, Control of Underground Storage Facilities).  Gretchen Hamel and Lynn Woodard testified for the agency.

 

        Sen. Letourneau moved that the Committee accept the response and approve the rules.

 

        Rep. Martel seconded.

 

        Adopted.

 

**14. The Committee discussed Final Proposal 2004-167 from the Department of Environmental Services (Division of Air Resources, Regulated Toxic Air Pollutants).  Barbara Hoffman and Richard Rumba testified for the agency.

 

        After a break, with Reps. Patten, Taylor, Bicknell, Blanchard, Pilotte, and Carson, and Sens. Estabrook, Flanders, Bragdon, and Martel present, the Committee resumed discussion of this item.

 

        Sen. Martel moved that the Committee approve Final Proposal 2004-167.

 

        Rep. Taylor seconded.

 

        Adopted.

 

        Rep. Allan and Sen. Letourneau returned to the meeting at this time.

 

**15. The Committee discussed Final Proposal 2004-181 from the Department of Environmental Services (Division of Air Resources, Standards for Pretreatment of Industrial Wastewater).  Gretchen Hamel and George Carlson testified for the agency.

 

        Sen. Flanders moved that the Committee make a preliminary objection to Final Proposal 2004-181 on the grounds as outlined in the annotations to the final proposal by Administrative Rules Director Eaton.

 

        Rep. Taylor seconded.

 

        Adopted.

 

**16. The Committee discussed Proposed Interim Rule INT 2005-1 from the Department of Environmental Services (Division of Water, Dam Rules).  Gretchen Hamel testified for the agency.

 

        Rep. Allan moved that the Committee approve Proposed Interim Rule INT 2005-1.

 

        Rep. Blanchard seconded.

 

        Adopted.

 

17.   The Committee discussed the response of the Insurance Department to the Committee's preliminary objection to Final Proposal 2004-133 (Ins 4000 Uniform Reporting System for Health Care Claims Data Sets).  Leslie Ludtke testified for the agency.

 

        Rep. Taylor moved that the Committee accept the response and approve the rules.

 

        Sen. Martel seconded.

 

        Adopted.

 

18.   The Committee discussed Initial Proposal 2004-180 from the Board of Education (Standards for School Approval) and whether the Committee should send a letter to the Board with concerns of the Committee.

 

        Sen. Estabrook and Sen. Martel left the meeting during discussion of this item.

 

        No action was taken at this time.

 

19.   Sen. Flanders moved that the Committee recess until February 4, 2005.

 

        Rep. Taylor seconded..

 

        Adopted.

 

        The Committee recessed at 1:26 p.m.