JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
FEBRUARY 4, 2011
Members Present: Representatives Patten,
Pilotte, McGuire, Schmidt, Manuse, Kidder*, Sad*, Tremblay*, and Winter*, and
Senators Groen and Kelly. (*) Indicates alternate members.
(**)
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 9:03 a.m. by Rep. Patten as Chair.
Members present at this time, aside from Rep. Patten, were Reps. Pilotte, Sad, Tremblay, and Winter, and Sens. Groen and Kelly.
Rep. Patten designated Reps. Sad, Tremblay, and Winter as alternates, respectively, for Reps. Schmidt, McGuire, and Manuse, who were absent.
Rep. McGuire arrived at this time. Rep. Patten designated Rep. Tremblay as an alternate for Sen. De Blois, who was absent.
2. The Committee discussed the minutes of the Committee continued meeting on January 7, 2011 and the Committee’s training/orientation meeting on January 14, 2011.
Rep. Pilotte moved that the minutes be approved.
Sen. Groen seconded.
Adopted.
3. The Committee discussed amending the Committee meeting schedule for 2011 which had been voted at the meeting on January 7, 2011.
Rep. Sad moved that the continued meeting scheduled for Friday, June 24, 2011 be re-scheduled for Thursday, July 7, 2011.
Rep. Winter seconded.
Adopted.
4. The Committee discussed the following Final Proposals from the agencies indicated (Consent Agenda – Final Proposals):
|
|
FP 2010-90 |
GOVERNING BOARD OF ATHLETIC TRAINERS Clarification of Physician and Definition
of Direction of a Physician |
|
|
FP 2010-103 |
BOARD OF ARCHITECTS Rules Regarding the Definition of "Architect Retired" (Automatically approved after
January 21, 2011.) |
|
|
FP 2010-104 |
BOARD OF ARCHITECTS Rules Regarding the Fee for Retired Status, Licensed Architect Seal/Stamp and Reinstatement (Automatically approved after January 21, 2011.) |
|
|
FP 2010-116 |
GOVERNING BOARD OF OCCUPATIONAL THERAPISTS Code of Ethics |
|
|
FP 2010-122 |
RACING AND CHARITABLE GAMING COMMISSION Submission, Review and Approval of Games of Chance Procedures |
|
|
FP 2010-131 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and Developmental Services Rights Protection Procedures for Developmental Services |
|
|
FP 2010-136 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Air Related Programs Federal Standards Annual Update |
|
|
FP 2010-137 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Air Related Programs Regulated Toxic Air Pollutants |
|
|
FP 2010-138 |
GOVERNING
BOARD OF SPEECH LANGUAGE PATHOLOGISTS Reinstatement
of Licensure |
|
|
FP 2010-139 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Division of Water Control of Lead and Copper - Repeal |
|
|
FP 2010-140 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Drinking Water Programs Control of Lead and Copper |
|
|
FP 2010-141 |
FISH AND GAME DEPARTMENT Clarification to Certain Furbearer Rules; Amend Lists Relative to
Importation and Possession of Certain Wildlife; and Readopting Wildlife
Rehabilitation Rules |
|
|
|
|
FP 2010-144 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Medical
Assistance for Children with Severe Disabilities |
|
|
FP 2010-145 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Medical Services Clinics |
|
|
FP 2010-109 |
GOVERNING
BOARD OF PHYSICAL THERAPISTS Jurisprudence
Examination |
|
|
FP 2010-110 |
GOVERNING
BOARD OF PHYSICAL THERAPISTS Ethical
Standards |
Rep. Schmidt arrived in the meeting during the discussion of this item. Rep. Patten appointed Rep. Sad as an alternate for Sen. Lambert, who was absent.
Rep. Pilotte moved that the Final Proposals be approved.
Rep. Winter seconded.
Adopted.
Rep. Manuse arrived at this time. Rep. Patten appointed Rep. Winter as an alternate for Sen. Merrill, who was absent.
5. The Committee discussed Final Proposal 2010-134 from the Department of Labor (Compensation Appeals Board Hearing Rules). Martin Jenkins, Department Counsel, and Pierre (Peter) Caron, Chairman of the Board, testified for the Department.
The Department had submitted a conditional approval request in an amended rule dated January 20, 2011.
Rep. Schmidt moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2010-134 based on the Request.
Rep. McGuire seconded.
Adopted.
6. The Committee discussed Final Proposal 2010-135 from the Department of Labor (Regulation of Third Party Administrators). Martin Jenkins, Department Counsel, testified for the Department.
The Department had submitted a conditional approval request in an amended rule dated January 20, 2011.
Rep. Kidder arrived during the discussion of this item but was not a voting member at this time.
The Committee took no action at this time but moved on to the next item so that Committee staff could discuss with Mr. Jenkins possible amendments to the conditional approval request.
7. The Committee discussed Proposed Interim Rule INT 2011-2 from the Department of Environmental Services (Air Related Programs, Prevention, Abatement and Control of Open Source Air Pollution). Karla McManus and Gretchen Hamel testified for the Department.
Rep. Pilotte moved that the Committee approve Proposed Interim Rule INT 2011-2.
Rep. Schmidt seconded.
Adopted.
8. The Committee resumed discussion of Final Proposal 2010-135 from the Department of Labor (Regulation of Third Party Administrators). Martin Jenkins testified for the Department.
Rep. Pilotte moved that the Committee accept the Department’s conditional approval request with further amendment to Lab 408.04(b) by inserting “or escrow account” after each reference to “surety bond”, and conditionally approve Final Proposal 2010-135 based on the request, as amended.
Rep. Schmidt seconded.
Adopted.
Rep. Winter left the meeting at this time. Rep. Patten appointed Rep. Kidder as an alternate for Sen. Merrill, who was absent.
9. The Committee discussed Proposed Interim Rule INT 2010-19 from the Department of Health and Human Services (Division of Elderly and Adult Services, Home and Community-Based Care for the Elderly and Chronically Ill (HCBC-ECI)). Michael Holt testified for the Department.
Rep. McGuire moved that the Committee approve Proposed Interim Rule INT 2010-19.
Rep. Manuse seconded.
Adopted.
10. The Committee discussed Proposed Interim Rule INT 2011-1 from the Department of Health and Human Services (Former Office of Alcohol and Drug Abuse Prevention, Access to Recovery Program). Michael Holt and Joseph Harding testified for the Department.
The Department had submitted a conditional approval request in a letter and amended rule dated January 20, 2011.
Sen. Kelly moved that the Committee accept the conditional approval request and conditionally approve Proposed Interim Rule INT 2011-1 based on the request.
Rep. Schmidt seconded.
Adopted.
11. The Committee discussed Final Proposal 2010-146 from the Department of Health and Human Services (Former Division of Human Services, Hospice Services – Waiver of Rights). Valerie Brown testified for the Department.
Rep. Pilotte moved that the Committee approve Final Proposal 2010-146.
Rep. Kidder seconded.
Adopted.
12. The Committee discussed Final Proposal 2010-150 from the Department of Health and Human Services (Former Division of Human Services, Service Limits – Caps and Exemptions). Michael Holt and Lisabritt Solsky testified for the Department.
Sen. Kelly left the meeting as the discussion began on this item.
The Department had submitted a conditional approval request in a letter and amended rule dated January 20, 2011.
Rep. Manuse moved that the Committee make a preliminary objection to Final Proposal 2010-150 on the grounds that He-W 530.03(c) and (e) were contrary to legislative intent by conflicting with the purpose of House Bill 1 from the 2010 Special Session.
Rep. Pilotte requested a roll call.
The roll call vote was as follows:
|
YES |
NO |
Rep. Tremblay |
X |
|
Rep. Sad |
X |
|
Rep. Manuse |
X |
|
Rep. McGuire |
X |
|
Rep. Schmidt |
X |
|
Rep. Pilotte |
|
X |
Rep. Kidder |
|
X |
Rep. Patten |
|
X |
|
|
|
Sen. Groen |
X |
|
|
|
|
TOTAL |
6 |
3 |
The vote was 6 “yes” and 3 “no”. The motion was adopted.
13. The Committee discussed the response by the Board of Medicine to the Committee’s preliminary objection to Final Proposal 2010-70 (Definitions and Access to Public Records, Practice and Procedures, Fees, Licensure Requirements, Renewal, Continuing Medical Education and Ongoing Requirements, and Ethical Standards for Physicians, Supervision of Physical Assistants, Initial and Renewal Procedures and Fees for Physician Assistants).
On January 7, 2011, the Committee had postponed action on this item to the continued Committee meeting on March 4, 2011. It was now the consensus of the Committee to place this item on the agenda for the regular Committee meeting on February 18, 2011.
The Committee discussed a Committee staff outline of the Committee staff’s annotations to the Final Proposal.
14. Rep McGuire moved that the Committee adjourn.
Rep. Schmidt seconded.
Adopted.
The Committee adjourned at 11:29 a.m.