JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
JULY 21, 2011
Members Present: Representatives Patten, Pilotte,
Schmidt, McGuire,
(**)
Part 1, Article 28-a of the N.H.
Constitution was not an issue in the Committee’s discussions or decisions in this
meeting, except briefly in Item #8, which was conditionally approved.
1. The
meeting was convened at 9:00 a.m. by Rep. Patten as Chair.
Members
present at this time, aside from Rep. Patten, were Reps. Pilotte,
Rep.
Patten designated Sen. Carson, Rep. Taylor, Rep. Tremblay, and Rep. Winter as
alternates, respectively, for Sen. Lambert, Sen. Merrill, Rep. Manuse, and Rep.
McGuire, who were absent.
2. The
Committee discussed the minutes of the Committee meeting on June 17, 2011.
Sen.
Carson moved that the minutes be approved.
Rep.
Winter seconded.
Rep.
Kidder arrived at this time, but, as an alternate, was not yet a voting member.
The
motion was adopted.
3. The
Committee discussed the following Final Proposal (Consent Agenda – Final
Proposals):
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FP 2011-33 |
BOARD OF EDUCATION Comprehensive Technology Educators |
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FP 2011-49 |
GOVERNING BOARD OF RECREATIONAL THERAPISTS |
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FP 2011-50 |
GOVERNING BOARD OF RECREATIONAL THERAPISTS Licensure Form, Required Documents, and Eligibility Requirements for Renewal Application, and Continuing Education Documentation Retention |
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FP 2011-52 |
GOVERNING BOARD OF ATHLETIC TRAINERS Licensure Form and CEU Retention |
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FP 2011-58 |
BOARD OF BARBERING, COSMETOLOGY, AND ESTHETICS Rules Updating Inspection Procedures |
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FP 2011-62 |
DEPARTMENT OF HEALTH & HUMAN SERVICES Former
Division of Public Health Services Other Qualified Agencies |
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FP 2011-63 |
DEPARTMENT OF HEALTH & HUMAN SERVICES Former Division of Mental Health and Developmental Services Certification Standards for Behavioral Health Community Residences |
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FP 2011-64* |
DEPARTMENT OF HEALTH & HUMAN SERVICES Former Division of Public Health Services End Stage Renal Disease Dialysis Centers |
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* The only issue with this final proposal is
that the agency continued to operate under expired rules as noted in the
fiscal impact statement. |
Rep. Pilotte moved that the Committee
approve the Final Proposals, with the exceptions of Final Proposal 2011-49 and Final
Proposal 2011-64.
Sen. Carson seconded.
Adopted.
Rep. Schmidt arrived at this time.
4. The Committee discussed Final Proposal
2011-49 from the Governing Board of Recreational Therapists (Licensure Form,
Required Documents, and Eligibility Requirements for Initial Application and
Repeal of Conditional Licensure). Tina
Kelley testified for the Governing Board.
Rep. Pilotte moved that the Committee
approve Final Proposal 2011-49.
Sen. Carson seconded.
Adopted.
5. The Committee discussed Final Proposal
2011-64 from the Department of Health and Human Services (Former Division of
Public Health Services,
Rep. Pilotte moved that the Committee
approve Final Proposal 2011-64 with the recommendation that the Department not
adopt the rules until July 26, 2011.
Sen. Carson seconded.
Adopted.
6. The Committee discussed whether to postpone
action on certain items to another meeting.
No action to postpone was taken at this
time.
7. The Committee discussed Final Proposal
2011-51 from the Governing Board of Recreational Therapists (Ethical
Standards). Tina Kelley testified for
the Governing Board.
Rep. Pilotte moved that the Committee
approve Final Proposal 2011-51.
Rep. Taylor seconded.
Adopted.
Rep. Patten acknowledged for the record
that Rep. McGuire had arrived, and that Rep. Winter was no longer a voting
member.
8. The Committee discussed Final Proposal
2011-65 from the Department of Health and Human Services (Former Office of
Alcohol and Drug Abuse Prevention, Access to Recovery Program). Michael Holt and James Shanelaris testified
for the Department.
The Department had submitted a request for
conditional approval in a letter and amended rule dated July 19, 2011.
Sen. Kelly moved that the Committee accept
the conditional approval request and conditionally approve Final Proposal
2011-65 based on the request, with the recommendation that the Committee seek
legislation to clarify RSA-541-A on incorporation by reference of federal poverty
levels.
Rep. McGuire seconded.
Adopted.
9. The Committee discussed a request by the Department
of Health and Human Services to the Office of Legislative Services regarding
editorial changes to rules which incorporate forms by reference pursuant to RSA
541-A:19-b. Michael Holt testified for
the Department.
Rep. McGuire left the meeting during the
discussion of this item.
Rep. Schmidt moved that the Committee (1)
recommend to the Acting Director that she accept as an editorial change in
rules a change to the edition date, or other identification, of a form
incorporated by reference if the agency has already gone through the expedited
revision process pursuant to RSA 541-A:19-c to amend and file the form
document, and (2) direct Committee staff to address such an editorial change in
the amended Drafting and Procedure Manual for Administrative Rules.
Rep. Taylor seconded.
It was the consensus of the Committee that
updating an incorporation by reference as an editorial change in a rule would
apply only to forms where the expedited process has already been used.
The motion was adopted.
10. After a break, with Reps. Patten, Pilotte,
Schmidt, McGuire,
The Department had requested a conditional
approval in a letter and amended rule dated July 20, 2011.
Sen. Kelly and Rep. Kidder returned to the
meeting as the discussion of this item began.
Rep. Winter and Rep. Kidder were not voting members at this time. Rep. Kidder left during the discussion of
this item.
The following persons also testified:
James Ackerman, R.N., representing
himself and clients.
Carol Conforti-Adams, representing
individuals with disabilities.
Jeff
Dickinson, representing Granite State Independent Living, who presented written
testimony as well as written testimony from Ryan Donnelly, Kathy Bates, and Pamela
Locke.
Dan Hebert.
Michelle
Winchester, representing the Institute for Health, Law, and Ethics, of the
Tom
Donovan, representing home and community-based care (HCBC) Choices for
Independence (CFI) clients.
Rebecca Hutchinson, representing
Lutheran Social Services In-Home Care Program.
Robert Clegg, representing Heritage
Case Management.
Kevin Peter Feeley, who also
presented written testimony.
Anthony Dubois registered his opposition
to the rules but did not speak. Also,
Kerri S. Glover had presented written testimony prior to the meeting from the
National Academy of Elder Law Attorneys, Inc. (NAELA).
Rep. Taylor left the meeting during the
discussion.
Rep. Schmidt moved that the Committee make
a preliminary objection to Final Proposal 2011-56 on the issues in the
Department’s conditional request and on the Committee’s determination that the
Final Proposal uses broad language when a more specific requirement is needed
and is not drafted in clear and understandable language.
Sen. Carson seconded.
Rep. Patten appointed Rep. Winter as an
alternative for Sen. Merrill, who was absent.
The motion was adopted.
11. The Committee recessed at 1:15 p.m., thereby
postponing action on the following item to the continued meeting on August 4,
2011:
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OTHER BUSINESS 9. Other |
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It was also the consensus of the Committee
that, if the response to the objection to Final Proposal 2011-56 were submitted
prior to the continued meeting on August 4, 2011, the response would be on the
agenda for that meeting.