JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

REGULAR MEETING

TENTATIVE AGENDA

 

MAY 20, 2022 - 9:00 a.m.

ROOMS 306/308  LEGISLATIVE OFFICE BUILDING

 

Live Stream Link:  https://youtu.be/x3ygO71Esww

 

 

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. Fenton Groen (Alt.)

Sen. Sharon Carson (Alt.)

Rep. Claire Rouillard (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 2021-124

     APPROVAL

BOARD OF EDUCATION

Holocaust and Genocide Education

(JLCAR Deadline June 13, 2022.)

 

Rule          Attachments

 

 

(b)  FP 2022-5

     APPROVAL

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Ambient Air Quality Standards

(JLCAR Deadline June 13, 2022.)

 

Rule

 

 

(d)  FP 2022-19

     APPROVAL

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Amendments Related to Cross-Program Consistency and

Accessory Structures under RSA 483-B

(JLCAR Deadline June 28, 2022.)

 

Rule

 

 

(e)  FP 2022-24

     APPROVAL

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Medicaid for Employed Adults with Disabilities (MEAD)

(JLCAR Deadline June 14, 2022.)

 

Rule

 

 

(f)  FP 2022-32

       APPROVAL

DEPARTMENT OF ENVIRONMENTAL SERVICES

Solid Waste Programs

Amendments to Align Rules with Revised Personal and Business

Disclosure Forms for Solid Waste Facilities

(JLCAR Deadline June 27, 2022.)

 

Rule          Form

 

 

(g)  FP 2022-34

       APPROVAL

OFFICE OF PROFESSIONAL LICENSURE AND CERTIFICATION

Professionals’ Health Program Fees; Fees for Letter of Good Standing,

Warranty Seal

(JLCAR Deadline June 27, 2022.)

 

Rule          Memo

 

 

(h)  FP 2022-42

        APPROVAL

OFFICE OF PROFESSIONAL LICENSURE AND CERTIFICATION

Reimbursable Expenses for Board of Registration of

Funeral Directors and Embalmers

(JLCAR Deadline June 27, 2022.)

 

Rule         

 

 

(i)  FP 2022-45

    APPROVAL

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Temporary Acute Care Centers Located within a Hospital

(JLCAR Deadline June 27, 2022.)

 

Rule

 

 


 

(j)  EXRF 2022-6

         APPROVAL

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Expedited Revisions to the New Hampshire Health Professions Survey

Opt-Out Form

(No JLCAR Deadline.)

 

Rule

 

 

(k)  FP 2022-46

        APPROVAL

OFFICE OF PROFESSIONAL LICENSURE AND CERTIFICATION

Massage Therapy License by Reciprocity

(JLCAR Deadline June 27, 2022.)

 

Rule          Form

 

 

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

 

 

       FP 2022-25

   CONDITIONAL

    APPROVAL

BOARD OF DENTAL EXAMINERS

Dental Assistant Qualification in Specific Area

(JLCAR Deadline June 27, 2022.)

 

Rule          CA Request

 

 

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 April 15, 2022:

 

 

(a)  FP 2021-112

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

NH Child Care Program Licensing Rules

(Response received April 19, 2022 and confirmed April 20, 2022.)

 

 

(b)  FP 2021-131

BOARD OF DENTAL EXAMINERS

Application for Dental and Dental Hygienist Licensure, Fees

and Reinstatement of Licensure

(Response received April 18, 2022 and confirmed April 18, 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

 

 

OR 2021-120

POSTPONED

Former Division of Mental Health & Developmental Services

In-Home Supports

(JLCAR Deadline July 20, 2022. Preliminary Objection Response not yet received.)

 

Rule       CA Request          Forms          Testimony

 

 


 

8. 9:25 a.m. OFFICE OF PROFESSIONAL LICENSURE AND CERTIFICATION

 

 

          FP 2022-2

CONDITIONAL

APPROVAL

Reflexologists, Structural Integrators, and Asian Bodywork Therapists

(JLCAR Deadline June 28, 2022.)

 

Rule       Memo           Forms          Attachments

 

 

9. 9:35 a.m. N.H. PHARMACY BOARD

 

 

FP 2021-92

CONDITIONAL

APPROVAL

Standards of Practice

(JLCAR Deadline May 20, 2022.)

 

Rule       Memo          CA Request          Forms

 

 

10. 9:45 a.m. GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

 

 

FP 2021-137

CONDITIONAL

APPROVAL

Continued Status

(JLCAR Deadline May 20, 2022.)

 

Rule       Memo          CA Request

 

 

11. 9:55 a.m. PASSENGER TRAMWAY SAFETY BOARD

 

 

FP 2021-110

PRELIMINARY OBJECTION

Passenger Tramway Safety Rules

(JLCAR Deadline June 20, 2022.)

 

Rule       Memo

 

 

12. 10:05 a.m. DEPARTMENT OF SAFETY

 

 

INT 2022-4

          APPROVAL

Commissioner

EMS Letter of Concern Rules

(JLCAR Deadline July 20, 2022.)

 

Rule       Memo          Attachment

 

 

13. 10:15 a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

FP 2022-6

          APPROVAL

Air Related Programs

Standards Applicable to Certain New or Modified Facilities

and Sources of Hazardous Air Pollutants

(JLCAR Deadline June 27, 2022.)

 

Rule       Memo

 

 

14.  10:25 a.m. BOARD OF EDUCATION

 

 

FP 2021-133

CONDITIONAL

APPROVAL

Learn Everywhere Program for

High School Graduation Credit

(JLCAR Deadline June 14, 2022.)

 

Rule     Memo         CA Request          Attachments

 

 

OTHER BUSINESS

 

15.  10:35 a.m.