JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

REGULAR MEETING

TENTATIVE AGENDA

FEBRUARY 19, 2016 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

Senate Members of JLCAR	House Members of JLCAR
Sen. John Reagan, Vice Chair	Rep. Carol M. McGuire, Chair
Sen. Kevin Avard	Rep. David H. Kidder
Sen. Sam Cataldo	Rep. Rick M. Ladd
Sen. Dan Feltes	Rep. Tara A. Sad
Sen. David Watters	Rep. Peter B. Schmidt
Sen. Regina Birdsell (Alt.)	Rep. Suzanne H. Gottling (Alt.)
Sen. Martha Fuller Clark (Alt.)	Rep. William A. Hatch (Alt.)
Sen. Lou D'Allesandro (Alt.)	Rep. John Sytek (Alt.)
Sen. Gary Daniels (Alt.)	(Alt.)
Sen. Nancy Stiles (Alt.)	(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 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 and Proposed Expedited Revisions to Agency Forms:
(a) FP 2015-182 Approval	DEPARTMENT OF EMPLOYMENT SECURITY Pathway to Work Program (JLCAR Deadline March 21, 2016.)
(b) FP 2015-186 Approval	BOARD OF NURSING Ethical Standards: Professional Duties of an Advanced Practice Registered Nurse (APRN) (JLCAR Deadline March 18, 2016.)
(c) FP 2015-195 Approval	FISH AND GAME DEPARTMENT Marine Aquaculture Reporting and Lobster Tail Possession (JLCAR Deadline March 17, 2016.)
(d) FP 2015-197 Approval	DEPARTMENT OF LABOR Incorporation by Reference Revised Safety Summary Form WCSSF (JLCAR Deadline March 21, 2016.)
(e) FP 2015-200 Approval	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Expiring Rules Related to Individual Rights and Responsibilities for Financial and Medical Assistance, Institutional Residency, the Adult Standard Disregard, the Cost of Nursing Facility Care, and Allowable Deductions (JLCAR Deadline March 21, 2016.)
(f) FP 2015-201 Approval	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Amended Definition of “Off-Premises Retail Licensees that Exclusively or Primarily Sell Beer, Wine, or Other Alcoholic Beverages” As it Pertains to All Categories of Financial Assistance (JLCAR Deadline March 11, 2016.)
(g) FP 2015-202 Approval	DEPARTMENT OF REVENUE ADMINISTRATION Form DP-216, Employee Leasing Company Business Enterprise Tax (BET) Election (JLCAR Deadline March 21, 2016.)
(h) FP 2015-205 Approval	BOARD OF DENTAL EXAMINERS Application for Licensure to Provide Voluntary Services; Renewal and Monitoring; and Criteria of Acceptance (JLCAR Deadline March 21, 2016.)
(i) EXRF 2016-1 Approval	DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner Annual Medicaid Uncompensated Care Data Request Form – He-C 5002.01(a) (No JLCAR Deadline.)
3. 9:10 a.m. Committee Conditional Approvals:
(a) FP 2015-185 Conditional Approval	BOARD OF NURSING Continued Status (JLCAR Deadline March 18, 2016.)
(b) FP 2015-193 Conditional Approval	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Cancer Registry Rules (JLCAR Deadline March 21, 2016.)
(c) FP 2015-194 Conditional Approval	BOARD OF BARBERING, COSMETOLOGY, AND ESTHETICS Written Exam Criteria, Written Exam Administration, Approve/Deny Individuals Licensed in Another State, Instructor Continuing Education (JLCAR Deadline February 29, 2016.)
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 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 December 17, 2015:
FP 2015-139	BOARD OF MENTAL HEALTH PRACTICE Pre-licensure Supervised Practice (Response received 1-21-16. Converted to preliminary objection pursuant to RSA 541-A:13, V(a). Objection Response not yet filed but due by February 26, 2016.)
Conditionally Approved January 15, 2016:
FP 2015-160	FISH AND GAME DEPARTMENT Live Bait and the Importation, Possession, and Use of All Wildlife (Response received 1-22-16 and confirmed 1-22-16.)
FP 2015-108	DEPARTMENT OF TRANSPORTATION Construction Aid and Relocation Services (Response received 2-10-16 and confirmed 2-12-16.)
FP 2015-174	COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION Establishment, Operation and Administration of the College Tuition Savings Plan (Response not yet received.)
FP 2015-125	DEPARTMENT OF ENVIRONMENTAL SERVICES Water Quality and Quantity Programs Groundwater Discharge Permits and Registrations (Response received 1-21-16 and confirmed 1-21-16.)
FP 2015-184	BOARD OF BARBERING, COSMETOLOGY, AND ESTHETICS Apprentice Applications & Instructors, School Instructor License, School Equipment, Licensee, Individuals Licensed in Another State, Renewals, Violation Points (Response received 2-9-16 and confirmed 2-12-16.)
FP 2015-191	DEPARTMENT OF REVENUE Business Enterprise Tax (Response received 1-22-16 and confirmed 1-22-16.)
REGULAR AGENDA
6. 9:18 a.m. Consider postponing action on certain items to another meeting.
7. 9:20 a.m. DEPARTMENT OF LABOR
(a) FP 2015-165 Conditional Approval with Understanding	Workers' Compensation Claims (JLCAR Deadline February 19, 2016.) (Formerly Item #13 on 1-15-16 agenda.)
(b) FP 2015-167 Conditional Approval	Workers' Compensation Insurance Coverage (JLCAR Deadline March 21, 2016.)
(c) FP 2015-168 Conditional Approval with Recommendation	Workers' Compensation Self Insurance (JLCAR Deadline March 21, 2016.)
(d) FP 2015-181 Postponed to 3/18/19 Regular Meeting	Payment of Wages and Requirements of Employers (JLCAR Deadline March 21, 2016.)
8. 9:40 a.m. DEPARTMENT OF SAFETY
INT 2015-14 Approval	Interim Certification for Additional Truck Weights Rules (JLCAR Deadline March 9, 2016. Former rules expired September 29, 2015.) (Formerly Item #9(a) on 12-17-15 agenda and Item #19(a) on 1-15-16 agenda.)
9. 9:50 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES
(a) INT 2016-2 Approval	Former Division of Mental Health and Developmental Services Medical Assistance Services Provided by Education Agencies (JLCAR Deadline May 4, 2016. Most of the former rules expired November 22, 2015.)
(b) INT 2016-3 Approval	Former Division of Public Health Services Birthing Center Rules. (JLCAR Deadline May 11, 2016. Former rules expired July 27, 2015.)
(c) FP 2015-144 Conditional Approval	Former Division of Human Services Durable Medical Equipment, Prosthetic and Orthotic Devices, and Medical Supplies (JLCAR Deadline March 10, 2016.)
(d) FP 2015-192 Approval	Former Division of Human Services Elimination of the Prohibition of Decreasing the Standard Utility Allowance (SUA) in the Food Stamp Program if the CPI-U is Negative (JLCAR Deadline March 14, 2016.)
10. 10:10 a.m. BOARD OF MEDICINE
(a) FP 2015-207 Conditional Approval	Physician Licensing, Renewals, Administrative Fines, Voluntary Surrenders, and Obligation to Obey (JLCAR Deadline March 21, 2016.)
(b) FP 2015-208 Conditional Approval	Physician Assistant Licensing, Renewals, Administrative Fines, Voluntary Surrenders, and Obligation to Obey (JLCAR Deadline March 21, 2016.)
11. 10:30 a.m. BOARD OF MENTAL HEALTH PRACTICE
OR 2015-139 Postponed to 3/18/19 Regular Meeting	Pre-licensure Supervised Practice (JLCAR Deadline April 26, 2016.) (Response not yet filed. Response due by February 26, 2016.)
12. 10:40 a.m. Postponed to 3/18/19 Regular Meeting	Discussion on proposed amendments to the Drafting and Procedure Manual for Administrative Rules.
OTHER BUSINESS 13. 11:10 a.m.