JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

Action Minutes

 

JUNE 4, 2010

 

 

Members Present:   Representatives Pilotte, Schmidt, Gottling, Millham, Boyce*, Taylor*, Casey*, Sad*, and Kidder*, and Senator Cilley.  (*)  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 9:03 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 Taylor as alternates, respectively, for Rep. Patten, Sen. Fuller Clark, and Sen. Merrill , who were absent.

 

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:

 

 

 

16. Responses to Preliminary Objections Made in November 19, 2009 Meeting But Not Yet Received by Committee Staff:

 

 

(a)  OR 2008-165

BOARD OF MENTAL HEALTH PRACTICE

Practice and Procedure Rules

(No JLCAR deadline, because agency's objection response deadline was waived.)

 

 

(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.)

 

 

17. Responses to Preliminary Objections Made in May 7, 2010 Meeting But Not Yet Received by Committee Staff:

 

 

(a)  OR 2009-130

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Former Division of Mental Health and Developmental Services

Eligibility Determination and Service Planning for Individuals With An Acquired Brain Disorder

(JLCAR Deadline August 10, 2010.)

 

 

OTHER BUSINESS

 

18. Other

 

 

     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 New Hampshire.

 

     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, Ambulatory Surgical Centers).  John Martin and Jean Donahoe testified for the Department. 

 

     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). 

 

     Michael Holt testified for the Department, and indicated that the response would be filed prior to the June 18 Committee meeting.

 

     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.