JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

Action Minutes

 

JUNE 26, 2009

 

 

Members Present:   Representatives Pilotte, Schmidt, Millham, Taylor*, and Sad*, and Senators Cilley, Merrill, and Carson*.  (*)  Indicates alternate member.

 

(**)  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 9:04 a.m. by Rep. Pilotte as Vice-Chair.

 

     Members present at this time, aside from Rep. Pilotte, were Reps. Schmidt, Millham, Taylor, and Sad, and Sens. Cilley and Merrill.

 

     Rep. Pilotte appointed Rep. Sad and Rep. Taylor as alternates, respectively, for Rep. Patten and Rep. Gottling, who were absent.

 

2.  The Committee discussed the minutes of the Committee meeting on June 19, 2009.

 

     Rep. Sad moved that the minutes be approved.

 

     Sen. Cilley seconded.

 

     Adopted.

 

3.  The Committee discussed whether to postpone action on the following item to another meeting:

 

 

 

16.(c)    FP 2009-60

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Development Services

Approval and Operation of Community Mental Health Programs

(JLCAR Deadline July 20, 2009.)

 

     Raymond Perry testified for the Department of Health and Human Services.

 

     Rep. Schmidt moved that the Committee postpone Final Proposal 2009-60 to the regular Committee meeting on July 16, 2009.

 

     Sen. Merrill seconded.

 

     Adopted.

 

4.  The Committee discussed Final Proposal 2009-53 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Clinical Records).  Raymond Perry and Erik Riera testified for the Department.

 

     Sen. Carson arrived during the discussion of this item.

 

     The Department had submitted a request for conditional approval in a letter and amended rule dated June 24, 2009.

 

     The Committee took no action at this time but went to the next item.

 

5.  The Committee discussed Final Proposal 2009-54 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Admissions to Glencliff Home).  Raymond Perry and Erik Riera testified for the Department.

 

     The Committee discussed the issue of expired rules and HB 252, since the rules in Final Proposal 2009-54 had expired in December, 2007.

 

     Rep. Pilotte appointed Sen. Carson as an alternate for Sen. Letourneau, who was absent.

 

     Sen. Carson moved that the Committee approve Final Proposal 2009-54.

 

     Sen. Merrill seconded.

 

     Adopted.

 

6.  The Committee discussed Final Proposal 2009-47 from the Board of Home Inspectors (Organizational Rules).  Louise Lavertue and David Roth testified for the Board.

 

     Rep. Schmidt moved that the Committee approve Final Proposal 2009-47.

 

     Rep. Millham seconded.

 

     Adopted.

 

7.  The Committee resumed discussion on Final Proposal 2009-53 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Clinical Records).

 

     Rep. Schmidt moved that the Committee accept the Department’s conditional approval request and approve the rules based on the request but with the following amendments: (1) Insert the word “that” after “means” in He-M 408.02 (t), and (2) Insert the words “and the reasons for failure, if any, to meet the goals or objectives” after “the reporting quarter” in He-M 408.10 (d)(5).

 

     Sen. Cilley seconded.

 

     Adopted.

 

8.  The Committee discussed Final Proposal 2009-50 from the Board of Home Inspectors (Rules Regarding Applications and Qualifications for Licensure, Fees, Renewals, Continuing Education, and Ethical Standards and Standards of Conduct).  Louise Lavertue, David Roth, and Carla Horn testified for the Board.

 

     Sen. Cilley moved that the Committee conditionally approve Final Proposal 2009-50 on the condition that the following amendments be made, and with the understanding that Home 301.04 (3) contains the words “per month late fee totaling $680.00” at the end of the paragraph:

 

(1)  Insert the word “pre-licensing” before the word “education” in Home 302.02 (c)(1) and before the word “course” in Home 302.03 (b).

 

(2)  Delete the words “or a violation” in Home 401.03 (f) and insert “or” before “any misdemeanor” in that rule;

 

(3)  Delete subparagraphs Home 402.03 (e)(3) and (f)(2) and re-letter subsequent paragraphs;

 

(4)  Move and renumber Home 603.01 (f) as Home 601.01 (c), insert the paragraph in Home 601.01, and re-letter Home 603.01 (g)-(i) as Home 603.01 (f)-(h).

 

     Rep. Millham seconded.

 

     Adopted.

 

9.  Rep. Schmidt moved that the Committee adjourn.

 

     Sen. Cilley seconded.

 

     Adopted.

 

     The Committee adjourned at 11:25 a.m., effectively postponing the following item to the regular Committee meeting on July 16, 2009:

 

 

 

OTHER BUSINESS

 

17. Other