JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

Action Minutes

 

OCTOBER 2, 2008

 

 

Members Present:   Representatives Pilotte, Patten, MacKay, Schmidt, Gottling, Millham*, and Boyce*, and Senator Downing.  (*)  Indicates alternate member.

 

(**)  Part 1, Article 28-a of the N.H. Constitution was not an issue in the Committee’s discussions or decisions in this meeting.

 

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

 

     Members present at this time, aside from Rep. Pilotte, were Reps. Patten, MacKay, Schmidt, Gottling, and Boyce.

 

     Rep. Pilotte appointed Rep. Boyce as an alternate for Sen. Letourneau, who was absent.

 

2.  The Committee discussed the minutes of the Committee meeting on September 18, 2008.

 

     Rep. MacKay moved that the minutes be approved.

 

     Rep. Patten seconded.

 

     Adopted.

 

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

 

     Rep. Schmidt moved that the Committee postpone action on the following item to the next Committee meeting on October 16, 2008:

 

17. OR 2007-220

Liquor Commission

License Information Requirements

(No JLCAR Deadline.  Agency's objection response deadline of August 4, 2008 has been waived.)

 

     Rep. Patten seconded.

 

     Adopted.

 

4.  The Committee discussed Final Proposal 2008-95 from the Department of Health and Human Services (Certification for Payment Standards for Community-Based Behavioral Health Service Providers).  Dawn Landry testified for the Department.  Roger Desrosiers also represented the Department.

 

     Dawn Landry, on half of the Department, requested a conditional approval to insert “1996” in the Incorporation by Reference Statement in reference to the “Mental Health Domestic Violence Protocols” and in the rules He-C 6344.05(f), He-C 6344.06(f), and He-C 6344.07(e) where the document is referenced.

 

     Rep. Millham arrived during the discussion on this item.

 

     Rep. Patten moved that the Committee conditionally approve Final Proposal 2008-95 as requested.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

     At this time Rep. Pilotte appointed Rep. Millham as an alternate for Sen. Downing, who was absent.  Therefore, Rep. Millham did not vote on Final Proposal 2008-95.

 

5.  The Committee discussed Final Proposal 2008-138 from the Department of Health and Human Services (Commissioner, Certification for Payment Standards for Recreation Service Providers).  Dawn Landry Roger Desrosiers, and Lisabrit Solsky testified for the Department.

 

     Rep. Schmidt moved that the Committee conditionally approve Final Proposal 2008-138 on the condition that the words “agreed upon” be inserted in He-C 6346.09(c) so that “accept payments” reads as “accept agreed upon payments”.

 

     Rep. Millham seconded.

 

     Adopted. 

 

6.  The Committee discussed Final Proposal 2008-142 from the Department of Health and Human Services (Former Division of Public Health Services, Home Hospice Care Providers).  John Martin and Rodney Bascom testified for the Department.

 

     The Department had requested a conditional approval in a letter and amended rule dated September 16, 2008.

 

     Sen. Downing arrived during the discussion of this item.

 

     Since Sen. Downing was now present, Rep. Pilotte appointed Rep. Millham as an alternate for Sen. Cilley, who was absent.

 

     John Martin, on behalf of the Department, requested an additional amendment in the conditional approval to change “$100.00” to “$500.00” relative to administrative fines in He-P 823.12(f)(8) and (f)(13).

 

     Rep. Millham moved that the Committee conditionally approve Final Proposal 2008-142 as requested in the Department’s  submission of September 16, 2008 and with the amendment added orally.

 

     Rep. Boyce seconded.

 

     Adopted.

 

7.  The Committee discussed the response of the Department of Health and Human Services to the Committee’s preliminary objection to Final Proposal 2008-84 (Former Division of Public Health Services, Community Residences at the Residential Care and Supported Residential Care Level).  John Martin and Rodney Bascom represented the Department.

 

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

 

     Sen. Downing seconded.

 

     Adopted.  

 

8.  The Committee discussed Final Proposal 2008-147 from the Department of Health and Human Services (Former Division of Human Services, Home and Community-Based Care Medically Needy Eligibility).  Dawn Landry and Joyce St. Onge testified for the Department.

 

     Rep. Patten moved that the Committee approve Final Proposal 2008-147.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

9.  The Committee discussed the response of the Pharmacy Board to the Committee’s preliminary objection to Final Proposal 2008-40 (Mail-Order Pharmacies).  Paul Boisseau testified for the Board.

 

     Sen. Downing moved that the Committee accept the response and approve the rules and petition the board to amend Ph 905.01 to include all the criteria to address the issue as outlined in the annotation by Committee staff.

 

     Rep. Patten seconded.

 

     Adopted. 

 

10.  After a break with Reps. Pilotte, Patten, Mackay, Schmidt, Gottling, Millham, and Boyce, and Sen. Downing present, the Committee discussed the response of the Board of Registration in Optometry to the Committee’s preliminary objection to Final Proposal 2008-72 (Out-of-State Contact Lens Dispensers, Continuing Education for Optometrists, Standard of Conduct, and Contact Lens Follow-Up Care).  Keith Emery of the Board and Elyse S. Alkalay of the Department of Justice testified for the Board.

 

      Valerie Acres of Sheehan, Phinney, Bass, and Green testified for the National Association of Optometrists and Opticians (NAOO). 

 

      Keith Emery requested a revised objection on behalf of the Board in order to amend Opt 503.03 (a)(4) and (a)(6) to add “or verified by direct communication” at the end of Opt 503.03(a)(4) and “or communicated to the seller during the verification process” at the end of Opt 503.03(a)(6).

 

      Rep. Schmidt moved that the Committee make a revised objection to Final Proposal 2008-72 on the same ground as the preliminary objection so as to amend Opt 503.03 (a)(4) to add “or verified by direct communication” at the end of the rule and amend Opt 503.03 (a)(6) to add “or communicated to the seller during the verification process” at the end of that rule.

 

      Rep. Boyce seconded.

 

      Adopted.

 

11.  Sen. Downing moved that the Committee adjourn.

 

      Rep. Schmidt seconded.

 

      Adopted.

 

      The Committee adjourned at 11:46 a.m., effectively postponing consideration of the following item to the next Committee meeting:

 

     

OTHER BUSINESS

 

18. Other