JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

MAY 21, 2010 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING*

 

*Room 307 is available as a work room for agencies.

 

Senate Members of JLCAR

House Members of JLCAR

Jacalyn L. Cilley

Maurice L. Pilotte

Martha Fuller Clark

Peter B. Schmidt

Amanda Merrill

Betsey L. Patten

Robert J. Letourneau

Suzanne H. Gottling

Sharon M. Carson

Alida I. Millham

Kathleen G. Sgambati (Alt.)

Laurie J. Boyce (Alt.)

Matthew S. Houde (Alt.)

Kathleen N. Taylor (Alt.)

Betsi DeVries (Alt.)

Kimberley S. Casey (Alt.)

Michael Downing (Alt.)

Tara A. Sad (Alt.)

Peter E. Bragdon (Alt.)

David H. Kidder (Alt.)

 

 

The times and order specified for the agenda and 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 am    Convene and Review Minutes

10.  11:00 am    OR 2009-176 Liq

 

11.  11:30 am    FP 2009-187 & OR 2009-191 Ed

Consent Agenda

12.  12:00 pm    FP 2010-16 Fis

2.    9:05 am    Final Proposals

13.  12:15 pm    FP's 2010-18 He-W, 2010-20 He-P,

3.    9:10 am    Objection Responses

                        & 2010-21 He-M

4.    9:12 am    Preliminary Objections

14.    1:00 pm    LUNCH BREAK

 

15.    2:00 pm    Disc. on Manual

Regular Agenda

16.    2:45 pm    OR's from 11-19-09 Meeting

5.    9:13 am    Postpone Items

17.    3:00 pm    OR's from 5-7-10 Meeting

6.    9:15 am    OR 2009-108 Env-Wt

 

7.    9:45 am    FP 2010-22 Opt

Other Business

8.  10:00 am    FP's 2010-9 & 8 Ins

18.    3:15 pm    Other

9.  10:30 am    FP 2010-11 Saf-C

 

 

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule

EXP - Expedited Repeal


1.   Convene and Review Minutes

 

JLCAR Deadlines Noted Below:

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.

 

 

CONSENT AGENDA

 

2.   Committee Approval of Final Proposals and Proposed Expedited Repeal:

 

 

(a)  FP 2010-19

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Quality Assurance in Physician Practices

(JLCAR Deadline June 21, 2010.)

 

 

(b)  EXP 2010-1
Approval

N.H. LOTTERY COMMISSION
New Hampshire Lottery Rules for Distribution of Purse Money to Race Tracks

(No JLCAR Deadline for expedited repeals.)

 

 

3.   Committee Acceptance of Agency Responses to Objections:

 

 

(No Items)

 

 

 

4.   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 April 16, 2010:

 

 

FP 2010-13

BANKING DEPARTMENT
Public Deposit Investment Pool

(Response received 4-23-10 and confirmed 4-26-10.)

 

 

FP 2010-4

DEPARTMENT OF ENVIRONMENTAL SERVICES
Drinking Water Programs

Public Water Systems: Laboratory Analytical Methods, Monitoring, and Compliance (Response received 4-22-10 and confirmed 4-26-10.)

 

 

REGULAR AGENDA

 

5.   Consider postponing action on certain items to another meeting.

 

 

6.   OR 2009-108

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Amendments Relative to Stream Crossings

(JLCAR Deadline June 8, 2010.)

(Formerly Item 14(a) on 4-16-10 and 5-7-10 agendas.)

 

 

7.   FP 2010-22

Conditional Approval

BOARD OF REGISTRATION IN OPTOMETRY

Application Process, Character Qualifications, Examination Requirements, Application for TPA Certification, Out-of-State Contact Lens Dispenser Requirements, Expiration and Renewal of Licenses, Denial of Renewal, Continuing Education Requirements, Procedures for Complaints and Disciplinary Hearings, Ethical Standards, and the Effect of Inactive License on Disciplinary Actions

(JLCAR Deadline June 3, 2010.)

 

 

8.   INSURANCE DEPARTMENT

 

 

(a)  FP 2010-9

Approval with Recommendation

Network Adequacy

(JLCAR Deadline June 1, 2010.)

 

 

(b)  FP 2010-8

Approval with Recommendation

Medical Utilization Review Entities

(JLCAR Deadline June 14, 2010.)

 

 

9.   FP 2010-11

Approval with Understanding

DEPARTMENT OF SAFETY

Uniform Carrier Registration Rules

(JLCAR Deadline June 1, 2010.)

 

 

10. OR 2009-176

Postponed to 6/4/10 Continued Meeting

LIQUOR COMMISSION
Agency Store Rules

(JLCAR Deadline June 8, 2010.)

(Formerly Item 14(c) on 4-16-10 and 5-7-10 agendas.)

 

 

11. BOARD OF EDUCATION

 

 

(a)  FP 2009-187

Approval with Understanding

Home Education

(JLCAR Deadline June 14, 2010.)

 

 

(b)  OR 2009-191

Revised Objection

Approval of Nonpublic Schools

(JLCAR Deadline July 21, 2010.)

 

 

12. FP 2010-16

Conditional Approval

FISH AND GAME DEPARTMENT

Fish and Game 2010/2011 Wildlife Rules

(JLCAR Deadline June 18, 2010.)

 

 

13. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2010-18

Postponed to 6/4/10 Continued Meeting

Former Division of Human Services

Hospice Services

(JLCAR Deadline June 21, 2010.)

 

 

(b)  FP 2010-20

Postponed to 6/4/10 Continued Meeting

Former Division of Public Health Services

Ambulatory Surgical Centers

(JLCAR Deadline June 21, 2010.)

 

 

(c)  FP 2010-21

Postponed to 6/4/10 Continued Meeting

Former Division of Mental Health and Developmental Services

Family Supports and Services to Children and Young Adults with Chronic Health Conditions

(JLCAR Deadline June 21, 2010.)

 

 

14.    LUNCH BREAK

 

 

15. Discussion on amendments to Drafting and Procedure Manual for Administrative Rules.

Postponed to 6/4/10 Continued Meeting

 

 

16. Responses to Preliminary Objections Made in November 19, 2009 Meeting But Not Yet Received by Committee Staff:

 

 

(a)  OR 2008-165

Postponed to 6/4/10 Continued Meeting

BOARD OF MENTAL HEALTH PRACTICE

Practice and Procedure Rules

(No JLCAR deadline, because agency's objection response deadline was waived.)

 

 

(b)  OR 2008-166

Postponed to 6/4/10 Continued Meeting

BOARD OF MENTAL HEALTH PRACTICE

Licensing Requirements, Ethical and Professional Standards, Investigating Allegations, Disciplinary Sanctions, Continuing Education Requirements for Licensees

(No JLCAR deadline, because agency's objection response deadline was waived.)

 

 

17. Responses to Preliminary Objections Made in May 7, 2010 Meeting But Not Yet Received by Committee Staff:

 

 

(a)  OR 2009-130

Postponed to 6/4/10 Continued Meeting

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Former Division of Mental Health and Developmental Services

Eligibility Determination and Service Planning for Individuals With An Acquired Brain Disorder

(JLCAR Deadline August 10, 2010.)

 

 

OTHER BUSINESS

 

18. Other