JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
OCTOBER 29, 2009
Members Present: Representatives Pilotte, Schmidt, Gottling, Millham, and Kidder*,
and Senator Carson. (*) Indicates alternate member.
(**) Indicates where Part 1, Article 28-a of the N.H. Constitution was an issue in the Committee’s discussions or decisions in this meeting. (See Final Proposal 2009-123 in Items #4 and #18. However, that final proposal was conditionally approved.)
1. At 9:30 a.m., Rep. Pilotte as Vice-Chair noted that a quorum was not yet present.
Members present at this time, aside from Rep. Pilotte, were Reps. Schmidt, Gottling, and Kidder, and Sen. Carson.
It was the consensus of the Committee members present to take testimony and discuss items, without taking any action until a quorum was present.
2. The Committee discussed Final Proposal 2009-124 from the Department of Health and Human Services (Former Division of Human Services, Pharmaceutical Services). Lisabritt Solsky and Dr. Doris Lotz testified for the Department.
With a quorum not yet present, the Committee took no action at this time.
3. The Committee discussed Final Proposal
2009-125 from the Department of Health and Human Services (Commissioner, Drug
Use Review Board). Lisabritt Solsky and
Dr. Doris Lotz represented the Department.
James Demers testified for the
Pharmaceutical Research and Manufacturers of America (PhRMA) and submitted
written testimony from Marjorie E. Powell, Senior Assistant General Counsel of
PhRMA.
With a quorum not yet present, the
Committee took no action at this time.
**4. The Committee discussed Final Proposal
2009-123 from the Department of Health and Human Services (Former Division of
Public Health Services, Food Protection Programs – Fee/Fine Increases). Kathryn Frey and Joyce Welch testified for
the Department.
Sen. Maggie Wood Hassan had previously
submitted written testimony dated October 14, 2009.
With a quorum not yet present, the
Committee took no action at this time.
5. The Committee briefly discussed the following
Final Proposals from the Department of Health and Human Services:
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FP 2009-68 |
Former Division of Mental Health and Developmental Services Complaint Resolution Procedures for Family Centered Early Supports and Services |
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FP 2009-69 |
Former Division of Mental Health and Developmental Services Family Centered Early Supports and Services |
With a quorum not yet present, the
Committee took no action at this time.
6. The Committee discussed an emergency rule
filed by the Department of Health and Human Services (Former Office of Alcohol
and Drug Abuse Prevention, Phase II Programs – Amendments to He-A 900) in
Document #9578, effective October 23, 2009.
No action was taken.
7. The Committee discussed Final Proposal
2009-129 from the Department of Health and Human Services (Former Division of
Mental Health and Developmental Services, Committee for the Protection of Human
Subjects). Raymond Perry testified for
the Department.
With a quorum not yet present, the
Committee took no action at this time.
8. The Committee discussed Final Proposal 2009-68
from the Department of Health and Human Services (Former Division of Mental
Health and Developmental Services, Complaint Resolution Procedures for Family
Centered Early Supports and Services).
Kenneth Nielsen testified for the Department. Matthew Ertas and Lorene Reagan also
represented the Department.
Bonnie Dunham briefly testified, and had
submitted written testimony.
With a quorum not yet present, the
Committee took no action at this time.
9. The Committee discussed Final Proposal 2009-69
from the Department of Health and Human Services (Former Division of Mental
Health and Developmental Services, Family Centered Early Supports and
Services). Kenneth Nielsen, Matthew
Ertas, and Lorene Reagan testified for the Department.
The Department had submitted a conditional
approval request in a letter and amended rule dated October 28, 2009.
Written testimony had been submitted by
Bonnie Dunham and by the
Kenneth Nielsen, on behalf of the Department,
orally requested the following amendments to the Department’s conditional
approval request: (1) amend He-M 510.03(t) by inserting, at the end of the
sentence, the words “as well as other services authorized by the department
that meet the intent and purpose and are consistent with evidence-based,
nationally recognized treatment standards”; (2) amend He-M 510.05(d) by
inserting the words “timely and” immediately after the words “shall be”; and
(3) amend He-M 510.14(e) by inserting, at the end of the sentence, the words
“in accordance with the Family Educational Rights and Privacy Act
(FERPA)”.
With a quorum not yet present, the
Committee took no action at this time.
10. The Committee discussed again Final Proposal
2009-68 from the Department of Health and Human Services (Former Division of
Mental Health and Developmental Services, Complaint Resolution Procedures for
Family Centered Early Supports and Services).
Kenneth Nielsen testified for the Department.
On behalf of the Department, Kenneth Nielsen
requested a conditional approval to amend He-M 203.02(k)(3) by changing the
reference “(f) above” to “(g) above” in the rule, and to amend He-M 203.04(d)
by inserting the word “or” before “Part C of IDEIA”.
With a quorum not yet present, the Committee
took no action at this time.
11. The Committee discussed again Final Proposal
2009-69 from the Department of Health and Human Services (Former Division of
Mental Health and Developmental Services, Family Centered Early Supports and
Services). Kenneth Nielsen testified for
the Department.
On behalf of the Department, Kenneth
Nielsen orally requested a further amendment to the Department’s conditional
approval request of October 28, 2009, by inserting the word “possible”
immediately after the word “earliest” in He-M 510.07(e)(12).
Bonnie Dunham testified briefly.
With a quorum not yet present, the
Committee took no action at this time.
12. The Committee discussed the response of the
N.H. Retirement System to the Committee’s preliminary objection to Final
Proposal 2009-104 (Code of Ethics).
Peter T. Foley testified for the Retirement System.
Rep. Millham arrived during the discussion
of this item, thereby creating a quorum of the Committee.
The Committee took no action at this time.
13. Rep. Pilotte as Vice-Chair convened the
meeting at 10:55 a.m.
Members now present, aside from Rep.
Pilotte, were Reps. Schmidt, Gottling, Millham, and Kidder, and Sen. Carson.
Rep. Pilotte appointed Rep. Kidder as an
alternate for Rep. Patten, who was absent.
14. The Committee discussed the minutes of the
Committee meeting on October 15, 2009.
Rep. Schmidt moved that the Committee
approve the minutes, with the correction to Item #5 on page 3, where “approved”
should be changed to “approve”.
Rep. Gottling seconded.
Adopted.
15. The Committee discussed whether to postpone action
on certain items to another Committee meeting.
Rep. Schmidt moved that the Committee
postpone action on the following item to the regular Committee meeting on
November 19, 2009:
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10. OR
2009-79 |
PUBLIC UTILITIES COMMISSION Utility Pole Attachments (JLCAR
Deadline December 8, 2009.) |
Sen. Carson seconded.
Adopted.
16. The Committee discussed again Final Proposal
2009-124 from the Department of Health and Human Services (Former Division of
Human Services, Pharmaceutical Services).
Rep. Schmidt moved that the Committee
approve Final Proposal 2009-124.
Rep. Kidder seconded.
Adopted.
17. The Committee discussed again Final Proposal
2009-125 from the Department of Health and Human Services (Commissioner, Drug
Use Review Board).
Rep. Schmidt moved that the Committee
approve Final Proposal 2009-125.
Rep. Gottling seconded.
Adopted.
**18. The Committee discussed again Final Proposal
2009-123 from the Department of Health and Human Services (Former Division of
Public Health Services, Food Protection Program – Fee/Fine Increases). Kathryn Frey and Joyce Welch testified for
the Department.
On behalf of the Department, Kathryn
Frey requested a conditional approval to amend He-P 2302.06(a)(9) to read: “Class O: $100, except that there shall be no
fee for public schools.”
Rep. Schmidt moved that the Committee
accept the conditional approval request and conditionally approve Final
Proposal 2009-123 based on the request.
Rep. Kidder seconded.
Adopted. Rep. Pilotte noted for the record that Sen.
Carson voted “no”.
19. The Committee discussed again Final Proposal
2009-68 from the Department of Health and Human Services (Former Division of
Mental Health and Developmental Services, Complaint Resolution Procedures for
Family Centered Early Supports and Services).
It was the consensus of the Committee that
the changes to Final Proposal 2009-68 in Kenneth Nielsen’s prior conditional
approval request could be made editorially at the time of adoption.
Rep. Schmidt moved that the Committee
approve Final Proposal 2009-68.
Sen. Carson seconded.
Adopted.
20. The Committee discussed again Final Proposal
2009-69 from the Department of Health and Human Services (Former Division of
Mental Health and Developmental Services, Family Centered Early Supports and
Services).
Rep. Gottling moved that the Committee
accept the Department’s conditional approval request of October 28, 2009 as
amended orally in the Committee meeting, and conditionally approve Final
Proposal 2009-69 based on the request.
Sen. Carson seconded.
Adopted.
21. The Committee discussed again Final Proposal
2009-129 from the Department of Health and Human Services (Former Division of
Mental Health and Developmental Services, Committee for the Protection of Human
Subjects).
Sen. Carson moved that the Committee
approve Final Proposal 2009-129.
Rep. Schmidt seconded.
Adopted.
22. The Committee discussed again the emergency
rule filed by the Department of Health and Human Services (Former Division of
Alcohol and Drug Abuse Prevention, Phase II Programs - Amendments to He-A 900)
in Document #9578, effective October 23, 2009.
Michael Holt testified for the Department.
It was the consensus of the Committee to
take no further action.
23. The Committee discussed again the response by
the N.H. Retirement System to the Committee’s preliminary objection to Final
Proposal 2009-104 (Code of Ethics).
Rep. Schmidt moved that the Committee
accept the response and approve the rules.
Rep. Gottling seconded.
Adopted.
24. The Committee discussed the postponement of
the following items to the next Committee meeting:
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11. Response to Preliminary Objection Made in
September 17, 2009 Meeting But Not Yet Received by Committee Staff: |
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OR 2009-96 |
DEPARTMENT OF SAFETY Board of Electricians Practice and
Procedural Rules and Bureau of Electrical Safety and Licensing Rules (JLCAR
Deadline December 22, 2009.) |
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12(b). Response
to Preliminary Objection Made in October 1, 2009 Meeting But Not Yet Received
by Committee Staff: |
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(b) OR 2009-95 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner Allocation and Distribution of Incentive Fund Grants (JLCAR Deadline January 5, 2010.) |
Bruce Berkey testified briefly relative to
Objection Response 2009-96.
It was the consensus of the Committee that
these items be postponed to the regular Committee meeting on November 19, 2009.
25. Rep. Schmidt moved that the Committee adjourn.
Rep. Kidder seconded.
Adopted.
The Committee adjourned at 11:40 a.m.