JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

 

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

JULY 21, 2011 - 9:00 a.m.

ROOMS 305/307 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

Amanda Merrill, Vice-Chair

Betsey L. Patten, Chair

Fenton Groen

Carol M. McGuire

Molly Kelly

Andrew J. Manuse

Gary Lambert

Maurice L. Pilotte

 

Peter B. Schmidt

Sharon Carson (Alt.)

David H. Kidder (Alt.)

Lou D'Allesandro (Alt.)

Tara A. Sad (Alt.)

James Forsythe (Alt.)

Kathleen N. Taylor (Alt.)

Sylvia Larsen (Alt.)

Stella Tremblay (Alt.)

Nancy Stiles (Alt.)

Steven J. Winter (Alt.)

 

 

The times and order specified for the agenda and 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 am      Convene & Review Minutes

Other Business

 

9.    1:00 pm

Consent Agenda

 

2.    9:05 am      Final Proposals

 

3.    9:10 am      Objection Responses

 

4.    9:12 am      Preliminary Objections

 

 

 

Regular Agenda

 

5.    9:13 am      Postpone Items

 

6.    9:15 am      FP 2011-51 Rec

 

7.    9:30 am      FP 2011-65 He-A, Discussion on

 

                        incorp. by reference of forms,

 

                        & FP 2011-56 He-E

 

8.  12:00 pm      LUNCH BREAK

 

 

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule

EXP - Expedited Repeal


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 2011-33
Approval

BOARD OF EDUCATION

Comprehensive Technology Education

(JLCAR Deadline July 25, 2011.)

 

 

(b)  FP 2011-49
Approval

GOVERNING BOARD OF RECREATIONAL THERAPISTS
Licensure Form, Required Documents, and Eligibility Requirements for Initial Application and Repeal of Conditional Licensure

(JLCAR Deadline July 22, 2011.)

 

 

(c)  FP 2011-50
Approval

GOVERNING BOARD OF RECREATIONAL THERAPISTS

Licensure Form, Required Documents, and Eligibility Requirements for Renewal Application, and Continuing Education Documentation Retention

(JLCAR Deadline July 22, 2011.)

 

 

(d)  FP 2011-52

Approval

GOVERNING BOARD OF ATHLETIC TRAINERS

Licensure Form and CEU Retention

(JLCAR Deadline July 22, 2011.)

 

 

(e)  FP 2011-58 Approval

 

BOARD OF BARBERING, COSMETOLOGY, AND ESTHETICS

Rules Updating Inspection Procedures

(JLCAR Deadline August 1, 2011.)

 

 

(f)  FP 2011-62

Approval

DEPARTMENT OF HEALTH & HUMAN SERVICES

Former Division of Public Health Services

Other Qualified Agencies

(JLCAR Deadline August 22, 2011.)

 

 

(g)  FP 2011-63

Approval

DEPARTMENT OF HEALTH & HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Certification Standards for Behavioral Health Community Residences

(JLCAR Deadline August 22, 2011.)

 

 

(h)  FP 2011-64*

Approval with Recommendation

DEPARTMENT OF HEALTH & HUMAN SERVICES

Former Division of Public Health Services

End Stage Renal Disease Dialysis Centers

(JLCAR Deadline August 22, 2011.

 

*  The only issue with this final proposal is that the agency continued to operate under expired rules as noted in the fiscal impact statement.

 

 

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 June 17, 2011:

 

 

FP 2011-46

BOARD OF DENTAL EXAMINERS

Regarding Licensure, Supervision, Continuing Education, Record Retention, and Licensure Truthfulness

(Response received 7-18-11.)

 

 

REGULAR AGENDA

 

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

 

 

6.   FP 2011-51

Approval

GOVERNING BOARD OF RECREATIONAL THERAPISTS
Ethical Standards

(JLCAR Deadline July 22, 2011.)

 

 

7.   DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2011-65

Conditional Approval with Recommendation

Former Office of Alcohol and Drug Abuse Prevention

Access to Recovery Program

(JLCAR Deadline August 22, 2011.)

 

 

(b)  Discussion on request by the Department of Health and Human Services to the Office of Legislative Services regarding editorial changes to rules which incorporate forms by reference pursuant to RSA 541-A:19-b.

Recommendation

 

 

(c)  FP 2011-56

Preliminary Objection

Division of Elderly and Adult Services

Choices for Independence Program

(JLCAR Deadline August 22, 2011.)

 

 

8.   LUNCH BREAK

 

 

OTHER BUSINESS

9.   Other