JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

Action Minutes

 

FEBRUARY 16, 2007

 

 

Members Present:   Representatives Pilotte, Schmidt, Mitchell, Powers*, and Casey*, and Senators Letourneau, Cilley, and DeVries.  (*)  Indicates alternate members.

 

(**)  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 #6.  However, that item was approved.)

 

1.  The meeting was convened at 9:04 a.m. by Rep. Pilotte as Chair.

 

     Members present at this time, aside from Rep. Pilotte, were Reps. Schmidt, Mitchell, and Powers, and Sens. Letourneau, Cilley, and DeVries.

 

2.  The Committee discussed the minutes of the Committee meeting on February 2, 2007.

 

     Sen. Letourneau moved that the Committee approve the minutes.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

     Rep. Pilotte appointed Rep. Powers as an alternate for Rep. MacKay, who was absent.

 

3.  The Committee discussed the following final proposals (Consent Agenda – Final Proposals):

 

FP 2006-107

MIDWIFERY COUNCIL

Complaints of Misconduct, Settlements and Explanation of Adopted Rules

 

 

FP 2006-108

MIDWIFERY COUNCIL

Continued Status

 

 

FP 2006-110

MIDWIFERY COUNCIL

Procedural Rules

 

 

FP 2006-129

BOARD OF EDUCATION

Assistant Superintendent and Curriculum Administrator

 

 

FP 2006-143

BOARD OF DENTAL EXAMINERS

Licensing Requirements; Dental Assistants and Hygienists Duties; Ethical Duties; With Amendments to the Application for Dental Licensure and Various Housekeeping Amendments

 

 

FP 2006-162

BOARD OF EDUCATION

Educational Interpreter/Transliterator

 

 

FP 2006-171

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Livestock Dealer Licensing and Slaughter of Cervidae and Bison

 

 

FP 2006-175

INSURANCE DEPARTMENT

Automobile Insurance

 

 

FP 2006-182

CURRENT USE BOARD

Criteria for Current Use

 

 

FP 2006-183

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Community Mental Health Regions

 

 

FP 2006-192

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Food Stamp Rules

 

 

     The Committee discussed Final Proposal 2006-107 from the Midwifery Council with Trudy Mott-Smith of the Department of Administrative Services, who testified for the Council.

 

     Rep. Schmidt moved that the Committee approve the final proposals.

 

     Sen. Cilley seconded.

 

     Adopted.

 

4.  The Committee discussed postponement of certain items to the next Committee meeting.

 

     Rep. Mitchell moved that the Committee postpone action on the following items to the continued Committee meeting on March 2:

 

8.      DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2006-161

Commissioner

Adoption Subsidies

(JLCAR Deadline March 5, 2007.  Former regular rules expired September 30, 1999.)

 

 

(b)  FP 2006-190

Commissioner

Rules of Practice and Procedure

(JLCAR Deadline March 19, 2007.)

 

 

(c)  FP 2006-191

Former Division of Mental Health and Developmental Services

Community Mental Health Services

(JLCAR Deadline March 19, 2007.)

 

 

(d)  FP 2006-195

Former Division of Public Health Services

Catastrophic Illness Program

(JLCAR Deadline March 19, 2007.  Former regular rules expired June 26, 1995.)

 

 

9.      FP 2006-111

DEPARTMENT OF ENVIRONMENTAL SERVICES

 

Water Quality and Quantity Programs

Sludge Management Rules

(JLCAR Deadline March 5, 2007.  Existing regular rules expire March 26, 2007.)

 

 

11.    FP 2006-184

DEPARTMENT OF ENVIRONMENTAL SERVICES

Commissioner

Rules of Practice and Procedure

(JLCAR Deadline March 19, 2007.  Existing regular rules expire March 25, 2007.)

 

 

12.    DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2006-167

Former Division of Public Health Services

Rules for the Sanitary Production and Distribution of Food - Homestead Amendments

(JLCAR Deadline March 19, 2007.)

 

 

(b)  FP 2006-193

Former Division of Public Health Services

Laboratories and Laboratory Services

(JLCAR Deadline March 19, 2007.)

 

 

(c)  FP 2006-194

Former Division of Public Health Services

Collection Station Rules

(JLCAR Deadline March 19, 2007.)

 

 

13.    Remaining Responses to Preliminary Objections made in January 5, 2007 Meeting But Not Yet Received or Not Yet Reviewed by Committee Staff.

 

(a)  OR 2006-134

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Durable Medical Equipment, Prosthetic and Orthotic Devices, and Medical Supplies

(JLCAR Deadline April 20, 2007.  Former regular rules expired December 29, 2003.)

 

 

(b)  OR 2006-150

BOARD OF MEDICINE

Rules Regarding Practice and Procedures for Physicians Licensed in New Hampshire

(JLCAR Deadline April 20, 2007.  Existing interim rules expired
December 13, 2006.)

 

 

14.    Remaining Responses to Preliminary Objections made in February 2, 2007 Meeting But Not Yet Received by Committee Staff.

 

 

(a)  OR 2006-81

BOARD OF NURSING

Licensing Requirements; Continued Status; Ethical Standards; Education; Nursing Assistants; Certificate of Medication Administration for Licensed Nursing Assistants and Medication Administration Education Program

(JLCAR Deadline May 8, 2007.  Former interim rules expired December 21, 2006.)

 

 

 

     Sen. Letourneau seconded.

 

     Adopted.

 

5.  The Committee discussed Final Proposal 2006-163 from the Insurance Department (Credit for Reinsurance).  Thomas Burke testified for the Department.

 

     The Committee moved on to the next item without taking action at this time.

 

        Rep. Casey arrived during the discussion of this item.

 

**6.    The Committee discussed Proposed Interim Rule INT 2007-2 from the Department of Environmental Services (Division of Water, Groundwater Discharge Permits and Registrations).  Gretchen Hamel testified for the Department.

 

           Rep. Pilotte appointed Rep. Casey as an alternate for Sen. Fuller Clark, who was absent.

 

           Rep. Schmidt left the meeting during the discussion of this item.

 

     Rep. Powers moved that the Committee approve Proposed Interim Rule INT 2007-2.

 

     Sen. Letourneau seconded.

 

     Adopted.

 

7.  The Committee discussed again Final Proposal 2006-163 from the Insurance Department (Credit for Reinsurance).  Deborah O’Loughlin and Thomas Burke testified for the Department.

 

     Sen. DeVries moved that the Committee approve Final Proposal 2006-163.

 

     Sen. Cilley seconded.

 

     Adopted.

 

8.   The Committee discussed Final Proposal 2006-170 from the Insurance Department (Confidentiality of HIV Tests).  Deborah O’Loughlin testified for the Department.

 

      Rep. Powers left the meeting during the discussion of this item.

 

      Sen. DeVries moved that the Committee approve Final Proposal 2006-170.

 

      Rep. Casey seconded.

 

      Adopted.  Rep. Pilotte noted for the record that Sen. Letourneau voted “no”.

 

9.   Rep. Casey moved that the Committee adjourn.

 

      After further discussion, Rep. Casey withdrew her motion and moved that the Committee recess to its meeting on March 2.

 

      Sen. DeVries seconded.

 

      Adopted.

 

      The Committee recessed at 10:00 a.m.