JOINT LEGISLATIVE COMMITTEE ON
ADMINISTRATIVE RULES
Action Minutes
OCTOBER 21, 2010
Members Present: Representatives Pilotte, Patten, Schmidt, Gottling, Millham,
Taylor*, Kidder*, and Sad*. (*) Indicates alternate members.
(**)
Part 1, Article 28-a of the N.H.
Constitution was not an issue in the Committee’s discussions or decisions in this
meeting.
1. The meeting was convened at 9:03 a.m. by Rep. Pilotte as Vice-Chair.
Members present at this time, aside from Rep. Pilotte, were Reps. Patten, Schmidt, Gottling, Millham, Kidder, and Sad.
Rep. Pilotte appointed Reps. Sad and Kidder as alternates, respectively, for Senators Cilley and Letourneau who were absent.
2. The Committee discussed the minutes of the Committee meeting on October 7, 2010.
Rep. Schmidt moved that the minutes be approved.
Rep. Gottling seconded.
Adopted.
3. The Committee discussed the following Final Proposals from the agencies indicated (Consent Agenda – Final Proposals):
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FP 2010-51 |
OFFICE OF LICENSED ALLIED HEALTH PROFESSIONALS Organizational Rules |
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FP 2010-52 |
OFFICE OF LICENSED ALLIED HEALTH PROFESSIONALS Procedural Rules |
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FP 2010-57 |
BOARD OF EDUCATION Endorsement Educator Technology Integrator See
* below |
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FP 2010-78 |
HEALTH SERVICES PLANNING AND REVIEW BOARD Cardiac
Catheterization Data Reporting |
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FP 2010-80 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Air Related Programs Testing and Monitoring Procedures |
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FP 2010-82 |
PEASE
DEVELOPMENT AUTHORITY Division
of Ports and Harbors Harbor
Masters |
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FP 2010-94 |
FISH AND GAME DEPARTMENT NH/VT Reciprocity for Snowmobile Trails for
a Weekend |
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FP 2010-95 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Pharmaceutical
Services |
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FP 2010-96 |
FISH AND GAME DEPARTMENT Marine
Rules Relative to Groundfish, Clams and Other Mollusks |
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*The only issue with this final proposal is
that the agency continued to operate under expired rules as noted in the fiscal impact statement. |
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Rep. Sad moved that the Final Proposals be approved.
Rep. Schmidt seconded.
Adopted.
4. The Committee discussed whether to postpone action on certain items to another meeting.
Rep. Schmidt moved that the Committee postpone action on the following items to the continued meeting on November 4, 2010.
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12. BOARD OF MENTAL HEALTH PRACTICE |
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(a) ROR 2008-165 |
Practice and Procedure Rules (JLCAR
Deadline November 23, 2010.) (Formerly Item #16 on 10-7-10 agenda.) |
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(b) ROR 2008-166 |
Licensing Requirements, Ethical and Professional Standards, Investigating Allegations, Disciplinary Sanctions, Continuing Education Requirements for Licensees (JLCAR Deadline January 12, 2011.) |
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13. Response to Preliminary Objection Made in
September 24, 2010 Meeting But Not Yet Received by Committee Staff: |
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OR 2010-67 |
INSURANCE DEPARTMENT (JLCAR
Deadline December 28, 2010.) |
Rep. Gottling seconded.
Adopted.
5. The Committee discussed Final Proposal 2010-60 from the Insurance Department (Parity in Mental Health and Substance Use Disorder Benefits). Leslie Ludtke testified for the Department.
Rep. Taylor arrived during the discussion of this item. Rep. Pilotte appointed Rep. Taylor as an alternate for Sen. Fuller Clark, who was absent.
Rep. Schmidt moved that the Committee conditionally approve Final Proposal 2010-60 on the condition that the words “Pursuant to 29 CFR 2590,” be inserted before the words “For group health coverage” at the beginning of Ins 2702.09.
Rep. Taylor seconded.
Adopted.
6. The Committee discussed Final Proposal 2010-66 from the Insurance Department (Uniform Reporting System for Uninsured Patient Encounter Data). Leslie Ludtke and Tyler Brannan testified for the Department.
The following persons also testified:
Vanessa Santarelli, representing the Bi-State Primary Care Association.
Leslie Melby, representing the N.H. Hospital Association, which had also submitted written testimony from Paul Minnehan.
Janet Monahan, representing the N.H. Medical Society.
Rep. Schmidt moved that the Committee approve Final Proposal 2010-66.
Rep. Gottling seconded.
After further discussion, Rep. Schmidt amended his motion to include a recommendation that the issue of inconsistencies in data collection be raised with the chairs of the appropriate standing committees of the House and Senate.
Rep. Gottling amended her second.
Adopted.
7. After
a break, with Reps. Pilotte, Patten, Schmidt, Gottling, Millham,
The Board had requested a conditional approval in an amended rule dated December 8, 2010 [sic] but received on October 21, 2010.
Rep. Patten moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2010-73 based on the request.
Rep. Taylor seconded.
Adopted.
8. The Committee discussed Final Proposal 2010-46 from the Department of Safety (Voluntary Certification of Fire Prevention Equipment Technicians Rules). Sheri Kelloway and Deputy Fire Marshal Robert B. Farley testified for the Department.
The following persons also testified:
Dan Boisvert of N.H. Electric testifying for Mark P. Weissflog of K.W. Management, Inc.
Leonard A. Daniels, representing the H.H. FPTCAC Advisory Committee.
John Mooney, representing the N.H. Advisory Committee.
Bruce Berke, representing the Electrical Contractors Business Association.
John Gimas, representing Gimas Electrical Corp.
Henry J. Szumiesz, representing Longchamps Electric, Inc., registered his opposition to the rules but did not speak.
Rep. Kidder returned during the testimony of Bruce Berke.
The following persons testified after John Gimas:
Steven Rancourt, representing himself.
Donald Mendzeln, representing Gerard A. Laflamme, Inc.
Rep. Millham moved that the Committee conditionally approve Final Proposal 2010-46 on condition that (1) Saf-C 103.02(b)(1) be amended to read: “Name, address, telephone number, and optional e-mail address of the business,” and (2) Saf-C 1204.03(b)(1) be amended to read: “Name, address, telephone number, and optional e-mail address of the individual”.
Rep. Kidder seconded.
Adopted.
9. The Committee discussed Final Proposal 2010-69 from the Postsecondary Education Commission (Rules Governing the Evaluation of Institutions of Higher Learning). Patti Edes and James H. Craiglow testified for the Commission.
The Commission had requested a conditional approval in an amended rule dated September 12, 2010 [sic] but received on October 20, 2010.
Jodi
Grimbilas, representing
Rep. Schmidt moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2010-69 based on the request.
Rep. Patten seconded.
Adopted.
10. The Committee discussed the filing deadlines for rulemaking notices for the Rulemaking Register and the publication date of the Register as specified in the Drafting and Procedure Manual for Adminstrative Rules.
It was the consensus of the Committee to take no action to amend the Manual on these issues at this time, but to amend RSA 541-A to address online publication of the Rulemaking Register.
11. Rep. Gottling moved that the Committee recess.
Rep. Taylor seconded.
Adopted.
The Committee recessed at 1:05 p.m.