JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
JULY 31, 2008
Members Present: Representatives Pilotte, MacKay, Powers, Millham*, Casey*, and
Gottling*, and Senators DeVries and Cilley. (*) 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 Item #9 below. However, that item was approved.)
1. The
Committee was convened at 9:23 a.m.
by Rep. Pilotte as Chair.
Members
present at this time, aside from Rep. Pilotte were Reps. MacKay, Powers,
Millham, and Gottling, and Sen. DeVries.
Rep.
Pilotte appointed Rep. Millham and Rep. Gottling as alternates, respectively,
for Rep. Patten and Rep. Schmidt, who were absent.
2. The
Committee discussed the minutes
of the Committee meeting on July 17, 2008.
Rep.
MacKay moved that the minutes be approved.
Rep.
Powers seconded.
Adopted.
3. The
Committee discussed whether to postpone certain items to the next Committee
meeting.
No
action to postpone was taken.
4 The Committee discussed Final Proposal
2008-58 from the Health Services Planning and Review Board (Magnetic Resonance
Imaging Scanners (MRI)). Cynthia Carrier
testified for the Board.
Rep. MacKay moved that the Committee
approve Final Proposal 2008-58.
Sen. DeVries seconded.
Adopted.
5. The
Committee discussed Proposed Interim Rule INT 2008-27 from the Department of
Health and Human Services (Former Division of Human Services, Expanded Health
Care Coverage for Certain Low-Income Children).
Kathleen Dunn testified for the Department.
Rep.
Millham moved that the Committee approve Proposed Interim Rule INT 2008-27.
Rep.
MacKay seconded.
Adopted.
6. The
Committee discussed Final Proposal 2008-68 from the Department of Health and
Human Services (Former Division of Human Services, Undue Hardship). Dawn Landry testified for the Department.
The
Committee by consensus postponed action on this item and went to the next item.
7. The
Committee discussed Final Proposal 2008-81 from the Department of Health and
Human Services (Commissioner, Certification for Payment Standards for Foster
Care Services). Byry Kennedy and Dawn
Landry testified for the Department.
Rep.
Casey arrived during the discussion of this item. Rep. Pilotte appointed Rep. Casey as an
alternate for Sen. Fuller Clark, who was absent.
Rep.
MacKay moved that the Committee approve Final Proposal 2008-81 with the strong
recommendation that the Department quickly undertake a new rulemaking
proceeding to insert into He-C 6347 the rates established by the Department for
foster care services.
Rep.
Millham seconded.
Adopted.
8. The
Committee discussed Final Proposal 2008-82 from the Department of Health and
Human Services (Commissioner, Certification for Payment Standards for Medical/Dental
Service Providers). Byry Kennedy
testified for the Department.
Sen.
DeVries moved that the Committee approve Final Proposal 2008-82 with the strong
recommendation that the Department quickly undertake a new rulemaking
proceeding to insert the rates established by the Department into He-C 6348 for
medical/dental service providers.
Rep. Powers seconded.
Adopted.
**9. The Committee resumed discussion on Final
Proposal 2008-68 from the Department of Health and Human Services (Former
Division of Human Services, Undue Hardship).
Lisabritt Solsky testified for the Department.
An amended fiscal impact statement was
provided to the Committee.
Sen. DeVries moved that the Committee
approve Final Proposal 2008-68 with the understanding that the Department has
filed the amended fiscal impact statement with the Office of Legislative
Services.
Rep. MacKay seconded.
Adopted.
Rep. MacKay left the meeting at this
time.
10. The Committee discussed final Proposal
2008-84 from the Department of Health and Human Services (Former Division of
Public Health Services, Community Residences at the Residential Care and
Supported Residential Care Level). John
Martin testified for the Department.
Sen. Cilley arrived during the
discussion of this item.
Rep. MacKay returned to the meeting
during the discussion of this item, and Rep. Casey left.
Sen. DeVries moved that the Committee
make a preliminary objection to Final Proposal 2008-84 on the grounds (1) as
outlined in the Committee staff annotation to He-P 814.13 (c)(2) and (2) that
He-P 814.13 (c)(2) is contrary to the public interest by being unclear because
the process was unclear for obtaining an extension of the deadline to submit a
plan of correction.
Sen. Cilley seconded.
Adopted.
Rep. Pilotte noted for the record that the vote was 4 “yes” and 3 “no”,
with Reps. Millham, MacKay, and Pilotte voting “no”.
Sen. DeVries left the meeting at this
time.
11. After a break, with Reps. Pilotte, MacKay,
Powers, Millham, and Gottling, and Sen. Cilley present, the Committee discussed
Final Proposal 2008-72 from the Board of Registration in Optometry
(Out-of-State Contact Lens Dispensers, Continuing Education for Optometrists,
Standard of Conduct, and Contact Lens Follow-up Care). Keith Emery testified for the Board.
Rep. Casey returned to the meeting
during the discussion of this item.
Valerie Acres of the Sheehan Phinney
Capitol Group testified for the National Association of Optometrists and
Opticians (NAOO).
Sen. Cilley moved that the Committee
make a preliminary objection to Final Proposal 2008-72 on the grounds as stated
in public testimony on behalf of NAOO regarding Opt 502.03 with reference to federal
law 15 USC 7603.
Rep. MacKay seconded.
Adopted.
It was the consensus recommendation of
the Committee that the Board seek advice from the Attorney General’s Office
(Department of Justice) regarding the issues raised in the public testimony.
12. Rep. Casey moved that the Committee adjourn.
Rep. Gottling seconded.
Adopted.
The Committee adjourned at 12:53 p.m.,
effectively postponing action on the following items to the next Committee
meeting on August 21:
|
19. Remaining
Responses to Preliminary Objections Made in June 20, 2008 Meeting But Not Yet
Received by Committee Staff: |
|
|
|
|
|
(a) OR 2007-220 |
LIQUOR COMMISSION License Information Requirements (JLCAR
Deadline September 23, 2008.) |
|
|
|
|
20. Remaining Responses to Preliminary Objections
Made in June 27, 2008 Meeting But Not Yet Received by Committee Staff: |
|
|
|
|
|
(a)
OR 2007-221 |
BOARD
OF EDUCATION Modern
Language, (No JLCAR Deadline.
Agency objection response deadline has been waived.) |
|
|
|
|
(b) OR 2008-37 |
DEPARTMENT
OF AGRICULTURE, MARKETS, AND FOOD Nursery
and Nursery Stock (JLCAR
Deadline September 30, 2008.) |
|
|
|
|
OTHER BUSINESS |
|
|
21. Other |
|