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

 

 

FP 2008-59

HEALTH SERVICES PLANNING AND REVIEW BOARD

Ambulatory Surgical Facilities

 

 

FP 2008-60

BOARD FOR THE LICENSING AND REGULATION OF PLUMBERS

Fees for Plumbing Inspections

 

 

FP 2008-74

ADULT PAROLE BOARD

Practice and Procedure Rules

 

 

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

 

 

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

 

 

FP 2008-83

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Certification for Payment Standards for Child Care Services Providers

 

 

FP 2008-87

COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION

New Hampshire College Tuition Savings Plan Unique Annual Allocation Program

 

 

FP 2008-89

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Financial Assistance to Needy Families Payment Standard Increase

 

 

INT 2008-24

FISH AND GAME DEPARTMENT

Fish and Game Various Marine Rules

 

 

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 Clark, DeVries, and Cilley and Rep. Millham left during the discussion of this item.  Rep. Pilotte therefore appointed Rep. Boyce as an alternate for Sen. Cilley.

 

     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.)

 

 

18. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(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.)

 

 

(b)  FP 2008-68

Former Division of Human Services

Undue Hardship

(JLCAR Deadline August 11, 2008.)

 

 

(d)  FP 2008-81

Commissioner

Certification for Payment Standards for Foster Care Services

(JLCAR Deadline August 18, 2008.)

 

 

(e)  FP 2008-82

Commissioner

Certification for Payment Standards for Medical/Dental Service Providers

(JLCAR Deadline August 18, 2008.)

 

 

(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:

 

 

YES

NO

 

 

 

Rep. Schmidt

X

 

Rep. Patten

X

 

Rep. MacKay

X

 

Rep. Boyce

X

 

Rep. Powers

X

 

Rep. Millham

X

 

Rep. Pilotte

X

 

 

 

 

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:

 

 

(a)  OR 2007-220

Liquor Commission

License Information Requirements

(JLCAR Deadline September 23, 2008.)

 

 

20. Remaining Responses to Preliminary Objections Made in June 27, 2008 Meeting But Not Yet Received by Committee Staff:

 

 

(a)  OR 2007-221

BOARD OF EDUCATION

Modern Language, Reading & Writing Specialist, Social Worker and Dance;  Also Certification for Physical Education, Classical Languages, and Music

(JLCAR Deadline September 30, 2008)

 

 

(b)  OR 2008-37

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Nursery and Nursery Stock

(JLCAR Deadline September 30, 2008)

 

 

OTHER BUSINESS

 

21. Other