JOINT LEGISLATIVE COMMITTEE ON
ADMINISTRATIVE RULES
Action Minutes
JUNE 4, 2010
Members Present: Representatives Pilotte, Schmidt, Gottling, Millham, Boyce*,
(**) 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. Schmidt, Gottling, Millham, Kidder, and Sad.
Sen. Cilley and Rep. Taylor arrived after the meeting was
convened.
Rep. Pilotte appointed Reps. Kidder, Sad, and
2. The Committee discussed the minutes of the
Committee meeting on May 21, 2010.
Rep. Schmidt moved that the minutes be approved.
Repl. Gottling seconded.
Adopted.
3. 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 next Committee meeting on June 18, 2010:
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16. Responses to Preliminary Objections Made in November 19, 2009
Meeting But Not Yet Received by Committee Staff: |
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(a) OR 2008-165 |
BOARD OF MENTAL HEALTH PRACTICE Practice and Procedure Rules (No JLCAR deadline, because agency's
objection response deadline was waived.) |
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(b) OR 2008-166 |
BOARD OF MENTAL HEALTH PRACTICE Licensing Requirements, Ethical and Professional Standards,
Investigating Allegations, Disciplinary Sanctions, Continuing Education
Requirements for Licensees (No JLCAR deadline, because
agency's objection response deadline was waived.) |
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17. Responses
to Preliminary Objections Made in May 7, 2010 Meeting But Not Yet Received by
Committee Staff: |
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(a) OR 2009-130 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Eligibility
Determination and Service Planning for Individuals With An Acquired Brain
Disorder (JLCAR Deadline August 10, 2010.) |
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OTHER BUSINESS |
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18. Other |
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Rep. Taylor seconded.
Adopted.
4. The Committee discussed the response of the
Liquor Commission to the Committee’s preliminary objection to Final Proposal
2009-176 (Agency Store Rules). Eddie
Edwards testified for the Commission.
Rep. Boyce arrived during the discussion of this item. Rep. Pilotte appointed Rep. Boyce as an
alternate for Sen. Carson, who was absent.
Rep. Casey arrived later during the discussion of this item. Rep. Pilotte appointed Rep. Casey as an alternate for Sen. Letourneau, who was absent.
Rep. Taylor left the meeting during the discussion of this item.
Eddie Edwards requested a revised objection, on behalf of the
Commission, to clarify in Liq 508.06(b) that “it”, in the phrase “actions
brought against it”, is the State of
Rep. Schmidt moved that the Committee make a revised objection
to the preliminary objection response as requested.
Rep. Millham seconded.
Adopted.
5. The Committee discussed Final Proposal 2010-18
from the Department of Health and Human Services (Former Division of Human
Services, Hospice Services). Lisabritt
Solsky testified for the Department.
Jane Hybsch also represented the Department.
The Department had requested a conditional approval in a letter
and amended rule dated June 1, 2010.
Sen. Cilley left the meeting during the discussion of this item.
Rep. Schmidt moved that the Committee accept the conditional
approval request and conditionally approve Final Proposal 2010-18 based on the
request.
Rep. Millham seconded.
Adopted.
Rep. Sad left the meeting at this time.
6. The Committee discussed Final Proposal 2010-20
from the Department of Health and Human Services (Former Division of Public
Health Services,
The Department had requested a conditional approval in a letter
and amended rule dated June 1, 2010.
Sen. Cilley, Rep. Sad, and Rep. Taylor returned to the meeting
during the discussion of this item.
Rep. Casey moved that the Committee accept the conditional
approval request and conditionally approve Final Proposal 2010-20 based on the
request.
Rep. Gottling seconded.
Adopted.
7. The Committee discussed Final Proposal 2010-21
from the Department of Health and Human Services (Former Division of Mental
Health and Developmental Services, Family Supports and Services to Children and
Young Adults with Chronic Health Conditions).
Elizabeth Collins and Alicia L’Esperance testified for the Department.
The Department had requested a conditional approval in a letter
and amended rule dated May 24, 2010.
Rep. Millham moved that the Committee accept the conditional
approval request and conditionally approve Final Proposal 2010-21 based on the
request.
Rep. Boyce seconded.
Adopted.
8. The Committee discussed amendments to the Drafting
and Procedure Manual for Administrative Rules.
No Committee action was taken at this time, although it was again the consensus of the Committee that the proposed amendments to the Manual would be more thoroughly reviewed by the Committee, and proposed for agency comment, in the summer to address changes in RSA 541-A this session and procedures on electronic filing, including electronic signatures.
It was also the consensus of the Committee that a draft of the
amended Manual be sent to the Committee members electronically when it
is prepared.
9. The Committee discussed the response, not yet
received, by the Department of Health and Human Services to the Committee’s
preliminary objection to Final Proposal 2009-130 (Former Division of Mental
Health and Developmental Services, Eligibility Determination and Service
Planning for Individuals With An Acquired Brain Disorder).
No further action was taken by the Committee.
10. Rep. Schmidt moved that the Committee adjourn.
Rep. Gottling seconded.
Adopted.
The Committee adjourned at 11:07 a.m.