JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

Action Minutes

 

FEBRUARY 4, 2011

 

 

Members Present:   Representatives Patten, Pilotte, McGuire, Schmidt, Manuse, Kidder*, Sad*, Tremblay*, and Winter*, and Senators Groen and Kelly.  (*)  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. Patten as Chair.

 

     Members present at this time, aside from Rep. Patten, were Reps. Pilotte, Sad, Tremblay, and Winter, and Sens. Groen and Kelly.

 

     Rep. Patten designated Reps. Sad, Tremblay, and Winter as alternates, respectively, for Reps. Schmidt, McGuire, and Manuse, who were absent.

 

     Rep. McGuire arrived at this time.  Rep. Patten designated Rep. Tremblay as an alternate for Sen. De Blois, who was absent.

 

2.  The Committee discussed the minutes of the Committee continued meeting on January 7, 2011 and the Committee’s training/orientation meeting on January 14, 2011.

 

     Rep. Pilotte moved that the minutes be approved.

 

     Sen. Groen seconded.

 

     Adopted.

 

3.  The Committee discussed amending the Committee meeting schedule for 2011 which had been voted at the meeting on January 7, 2011.

 

     Rep. Sad moved that the continued meeting scheduled for Friday, June 24, 2011 be re-scheduled for Thursday, July 7, 2011.

 

     Rep. Winter seconded.

 

     Adopted.

 

4.  The Committee discussed the following Final Proposals from the agencies indicated (Consent Agenda – Final Proposals):

 

 

 

FP 2010-90

GOVERNING BOARD OF ATHLETIC TRAINERS

Clarification of Physician and Definition of Direction of a Physician

 

 

FP 2010-103

BOARD OF ARCHITECTS

Rules Regarding the Definition of "Architect Retired"

(Automatically approved after January 21, 2011.)

 

 

FP 2010-104

BOARD OF ARCHITECTS

Rules Regarding the Fee for Retired Status, Licensed Architect Seal/Stamp and Reinstatement

(Automatically approved after January 21, 2011.)

 

 

FP 2010-116

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Code of Ethics

 

 

FP 2010-122

RACING AND CHARITABLE GAMING COMMISSION

Submission, Review and Approval of Games of Chance Procedures

 

 

FP 2010-131

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Rights Protection Procedures for Developmental Services

 

 

FP 2010-136

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Federal Standards Annual Update

 

 

FP 2010-137

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Regulated Toxic Air Pollutants

 

 

FP 2010-138

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

Reinstatement of Licensure

 

 

FP 2010-139

DEPARTMENT OF ENVIRONMENTAL SERVICES

Division of Water

Control of Lead and Copper - Repeal

 

 

FP 2010-140

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Control of Lead and Copper

 

 

FP 2010-141

FISH AND GAME DEPARTMENT

Clarification to Certain Furbearer Rules; Amend Lists Relative to Importation and Possession of Certain Wildlife; and Readopting Wildlife Rehabilitation Rules

 

 

 

 

FP 2010-144

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Medical Assistance for Children with Severe Disabilities

 

 

FP 2010-145

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Former Division of Human Services

Medical Services Clinics

 

 

FP 2010-109

GOVERNING BOARD OF PHYSICAL THERAPISTS

Jurisprudence Examination

 

 

FP 2010-110

GOVERNING BOARD OF PHYSICAL THERAPISTS

Ethical Standards

 

     Rep. Schmidt arrived in the meeting during the discussion of this item.  Rep. Patten appointed Rep. Sad as an alternate for Sen. Lambert, who was absent.

 

     Rep. Pilotte moved that the Final Proposals be approved.

 

        Rep. Winter seconded.

 

     Adopted.

 

     Rep. Manuse arrived at this time.  Rep. Patten appointed Rep. Winter as an alternate for Sen. Merrill, who was absent.

 

5.  The Committee discussed Final Proposal 2010-134 from the Department of Labor (Compensation Appeals Board Hearing Rules).  Martin Jenkins, Department Counsel, and Pierre (Peter) Caron, Chairman of the Board, testified for the Department.

 

     The Department had submitted a conditional approval request in an amended rule dated January 20, 2011.

 

     Rep. Schmidt moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2010-134 based on the Request.

 

     Rep. McGuire seconded.

 

     Adopted.

 

6.  The Committee discussed Final Proposal 2010-135 from the Department of Labor (Regulation of Third Party Administrators).  Martin Jenkins, Department Counsel, testified for the Department.

 

     The Department had submitted a conditional approval request in an amended rule dated January 20, 2011.

 

     Rep. Kidder arrived during the discussion of this item but was not a voting member at this time.

 

     The Committee took no action at this time but moved on to the next item so that Committee staff could discuss with Mr. Jenkins possible amendments to the conditional approval request.

 

7.  The Committee discussed Proposed Interim Rule INT 2011-2 from the Department of Environmental Services (Air Related Programs, Prevention, Abatement and Control of Open Source Air Pollution).  Karla McManus and Gretchen Hamel testified for the Department.

 

     Rep. Pilotte moved that the Committee approve Proposed Interim Rule INT 2011-2.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

8.  The Committee resumed discussion of Final Proposal 2010-135 from the Department of Labor (Regulation of Third Party Administrators).  Martin Jenkins testified for the Department.

 

     Rep. Pilotte moved that the Committee accept the Department’s conditional approval request with further amendment to Lab 408.04(b) by inserting “or escrow account” after each reference to “surety bond”, and conditionally approve Final Proposal 2010-135 based on the request, as amended.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

     Rep. Winter left the meeting at this time.  Rep. Patten appointed Rep. Kidder as an alternate for Sen. Merrill, who was absent.

 

9.  The Committee discussed Proposed Interim Rule INT 2010-19 from the Department of Health and Human Services (Division of Elderly and Adult Services, Home and Community-Based Care for the Elderly and Chronically Ill (HCBC-ECI)).  Michael Holt testified for the Department.

 

     Rep. McGuire moved that the Committee approve Proposed Interim Rule INT 2010-19.

 

     Rep. Manuse seconded.

 

     Adopted.

 

10.   The Committee discussed Proposed Interim Rule INT 2011-1 from the Department of Health and Human Services (Former Office of Alcohol and Drug Abuse Prevention, Access to Recovery Program).  Michael Holt and Joseph Harding testified for the Department.

 

        The Department had submitted a conditional approval request in a letter and amended rule dated January 20, 2011.

 

        Sen. Kelly moved that the Committee accept the conditional approval request and conditionally approve Proposed Interim Rule INT 2011-1 based on the request.

 

        Rep. Schmidt seconded.

 

        Adopted. 

 

11.   The Committee discussed Final Proposal 2010-146 from the Department of Health and Human Services (Former Division of Human Services, Hospice Services – Waiver of Rights).  Valerie Brown testified for the Department.

 

        Rep. Pilotte moved that the Committee approve Final Proposal 2010-146.

 

        Rep. Kidder seconded.

 

        Adopted.

 

12.   The Committee discussed Final Proposal 2010-150 from the Department of Health and Human Services (Former Division of Human Services, Service Limits – Caps and Exemptions).  Michael Holt and Lisabritt Solsky testified for the Department.

 

        Sen. Kelly left the meeting as the discussion began on this item.

 

        The Department had submitted a conditional approval request in a letter and amended rule dated January 20, 2011.

 

        Rep. Manuse moved that the Committee make a preliminary objection to Final Proposal 2010-150 on the grounds that He-W 530.03(c) and (e) were contrary to legislative intent by conflicting with the purpose of House Bill 1 from the 2010 Special Session.

 

        Rep. Pilotte requested a roll call.

 

        The roll call vote was as follows:

 

 

YES

NO

Rep. Tremblay

X

 

Rep. Sad

X

 

Rep. Manuse

X

 

Rep. McGuire

X

 

Rep. Schmidt

X

 

Rep. Pilotte

 

X

Rep. Kidder

 

X

Rep. Patten

 

X

 

 

 

Sen. Groen

X

 

 

 

 

TOTAL

6

3

 

        The vote was 6 “yes” and 3 “no”.  The motion was adopted.

 

13.   The Committee discussed the response by the Board of Medicine to the Committee’s preliminary objection to Final Proposal 2010-70 (Definitions and Access to Public Records, Practice and Procedures, Fees, Licensure Requirements, Renewal, Continuing Medical Education and Ongoing Requirements, and Ethical Standards for Physicians, Supervision of Physical Assistants, Initial and Renewal Procedures and Fees for Physician Assistants).

 

        On January 7, 2011, the Committee had postponed action on this item to the continued Committee meeting on March 4, 2011.  It was now the consensus of the Committee to place this item on the agenda for the regular Committee meeting on February 18, 2011.

 

        The Committee discussed a Committee staff outline of the Committee staff’s annotations to the Final Proposal.

 

14.   Rep McGuire moved that the Committee adjourn.

 

        Rep. Schmidt seconded.

 

        Adopted.

 

        The Committee adjourned at 11:29 a.m.