JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
JULY 17, 2008
Members Present: Representatives Pilotte, Patten, MacKay, Schmidt, Powers, Millham*,
and Boyce*, and Senators Fuller Clark, Cilley, DeVries, and Downing. (*) Indicates
alternate member.
(**) 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 #12 below. However, that item was approved.)
1. The
Committee was convened at 9:09 a.m.
by Rep. Pilotte as Chair.
Members present at this time, aside from Rep. Pilotte were Reps. Patten, MacKay, Schmidt, Powers, Millham, and Boyce, and Sen. DeVries.
Rep. Pilotte appointed Reps. Millham and Boyce as alternates, respectively, for Sen. Letourneau and Sen. Downing, who were absent.
2. The Committee discussed the minutes of the Committee meeting on June 27, 2008.
Rep. MacKay moved that the minutes be approved.
Rep. Patten seconded.
Adopted.
3. The Committee discussed postponing certain items to another meeting.
The
Committee discussed Final Proposal 2008-72 from the Board of Registration in
Optometry (Out-of-State Contact Lens
Dispensers, Continuing Education for Optometrists, Standard of Conduct, and
Contact Lens Follow-up Care). This item
was on the Consent Agenda.
It was the consensus of the Committee that
Final Proposal 2008-72 be taken off the Consent Agenda and postponed to the
continued Committee meeting on July 31, 2008.
The Committee then discussed Final Proposal
2008-69 from the Department of Health and Human Services (Division of Elderly
and Adult Services, Targeted Case Management Services). This item was on the Regular Agenda for the
afternoon.
It was the consensus of the Committee that
Final Proposal 2008-69 be postponed to the regular Committee meeting on August
21, 2008.
Since the deadline for Committee action on
Final Proposal 2008-69 pursuant to RSA 541-A:13, I was August 18, 2008, Rep.
Schmidt moved that the Committee request the Director of the Office of
Legislative Services to waive the deadline.
Sen. DeVries seconded.
Sen. Downing arrived in the meeting at this
time, and therefore Rep. Boyce as an alternate was not a voting member at this
time.
The motion was adopted.
Rep. Pilotte appointed Rep. Boyce as an alternate for Sen. Estabrook.
4 The Committee discussed the following final
proposals and proposed interim rules from the agencies indicated (Consent
Agenda – Final Proposals and Proposed Interim Rules):
FP 2008-56 |
GOVERNING BOARD OF PHYSICAL THERAPISTS Requirements for Licensure |
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FP 2008-59 |
HEALTH
SERVICES PLANNING AND REVIEW BOARD Ambulatory Surgical Facilities |
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FP 2008-60 |
BOARD
FOR THE LICENSING AND REGULATION OF PLUMBERS Fees for Plumbing Inspections |
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FP 2008-74 |
ADULT PAROLE
BOARD Practice and Procedure Rules |
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FP
2008-77 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Revisions to He-W 400 and Expiring Rules
Related to Case Prioritization and Case Closure |
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FP 2008-78 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former Division of Human Services Expiring Rules Related to Four and Twelve
Month Extended Medical Assistance, and the Definition of ABAWD in the Food
Stamp Program |
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FP 2008-83 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner Certification for Payment Standards for
Child Care Services Providers |
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FP 2008-87 |
COLLEGE TUITION SAVINGS PLAN ADVISORY
COMMISSION |
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FP 2008-89 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Financial Assistance to Needy Families
Payment Standard Increase |
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INT 2008-24 |
FISH AND GAME DEPARTMENT Fish and Game Various Marine Rules |
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INT 2008-28 |
PUBLIC
UTILITIES COMMISSION Underground Utility Damage Prevention
Program |
Rep. Schmidt moved that the final proposals and proposed interim rules be approved.
Rep. Millham seconded.
Adopted.
5. The Committee discussed Final Proposal 2008-40 from the Pharmacy Board (Mail-Order Pharmacies). Peter Grasso and Paul Boisseau testified for the Board.
Sen. Fuller Clark arrived during the discussion of this item.
Rep. Pilotte appointed Rep. Boyce as an alternate for Sen. Cilley, who was absent, instead of for Sen. Estabrook, who is also an alternate.
After further discussion, Sen. Cilley then arrived at the meeting. Rep. Boyce at this time therefore was not a voting member.
Stuart Trachy, representing the N.H. Coalition of Chain Drug Stores, also testified.
Curtis J. Barry, representing Medco Health Solutions, testified briefly.
Rep. Schmidt moved that the Committee make a preliminary objection to Final Proposal 2008-40 on the grounds as outlined in Committee staff annotations in the Final Proposal to Ph 905.01(a) and Ph 907.01(i)(1), and with the recommendation that the Board seek legislative authority for the registration expiration date for mail-order pharmacies in Ph 906.01 and Ph 906.03(c), and for the late fee in Ph 906.03(c).
Rep. Patten seconded.
Adopted.
6. The Committee discussed Final Proposal 2008-61 from the Department of Labor (Managed Care Rules). Kathryn Barger and Martin Jenkins testified for the Department.
Sens.
Fuller
Rep. Patten moved that the Committee approve Final Proposal 2008-61.
Rep. MacKay seconded.
Adopted.
Rep. MacKay left the meeting at this time.
7. The Committee discussed Proposed Interim Rule INT 2008-22 from the Board of Barbering, Cosmetology, and Esthetics (Violation Points and Administrative Fine Procedures).
Rep. Patten moved that the Committee approve Proposed Interim Rule INT 2008-22.
Rep. Powers seconded.
Adopted.
8. The Committee discussed Proposed Interim Rule INT 2008-23 from the Fire Standards and Training Commission (Interim Fire Standards and Training Commission Rules). Marta Modigliani of the Department of Safety testified for the Commission.
Rep. MacKay had returned to the meeting by this time.
Rep. Patten moved that the Committee approve Proposed Interim Rule INT 2008-23.
Rep. Powers seconded.
Sen. Cilley returned to the meeting at this time. Rep. Pilotte therefore appointed Rep. Boyce
as an alternate for Sen. DeVries, who was absent.
The motion was adopted.
9. The Committee discussed postponement of
further items to another meeting.
Rep. MacKay moved that the Committee
postpone action on the following items to the continued Committee meeting on
July 31, 2008:
16. FP 2008-58 |
HEALTH
SERVICES PLANNING AND REVIEW BOARD Magnetic Resonance Imaging Scanners (MRI) (JLCAR
Deadline August 18, 2008. Former
regular rules expired May 10, 2008.) |
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18. DEPARTMENT
OF HEALTH AND HUMAN SERVICES |
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(a) INT 2008-27 |
Former Division of Human Services Expanded Health Care Coverage for Certain
Low-Income Children (JLCAR
Deadline October 1, 2008. Implements
federal directive that requires rules to be effective on August 17, 2008.) |
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(b) FP 2008-68 |
Former Division of Human Services Undue Hardship (JLCAR
Deadline August 11, 2008.) |
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(d) FP 2008-81 |
Commissioner Certification for Payment Standards for
Foster Care Services (JLCAR
Deadline August 18, 2008.) |
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(e) FP 2008-82 |
Commissioner Certification for Payment Standards for
Medical/Dental Service Providers (JLCAR
Deadline August 18, 2008.) |
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(f) FP 2008-84 |
Former Division of Public Health Services Community Residences at the Residential
Care and Supported Residential Care Level (JLCAR
Deadline August 18, 2008.) |
Rep. Patten seconded.
Adopted
10. The Committee discussed Final Proposal 2008-75 from the Adult Parole Board (Rules of the Adult Parole Board). John Eckert testified for the Board.
On behalf of the Board, Mr. Eckert requested a conditional approval to delete the words “either in person, via teleconference, or in combination of the two” from Par 303.03.
Sen. Downing moved that the Committee conditionally approve Final Proposal 2008-75 as requested.
Rep. Patten seconded.
Adopted.
11. The Committee discussed Proposed Interim Rule INT 2008-25 from the Department of Environmental Services (Division of Waste Management, Hazardous Waste Management Interim Rules). Gretchen Hamel testified for the Department.
Rep. Powers moved that the Committee approve Proposed Interim Rule INT 2008-25.
Rep. MacKay seconded.
Adopted.
**12. The
Committee discussed Final Proposal 2008-71 from the Department of Environmental
Services (Oil Remediation Programs,
Contaminated Site Management Amendments). Gretchen Hamel testified for the Department.
Rep. Schmidt moved that the Committee approve Final Proposal 2008-71.
Sen. Downing seconded.
Adopted.
13. The Committee discussed Proposed Expedited Repeal EXP 2008-1 from the Department of Environmental Services (Air Related Programs, Oxygen-Flexible Reformulated Gasoline - Repeal). Gretchen Hamel testified for the Department.
Rep. Patten moved that the Committee approve Proposed Expedited Repeal EXP 2008-1.
Rep. Boyce seconded.
Adopted.
14. After a break, with Reps. Pilotte, Patten, MacKay, Powers, Millham, and Boyce present, the Committee discussed Proposed Interim Rule INT 2008-26 from the Department of Health & Human Services (Commissioner, Child Care Provider Payment Rates). Byry Kennedy and Dr. Ellen Wheatley testified for the Department.
Sen. Cilley, Rep. Schmidt, and Sen. Downing returned to the meeting during the discussion of this item.
Sen. Cilley moved that the Committee approve Proposed Interim Rule INT 2008-26.
Rep. Patten seconded.
Adopted.
15. The Committee discussed Final Proposal 2008-90 from the Department of Health and Human Services (Former Division of Public Health Services, Lead Poisoning Prevention and Control Rules). Kathryn Frey and Laura Vincent Ford testified for the Department.
Sen. Downing left the meeting during the
discussion of this item, and Sen. DeVries returned to the meeting.
Sen. DeVries moved that the Committee approve Final Proposal 2008-90.
Rep. MacKay seconded.
Adopted.
Rep. Boyce was not voting because Sen. DeVries was present at that time.
Sens. Cilley and DeVries left the meeting after the vote was taken. Rep. Boyce was now a voting member again.
16. The Committee discussed an Emergency Rule from the Board of Licensing for Alcohol and Other Drug Abuse Counselors (Peer Collaboration). Trudy Mott-Smith from the Department of Administrative Services testified for the Board.
It was the consensus of the Committee to take no further action.
17. The Committee discussed Final Proposal 2008-73 from the Department of Safety (Rental Agent Rules). Marta Modigliani testified for the Department.
Rep. Patten moved that the Committee approve Final Proposal 2008-73.
Rep. Powers seconded.
Adopted.
18. The Committee discussed amendments to Committee rules regarding reconsideration.
Rep. Patten moved that the Committee amend its rules as outlined in the Committee staff memo dated April 28, 2008, including a procedure for requesting waivers of Committee deadlines under RSA 541-A pursuant to RSA 541-A:40, IV.
Rep. MacKay seconded.
A roll call vote was called pursuant to
Committee Rule 102.08. The vote was as
follows:
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YES |
NO |
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Rep. Schmidt |
X |
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Rep. Patten |
X |
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Rep. MacKay |
X |
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Rep. Boyce |
X |
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Rep. Powers |
X |
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Rep. Millham |
X |
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Rep. Pilotte |
X |
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TOTAL |
7 |
0 |
The vote was 7 “yes” and 0 “no”. The motion was adopted.
19. Rep. Patten moved that the Committee recess.
Rep. Schmidt seconded.
Adopted.
The Committee recessed at 1:16 p.m.,
effectively postponing the following items to the continued Committee meeting
on July 31, 2008:
19. Remaining
Responses to Preliminary Objections Made in June 20, 2008 Meeting But Not Yet
Received by Committee Staff: |
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(a) OR 2007-220 |
Liquor Commission License Information Requirements (JLCAR
Deadline September 23, 2008.) |
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20. Remaining
Responses to Preliminary Objections Made in June 27, 2008 Meeting But Not Yet
Received by Committee Staff: |
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(a) OR 2007-221 |
BOARD
OF EDUCATION Modern
Language, (JLCAR Deadline
September 30, 2008) |
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(b) OR 2008-37 |
DEPARTMENT
OF AGRICULTURE, MARKETS, AND FOOD Nursery
and Nursery Stock (JLCAR
Deadline September 30, 2008) |
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OTHER BUSINESS |
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21. Other |
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