JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

Action Minutes

 

JUNE 1, 2007

 

 

Members Present:   Representatives Pilotte, Patten, MacKay, Schmidt, and Millham*, and Senators Fuller Clark, Cilley, DeVries, and Bragdon*.  (*)  Indicates alternate member.

 

(**)  Indicates where 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 Committee was convened at 9:06 a.m. by Rep. Pilotte as Chair.

 

     Members present at this time, aside from Rep. Pilotte, were Reps. Patten, MacKay, Schmidt, and Millham, and Sen. Bragdon.

 

     Rep. Pilotte appointed Sen. Bragdon and Rep. Millham as alternates, respectively, for Sen. Downing and Rep. Mitchell, who were absent.

 

2.  The Committee discussed the minutes of the Committee meeting on May 18, 2007.

 

     Rep. Patten moved that the minutes be approved.

 

     Rep. Millham seconded.

 

     Adopted.

 

3.  The Committee discussed whether to postpone action on action items to another meeting.

 

     Rep. Schmidt moved that the Committee postpone action on the following items to the Committee meeting on June 15, 2007:

 

19. OR 2006-197

BOARD OF MEDICINE

Rules Regarding Physicians Licensed or Applying for a License in New Hampshire

(JLCAR Deadline July 24, 2007.  Most expired as interim rules December 13, 2006.)

 

 

20. ROR 2006-150

BOARD OF MEDICINE

Rules Regarding Practice and Procedures for Physicians Licensed in New Hampshire

(JLCAR Deadline July 24, 2007.  Existing interim rules expired December 13, 2006.)

 

     Rep. Patten seconded.

 

     Adopted.

 

     It was the consensus of the Committee that these rules would be the second item on the regular agenda for the meeting on June 15, 2007.

 

4.  The Committee discussed Final Proposal 2006-168 from the Insurance Department (Claim Settlement).  Deborah O’Loughlin and David Withers testified for the Department.

 

     Senators Cilley and DeVries arrived during the discussion of this item.

 

     The Department requested a conditional approval in a letter and attached rule dated June 1, 2007.

 

     Rep. Schmidt moved that the Committee conditionally approve Final Proposal 2006-168.

 

     Rep. Patten seconded.

 

     Adopted.

 

5.  The Committee discussed Final Proposal 2006-169 from the Insurance Department (Standards for Safeguarding Customer Information).  Deborah O’Loughlin and David Withers testified for the Department.

 

     The Department submitted a request for conditional approval in a letter and attached rule dated June 1, 2007.

 

     Rep. Patten moved that the Committee conditionally approve Final Proposal 2006-169 as requested.

 

     Sen. De Vries seconded.

 

     Adopted

 

6.  The Committee discussed Final Proposal 2007-25 from the Fish and Game Department (Fish and Game Rules on the Importation, Possession, and Use of All Wildlife; Non-Game Rule Relative to Reptiles).  Sandra Falicon and Bruce Bonenfant testified for the Department.

 

     The following persons also testified:

 

            Kenneth Kreis.

            Henry Ahern, representing Bonnie Brae Farms.

 

      The Department had requested a conditional approval in an amended rule dated May 18, 2007.

 

      Sen. Fuller Clark moved that the Committee (1) conditionally approve Final Proposal 2007-25 as requested, and to amend Fis 808.02 (c) to insert “Upon notification to the department” at the beginning of the sentence, and delete Fis 802.04, and (2) recommend that the Department seek legislation to clarify its authority to issue multiple aquaculture licenses.

 

      Sen. Bragdon seconded.

 

      Adopted.

 

7.  The Committee discussed Final Proposal 2007-33 from the Pari-Mutuel Commission (Duties of Licensees).  Paul M. Kelley and Sheri Eldridge testified for the Commission.

 

     The Commission requested a conditional approval in a letter and attached, amended rule dated May 30, 2007 and made a further oral request to insert “immediately” in place of “pursuant to Pari 200” in Pari 502.21.

 

     Rep. MacKay moved that the Committee conditionally approve Final Proposal 2007-33 as requested, with the understanding of a further editorial change to insert “under Pari 200” at the end of Pari 502.21.

 

     Sen. Fuller Clark seconded.

 

     Adopted.

 

8.  After a break, with Reps. Pilotte, MacKay, Schmidt, and Millham, and Sens. Fuller Clark and Bragdon present, the Committee discussed postponing additional items.

 

     Rep. Schmidt moved that the Committee postpone action on the following items to the Committee meeting on June 15, 2007:

 

17. FP 2007-27

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Livestock Dealer Licensing and Slaughter of Cervidae and Bison

(JLCAR Deadline June 18, 2007.)

 

 

18. FP 2007-30

DEPARTMENT OF REVENUE ADMINISTRATION

Forms

(JLCAR Deadline June 18, 2007.)

 

     Rep. MacKay seconded.

 

     Adopted.

 

9.  The Committee discussed Final Proposal 2007-13 from the Department of Health and Human Services (Former Division of Human Services, Institutional Residence, Special Medical Assistance Groups, and Standard of Need).  Lisabritt Solsky and Dawn Landry testified for the Department.

 

     Senators Cilley and DeVries returned to the meeting during the discussion of this item.

 

     Sen. Bragdon moved that the Committee approve Final Proposal 2007-13.

 

     Rep. MacKay seconded.

 

     Adopted.

 

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

 

10.  The Committee discussed Final Proposal 2007-19 from the Board of Directors, Office of Licensed Allied Health Professionals (Fees Charged by the Governing Boards).  Trudy Mott-Smith from the Department of Administrative Services testified for the Board.

 

      The Board had submitted an offer of a conditional approval in a memo received May 14, 2007, as also indicated in an amended rule submitted by Trudy Mott-Smith dated May 18, 2007.

 

      Sen. Fuller Clark moved that the Committee conditionally approve Final Proposal 2007-19 to lower the fee from $25.00 to $20.00 in Ahp 301.02 for a list of licensees by e-mail.

 

      Sen. DeVries seconded.

 

      After further discussion, Sen. Fuller Clark withdrew her motion and Sen. DeVries withdrew her second. 

 

      Sen. Fuller Clark moved that the Committee (1) make a preliminary objection to Final Proposal 2007-19 on the ground that the fee increases in Ahp 301.02 were contrary to legislative intent by being inconsistent with RSA 328-F:15, II, because the Committee did not have information to show that the proposed fees, as required by statute, were sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the Board and the Governing Boards for the previous fiscal year, and (2) recommend that the Board provide such information in its response to the objection.

 

      Sen. Bragdon seconded.

 

      Adopted. 

 

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

 

11.  The Committee discussed Final Proposal 2006-172 from the Department of Labor (Department of Labor and Appeals Hearings – Rules of Practice).  Kathryn Barger, David Wihby, and Peter Caron testified for the Department.

 

      The N.H. Trial Lawyers Association had, prior to the meeting, submitted written testimony dated May 29, 2007.

 

      Sen. Bragdon moved that the Committee conditionally approve Final Proposal 2006-172 on the condition that the Department (1) insert “, rehearing” after the word “reconsideration” in Lab 204.09 (c); (2) insert “no later than 2 working days” after the word “submissions” in Lab 204.07 (b); (3) amend Lab 205.09 by inserting a new paragraph (d), to include the second sentence of Lab 205.09 (c), and duplicating the second sentence of Lab 204.07 (b), so Lab 205.09 (d) would read: “All medical evidence shall be furnished to the opposing parties 5 working days before the hearing date.  Parties who are introducing non-medical evidence shall make all other parties aware of such evidence and submissions no later than 2 working days prior to the scheduled hearing.”; and (4) editorially renumber the existing Lab 205.09 (d)–(j) as (e)–(k).

 

      Rep. Millham seconded.

 

      Adopted.

 

12.  The Committee discussed Final Proposal 2007-29 from the Department of Health and Human Services (Former Division of Public Health Services, Birthing Center Rules).  Michele Beasley represented the Department.

 

      Sen. Fuller Clark moved that the Committee make a preliminary objection to Final Proposal 2007-29 on the grounds as outlined in the annotations to the final proposal by Administrative Rules Director Eaton.

 

      Rep. Schmidt seconded.

 

      Adopted.

 

13.  The Committee discussed Final Proposal 2007-40 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Nursing Facility Preadmission Screening and Annual Resident Review (PASARR)).  Michele Beasley, Ken Nielsen, and Matthew Ertas testified for the Department.

 

      Sen. Fuller Clark left during the discussion of this item.

 

      The following persons also testified:

 

            Carol Stamatakis, representing the N.H. Council on Developmental Disabilities.

            Michelle Winchester, representing the Institute for Health, Law and

      Ethics of the Franklin Pierce Law Center.

            Amy Messer, representing the Disabilities Rights Center.

 

      Sen. DeVries moved that the Committee make a preliminary objection to Final Proposal 2007-40 on the grounds as outlined in public testimony, including the rules definitions and He-M 1302.06 (a).

 

      Rep. Millham seconded.

 

      Adopted.

 

14.  Sen. Cilley moved that the Committee adjourn.

 

      Sen. DeVries seconded.

 

      Adopted.

 

      The Committee adjourned at 1:25 p.m., effectively postponing the following items to the meeting on June 15:

 

21. Remaining Responses to Preliminary Objections made in May 4, 2007 Meeting But Not Yet Received by Committee Staff.

 

 

(a)  OR 2007-1

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Lead Poisoning Prevention and Control Rules

(JLCAR Deadline August 7, 2007.)

 

 

OTHER BUSINESS

 

22. Other