JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
DECEMBER 18, 2008
Members Present: Representatives Pilotte, Patten, Schmidt, Gottling, and Boyce*,
and Senators Fuller Clark, Merrill, Letourneau, Denley, and DeVries*. (*) 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 Item #14. However, that item was approved.)
1. The
meeting was convened at 9:05 a.m.
by Rep. Pilotte.
Members present at this time, aside from
Rep. Pilotte, were Reps. Patten, Schmidt, and Gottling, and Sens. Fuller-Clark
and Denley.
2. The Committee discussed the election of an Acting Chair.
Rep. Schmidt moved to have an Acting Chair.
Rep. Patten seconded.
Adopted.
Sen. Fuller Clark moved that Rep. Pilotte be Acting Chair.
Rep. Patten seconded.
Adopted.
3. The Committee discussed the election of a
Chairperson and Vice-Chairperson.
Sen. Fuller Clark moved that the Rep.
Pilotte be Chair for the next 2 years.
Rep. Patten seconded.
Adopted.
Rep. Patten moved that Sen. Fuller Clark be
Vice-Chair for the next 2 years.
Rep. Schmidt seconded.
Adopted.
Sens. Merrill and DeVries arrived during
the discussion of this item.
After further discussion, Sen. Fuller Clark
moved that the Committee reconsider it votes to elect a Chair and Vice-Chair.
Rep. Schmidt seconded.
Adopted.
Rep. Pilotte as Acting Chair appointed Sen.
DeVries as an alternate for Sen. Cilley, who was absent.
Rep. Pilotte asked for nominations for
Chair, but there were none.
Sen. Fuller Clark nominated Rep. Pilotte as
Vice-Chair.
Sen. DeVires seconded.
Adopted.
4. The Committee discussed the minutes of the Committee meeting on November 20, 2008.
Rep. Patten moved that the minutes be approved.
Sen. Fuller Clark seconded.
Adopted.
5. The Committee discussed scheduling of meetings for 2009.
Sen. Letourneau arrived during hr discussion of this item, and Sen. DeVries left.
It was the consensus of the Committee that January 9, 2009 be the continued meeting date.
Rep. Patten moved that the Committee have a regular meeting on January 16, 2009.
Rep. Schmidt seconded.
Adopted.
It was the consensus of the Committee that the meeting schedule for 2009 would be considered at the continued meeting on January 9.
6. The Committee discussed the following final proposals from the agencies indicated (Consent Agenda – Final Proposals):
|
FP 2008-111 |
BOARD
OF CHIROPRACTIC EXAMINERS Definitions;
Information Required by the Application Form |
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FP 2008-112 |
BOARD OF CHIROPRACTIC EXAMINERS Definitions; Renewal Application Form;
Obligation to Keep Board Records Current; Obligation to Maintain Patient
Records |
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|
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FP 2008-162 |
BOARD OF VETERINARY MEDICINE Organizational
Rules |
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FP 2008-175 |
PHARMACY
BOARD Collaborative
Pharmacy Practice |
Sen. Fuller Clark moved that the Committee approve the final proposals.
Rep. Schmidt seconded.
Adopted.
7. The Committee discussed the following final proposal from the agency indicated (Consent Agenda – Preliminary Objections):
|
FP 2008-181 |
BOARD OF MEDICINE Fees Established by the Board and Standards
of Conduct for Physicians Licensed in |
Rep. Schmidt moved that the Committee make a preliminary objection to Final Proposal 2008-181 as outlined in annotations to the final proposal by Committee staff.
Rep. Patten seconded.
Adopted.
8. The Committee discussed whether to postpone action on certain items to another meeting.
Sen. Fuller Clark moved that the Committee postpone action on the following items to the Committee meeting on January 9, 2009:
|
17. FP 2008-186 |
BOARD OF NURSING Various Provisions Related to: Qualifications, Examinations, Renewals,
On-going Requirements, Nursing and Nursing Assistant Education Programs,
Nursing Education Program Fees, and LNA Medication Administration
Certification (JLCAR
Deadline January 15, 2009.) |
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18. DEPARTMENT OF ENVIRONMENTAL SERVICES |
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(a) FP 2008-189 |
Hazardous Waste Programs Hazardous Waste – Organization and
Definitions (JLCAR
Deadline January 19, 2009.) |
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(b) FP 2008-190 |
Hazardous Waste Programs Hazardous Waste – Procedural Rules (JLCAR
Deadline January 19, 2009. Existing
interim rules will expire |
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(c) FP 2008-191 |
Hazardous Waste Programs Hazardous Waste – Permits (JLCAR
Deadline January 19, 2009. Existing
interim rules will expire |
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19. INSURANCE DEPARTMENT |
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(a) FP 2008-124 |
Suitability in Annuity Transactions (JLCAR
Deadline January 19, 2009.) |
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(b) FP 2008-174 |
Medical Malpractice Liability Insurance (JLCAR
Deadline January 19, 2009. Former
rules expired December 1, 2008.) |
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20. FP 2008-163 |
BOARD
OF VETERINARY MEDICINE Administrative Rules Vet 200-700 (JLCAR
Deadline January 19, 2009. Existing
rules will expire December 21, 2008.) |
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OTHER BUSINESS |
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21. Other |
|
Rep. Schmidt seconded.
Adopted.
9. The Committee discussed Final Proposal 2008-171 from the Department of Health and Human Services (Commissioner, Certification for Payment Standards for Interpreter Service Providers). Michael Holt and Roger Desrosiers testified for the Department.
Sen. Fuller Clark moved that the Committee approve Final Proposal 2008-171.
Sen. Merrill seconded.
Adopted.
10. The Committee discussed Final Proposal 2008-172 from the Department of Health and Human Services (Commissioner, Certification Payment Standards for Transportation Service Providers). Michael Holt and Roger Desrosiers testified for Department.
The Committee took no motion at this time so that Committee staff and agency staff could discuss potential amendments.
11. The Committee discussed Final Proposal 2008-188 from the Department of Health and Human Services (Former Division of Public Health Services, Indoor Smoking Rules). Michael Holt and Kathryn Frey testified for the Department.
Rep. Schmidt moved that the Committee approve Final Proposal 2008-188.
Sen. Fuller Clark seconded.
Adopted.
Rep. Pilotte noted for the record that Sen. Letourneau voted “no”.
12. The Committee discussed Final Proposal 2008-113 from the Governing Board of Speech Language Pathologists (Continued Status). Trudy Mott-Smith of the Department of Administrative Services and Diane Boutwell Roosen, Board Chair, testified for the Board.
Rep. Boyce arrived during the discussion of this item.
Rep. Pilotte appointed Rep. Boyce as an alternate for Rep. Millham, who was absent.
Rep. Schmidt moved that the Committee conditionally approve Final Proposal 2008-113 on the condition that Spe 404.01(g) be deleted and the Board seek legislation to delete RSA 328-F:23, II(f).
Sen. Fuller Clark seconded.
On a show of hands, the vote was 3 “yes” and 5 “no”. The motion was not adopted.
After further discussion, Rep. Schmidt moved that the Committee conditionally approve Final Proposal 2008-113 on the condition that (1) Spe 404.01(g) be deleted; (2) Spe 405.01(a) be amended to read: “Licensees intending to renew their licensure shall maintain continuing competence by completing per biennium 30 hours of continuing professional education or professional activity further described in Spe 405.03.”; and (3) Spe 405.02 be deleted, and that the Committee recommend to the Board that it seek legislation to delete RSA 328-F:23, II(f) and to clarify RSA 328-F:23, II(b) regarding the kinds of criminal convictions which constitute misconduct.
Sen. Fuller Clark seconded.
Adopted.
13. The Committee resumed discussion of Final Proposal 2008-172 from the Department of Health and Human Services (Commissioner, Certification Payment Standards for Transportation Service Providers). Michael Holt and Roger Desrosiers testified for the Department.
Sen. Fuller Clark moved that the Committee conditionally approve Final Proposal 2008-172 on the condition that the following sentence be inserted as the first sentence in He-C 6348.18(c): “Medicaid-enrolled providers providing Medicaid-covered services shall be reimbursed at the prevailing Medicaid rates for transportation.”
Rep. Schmidt seconded.
Adopted.
**14. The Committee discussed Final Proposal 2008-151 from the Board of Licensing for Alcohol and Other Drug Abuse Professionals (Peer Collaboration). Trudy Mott-Smith of the Department of Administrative Services and Robert Kelley, Board Chair, testified for the Board.
Rep. Patten moved that the Committee approve Final Proposal 2008-151.
Rep. Gottling seconded.
Adopted.
15. The Committee discussed Proposed Interim Rule INT 2008-42 from the Midwifery Council (Eligibility and Application Procedures for Initial Certification; Fee Table). Trudy Mott-Smith of the Department of Administrative Services testified for the Council.
Sen. Fuller Clark moved that the Committee approve Proposed Interim Rule INT 2008-42.
Rep. Schmidt seconded.
Adopted.
16. The Committee discussed Final Proposal 2008-160 from the Department of Resources and Economic Development (Rules for the Grant-in-Aid Program). Leanne Lavoie and Christopher Gamache testified for the Department.
Rep. Schmidt moved that the Committee approve Final Proposal 2008-160.
Rep. Gottling seconded.
Adopted.
17. The Committee briefly discussed Final Proposal 2008-193 from the Board of Registration of Funeral Directors and Embalmers (Fee Schedule and Continuing Education Requirements) and Proposed Interim Rule 2008-41 from the Public Utilities Commission (Greenhouse Gas Emissions Reduction Fund). Since agency representatives were not yet present, the Committee discussed the next item.
18. After a break with Reps. Pilotte, Patten, Schmidt, Gottling, and Boyce, and Sens. Fuller Clark, Merrill, and Denley present, the Committee discussed Final Proposal 2008-194 from the Department of Environmental Services (Water Quality and Quantity Programs, Shoreland Protection Amendments). Gretchen Hamel and Rene Pelletier testified for the Department after the public testimony.
Sen. Letourneau returned to the meeting during the discussion of this item.
The following members of the public testified:
Gregg Grigsby, representing the N.H.
Shorefront Association.
Timothy Bernier, representing the
N.H. Land Surveyors Association.
Barbara P. Aichinger, representing
the N.H. Shoreland Guardians.
Peter
Rice, representing the N.H. Shoreline Coalition.
Paul
Montrone, representing the N.H. Shoreline Coalition.
Tom
Thomson, representing the N.H. Shoreline Coalition and Thomson Family Tree
Farm.
David Collier, representing the N.H.
Land Surveyors Association.
Rep. Schmidt moved that the Committee approve Final Proposal 2008-194.
Rep. Boyce seconded.
It was the consensus of the Committee that it was understood the Department would have ongoing discussions with stakeholders about potential rule changes in the coming years.
A roll call vote was called. The vote was as follows:
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|
Yes |
No |
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Rep. Pilotte |
X |
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Rep. Schmidt |
X |
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Rep. Patten |
X |
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Rep. Gottling |
X |
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Rep. Boyce |
X |
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Sen. Fuller Clark |
X |
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Sen. Merrill |
X |
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Sen. Letourneau |
X |
|
|
Sen. Denley |
|
X |
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Total |
8 |
1 |
The vote was 8 “yes” and 1 “no”. The motion was adopted.
Sen. Fuller Clark and Sen. Letourneau left
the meeting at this time.
19. The Committee discussed Proposed Interim Rule
INT 2008-41 from the Public Utilities Commission (Greenhouse Gas Emissions
Reduction Fund). Anne Ross represented
the Commission.
Written testimony dated November 14,
2008 to the Commission had been submitted prior to the meeting from James
Monahan of the DuPont Group, representing the N.H. Retail Merchants Association
of N.H.
Rep. Patten moved that the Committee
approve Proposed Interim Rule INT 2008-41, with the understanding that the
Commission would address in the regular rulemaking proceeding the issues
outlined in the annotations to the Proposed Interim Rule by Committee staff.
Rep. Schmidt seconded.
Adopted.
20. The Committee discussed Proposed Interim Rule
INT 2008-43 from the Public Utilities Commission (Net Metering for
Customer-Owned Renewable Energy Generation Resources).
Sen. Fuller Clark returned to the
meeting during the discussion of this item.
Rep. Patten moved that the Committee
approve Proposed Interim Rule INT 2008-43 with the understanding that the Commission
would address in the regular rulemaking proceeding the issues outlined in the
annotations to the Proposed Interim Rule by Committee staff.
Rep. Schmidt seconded.
Adopted.
21. The Committee discussed Final Proposal
2008-193 from the Board of Registration of Funeral Directors and Embalmers (Fee
Schedule and Continuing Education Requirements). Sue Symonds, Board Chair, represented the
Board.
Sen. Fuller Clark left the meeting
during the discussion of this item.
The Board had submitted a conditional
approval request as an amended rule dated December 17, 2008.
Rep. Gottling moved that the Committee
conditionally approve Final Proposal 2008-193 as requested, with additional
amendments to Frl 403.10(a) by deleting the words “a sponsor for” and inserting
the words “by a sponsor” after the words “completed application”.
Rep. Patten seconded.
Adopted.
22. Rep. Schmidt moved that the Committee recess.
Rep. Patten seconded.
Adopted.
The Committee recessed at 1:50 p.m.