JOINT LEGISLATIVE COMMITTEE ON
ADMINISTRATIVE RULES
Action Minutes
MAY 21, 2010
Members Present: Representatives Pilotte, Patten, Schmidt, Gottling, Millham,
Boyce*,
(**) 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 #5. However, that item was approved.)
1. The meeting was convened at 9:04 a.m. by Rep.
Pilotte as Vice-Chair.
Members present at this time, aside from
Rep. Pilotte were Reps. Patten, Millham, Gottling,
Rep. Schmidt arrived shortly after the
Committee convened.
Rep. Pilotte appointed Rep. Sad and Rep.
Taylor as alternates, respectively, for Sen. Cilley and Sen. Fuller Clark, who
were absent.
2. The
Committee discussed the minutes of the Committee meeting on May 7, 2010.
Rep.
Patten moved that the minutes be approved.
Rep.
Millham seconded.
Adopted.
Sen.
Carson arrived in the meeting at this time.
3. The
Committee discussed the following Final Proposal and Proposed Expedited Repeal
from the agencies indicated (Consent Agenda – Final Proposals and Proposed
Expedited Repeals):
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(a) FP 2010-19 |
DEPARTMENT OF
HEALTH AND HUMAN SERVICES Former
Division of Public Health Services Quality
Assurance in Physician Practices |
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(b) EXP 2010-1 |
N.H. LOTTERY
COMMISSION |
Rep.
Patten moved that the Committee approve the Final Proposal and Proposed
Expedited Repeal.
Rep.
Taylor seconded.
Adopted.
4. The Committee
discussed whether to postpone action on certain items to another meeting.
Rep.
Schmidt moved that the Committee postpone action on the following items to the
continued Committee meeting on June 4, 2010:
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13. DEPARTMENT OF HEALTH AND HUMAN SERVICES |
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(a) FP 2010-18 |
Former
Division of Human Services Hospice
Services (JLCAR Deadline June 21, 2010.) |
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(b) FP 2010-20 |
Former
Division of Public Health Services Ambulatory
Surgical Centers (JLCAR Deadline June 21, 2010.) |
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(c) FP 2010-21 |
Former
Division of Mental Health and Developmental Services Family
Supports and Services to Children and Young Adults with Chronic Health
Conditions (JLCAR Deadline June 21, 2010.) |
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15. Discussion
on amendments to Drafting and Procedure Manual for Administrative Rules. |
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16. Responses
to Preliminary Objections Made in November 19, 2009 Meeting But Not Yet
Received by Committee Staff: |
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(a) OR 2008-165 |
BOARD OF
MENTAL HEALTH PRACTICE Practice and
Procedure Rules (No JLCAR deadline, because agency's
objection response deadline was waived.) |
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(b) OR 2008-166 |
BOARD OF
MENTAL HEALTH PRACTICE Licensing Requirements,
Ethical and Professional Standards, Investigating Allegations, Disciplinary
Sanctions, Continuing Education Requirements for Licensees (No JLCAR deadline, because agency's
objection response deadline was waived.) |
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17. Responses
to Preliminary Objections Made in May 7, 2010 Meeting But Not Yet Received by
Committee Staff: |
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(a) OR 2009-130 |
DEPARTMENT OF
HEALTH AND HUMAN SERVICES Eligibility Determination
and Service Planning for Individuals With An Acquired Brain Disorder (JLCAR Deadline August 10, 2010.) |
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Rep.
Patten seconded.
Adopted.
**5. The
Committee discussed the response by the Department of Environmental Services to
the Committee’s preliminary objection on March 5, 2010 to Final Proposal
2009-108 (Amendments Relative to Stream Crossings). Gretchen Hamel testified for the Department.
Rep.
Boyce arrived as the discussion began on this item.
Rep.
Pilotte appointed Rep. Boyce as an alternate for Sen. Letourneau, who was
absent.
Rep.
Schmidt moved that the Committee accept the response and approve the rules.
Rep.
Taylor seconded.
On
a show of hands, the vote was 6 “yes” and 3 “no”. Rep. Pilotte noted for the record that Sen.
Carson, Rep. Boyce, and Rep. Patten voted “no”.
6. The
Committee discussed Final Proposal 2010-22 from the Board of Registration in
Optometry (Application Process, Character Qualifications, Examination
Requirements, Application for TPA Certification, Out-of-State Contact Lens
Dispenser Requirements, Expiration and Renewal of Licenses, Denial of Renewal,
Continuing Education Requirements, Procedures for Complaints and Disciplinary
Hearing, Ethical Standards, and the Effect of Inactive License on Disciplinary
Actions)
Rep.
Millham left the meeting as the discussion began on this item.
The
Committee took no action as the Board representative was not yet present.
7. The
Committee discussed amendments to the Drafting and Procedure Manual.
No
Committee action was taken at this item, although it was the consensus of the
Committee that the proposed amendments to the Manual would be more
thoroughly reviewed by the Committee, and proposed for agency comment, in the
summer to address changes in RSA 541-A this session and procedures on
electronic filing.
8. The
Committee discussed again Final Proposal 2010-22 from the Board of Registration
in Optometry. Penny Taylor testified for
the Board.
The
Board had previously submitted a request for conditional approval with an
amended rule dated April 30, 2010 and cover letter dated February 7, 2007
[sic].
Rep.
Patten moved that the Committee accept the conditional approval request with an
amendment to Opt 301.04(a)(3) to delete the words “or a professional society or
association”, and conditionally approve Final Proposal 2010-22 based on the
request, as amended.
Sen.
Carson seconded.
Adopted.
9. After
a break, with Reps. Pilotte, Paten, Schmidt, Gottling, Boyce,
Rep.
Patten moved that the Committee approve Final Proposal 2010-9 with the
recommendation that the Department in future rulemaking address the
Department’s requirements of NCQA and URAC accreditation instead of
incorporation by reference of the requirements and standards of the NCQA and
URAC as proposed in Ins 2701.07.
Sen.
Carson seconded.
Adopted.
10. The
Committee discussed Final Proposal 2010-8 from the Insurance Department
(Medical Utilization Review Rules).
Leslie Ludtke testified for the Department.
Rep.
Patten moved that the Committee approve Final Proposal 2010-8 with the
recommendation that the Department address in future rulemaking the
Department’s requirements of accredition by the NCQA and URAC instead of
incorporation by reference of the NCQA and URAC requirements and standards as
proposed in Ins 2001.07 (a)(17) and Ins 2001.17 (a) and (c).
Rep.
Boyce seconded.
Adopted.
11. The
Committee discussed Final Proposal 2010-11 from the Department of Safety
(Uniform Carrier Registration Rules). Marta Modigliani and Scott Bryer testified for
the Department.
Rep.
Patten moved that the Committee approve Final Proposal 2010-11 with the
understanding that the Committee would seek as a committee to amend RSA 21-P:4,
XIV(d) to clarify the authority of the Department whether rules must be adopted
under RSA 541-A relative to the Uniform Carrier Registration Agreement.
Sen.
Carson seconded.
Adopted.
12. After
a break, with Reps. Pilotte, Patten, Schmidt, Gottling, Boyce,
Sandra
Falicon testified relative to Final Proposal 2010-16.
No
Committee action was taken at this time.
13. The
Committee discussed Final Proposal 2009-187 from the Board of Education (Home
Education). Mary Mayo and Kathleen Murphy
from the Department of Education testified for the Board.
Mary
Faiella also testified.
Rep.
Patten moved that the Committee approve Final Proposal 2009-187 with the
understanding that the only editorial change to Ed 315.04 (a) would be to
replace the words “so advise” with “notify”.
Sen.
Carson seconded.
Adopted.
14. The
Committee discussed the response of the Board of Education to the Committee’s
preliminary objection to Final Proposal 2009-191 (Approval of Nonpublic
Schools). Mary Mayo and Kathleen Murphy
form the Department of Education testified for the Board.
The
Department on behalf of the Board had requested a revised objection on the
basis of Committee staff comments on pages 8, 11, and 13, excluding the comment
regarding an amended fiscal impact statement.
Rep.
Patten moved that the Committee make a revised objection to Final Proposal
2009-191 as requested.
Rep.
Boyce seconded.
Adopted.
15. The
Committee discussed Final Proposal 2010-16 from the Fish and Game Department
(Fish and Game 2010/2011 Wildlife Rules).
Sandra Falicon testified for the Department.
The
Department requested a conditional approval orally to amend Fis 301.033 (a) to
change the words “shall be considered if” to “shall be authorized only if”.
Eric
T. Rottenecker also testified.
Rep.
Patten moved that the Committee accept the conditional approval request and
conditionally approve Final Proposal 2010-16 based on the request.
Rep.
Boyce seconded.
Adopted.
16. The
Committee discussed again the response by the Liquor Commission to the
Committee’s preliminary objection to Final Proposal 2009-176 (Agency Store
Rules).
Rep.
Schmidt moved that this item be postponed to the continued meeting on June 4,
2010.
Rep.
Gottling seconded.
Adopted.
It
was also the consensus of the Committee that staff would check on whose
signatures in the Liquor Commission are valid now.
17. Rep.
Schmidt moved that the Committee recess.
Rep.
Taylor seconded.
The
motion was adopted, effectively postponing consideration of the following item
to the next Committee meeting:
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OTHER BUSINESS |
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18. Other |
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