JOINT
LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
REGULAR MEETING
TENTATIVE AGENDA
OCTOBER 20, 2016 - 9:00 a.m.
ROOMS 306/308
LEGISLATIVE OFFICE BUILDING
Senate
Members of JLCAR |
House
Members of JLCAR |
|
|
Sen. John Reagan, Vice
Chair |
Rep. Carol M. McGuire,
Chair |
Sen. Kevin Avard |
Rep. David H. Kidder |
Sen. Sam Cataldo |
Rep. Rick M. Ladd |
Sen. Dan Feltes |
Rep. Tara A. Sad |
Sen. David Watters |
Rep. Peter B. Schmidt |
Sen. Regina Birdsell
(Alt.) |
Rep. Suzanne H. Gottling
(Alt.) |
Sen. Martha Fuller Clark
(Alt.) |
Rep. William A. Hatch
(Alt.) |
Sen. Lou D'Allesandro
(Alt.) |
Rep. John Sytek (Alt.) |
Sen. Gary Daniels (Alt.) |
(Alt.) |
Sen. Nancy Stiles (Alt.) |
(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 2016-84 |
LOTTERY
COMMISSION Instant
Lottery Games (JLCAR Deadline November 7, 2016.) |
|
|
(b) FP 2016-119 |
MIDWIFERY
COUNCIL Public
Requests for Information; Complaints of Misconduct; Settlements; Explanation
of Adopted Rules (JLCAR Deadline November 21, 2016.) |
|
|
(c) FP 2016-128 |
LOTTERY
COMMISSION Games
of Chance (JLCAR Deadline November 7, 2016.) |
|
|
(d) FP 2016-143 |
DEPARTMENT
OF REVENUE ADMINISTRATION Deletion
of Witnessed Signature Requirement for
Filing Real Estate Transfer Tax Declaration of Consideration Forms (JLCAR Deadline November 14, 2016.) |
|
|
(e) FP 2016-144 |
DEPARTMENT
OF REVENUE ADMINISTRATION Deletion
of Witness Signatures Requirement for Power of Attorney (JLCAR Deadline November 14, 2016.) |
|
|
(f) FP 2016-145 |
DEPARTMENT
OF REVENUE ADMINISTRATION Property
Tax Credits, Exemptions, and Deferrals (JLCAR Deadline November 21, 2016.) |
|
|
(g) FP 2016-146 |
DEPARTMENT
OF ENVIRONMENTAL SERVICES Air
Related Programs Nonattainment
New Source Review and Prevention of Significant Deterioration Amendments. (JLCAR Deadline November 21, 2016.) |
|
|
(h) FP 2016-152 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Expiring
Rules Related to Income Computation for Financial Assistance to Needy
Families and the Adult Categories of Financial Assistance and the Adult
Financial Assistance Employment Expense Disregard (JLCAR Deadline November 21, 2016.) |
|
|
(i) FP 2016-154 |
INSURANCE
DEPARTMENT Mortality
Tables For Use in Determining Reserve Liabilities For Annuities (JLCAR Deadline November 21, 2016.) |
|
|
(j) FP 2016-155 |
CURRENT
USE BOARD Assessment
Ranges for Forest Land Categories, With and Without Stewardship, Unproductive
Land and Wetland Categories (JLCAR Deadline November 21, 2016.) |
|
|
(k) FP 2016-158 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Medicaid
Care Management – Pharmacy Exclusion (JLCAR Deadline November 21, 2016.) |
|
|
(l) FP 2016-159 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Rules
Related to Resource Limits for the Medical Assistance Program (JLCAR Deadline November 21, 2016.) |
|
|
(m) INT 2016-30 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Medicaid
Substance Use Disorder (SUD) Treatment and Recovery Support Services (JLCAR Deadline January 11, 2017. Rule implements 2016, 330:13 (SB 553),
effective June 24, 2016.) |
|
|
3. 9:10 a.m. Committee
Conditional Approvals: |
|
|
|
(a)
FP 2016-85 |
LOTTERY COMMISSION Second Chance Drawings (JLCAR
Deadline November 7, 2016.) |
|
|
4. 9:15 a.m. Committee
Acceptance of Agency Responses to Objections: |
|
|
|
OR 2016-127 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and
Developmental Services Conditional Discharge (JLCAR
Deadline January 10, 2017.) |
|
|
5. 9:16 a.m. Committee
Issuance of Preliminary or Revised Objections to Final Proposals: |
|
|
|
(No Items) |
|
|
|
NOTE: The following proposals were conditionally
approved by the Committee on the dates indicated. Also noted are whether there are agency
responses 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 July 21, 2016: |
|
|
|
FP 2016-10 |
BOARD OF LICENSURE FOR LAND SURVEYORS Rules Regarding Licensure Requirements; Disciplinary
Matters, Continued Status, Ethical Standards and Research Standards (Response
not yet received.) |
|
|
Conditionally Approved September 15, 2016: |
|
|
|
FP 2016-64 |
BOARD OF EDUCATION Specialist in Assessment of
Intellectual Functioning (SAIF) (Response
not yet received.) |
|
|
FP 2016-19 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Water Quality and Quantity Programs Subdivisions; Individual Sewage Disposal Systems (Response received September
16, 2016 and confirmed September 16, 2016.) |
|
|
FP 2016-39 |
BOARD OF LICENSING FOR ALCOHOL AND OTHER DRUG USE
PROFESSIONALS Initial Certifications and Licenses (Response received October 13,
2016 and confirmed October 13, 2016.) |
|
|
FP 2016-94 |
INSURANCE DEPARTMENT Health Maintenance Organizations (Response
received September 23, 2016 and confirmed September 26, 2016.) |
|
|
FP 2016-27 |
PHARMACY BOARD Standards of Practice for Manufacturers,
Wholesalers and Distributors (Response
received September 27, 2016 and confirmed September 27, 2016.) |
|
|
FP 2016-129 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and Developmental
Services Housing Bridge Subsidy Program (Response received September 22,
2016 and confirmed September 26, 2016.) |
|
|
Conditionally Approved October 6, 2016: |
|
|
|
FP 2016-127 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and
Developmental Services Conditional Discharge (Response
received October 12, 2016. Converted
to preliminary objection pursuant to RSA
541-A:13,V(a). Objection response
filed October 12, 2016 and on the consent agenda for October 20, 2016.) |
|
|
FP 2016-91 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Communicable Diseases (Response
not yet received.) |
|
|
NOTE: The following Final Proposal was originally listed
on the Committee's October 20, 2016 Agenda in the Rulemaking Register on October 13, 2016 but was incorrect and
incomplete. It has been correctly and
completely filed for the Committee's November 17, 2016 agenda. |
|
|
|
FP 2016-157 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Expiring Rules Related to Income Computation
for Medical Assistance, Employment Expense Disregard for Medical Assistance,
Eligibility for Nursing Facility Care and Home and Community-Based Care (JLCAR
Deadline November 28, 2016.) |
|
|
REGULAR
AGENDA |
|
|
|
6. 9:18 a.m. Consider
postponing action on certain items to another meeting. |
|
|
|
7. 9:20 a.m. BOARD
OF PSYCHOLOGISTS |
|
|
|
FP 2016-2 |
Organizational Rules, Practice and Procedure,
License and Registration Requirements, Applications and Fees, Continued
Status, Ethical Standards, Responsibilities of Psychologists, and
Professional Misconduct (JLCAR Deadline October 20,
2016.) (Formerly Item #8 on 7-21-16 agenda, Item #7
on 8-18-16 agenda, and Item #9 on 9-15-16 agenda.) |
|
|
8. 9:30
a.m. BOARD OF MEDICINE |
|
|
|
FP 2016-118 |
Opioid Prescribing (JLCAR Deadline November 3,
2016.) |
|
|
9. 9:35
a.m. BOARD OF PODIATRY |
|
|
|
FP 2016-44 |
Opioid Prescribing (JLCAR Deadline October 20,
2016.) (Formerly Item #11 on 9-15-16 and 10-6-16 agendas.) |
|
|
10. 9:40 a.m. BOARD
OF REGISTRATION IN OPTOMETRY |
|
|
|
FP 2016-45 |
Opioid Prescribing (JLCAR Deadline October 20, 2016.
(Formerly Item #12 on
9-15-16 and 10-6-16 agendas.) |
|
|
11. 9:45 a.m. BOARD
OF NURSING |
|
|
|
FP 2016-131 |
Opioid Prescribing (JLCAR
Deadline October 20, 2016.) (Formerly Item #13 on
9-15-16 and 10-6-16 agendas.) |
|
|
12. 9:50 a.m. BOARD
OF DENTAL EXAMINERS |
|
|
|
FP 2016-140 |
Opioid Prescribing (JLCAR Deadline October 20,
2016.) (Formerly Item #14 on 9-15-16 and 10-6-16 agendas.) |
|
|
13. 9:55 a.m. NATUROPATHIC
BOARD OF EXAMINERS |
|
|
|
FP 2016-141 |
Opioid Prescribing (JLCAR Deadline November 4,
2016.) |
|
|
14. 10:00 a.m. BOARD
OF VETERINARY MEDICINE – TO BE POSTPONED |
|
|
|
FP 2016-142 |
Veterinary Medicine and Opioid Prescribing (JLCAR
Deadline November 14, 2016.) |
|
|
15. 10:05 a.m. POLICE
STANDARDS AND TRAINING COUNCIL |
|
|
|
FP 2016-72 |
Application and Qualification, Continued
Status, Ethical Standards and Training Approval (JLCAR Deadline, October 20, 2016.) (Formerly Item #16 on
9-15-16 and 10-6-16 agendas.) |
|
|
16. 10:15 a.m. DEPARTMENT
OF ENVIRONMENTAL SERVICES |
|
|
|
(a)
FP 2016-57 |
Cross-Program Rules N.H. Environmental
Laboratory Accreditation Program (JLCAR Deadline October 31, 2016.) |
|
|
(b)
FP 2016-109 |
Oil and Remediation Programs Ambient Groundwater Quality Standards
(AGQS) for Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonate
(PFOS) (JLCAR Deadline November 7, 2016.) |
|
|
17. 10:25 a.m. DEPARTMENT
OF LABOR |
|
|
|
FP 2016-96 |
Managed Care Programs in Workers'
Compensation (JLCAR
Deadline October 24, 2016.) |
|
|
18. 10:40 a.m. DEPARTMENT
OF HEALTH AND HUMAN SERVICES |
|
|
|
(a)
INT 2016-31 |
Former Division of Human Services Medicaid General Program Information and
Provider Requirements (JLCAR
Deadline January 11, 2017. Rule
implements a federal requirement, effective November 1, 2016.) |
|
|
(b)
INT 2016-32 |
Former Division of Human Services Radiation or MRI Machine Security Screening
System Non-medical (JLCAR
Deadline January 11, 2017. Rule
implements 2016, 263:4-6 (SB 406), effective July 1, 2016.) |
|
|
19. 10:50 a.m. DEPARTMENT
OF SAFETY |
|
|
|
(a)
INT 2016-29 |
Interim Limited Privilege Driver's License
Rules (JLCAR
Deadline January 11, 2017. Rule
implements 2016, 168 (HB 1305), effective
June 3, 2016.) |
|
|
(b)
FP 2016-121 |
Rental Agent Rules (JLCAR
Deadline November 7, 2016.) |
|
|
(c)
FP 2016-87 |
Building Permit System Rules (JLCAR
Deadline November 21, 2016.) |
|
|
20. 11:10 a.m. INSURANCE
DEPARTMENT |
|
|
|
FP
2016-150 |
Opt-In by Self-Funded Private Employers (JLCAR
Deadline November 21, 2016.) |
|
|
21. 11:25 a.m. MIDWIFERY
COUNCIL |
|
|
|
FP 2016-120 |
Certification Requirements; Continued
Status; Scope of Midwifery Practice (JLCAR
Deadline November 21, 2016.) |
|
|
22. 11:30 a.m. GUARDIAN
AD LITEM BOARD |
|
|
|
(a) FP
2016-136 |
Organizational Rules; Procedural Rules (JLCAR
Deadline November 21, 2016.) |
|
|
(b)
FP 2016-137 |
Certification Requirements; Continued
Status; Ethical Standards and Standards of Practice (JLCAR
Deadline November 21, 2016.) |
|
|
OTHER BUSINESS 23. 11:45 a.m. |