JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

REGULAR MEETING

TENTATIVE AGENDA

AUGUST 15, 2013 - 9:00 a.m.

ROOMS 305/307 LEGISLATIVE OFFICE BUILDING

Senate Members of JLCAR	House Members of JLCAR
Sen. John Reagan, Chair	Rep. Peter B. Schmidt, Vice-Chair
Sen. Sam Cataldo	Rep. Rick M. Ladd
Sen. Bette Lasky	Rep. James R. MacKay
Sen. Jim Rausch	Rep. Carol M. McGuire
Sen. David Watters	Rep. Tara A. Sad
Sen. Peter Bragdon (Alt.)	Rep. Richard W. Barry (Alt.)
Sen. Martha Fuller Clark (Alt.)	Rep. Suzanne H. Gottling (Alt.)
Sen. Lou D'Allesandro (Alt.)	Rep. William A. Hatch (Alt.)
Sen. Andy Sanborn (Alt.)	Rep. David H. Kidder (Alt.)
Sen. Nancy Stiles (Alt.)	Rep. Mary S. Nelson (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:
(a) FP 2013-55 Approval	HEALTH SERVICES PLANNING AND REVIEW BOARD Cardiac Services (JLCAR Deadline September 9, 2013.)
(b) FP 2013-58 Approval	GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS Application Form, Required Documents, and Letters of Reference (JLCAR Deadline August 26, 2013.)
(c) FP 2013-59 Approval	GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS License Renewal, Continuing Education, Audit Procedure, Reinstatement, and Supervisors (JLCAR Deadline August 26, 2013.)
(d) FP 2013-60 Approval	GOVERNING BOARD OF PHYSICAL THERAPISTS Initial Application Form and Required Documents (JLCAR Deadline September 3, 2013.)
(e) FP 2013-61 Approval	GOVERNING BOARD OF PHYSICAL THERAPISTS Renewal Procedures, Renewal Application Form, Required Documents, Continuing Competency, Continuing Competency Audit Procedures, Lapsed License Reinstatement, Supervision (JLCAR Deadline September 3, 2013.)
(f) FP 2013-73* Approval	BOARD OF CHIROPRACTIC EXAMINERS Investigations (JLCAR Deadline September 3, 2013.) *The only substantive issue with this final proposal is that the agency continued to operate under expired rules as noted in the fiscal impact statement.
(g) FP 2013-74* Approval	BOARD OF CHIROPRACTIC EXAMINERS Explanation of Adopted Rules (JLCAR Deadline September 3, 2013.) *The only substantive issue with this final proposal is that the agency continued to operate under expired rules as noted in the fiscal impact statement.
(h) FP 2013-75* Approval	BOARD OF CHIROPRACTIC EXAMINERS Granting of Initial Application, Application Process, and Application Processing Procedures (JLCAR Deadline September 3, 2013.) *The only substantive issue with this final proposal is that the agency continued to operate under expired rules as noted in the fiscal impact statement.
(i) FP 2013-77* Approval	BOARD OF CHIROPRACTIC EXAMINERS Qualifications for Initial Licensure (JLCAR Deadline September 3, 2013.) *The only substantive issue with this final proposal is that the agency continued to operate under expired rules as noted in the fiscal impact statement.
(j) FP 2013-82 Approval	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Medicaid Home Visiting New Hampshire Program – Eligibility (JLCAR Deadline September 16, 2013.)
(k) FP 2013-83 Approval	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Definitions Impacting All Categories of Financial and Medical Assistance (JLCAR Deadline September 6, 2013.)
3. 9:10 a.m. Committee Conditional Approvals:
(No Items)
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 June 21, 2013
FP 2012-173	PHARMACY BOARD Code of Ethics (Standard of Conduct) (Response not yet received.)
Conditionally Approved July 18, 2013
FP 2013-11	UNEMPLOYMENT COMPENSATION APPELLATE BOARD Rules of Procedure for the Appellate Board (Response received 8-9-13 and confirmed 8-9-13.)
FP 2013-25	DEPARTMENT OF ENVIRONMENTAL SERVICES Water Quality and Quantity Programs Certification of Wastewater Treatment Plant Operators (Response received 7-25-13 and confirmed 7-25-13.)
FP 2013-9	DEPARTMENT OF ENVIRONMENTAL SERVICES Oil and Remediation Programs Underground Storage Tank Facilities (Response received 7-19-13 and confirmed 7-25-13.)
Conditionally Approved August 1, 2013
FP 2013-30	PUBLIC UTILITIES COMMISSION Rules for Water Service (Response not yet received.)
FP 2013-31	PUBLIC UTILITIES COMMISSION Rules for Sewer Utilities (Response not yet received.)
REGULAR AGENDA
6. 9:18 a.m. Consider postponing action on certain items to another meeting.
7. 9:20 a.m. BOARD OF FIRE CONTROL
FP 2013-10 Conditional Approval	Board of Fire Control Organizational Rules and Practice and Procedural Rules (JLCAR Deadline August 19, 2013.)
8. 9:30 a.m. DEPARTMENT OF SAFETY
(a) FP 2012-206 Conditional Approval	School Bus Transportation Rules (JLCAR Deadline August 26, 2013.)
(b) OR 2012-204 Approval with Understanding	Explosive Rules (JLCAR Deadline October 1, 2013.)
(c) OR 2012-205 Approval with Understanding	Various Procedural and Hearing Rules (JLCAR Deadline October 1, 2013.)
9. 9:45 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES
(a) INT 2013-11 Approval	Former Division of Mental Health and Developmental Services Employment Services (JLCAR Deadline October 23, 2013. Existing rules will expire August 22, 2013.)
(b) EXRF 2013-1 Approval with Understanding	Former Division of Mental Health and Developmental Services Healthcare Coordination and Administration of Medications - Form 1201-A; 1201-B; 1201-C; & NH BDS Request for Waiver to He-M 1201 (No JLCAR Deadline.)
10. 10:00 a.m. RACING AND CHARITABLE GAMING COMMISSION
FP 2012-213 Approval with Recommendation	Racetrack License Applications and Non-refundable Investigation Fees (JLCAR Deadline September 3, 2013.)
11. 10:15 a.m. BOARD OF CHIROPRACTIC EXAMINERS
(a) FP 2013-76 Conditional Approval	Application Process for New Applicants (JLCAR Deadline September 3, 2013.)
(b) FP 2013-78 Conditional Approval with Recommendation	Examinations (JLCAR Deadline September 3, 2013.)
(c) FP 2013-79 Conditional Approval with Recommendation	Licensure by Endorsement (JLCAR Deadline September 3, 2013.)
12. 10:30 a.m. DEPARTMENT OF EMPLOYMENT SECURITY
(a) FP 2013-48 Postponed to 9/5/13 Continued Meeting	Adjustment of Overpaid Benefit Accounts By Compromise (JLCAR Deadline September 16, 2013.)
(b) FP 2013-49 Postponed to 9/5/13 Continued Meeting	Offset of Federal Tax Refund Payments (JLCAR Deadline September 16, 2013.)
(c) FP 2013-50 Postponed to 9/5/13 Continued Meeting	Interest on Overpayments (JLCAR Deadline September 16, 2013.)
13. 11:15 a.m. PHARMACY BOARD
(a) OR 2012-174 Postponed to 9/5/13 Continued Meeting	Limitation on Access (JLCAR Deadline September 24, 2013.) (Response not yet received.)
(b) OR 2012-175 Postponed to 9/5/13 Continued Meeting	Presence of Pharmacists (JLCAR Deadline September 24, 2013.) (Response not yet received.)
(c) OR 2012-176 Postponed to 9/5/13 Continued Meeting	Transfer of Prescription (JLCAR Deadline September 24, 2013.) (Response not yet received.)
(d) OR 2012-177 Postponed to 9/5/13 Continued Meeting	Pharmacist-in-Charge, Corporate Entity Requirements, Duties (JLCAR Deadline September 24, 2013.) (Response not yet received.)
OTHER BUSINESS 14. 11:30 a.m. Other