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 |
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FP 2006-108 |
MIDWIFERY COUNCIL Continued Status |
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FP 2006-110 |
MIDWIFERY COUNCIL Procedural Rules |
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FP 2006-129 |
BOARD OF EDUCATION Assistant Superintendent and Curriculum Administrator |
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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 |
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FP 2006-162 |
BOARD OF EDUCATION Educational Interpreter/Transliterator |
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FP 2006-171 |
DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD Livestock Dealer Licensing and Slaughter of Cervidae and Bison |
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FP 2006-175 |
INSURANCE
DEPARTMENT Automobile
Insurance |
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FP 2006-182 |
CURRENT USE BOARD Criteria for Current Use |
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FP 2006-183 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and Developmental Services Community
Mental Health Regions |
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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 |
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(a) FP 2006-161 |
Commissioner Adoption
Subsidies (JLCAR Deadline March
5, 2007.
Former regular rules expired September 30, 1999.) |
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(b) FP 2006-190 |
Commissioner Rules
of Practice and Procedure (JLCAR
Deadline March 19, 2007.) |
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(c) FP 2006-191 |
Former
Division of Mental Health and Developmental Services Community
Mental Health Services (JLCAR Deadline March 19, 2007.) |
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(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.) |
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9. FP 2006-111 |
DEPARTMENT
OF ENVIRONMENTAL SERVICES |
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Water
Quality and Quantity Programs Sludge
Management Rules (JLCAR Deadline March 5, 2007. Existing regular rules expire March 26,
2007.) |
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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.) |
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12. DEPARTMENT OF HEALTH AND HUMAN
SERVICES |
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(a) FP
2006-167 |
Former
Division of Public Health Services Rules
for the Sanitary Production and Distribution of Food - (JLCAR Deadline March 19, 2007.) |
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(b) FP
2006-193 |
Former
Division of Public Health Services Laboratories
and Laboratory Services (JLCAR Deadline March 19, 2007.) |
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(c) FP
2006-194 |
Former
Division of Public Health Services Collection
Station Rules (JLCAR Deadline March 19, 2007.) |
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13. Remaining
Responses to Preliminary Objections made in January 5, 2007 Meeting But Not
Yet Received or Not Yet Reviewed by Committee Staff. |
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(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.) |
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(b)
OR 2006-150 |
BOARD OF MEDICINE Rules Regarding Practice and
Procedures for Physicians Licensed in (JLCAR
Deadline April 20, 2007. Existing
interim rules expired |
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14. Remaining
Responses to Preliminary Objections made in February 2, 2007 Meeting But Not
Yet Received by Committee Staff. |
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(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.) |
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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.