JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

REGULAR MEETING

TENTATIVE AGENDA

 

APRIL 15, 2022 - 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. James Gray

Rep. Alan Bershtein

Sen. Suzanne Prentiss

Rep. William A. Hatch

Sen. Ruth Ward

Rep. Timothy P. Lang

Sen. Rebecca Whitley

Rep. Peter B. Schmidt

Sen. Kevin Avard (Alt.)

Rep. Fred Doucette (Alt.)

Sen. Regina Birdsell (Alt.)

Rep. Claire Rouillard (Alt.)

Sen. Sharon Carson (Alt.)

Rep. Terry Roy (Alt.)

Sen. Kevin Cavanaugh (Alt.)

Rep. Dianne E. Schuett (Alt.)

Sen. Rebecca Perkins Kwoka (Alt.)

Rep. Edith Tucker (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, Seating of Alternates, 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.
Otherwise, agency cannot adopt the interim rule.

 

 

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule

EXP - Expedited Repeal

EXRF - Expedited Revisions to Form

EXIR – Expedited Amendment to Incorporation by Reference


CONSENT AGENDA

 

 

 

2.  9:05 a.m.      Committee Approval of Final Proposals and Proposed Expedited Revisions to Agency Forms:

 

 

 

(a)  FP 2021-132

APPROVAL

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Radiological Health Rules

(JLCAR Deadline May 23, 2022.)

 

Rule

 

 

(b)  FP 2021-134

APPROVAL

BOARD OF DENTAL EXAMINERS

Continuing Education Categories of Credit

(JLCAR Deadline May 9, 2022.)

 

Rule

 

 

(c)  FP 2022-1

APPROVAL

DEPARTMENT OF SAFETY

Commissioner

Body-Worn and Dashboard Camera Grant Fund

(JLCAR Deadline May 2, 2022.)

 

Rule

 

 

(d)  FP 2022-21

APPROVAL

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Per and Polyfluoroalkyl Substances (PFAS) Remediation Grant and

Loan Fund Programs for Certain Public Water Systems

(JLCAR Deadline May 23, 2022.)

 

Rule

 

 

(e)  EXRF 2022-4

APPROVAL

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Expedited Revisions to the “Care Assessment for the

Residential Services Tool”

(No JLCAR Deadline)

 

Rule

 

 

(f)  EXRF 2022-5

APPROVAL

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health & Developmental Services

Expedited Revisions to the “Special Medical Service – (SMS) –

Application for All Services”

(No JLCAR Deadline)

 

Rule

 

 

3.  9:10 a.m.  Committee Conditional Approvals:

 

 

(a)  FP 2021-112

CONDITIONAL APPROVAL

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

NH Child Care Program Licensing Rules

(JLCAR Deadline May 23, 2022.)

 

Rule         CA Request

 

 

(b)  FP 2021-131

CONDITIONAL APPROVAL

BOARD OF DENTAL EXAMINERS

Application for Dental and Dental Hygienist Licensure, Fees

and Reinstatement of Licensure

(JLCAR Deadline May 9, 2022.)

 

Rule       CA Request      Memo        Form 1         Form 2

 

 

4.  9:11 a.m.  Committee Acceptance of Agency Responses to Objections:

 

 

 

(No items)

 

 

 

5.  9:12 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 is whether there is an agency response 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 March 18, 2022:

 

 

(a)  FP 2021-17

 

POLICE STANDARDS AND TRAINING COUNCIL

Annual In-Service Training

(Response received March 24, 2022 and confirmed on March 28, 2022.)

 

 

(b)  FP 2021-122

N.H. PHARMACY BOARD

Application to Operate a Non-Resident Mail-Order Pharmacy

(Response not yet received.)

 

 

(c)  INT 2022-1

      

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Deemed Income for Financial and Medical Assistance

(Response received March 21, 2022 and confirmed on March 23, 2022.)

 

 

(d)  INT 2022-2

      

BOARD OF MEDICINE

Waiver of Electronic Prescription Requirement

(Response received April 6, 2022 and confirmed on April 6, 2022.)

 

 

REGULAR AGENDA

 

 

6.  9:13 a.m.  Consider postponing action on certain items to another meeting.

 

 

7.  9:15 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2021-120

PRELIMINARY OBJECTION

Former Division of Mental Health & Developmental Services

In-Home Supports

(JLCAR Deadline May 20, 2022.)

 

Rule     CA Request     Form 1      Form 2    Form 3     Attachment

 

 

(b)  FP 2021-130

APPROVAL

Commissioner

Data Submission of Health Care Facility Discharge Data

(JLCAR Deadline May 10, 2022.)

 

Rule        Memo

 

 

8. 9:35 a.m. BOARD OF OCCUPATIONAL THERAPISTS

 

 

FP 2021-137

POSTPONED TO
5-20-22 MEETING

Continued Status

(JLCAR Deadline April 29, 2022.)

 

Rule       Memo           CA Request

 

 

9. 9:45 a.m. N.H. PHARMACY BOARD

 

 

FP 2021-92

POSTPONED TO
5-20-22 MEETING

Standards of Practice

(JLCAR Deadline May 16, 2022.)

 

Rule       Memo

 

 

10. 9:55 a.m. DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

 

 

OR 2021-104

APPROVED

Transfer of Animals and Birds

(Formerly Item #8 on the March 18, 2022 Agenda.)

(Amended Preliminary Objection Response received April 4, 2022.)

 

Amended Objection Response

 

 

OTHER BUSINESS

 

11.  10:05 a.m.