JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

JANUARY 19, 2018 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Chair

Rep. Carol M. McGuire, Vice Chair

Sen. Kevin Avard

Rep. William A. Hatch

Sen. Dan Feltes

Rep. Timothy Lang

Sen. Harold French

Rep. Peter B. Schmidt

Sen. Jay Kahn

Rep. Terry M. Wolf

Sen. Martha Fuller Clark (Alt.)

Rep. Karen Ebel (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. Suzanne H. Gottling (Alt.)

Sen. William Gannon (Alt.)

Rep. Carolyn Matthews (Alt.)

Sen. Dan Innis (Alt.)

Rep. Bill Ohm (Alt.)

Sen. Ruth Ward (Alt.)

Rep. John Sytek (Alt.)

 

 

The times and order specified for the agenda items listed below are only tentative.  The Committee may change the order or may

change the amount of time allotted for such items.

 

1.   9:00 a.m.    Convene, Seating of Alternates, and Review Minutes

 

JLCAR Deadlines Noted in Agenda:

For OR's and ROR's:

Deadline is for sponsoring a joint resolution.

For FP's:

Deadline is for approval, conditional approval, or preliminary objection. Otherwise, rule is automatically approved.

For INT's:

Deadline is for approval or conditional approval.
Otherwise, agency cannot adopt the interim rule.

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule

EXP - Expedited Repeal

EXRF - Expedited Revision to Form


 

CONSENT AGENDA

 

2.   9:05 a.m.    Committee Approval of Final Proposals:

 

 

 

(a)  FP 2017-96

Approval

BOARD OF HOME INSPECTORS

Office Hours, Office Location, Mailing Address and Telephone;

Explanation After Adoption

(JLCAR Deadline January 22, 2018.)

 

 

 

 

(b)  FP 2017-165

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Foster Family Home Rate-Setting

(JLCAR Deadline February 22, 2018.  Existing interim rule expires January 18, 2018.)

 

 

 

 

3.   9:10 a.m.    Committee Conditional Approvals:

 

 

 

(a)  FP 2017-97

Conditional Approval

BOARD OF HOME INSPECTORS

Licensure Requirements; Continued Status; Ethical Standards and Professional Conduct; Standards of Practice; Voluntary License Surrender

(JLCAR Deadline January 22, 2018.)

 

 

 

 

4.   9:15 a.m.    Committee Acceptance of Agency Responses to Objections:

 

(No Items)

 

 

 

5.   9:16 a.m.    Committee Issuance of Preliminary or Revised Objections to Final Proposals:

 

(No Items)

 

 

 

 

 

NOTE:

 

The following proposals were conditionally approved by the Committee on the dates indicated.  Also noted are whether there are agency responses not previously reported and subsequent confirmation by the Office of Legislative Services that the proposals have been amended as conditionally approved.  No further Committee action is required in that case.

 

 

 

 

Conditionally Approved November 16, 2017:

 

 

 

FP 2017-62

BOARD OF NURSING

Commissioner

Licensees with the Authority to Delegate Nursing Related Activities; Eligibility to

be a Delegatee

(Response received December 21, 2017 and confirmed December 21, 2017.)

 

 

 

 

Conditionally Approved December 21, 2017:

 

 

 

FP 2017-109

BOARD OF EDUCATION

Science Teacher; General Requirements

(Response received January 11, 2018 and confirmed January 11, 2018.)

 

 

 

 

FP 2017-130

LOTTERY COMMISSION

Fantasy Sports Contests

(Response not yet received.)

 

 

 

 

FP 2017-133

INSURANCE DEPARTMENT

 

 

Credit Insurance

(Response not yet received.)

 

 

 

 

FP 2017-150

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Birth Conditions Programs (BCP)

(Response received January 4, 2018 and confirmed January 5, 2018.)

 

 

 

 

INT 2017-28

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Division of Elderly and Adult Services

Nursing Facility Reimbursement

(Response received December 21, 2017 and confirmed December 21, 2017.)

 

 

 

 

FP 2017-153

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Drug Use Review Board

(Response received January 4, 2018 and confirmed January 5, 2018.)

 

 

 

 

INT 2017-27

OFFICE OF STRATEGIC INITIATIVES

Governor's Scholarship Program

(Response received January 2, 2018 and confirmed January 2, 2018.)

 

 

 

 

FP 2017-91

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Water Supply Land Protection Grant Program

(Response received December 21, 2017 and confirmed December 21, 2017.)

 

 

 

 

FP 2017-92

BOARD OF MEDICAL IMAGING AND RADIATION THERAPY

Organizational Rules; Procedural Rules

(Response not yet received.)

 

 

 

 

FP 2017-106

GOVERNING BOARD OF SPEECH-LANGUAGE PATHOLOGISTS

Definitions; Ongoing Requirements; Direction & Supervision of Speech-Language Assistants; Scope of Tasks of Speech-Language Assistants

(Response received January 11, 2018 and confirmed January 11, 2018.)

 

 

 

 

REGULAR AGENDA

 

6.   9:18 a.m.    Consider postponing action on certain items to another meeting.

 

7.   9:20 a.m.    PUBLIC UTILITIES COMMISSION

 

 

 

FP 2017-131

Conditional Approval with Recommendation & Petition

Electric Renewable Portfolio Standard Rules

(JLCAR Deadline January 22, 2018.)

(Formerly Item #11 on the Regular Agenda for the 12-19-17 meeting.)

 

 

 

 

8.   9:30 a.m.    PHARMACY BOARD

 

 

 

(a)  FP 2017-124

Approval

Explanation of Adopted Rules

(JLCAR Deadline February 12, 2018.)

 

 

(b)  FP 2017-125

Approval

Central Prescription Processing

(JLCAR Deadline February 12, 2018.)

 

 

 

 

9.   9:40 a.m.    DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

 

 

 

(a)  INT 2017-29

Approval

Livestock Dealer Licensing

(JLCAR Deadline April 11, 2018.  Former rules expired June 20, 2015.)

 

 

 

 

(b)  INT 2018-1

Approval

Seeds

(JLCAR Deadline April 11, 2018.  Former rules expired April 23, 2005.)

 

 

 

 

10. 9:50 a.m.    INSURANCE DEPARTMENT

 

 

 

(a)  FP 2017-154

Conditional Approval

Ancillary Health and Blanket Insurance General Provisions

(JLCAR Deadline February 16, 2018.)

 

 

 

 

(b)  FP 2017-155

Approval

Discontinuance and Replacement of Group Ancillary Health and Blanket Coverage

(JLCAR Deadline February 16, 2018.)

 

 

 

 

(c)  FP 2017-156

Approval

New Hampshire Long-Term Care Partnership Program

(JLCAR Deadline February 16, 2018.)

 

 

 

 

11. 10:00 a.m.  DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

 

(a)  FP 2017-152

Approval

Commissioner

Payments to Non-Public Disproportionate Share Hospitals and Uncompensated

Care Funding Reporting

(JLCAR Deadline February 20, 2018.)

 

 

 

 

(b)  FP 2017-134

Conditional Approval

Former Office of Alcohol and Drug Abuse Prevention

Certification and Operational Requirements of Opioid Treatment Programs

(JLCAR Deadline February 20, 2018.)

 

 

 

 

12. 10:30 a.m.  DEPARTMENT OF SAFETY

 

(a)  EXRF 2017-2

Approval with

Understanding

Commissioner

Motor Vehicle Inspection Station Application

(No JLCAR Deadline.)

 

 

 

 

(b)  OR 2017-87

Accepted/Approved

Commissioner

New Hampshire Fire Standards and Training and EMS Administrative Fee Rules

(JLCAR Deadline February 21, 2018.)

 

 

 

 

(c)  OR 2017-129

Revised Objection

Commissioner

Transportation Network Company Rules

(JLCAR Deadline February 21, 2018.)

 

 

 

 

(d)  OR 2017-74

Revised Objection

Commissioner

Licensure of Private Investigators, Security Guards, and Bail Recovery Agents

(JLCAR Deadline Feburary 21, 2018.)

 

 

13. 11:15 a.m   Discussion on status of the following rule: 

 

Recommendation

LIQUOR COMMISSION

Liq 706 License Information Requirements

(Doc. #9965, effective July 29, 2011.)

 

 

 

 

OTHER BUSINESS

14. 11:30 a.m.