JOINT
LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
REGULAR MEETING
TENTATIVE AGENDA
AUGUST 19, 2021 - 9:00 a.m.
ROOM 100 STATE HOUSE
Senate
Members of JLCAR |
House
Members of JLCAR |
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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: |
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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 Revisions to Form
EXIR – Expedited Amendment to Incorporation by
Reference
CONSENT AGENDA |
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2. 9:05
a.m. Committee Approval of Final
Proposals: |
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(a) FP 2021-9 Approval |
BOARD
OF ACUPUNCTURE LICENSING Degree
Requirements and Waivers Thereof (JLCAR
Deadline August 27, 2021.) |
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(b) FP 2021-40 Approval |
DEPARTMENT
OF SAFETY Commissioner Statewide
Incident Command System (JLCAR Deadline
September 13, 2021.) |
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(c)
FP 2021-52 Approval |
DEPARTMENT
OF ENVIRONMENTAL SERVICES Air
Related Programs Mitigation
of Regional Haze (JLCAR
Deadline September 20, 2021.) |
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3. 9:10 a.m.
Committee Conditional Approvals: |
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(No items) |
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4. 9:15 a.m.
Committee Acceptance of Agency Responses to Objections: |
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(No
items) |
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5. 9:16 a.m.
Committee Issuance of Preliminary or Revised Objections to Final
Proposals: |
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(No
items) |
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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: |
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Conditionally Approved December 17, 2020: |
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FP
2020-78 |
BOARD OF MENTAL HEALTH PRACTCE Ethical and Professional Standards,
Responsbilities of Licensees (Response
received July 14, 201 and confirmed July 16, 2021.) |
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Conditionally Approved June 18, 2021: |
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FP 2021-6 |
BOARD OF VETERINARY MEDICINE Organizational and Procedural Rules (Converted to preliminary objection. See response in Item # 13(a).) |
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FP 2021-8 |
BOARD OF MEDICINE Physician Assistants (Response received August 3, 2021 and
confirmed August 3, 2021.) |
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FP
2021-27 |
BOARD OF MEDICINE Definitions and Opioids for Chronic Pain (Response received August 4, 2021 and
confirmed August 4, 2021.) |
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FP
2021-29 |
REAL ESTATE COMMISSION Filing Requirements to Take the Licensing
Examination and Continuing Course Objectives (Response received July 20, 2021 and
confirmed July 20, 2021.) |
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FP 2021-37 |
GOVERNING BOARD OF RESPIRATORY CARE
PRACTITIONERS Continued Status (Response not received by deadline. Conditional approval converted into a preliminary
objection. Objection response deadline
of August 2, 2021 also exceeded, which terminated the rulemaking proceeding.) |
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Conditionally
Approved July 15, 2021: |
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FP 2020-53 |
N.H. PHARMACY BOARD Mail Order/Nonresident Pharmacies (Response received July 29, 2021 and confirmed July 29, 2021.) |
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FP 2021-11 |
BOARD OF REGISTRATION OF FUNERAL DIRECTORS
AND EMBALMERS Applications, Continuing Education Requirements,
and Inspections (Response received August 11, 2021 and
confirmed August 11, 2021.) |
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FP 2021-30 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Water Quality and Quantity Programs Pretreatment of Industrial Wastewater (Response received July 22, 2021 and
confirmed July 22, 2021.) |
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FP 2021-41 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Division of Elderly and Adult Services Nursing Assistant Training Reimbursement (Response received July 19, 2021 and confirmed July 22,
2021.) |
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FP 2021-51 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services New Hampshire Nursing Home Rules (Response received July 19, 2021 and confirmed July 23,
2021.) |
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REGULAR AGENDA |
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6. 9:18 a.m. Consider postponing
action on certain items to another meeting. |
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7. 9:20 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES |
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(a)
FP 2021-43 Approval |
Former Division of Mental Health and
Developmental Services Transfers to and from the Secure Psychiatric
Unit (JLCAR Deadline September 20, 2021.) |
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(b)
Discussion on the following emergency rule: |
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ER Doc.
#13250 No Further Action |
Former Division of Mental Health and
Developmental Services Conditional Discharge (Effective
August 6, 2021. Scheduled to expire
February 2, 2022.) |
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8. 9:30 a.m.
DEPARTMENT
OF SAFETY |
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Discussion on the following emergency rule: |
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ER Doc. #13247 No Further Action |
Commissioner Tuition Fees for Certification of Firefighter I and
II Training Programs (Effective August 3, 2021. Scheduled to expire
January 30, 2022.) |
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9. 9:35
a.m. DEPARTMENT OF BUSINESS AND
ECONOMIC AFFAIRS |
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FP
2021-50 Preliminary Objection |
Joint Promotional Program (JPP) (JLCAR Deadline September 13, 2021.) |
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10.
9:40 a.m. PESTICIDE CONTROL
BOARD |
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FP 2021-48 Conditional Approval |
Pesticide Certification Procedures,
Continued Status, Record Keeping, and Reporting (JLCAR Deadline September 27, 2021.) |
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11.
9:50 a.m. BOARD OF ACUPUNCTURE
LICENSING |
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FP 2021-24 Conditional Approval |
Board Office and Initial Application Form (JLCAR Deadline August 27, 2021.) |
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12. 10:00 a.m.
OFFICE OF PROFESSIONAL LICENSURE AND CERTIFICATION |
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INT 2021-3 Conditional Approval |
Microblading Certification (JLCAR Deadline November 3, 2021. Rule implements 2021, 60 (HB 70), effective
July 1, 2021.) |
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13.
10:15 a.m. BOARD OF VETERINARY
MEDICINE |
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(a)
OR 2021-6 Accepted/Approved |
Organizational and Procedural Rules (JLCAR Deadline September 21, 2021.
Conditional approval June 18, 2021 had converted into a preliminary
objection.) |
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(b) Discussion on the following emergency rule: |
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ER Doc. #13235 No Further Action |
Veterinary Continuing Education (Effective July 15, 2021. Scheduled to expire January 11, 2022.) |
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14. 10:20
a.m. BOARD OF DENTAL EXAMINERS |
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Discussion
on the following emergency rules: |
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(a)
ER Doc. #13232 No Further Action |
Dental Hygiene Application Procedure—Manikin
Examination (Effective July 15, 2021. Scheduled to expire January 11, 2022.) |
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(b)
ER Doc. #13233 No Further Action |
Dental Application Procedure—Manikin
Examination (Effective July 15, 2021. Scheduled to expire January 11, 2022.) |
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(c)
ER Doc. #13251 No Further Action |
Manner of Payment of Anesthesia/Sedation
Inspection Fee (Effective August 11, 2021. Scheduled to expire February 7, 2022.) |
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15.
10:25 a.m. BOARD OF NURSING
HOME ADMINISTRATORS |
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Discussion on the following emergency rule: |
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ER Doc. #13234 No Further Action |
Nursing Home Administrators Continuing Education
Hours Effective July 15, 2021. Scheduled to expire January 11, 2022.) |
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16. 10:30 a.m. BOARD OF EDUCATION |
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INT 2021-2 Conditional Approval |
Education Freedom Accounts Program (JLCAR Deadline November 3, 2021. Rule implements 2021, 91:431-432 (HB 2),
effective August 27, 2021.) |
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OTHER BUSINESS |
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17. 11:30 a.m. |
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