JOINT
LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
REGULAR MEETING
TENTATIVE AGENDA
JANUARY 20, 2017 - 9:00 a.m.
ROOMS 306/308
LEGISLATIVE OFFICE BUILDING
Senate
Members of JLCAR |
House
Members of JLCAR |
|
|
Sen. John Reagan,
Chair |
Rep. Carol M. McGuire,
Vice Chair |
Sen. Kevin Avard |
Rep. William A. Hatch |
Sen. Dan Feltes |
Rep. Rick M. Ladd |
Sen. Harold French |
Rep. Peter B. Schmidt |
Sen. Jay Kahn |
|
Sen. Martha Fuller
Clark (Alt.) |
Rep. Suzanne H. Gottling
(Alt.) |
Sen. Lou
D'Allesandro (Alt.) |
Rep. John Sytek (Alt.) |
Sen. William Gannon
(Alt.) |
|
Sen. Dan Innis
(Alt.) |
|
Sen. Ruth Ward (Alt.) |
|
The
times and order specified for the agenda items listed below are only
tentative. The Committee may change the
order or may change the amount of time allotted for such items.
1. 9:00 a.m. Convene and
Review Minutes
JLCAR Deadlines Noted in Agenda: |
|
For OR's and ROR's: |
Deadline is for
sponsoring a joint resolution. |
For FP's: |
Deadline is for
approval, conditional approval, or preliminary objection. Otherwise, rule is
automatically approved. |
For INT's: |
Deadline is for
approval or conditional approval. |
FP - Final Proposal
OR - Preliminary Objection Response
ROR - Revised Objection Response
ER - Emergency Rule
INT - Interim Rule
EXP - Expedited Repeal
EXRF - Expedited Revision to Form
CONSENT AGENDA |
||
|
||
2. 9:05
a.m. Committee Approval of Final
Proposals and Proposed Interim Rules: |
||
|
|
|
(a) FP 2016-114 |
BOARD
OF PROFESSIONAL GEOLOGISTS Definitions, Organization, and Public Information (JLCAR Deadline January 23,
2017. One rule had expired July 1, 2016.) |
|
|
|
|
(b) FP 2016-115 |
BOARD
OF PROFESSIONAL GEOLOGISTS Practice and Procedure (JLCAR Deadline January 23,
2017.) |
|
|
|
|
(c) FP 2016-123 |
BOARD
OF MENTAL HEALTH PRACTICE Educational and Practical Experience Requirements for Pastoral
Psychotherapists (JLCAR Deadline February 3,
2017.) |
|
|
|
|
(d) FP 2016-132 |
BOARD
OF HEARING CARE PROVIDERS Misconduct
Investigations; Nonadjudicative Investigations and Informal Hearings;
Explanation of Rules After Adoption; Waiver of Substantive Rules (JLCAR Deadline February 10, 2017.) |
|
|
|
|
(e) FP 2016-162 |
PUBLIC
UTILITIES COMMISSION Underground
Utility Damage Prevention Program (JLCAR Deadline January 20, 2017.) |
|
|
|
|
(f) FP 2016-188 |
LOTTERY
COMMISSION Racing
and Charitable Gaming Division Repeal
of Former Racing and Charitable Gaming Commission's Organizational Rules (JLCAR Deadline January 30, 2017.) |
|
|
|
|
(g) FP 2016-189 |
LOTTERY
COMMISSION Racing
and Charitable Gaming Division Repeal
of Former Racing and Charitable Gaming Commission's Rules of Practice (JLCAR Deadline January 30, 2017.) |
|
|
|
|
(h) FP 2016-199 |
INSURANCE
DEPARTMENT Life
Insurance Illustrations (JLCAR Deadline January 23, 2017.) |
|
|
|
|
(i) FP
2016-206 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Definitions -- NH Rules for the Control of
Radiation (JLCAR
Deadline February 13, 2017.) |
|
|
|
|
(j) FP
2016-208 |
INSURANCE
DEPARTMENT (JLCAR Deadline January 30, 2017.) |
|
|
|
|
(k) FP 2016-212 |
FISH
AND GAME DEPARTMENT Free
Fishing Days and Marking of Freshwater Fish Prohibited (JLCAR Deadline February 13, 2017.) |
|
|
|
|
(l) FP 2016-215 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Public Health Services Milk
Producers, Milk Plants, Producer Distributors, and Distributors (JLCAR Deadline February 21, 2017.) |
|
|
|
|
(m) FP 2016-217 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Medicaid
Substance Use Disorder (SUD) Treatment and Recovery Support Services (JLCAR Deadline February 21, 2017.) |
|
|
|
|
(n) FP 2016-218 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Hospital
Services (JLCAR Deadline February 21, 2017.) |
|
|
|
|
(o) FP 2016-222 |
N.H.
MOTOR VEHICLE INDUSTRY BOARD Various
Motor Vehicle Industry Board Rules (JLCAR Deadline February 2, 2017.) |
|
|
|
|
(p) FP 2016-224 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Commissioner Standards
and Burden of Proof (JLCAR Deadline February 21, 2017.) |
|
|
|
|
(q) INT
2017-5 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and
Developmental Services Secure Psychiatric Unit Transfers (JLCAR
Deadline April 12, 2017. Existing
rules will expire February 1, 2017.) |
|
|
|
|
3. 9:10 a.m. Committee
Conditional Approvals: |
||
|
|
|
FP 2016-211 |
DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD Nursery
and Nursery Stock (JLCAR
Deadline February 13, 2017.) |
|
|
|
|
4. 9:15 a.m. Committee
Acceptance of Agency Responses to Objections: |
||
|
||
(No Items) |
|
|
|
||
5. 9:16 a.m. Committee
Issuance of Preliminary or Revised Objections to Final Proposals: |
||
|
||
(a) FP 2016-138 |
BOARD OF AUCTIONEERS Definitions,
Organization, and Public Information (JLCAR
Deadline February 17, 2017.) |
|
|
|
|
(b) FP 2016-139 |
BOARD OF AUCTIONEERS Complaints
and Hearing Procedures, Licensing Requirements, Continued Status, and (JLCAR
Deadline February 17, 2017.) |
|
|
|
|
NOTE: The following proposals were conditionally approved
by the Committee on the dates indicated.
Also noted are whether there are agency responses not previously
reported and subsequent confirmation by the Office of Legislative Services
that the proposals have been amended as conditionally approved. No further Committee action is required in
that case. |
||
|
|
|
Conditionally Approved October 20, 2016: |
||
|
|
|
FP 2016-44 |
BOARD OF PODIATRY Opioid Prescribing (Response
received December 20, 2016 and confirmed December 20, 2016.) |
|
|
|
|
FP 2016-131 |
BOARD OF NURSING Opioid Prescribing (Response
received November 18, 2016 and confirmed November 18, 2016.) |
|
|
|
|
FP 2016-121 |
DEPARTMENT OF SAFETY Rental Agent Rules (Converted to preliminary objection pursuant to RSA 541-A:13, V(a) after deadline of November 21, 2016 was
passed. Objection response filed
December 5, 2016 and approved |
|
|
|
|
Conditionally Approved November 17, 2016: |
||
|
|
|
FP 2016-57 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Cross-Program Rules N.H. Environmental
Laboratory Accreditation Program (Response
received November 18, 2016 and confirmed November 21, 2016.) |
|
|
|
|
FP 2016-97 |
GOVERNING BOARD OF PHYSICAL THERAPISTS Requirements for Initial Licensure (Response
received December 22, 2016 and confirmed December 22, 2016.) |
|
|
|
|
FP 2016-98 |
GOVERNING BOARD OF PHYSICAL THERAPISTS Continued Status (Response received
December 22, 2016 and confirmed December 22, 2016.) |
|
|
|
|
FP 2016-142 |
BOARD OF VETERINARY MEDICINE Veterinary Medicine and Opioid Prescribing (Response received December 21, 2016 and confirmed December 22, 2016.) |
|
|
|
|
FP 2016-93 |
WATER WELL BOARD Water Well Board Rules (Response
received December 23, 2016 and confirmed December 27, 2016.) |
|
|
|
|
Conditionally Approved December 15, 2016: |
||
|
|
|
FP 2016-130 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and
Developmental Services Community Mental Health Services Assertive
Community Treatment (ACT) (Response received December 23, 2016 and confirmed December 23, 2016.) |
|
|
|
|
FP 2016-163 |
LIQUOR COMMISSION Public Sampling of Beverage/Liquor/Wine
Pursuant to RSA 179:44 (Response received December 20, 2016 and confirmed December 21, 2016.) |
|
|
|
|
FP 2016-164 |
LIQUOR COMMISSION Rules Relating to Tobacco (Response received December 20, 2016 and confirmed December 21, 2016.) |
|
|
|
|
FP 2016-200 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner Therapeutic Cannabis Program - Alternative
Treatment Centers (Response received December 22, 2016 and confirmed December 22, 2016.) |
|
|
|
|
FP 2016-149 |
DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD Invasive Species (Response
received January 9, 2017 and confirmed January 9, 2017.) |
|
|
|
|
REGULAR AGENDA |
||
|
||
6. 9:18 a.m. Consider
postponing action on certain items to another meeting. |
||
|
||
7. 9:20
a.m. PESTICIDE CONTROL BOARD |
||
|
|
|
FP 2016-148 |
Pesticide Use (JLCAR Deadline January 30,
2017.) |
|
|
|
|
8. 9:30
a.m. FISH AND GAME DEPARTMENT |
||
|
|
|
FP 2016-161 |
Rules for Lands and Waters Under Department
Control (JLCAR Deadline February 3, 2017.) |
|
|
|
|
9. 9:40
a.m. N.H. RETIREMENT SYSTEM |
||
|
|
|
FP 2016-185 |
Electronic Filing of Documents (JLCAR
Deadline January 30, 2017.) |
|
|
|
|
10. 9:50
a.m. LOTTERY COMMISSION |
||
|
|
|
(a)
FP 2016-190 |
Rules of Practice and Procedure (JLCAR Deadline January 30, 2017.) |
|
|
|
|
(b)
FP 2016-195 Conditional
Approval |
Racing and Charitable Gaming Division Bingo Penalties (JLCAR Deadline January 30, 2017.) |
|
|
|
|
(c)
FP 2016-196 |
Racing and Charitable Gaming Division Lucky 7 Penalties (JLCAR Deadline January 30, 2017.) |
|
|
|
|
(d)
FP 2016-197 |
Racing and Charitable Gaming Division Games of Chance Penalties (JLCAR Deadline January 30, 2017.) |
|
|
|
|
11. 10:00 a.m. INSURANCE
DEPARTMENT |
||
|
|
|
(a) FP 2016-209 |
Uniform
Prior Authorization Forms and Electronic Standard for Prescription Drug
Benefits (JLCAR
Deadline February 21, 2017.) |
|
|
|
|
(b) OR 2016-172 |
Prescription
Prices for Pharmacists and Pharmacies (JLCAR
Deadline February 22, 2017.) |
|
|
|
|
12. 10:15
a.m. DEPARTMENT OF HEALTH AND HUMAN
SERVICES |
||
|
|
|
FP 2016-167 |
Commissioner Certification
Payment Standards for Health Care and Laboratory Service Providers (JLCAR Deadline February 13,
2017.) |
|
|
|
|
13. 10:20
a.m. FIRE STANDARDS AND TRAINING
COMMISSION |
||
|
|
|
INT 2016-41 |
Interim
New Hampshire Fire Standards and Training Commission Rules (JLCAR Deadline March 15, 2017. Former rules expired November 12, 2016.) |
|
|
|
|
14. 10:30
a.m. BOARD OF PROFESSIONAL GEOLOGISTS |
||
|
|
|
FP 2016-116 |
Licensure
Requirements; Continued Status; Ethical Standards and License Surrender (JLCAR
Deadline January 23, 2017.) |
|
|
|
|
15. 10:35
a.m. BOARD OF CHIROPRACTIC EXAMINERS |
||
|
|
|
INT 2017-1 |
Licensing Requirements;
Continued Status (JLCAR Deadline April 12, 2017.
Former rules expired October 11, 2014 and January 10, 2017.) |
|
|
|
|
16. 10:40
a.m. BOARD OF REGISTRATION IN OPTOMETRY |
||
|
|
|
INT 2017-2 |
Applications for Initial Licensure;
License Renewal and Continuing Education; Ethical Standards and Disciplinary
Matters; Professional Standards (JLCAR Deadline April 12, 2017.
Most of the rules expired April 4, 2010, May 19, 2011, |
|
|
|
|
17. 10:45
a.m. REAL ESTATE COMMISSION |
||
|
|
|
(a) INT
2017-3 |
Procedural Rules (JLCAR Deadline April 12, 2017.
Former rules expired September 17, 2016.) |
|
|
|
|
(b) INT
2017-4 |
Application Form; Brokerage
Contract, Advertisements, Agency Code of Ethics, Brokerage Relationship
Disclosure (JLCAR Deadline April 12, 2017.
Most of the rules expired October 22, 2016 and |
|
|
|
|
18. 10:55 a.m. BOARD
OF HEARING CARE PROVIDERS |
||
|
|
|
FP 2016-133 |
Initial
Licensure and Registration; License and Registration Renewals; Ethical
Standards (JLCAR
Deadline February 10, 2017.) |
|
|
|
|
19. 11:00 a.m. BOARD
OF EDUCATION – TO BE POSTPONED |
||
|
|
|
FP 2016-86 |
NH
Rules for the Education of Children with Disabilities (JLCAR Deadline February 17, 2017. Amended Final Proposal not yet received.) |
|
|
||
20. 11:05 a.m. Discussion
on Governor's rulemaking moratorium request of January 5, 2017. |
||
|
|
|
OTHER BUSINESS 21. 11:30 a.m. |
||