JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

AUGUST 18, 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 Interim Rules:

 

 

(a)  FP 2016-32
Approval

BOARD OF NURSING

Educational Program Approval for Nursing Assistants

(JLCAR Deadline August 26, 2016.)

 

 

(b)  FP 2016-61
Approval

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Continued Status

(JLCAR Deadline August 26, 2016.)

 

 

(c)  FP 2016-62
Approval

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Ethical Standards

(JLCAR Deadline August 26, 2016.)

 

 

(d)  FP 2016-90
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Transfers Between Receiving Facilities

(JLCAR Deadline September 19, 2016.)

 

 

(e)  FP 2016-95
Approval

INSURANCE DEPARTMENT

Annual Financial Reporting

(JLCAR Deadline September 19, 2016.)

 

 

(f)  FP 2016-105
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to Protected Income Level and Four Month and Twelve Month Extended Medical Assistance

(JLCAR Deadline September 19, 2016.)

 

 

(g)  FP 2016-106
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to Undue Hardship for Recovery of Assistance

(JLCAR Deadline September 19, 2016.)

 

 

(h)  INT 2016-20
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Division of Elderly and Adult Services

Targeted Case Management Services

(JLCAR Deadline November 9, 2016.  Existing rules will expire August 26, 2016.)

 

 

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 July 21, 2016:

 

 

FP 2016-14

DEPARTMENT OF SAFETY

Readoption of Bungee Jumping Rules

(Response received August 4, 2016 and confirmed August 5, 2016.)

 

 

INT 2016-17

ASSESSING STANDARDS BOARD

Explanation of Adoption of Rules and Conduct of Public Forums

(Response received August 3, 2016 and confirmed August 4, 2016.)

 

 

FP 2016-10

BOARD OF LICENSURE FOR LAND SURVEYORS

Rules Regarding Licensure Requirements; Disciplinary Matters, Continued Status, Ethical Standards and Research Standards

(Response not yet received.)

 

 

FP 2016-50

PEASE DEVELOPMENT AUTHORITY

Business-Use Piers Restrictions and Emergency Use; Commercial Piers General

Restrictions and Limitations

(Response not yet received.)

 

 

FP 2016-63

INSURANCE DEPARTMENT

Stop Loss Insurance

(Response received July 28, 2016 and confirmed July 28, 2016.)

 

 

REGULAR AGENDA

 

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

 

7.   9:20 a.m.    BOARD OF PSYCHOLOGISTS

 

 

FP 2016-2
Postponed to 9/15/16
Regular Meeting

Organizational Rules, Practice and Procedure, License and Registration Requirements,

Applications and Fees, Continued Status, Ethical Standards, Responsibilities of Psychologists, and Professional Misconduct

(JLCAR Deadline August 18, 2016.)

(Formerly Item #8 on 7-21-16 agenda.)

 

 8.  10:00 a.m.  BOARD OF EDUCATION

 

 

FP 2016-64
Postponed to 9/15/16
Regular Meeting

Specialist in Assessment of Intellectual Functioning (SAIF)

(JLCAR Deadline August 29, 2016.)

 

 

 9.  10:15 a.m.  INSURANCE DEPARTMENT

 

 

FP 2016-88

Conditional Approval

Advertisements of Insurance

(JLCAR Deadline September 6, 2016.)

 

 

10. 10:30 a.m.  DEPARTMENT OF SAFETY

 

 

(a)  INT 2016-19
Approval

Interim Rules for Various Operation of the Central Repository: Criminal Records

(JLCAR Deadline November 9, 2016.  Former rules expired June 22, 2014.)

 

 

(b)  INT 2016-21
Approval

Interim Restoration Fee Waiver Rules

(JLCAR Deadline November 9, 2016.  Former rules expired January 3, 2015.)

 

 

11. 10:45 a.m.  DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2016-101
Conditional Approval

Former Division of Public Health Services

Birthing Center Rules

(JLCAR Deadline September 19, 2016.  Existing interim rule will expire August 22, 2016.)

 

 

(b)  FP 2016-102
Conditional Approval

Former Division of Mental Health and Developmental Services

Medical Assistance Services Provided by Education Agencies

(JLCAR Deadline September 19, 2016.)

 

 

(c)  FP 2016-104
Postponed to 9/15/16
Regular Meeting

Commissioner

Reducing the Child Care Cost Share and Maintaining the Authorized Service Level for
Families at Step 1

(JLCAR Deadline September 26, 2016.)

 

 

(d)  INT 2016-18
Approval

Commissioner

Certification Payment Standards for Licensed and License-Exempt Child Care Providers

(JLCAR Deadline November 2, 2016.  Former rules will expire September 20, 2016.)

 

 

OTHER BUSINESS

12. 11:15 a.m.