REGULAR MEETING

1. Convene and Review Minutes

JLCAR Deadlines Noted Below:
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.

CONSENT AGENDA

*2. Committee Approval of Final Proposals:*

(a) FP 2008-167 Approval	BOARD OF PROFESSIONAL GEOLOGISTS Explanation After Adoption (JLCAR Deadline February 20, 2009.)

(b) FP 2008-195 Approval	GOVERNING BOARD OF RECREATIONAL THERAPISTS Processing of Applications for Initial Licensure; Multipart Application Form; Required Documents; Letters of Reference; Eligibility Requirements; Purpose of Conditional Licensure; Eligibility Requirements for Supervisors (JLCAR Deadline March 19, 2009.)

(c) FP 2008-196 Approval	GOVERNING BOARD OF RECREATIONAL THERAPISTS Reinstatement of Licenses (JLCAR Deadline March 19, 2009.)

(d) FP 2008-197 Approval	GOVERNING BOARD OF RECREATIONAL THERAPISTS Ongoing Requirements (JLCAR Deadline March 19, 2009).

(e) FP 2008-198 Approval	GOVERNING BOARD OF RECREATIONAL THERAPISTS Ethical Standards (JLCAR Deadline March 19, 2009.)

(f) FP 2008-200 Approval	GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS Reinstatement of Licensure (JLCAR Deadline February 23, 2009.)

(g) FP 2008-201 Approval	GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS Ethical Standards (JLCAR Deadline February 26, 2009.)

(h) FP 2008-202 Approval	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and Developmental Services Consolidated Services (JLCAR Deadline March 9, 2009.)

(i) FP 2008-204 Approval	GOVERNING BOARD OF PHYSICAL THERAPISTS Re-Taking the National Physical Therapy Examination; The Board's Processing of Requests to Re-Take the National Physical Therapy Examination for the Fourth Time (JLCAR Deadline March 16, 2009.)

(j) FP 2008-205 Approval	GOVERNING BOARD OF PHYSICAL THERAPISTS Materials Required to Accompany the License Application Form; Basic Eligibility Requirements for Full or Conditional Initial Licensure (JLCAR Deadline March 9, 2009.)

(k) FP 2008-214 Approval	BOARD OF LICENSURE FOR ALCOHOL AND OTHER DRUG USE PROFESSIONALS Organizational Rules (JLCAR Deadline February 23, 2009.)

(l) FP 2008-215 Approval	BOARD OF LICENSING FOR ALCOHOL AND OTHER DRUG USE PROFESSIONALS Definitions; Presiding Officer; Commencement of Proceedings; Emergency Suspension; Recording; Evidence; Fact Findings, Law Conclusions; Disposition; Public Comment Hearings; Declaratory Rulings (JLCAR Deadline February 23, 2009.)

(m) FP 2008-216 Approval	BOARD OF LICENSURE FOR ALCOHOL AND OTHER DRUG USE PROFESSIONALS Procedures for Submission and Processing of Complaints of Misconduct; Settlements (JLCAR Deadline February 23, 2009.)

(n) FP 2008-217 Approval	BOARD OF LICENSURE FOR ALCOHOL AND OTHER DRUG USE PROFESSIONALS Appearances (JLCAR Deadline February 23, 2009.)

(o) FP 2008-218 Approval	BOARD OF LICENSURE FOR ALCOHOL AND OTHER DRUG USE PROFESSIONALS Ethical Standards (JLCAR Deadline February 23, 2009.)

(p) FP 2008-224 Approval	POLICE STANDARDS AND TRAINING COUNCIL Physical Examination (JLCAR Deadline March 16, 2009.)

(q) FP 2008-237 Approval	INSURANCE DEPARTMENT Use of Senior-Specific Certification and Professional Designations in the Sale of Life Insurance and Annuities (JLCAR Deadline March 9, 2009.)

(r) FP 2008-238 Approval	INSURANCE DEPARTMENT Advertisements of Medicare Supplement Insurance with Interpretive Guidelines (JLCAR Deadline March 20, 2009.)

(s) FP 2008-239 Approval	INSURANCE DEPARTMENT Network Adequacy (JLCAR Deadline March 2, 2009.)

(t) FP 2008-242 Approval	DEPARTMENT OF ENVIRONMENTAL SERVICES Drinking Water Programs Permit to Operate for Public Water Systems (JLCAR Deadline March 16, 2009.)

(u) FP 2008-245 Approval	RACING AND CHARITABLE GAMING COMMISSION Rules of Practice (JLCAR Deadline February 27, 2009.)

(v) FP 2008-249 Approval with Recommendation	CURRENT USE BOARD Forms and Criteria Availability (JLCAR Deadline March 16, 2009.)

(w) FP 2008-250 Objection	CURRENT USE BOARD Conduct of a Forum (JLCAR Deadline March 16, 2009.)

(x) FP 2008-253 Approval	FISH AND GAME DEPARTMENT Fish and Game Rules Relative to Wildlife Damage, Sealing Fur, Training Bear Dogs and Closed Areas Near Fishways (JLCAR Deadline March 23, 2009.)

(y) FP 2008-254 Approval	DEPARTMENT OF SAFETY Fingerprint Processing Fee Rules (JLCAR Deadline March 16, 2009.)

(z) FP 2008-258 Approval	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Birth Conditions Program (JLCAR Deadline March 23, 2009.)

*3. Committee Acceptance of Agency Responses to Objections:*

(No Items)

*4. 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 November 6, 2008:*

FP 2008-131	POSTSECONDARY EDUCATION COMMISSION Rules Governing the Evaluation of Institutions of Higher Learning (Response not received yet.)

*Conditionally Approved December 18, 2008:*

FP 2008-193	BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND EMBALMERS Fee Schedule and Continuing Education Requirements (Response received 1-15-09 and confirmed 1-16-09.)

*Conditionally Approved January 9, 2009:*

FP 2008-186	BOARD OF NURSING Various Provisions Related to: Qualifications, Examinations, Renewals, On-going Requirements, Nursing and Nursing Assistant Education Programs, Nursing Education Program Fees, and LNA Medication Administration Certification (Response received 1-22-09 and confirmed 1-23-09.)

FP 2008-124	INSURANCE DEPARTMENT Suitability in Annuity Transactions (Response received 1-20-09 and confirmed 1-22-09.)

FP 2008-174	INSURANCE DEPARTMENT Medical Malpractice Liability Insurance (Response received 1-26-09 and confirmed 1-27-09.)

*Conditionally Approved January 16, 2009:*

FP 2008-213	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and Developmental Services Medicaid-Covered Home and Community-Based Care Services for Persons with Developmental Disabilities and Acquired Brain Disorders (Response received 1-16-09 and confirmed 1-20-09.)

FP 2008-229	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and Developmental Services Secure Psychiatric Unit Transfers (Response received 1-16-09 and confirmed 1-20-09.)

FP 2008-211	DEPARTMENT OF EMPLOYMENT SECURITY Form; Dishonored and Application; Interest on Overpayments; Electronic Communications (Response received 2-12-09 and confirmed 2-13-09.)

REGULAR AGENDA

*5. Consider postponing action on certain items to another meeting.*

*6. FP 2008-168* Approval	*BOARD OF PROFESSIONAL GEOLOGISTS* Applications and Qualifications for Licensure, Fees, Disciplinary Matters, Continuing Education and Ethical Standards (JLCAR Deadline February 20, 2009.)

*7. FP 2008-241* Conditional Approval	*BOARD OF DENTAL EXAMINERS* Board Organization, Financial Interests, Pleadings, Complaints, Adjudicatory Proceedings, Authority of Presiding Officer, Licensure, Fees, Qualifications, Duties, and General Housekeeping (JLCAR Deadline February 26, 2009.)

*8. RACING AND CHARITABLE GAMING COMMISSION*

(a) FP 2008-246 Conditional Approval	Bingo and Lucky 7 Rules (JLCAR Deadline February 27, 2009.)

(b) FP 2008-247 Conditional Approval	Games of Chance (JLCAR Deadline February 27, 2009.)

*9. INT 2009-3* Approval with Recommendation	*BOARD OF LICENSING FOR ALCOHOL AND OTHER DRUG USE PROFESSIONALS* Initial Licensure; Examinations; Written Case Study; Application Procedures; Felony Convictions (JLCAR Deadline May 14, 2009. Proposed rule implements Chapter 189 of the Laws of 2008 (HB 1633-FN), effective July 1, 2008.)

*10. FP 2008-236* Conditional Approval	*INSURANCE DEPARTMENT* Life Insurance Illustrations (JLCAR Deadline March 2, 2009.)

*11. FP 2008-222* Conditional Approval	*HEALTH SERVICES PLANNING AND REVIEW BOARD* Positron Emission Tomography Scanners (JLCAR Deadline March 9, 2009.)

*12. FP 2008-240* Approval	*DEPARTMENT OF HEALTH AND HUMAN SERVICES* Former Division of Human Services Medicaid for Employed Adults with Disabilities (MEAD) (JLCAR Deadline March 23, 2009.)

*13. FP 2008-203* Conditional Approval	*FISH AND GAME DEPARTMENT* Marine Rules - Commercial Haddock Length Limit; Commercial Lobster Helpers (JLCAR Deadline March 23, 2009.)

*14. DEPARTMENT OF ENVIRONMENTAL SERVICES*

(a) INT 2009-2 Approval	Air Related Programs Voluntary Greenhouse Gas Emissions Reductions Registry (JLCAR Deadline May 14, 2009. Existing rules will expire February 24, 2009.)

(b) INT 2009-6 Approval	Water Quality and Quantity Programs State Water Pollution Control Revolving Loan Fund Amendments (JLCAR Deadline May 14, 2009. Proposed rule designed to address proposed federal economic stimulus legislation.)

*15. INT 2009-4* Approval with Recommendation	*STATE TREASURER* Treasury – Abandoned Property Rules (JLCAR Deadline May 14, 2009. Former rules expired January 25, 2009.)

*16. CURRENT USE BOARD*

(a) FP 2008-251 Approval	Assessment Ranges for Forest Land (JLCAR Deadline March 23, 2009.)

(b) FP 2008-252 Approval	Developments and the Land Use Change Tax (JLCAR Deadline March 16, 2009.)

*17. LUNCH BREAK*

*18. FP 2008-221* Postponed to 3/6/09 Continued Meeting	*DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT* Rules for the Job Training Program (JLCAR Deadline March 23, 2009. Former interim rule expired March 12, 2008.)

*19. DEPARTMENT OF ENVIRONMENTAL SERVICES*

(a) FP 2008-223 Postponed to 3/6/09 Continued Meeting	Water Quality and Quantity Programs Youth Recreation Camps (JLCAR Deadline March 23, 2009. Most of the existing rules will expire February 28, 2009.)

(b) FP 2008-225 Postponed to 3/6/09 Continued Meeting	Drinking Water Programs Certification of Water Works Operators (JLCAR Deadline March 23, 2009.)

*20. N.H. RETIREMENT SYSTEM*

(a) INT 2009-1 Postponed to 3/6/09 Continued Meeting	Code of Ethics of the Retirement System (JLCAR Deadline May 7, 2009. Existing rules will expire April 10, 2009.)

(b) FP 2008-187 Postponed to 3/6/09 Continued Meeting	Minimum Participation Standards - Group I State and Political Subdivision Employees (JLCAR Deadline March 23, 2009.)

*21. INT 2009-5* Postponed to 3/6/09 Continued Meeting	*DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD* Weights and Measures (JLCAR Deadline May 14, 2009. Most of the existing rules will expire March 21, 2009.)

*22. FP 2008-141* Postponed to 3/6/09 Continued Meeting	*GOVERNING BOARD OF RECREATIONAL THERAPISTS* Continued Status (JLCAR Deadline March 19, 2009.)

*23. GOVERNING BOARD OF PHYSICAL THERAPISTS*

(a) FP 2008-170 Postponed to 3/6/09 Continued Meeting	Continued Status (JLCAR Deadline March 9, 2009.)

(b) FP 2008-206 Postponed to 3/6/09 Continued Meeting	Reinstatement of Licenses; Conditionally Reinstated Licenses (JLCAR Deadline March 16, 2009.)

*24. Responses to Preliminary Objections Made in January 9, 2009 Meeting But Not Yet Reviewed by Committee* *Staff:*

OR 2008-163 Postponed to 3/6/09 Continued Meeting	BOARD OF VETERINARY MEDICINE Administrative Rules Vet 200-700 (JLCAR Deadline April 20, 2009.)

OTHER BUSINESS
*25. Other*

Senate Members of JLCAR	House Members of JLCAR
Jacalyn L. Cilley	Maurice L. Pilotte
Martha Fuller Clark	Peter B. Schmidt
Amanda Merrill	Betsey L. Patten
Robert J. Letourneau	Suzanne H. Gottling
William P. Denley	Alida I. Millham
Kathleen G. Sgambati (Alt.)	Laurie J. Boyce (Alt.)
Matthew S. Houde (Alt.)	Kathleen N. Taylor (Alt.)
Betsi DeVries (Alt.)	Kimberley S. Casey (Alt.)
Michael Downing (Alt.)	Tara A. Sad (Alt.)
Sharon M. Carson (Alt.)	David H. Kidder (Alt.)

1. 9:00 am Convene and Review Minutes	14. 11:15 am INT 2009-2 Env-A &
	INT 2009-6 Env-Wq
Consent Agenda	15. 12:00 pm INT 2009-4 Tre
2. 9:05 am Final Proposals	16. 12:15 pm FP's 2008-251 & 252 Cub
3. 9:10 am Objection Responses	17. 1:00 pm LUNCH BREAK
4. 9:12 am Preliminary Objections	18. 2:00 pm FP 2008-221 Res
	19. 2:30 pm FP 2008-223 Env-Wq &
Regular Agenda	FP 2008-225 Env-Dw
5. 9:13 am Postpone Items	20. 3:00 pm INT 2009-1 & FP 2008-187 Ret
6. 9:15 am FP 2008-168 Geo	21. 3:15 pm INT 2009-5 Agr
7. 9:20 am FP 2008-241 Den	22. 3:30 pm FP 2008-141 Rec
8. 9:40 am FP's 2008-246 & 247 Pari	23. 3:45 pm FP's 2008-170 & 206 Phy
9. 10:10 am INT 2009-3 Alc	24. 4:00 pm OR's from 1-9-09 Meeting
10. 10:40 am FP 2008-236 Ins
11. 11:00 am FP 2008-222 He-Hea	Other Business
12. 11:05 am FP 2008-240 He-W	25. 4:15 pm Other
13. 11:10 am FP 2008-203 Fis