JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

SEPTEMBER 20, 2019 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

 

Senate Members of JLCAR

House Members of JLCAR

 

 

Sen. John Reagan, Vice-Chair

Rep. William A. Hatch, Chair

Sen. Jeanne Dietsch

Rep. Kathleen Hoelzel

Sen. Jay Kahn

Rep. Carol M. McGuire

Sen. Ruth Ward

Rep. Peter B. Schmidt

Sen. David Watters

Rep. Kermit Williams

Sen. Regina Birdsell (Alt.)

Rep. Alan Bershtein (Alt.)

Sen. Shannon Chandley (Alt.)

Rep. Timothy Fontneau (Alt.)

Sen. Martha Fuller Clark (Alt.)

Rep. David Karrick (Alt.)

Sen. Lou D'Allesandro (Alt.)

Rep. Timothy Lang (Alt.)

Sen. James Gray (Alt.)

Rep. Dianne E. Schuett (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, Seating of Alternates, 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

EXIR – Expedited Amendment to Incorporation by Reference


 

CONSENT AGENDA

 

2.   9:05 a.m.    Committee Approval of Final Proposals and Proposed Interim Rules:

 

 

(a)  FP 2019-70
Approval

BOARD OF SEPTIC SYSTEM EVALUATORS

Approval of Pre-Licensing Education and Fieldwork

(JLCAR Deadline October 7, 2019.)

 

 

(b)  FP 2019-80
Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Volatile Organic Compounds (VOCs) Reasonably Available Control Technology (RACT)
(JLCAR Deadline September 20, 2019.)

 

 

(c)  FP 2019-84
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Medical Services Clinic

(JLCAR Deadline October 3, 2019.)

 

 

(d)  FP 2019-91
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Rights Protection Procedures

(JLCAR Deadline October 3, 2019.)

 

 

(e)  FP 2019-111
Approval

DEPARTMENT OF CORRECTIONS

Bureau of Classification Staff

(JLCAR Deadline October 14, 2019.)

 

 

(f)  FP 2019-113
Approval

DEPARTMENT OF CORRECTIONS

Job Assignments

(JLCAR Deadline October 14, 2019.)

 

 

(g)  FP 2019-120
Approval

INSURANCE DEPARTMENT

Form and Rate Filings

(JLCAR Deadline October 7, 2019.)

 

 

(h)  FP 2019-122
Approval

DEPARTMENT OF REVENUE ADMINISTRATION

Use of Education Tax Credit Against Tax Liability

(JLCAR Deadline October 21, 2019.)

 

 

(i)  INT 2019-25
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Requirements for Transfer of Low-Level Radioactive Waste for Disposal at Land Disposal Facilities, Manifests, Records, Reports, Quality Assurance, and Audits

(JLCAR Deadline December 11, 2019.  Existing rules will expire September 20, 2019.)

 

 

(j)  INT 2019-26
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Quantities for Use with Decommissioning

(JLCAR Deadline December 11, 2019.  Existing rules will expire September 20, 2019.)

 

 

(k)  INT 2019-27
Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Quantities of Radioactive Material Requiring Labeling

(JLCAR Deadline December 11, 2019.  Existing rules will expire September 20, 2019.)

 

 

3.   9:10 a.m.    Committee Conditional Approvals:

 

 

(a)  FP 2019-106
Conditional Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Home Health Care Providers Licensing

(JLCAR Deadline October 11, 2019.)

 

 

(b)  FP 2019-109
Conditional Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Cross-Program Rules

Cross-Media Electronic Reporting Rule (CROMERR) Compliance

(JLCAR Deadline October 7, 2019.)

 

 

(c)  FP 2019-112
Conditional Approval

DEPARTMENT OF CORRECTIONS

Resident Orientation

(JLCAR Deadline October 14, 2019.)

 

 

(d)  FP 2019-115
Conditional Approval

DEPARTMENT OF CORRECTIONS

Definition of “Safety Booth”

(JLCAR Deadline October 14, 2019.)

 

 

(e)  FP 2019-116
Conditional Approval

DEPARTMENT OF CORRECTIONS

Use of “Safety Booths” in the Special Housing Unit and Secure Psychiatric Unit

(JLCAR Deadline October 14, 2019.)

 

 

(f)  FP 2019-117
Conditional Approval

DEPARTMENT OF CORRECTIONS

Resident Interaction Prohibited in Secure Psychiatric Unit

(JLCAR Deadline October 14, 2019.)

 

 

(g)  FP 2019-118
Conditional Approval

DEPARTMENT OF CORRECTIONS

Resident Case Management

(JLCAR Deadline October 14, 2019.)

 

 

(h)  FP 2019-119
Conditional Approval

DEPARTMENT OF CORRECTIONS

Physical Plant Management

(JLCAR Deadline October 14, 2019.)

 

 

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 August 15, 2019:

 

 

FP 2019-48

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Participant Directed and Managed Services

(Response received August 19, 2019 and confirmed August 21, 2019.)

 

 

FP 2019-78

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Special Supplemental Nutrition Program for Women, Infants and Children (WIC)

(Response received August 19, 2019 and confirmed August 20, 2019.)

 

 

FP 2019-79

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

New Hampshire Nursing Home Rules

(Response received August 19, 2019 and confirmed August 21, 2019.)

 

 

FP 2019-96

BOARD OF NURSING

Endorsement

(No response yet.)

 

 

FP 2019-97

MIDWIFERY COUNCIL

Complaint Procedures, Documentation for Initial Certification, Laceration Repairs

(No response yet.)

 

 

INT 2019-22

DEPARTMENT OF EMPLOYMENT SECURITY

Claimant Requirements

(Response received August 20, 2019 and confirmed August 20, 2019.)

 

 

REGULAR AGENDA

 

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

 

NOTE:  The following objection response was already postponed on August 15, 2019 to the regular Committee meeting on October 17, 2019:

 

OR 2019-5

BOARD OF EDUCATION

Learn Everywhere Program for High School Graduation Credit

(JLCAR Deadline October 23, 2019.)

 

 

7.   9:20 a.m.    BOARD OF NURSING

 

 

FP 2019-71
Preliminary Objection

Alternative Recovery Monitoring Program

(JLCAR Deadline September 20, 2019.)
(Formerly Item #8(a) on the 8-15-19 Agenda.)

 

 

8.   9:25 a.m.    BOARD OF ACCOUNTANCY

 

 

FP 2019-107
Postponed to 10/17/19
Regular Meeting

Application for Initial Certification, Reciprocity, and Return to Active Practice

(JLCAR Deadline October 7, 2019.)

 

 

9.   9:30 a.m.    PHARMACY BOARD

 

 

OR 2019-33
Postponed to 10/17/19
Regular Meeting

Registered and Certified Pharmacy Technician Duties

(JLCAR Deadline November 19, 2019.)

(Response not yet filed.  Response is due by September 30, 2019.)

 

 

10. 9:35 a.m.    DEPARTMENT OF CORRECTIONS

 

 

FP 2019-114
Approval

Work Release

(JLCAR Deadline October 14, 2019.)

 

 

11. 9:40 a.m.    DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  INT 2019-28 Approval

Former Division of Mental Health and Developmental Services

Healthcare Coordination and Medication Administration

(JLCAR Deadline December 11, 2019.  Existing rules will expire September 19, 2019.)

 

 

(b)  Discussion on the following emergency rule:
No Further Action

 

 

ER (Doc. #12861)

Former Division of Mental Health and Developmental Services

Medical Assistance Services Provided by Education Agencies

(Effective August 28, 2019.  Scheduled to expire February 24, 2020.)

 

 

12. 10:15 a.m.  BOARD OF EDUCATION

 

 

(a)  INT 2019-23
Approval

Qualifying Methods for Obtaining a Teaching Credential

(JLCAR Deadline December 4, 2019.  Most of the rules expired September 16, 2019.)

 

 

(b)  INT 2019-24
Approval

General Special Education Teacher and Early Childhood Special Education Teacher

(JLCAR Deadline December 4, 2019.  Most of the rules expired September 16, 2019.)

 

 

13. 10:25 a.m.  DEPARTMENT OF JUSTICE

 

 

(a)  FP 2019-85
Approval

Land Sales Full Disclosure Rules

(JLCAR Deadline October 21, 2019.  Former rules expired as interim rules April 30, 2019.)

 

 

(b)  FP 2019-86
Approval with Understanding

Condominium Rules

(JLCAR Deadline October 21, 2019.  Former rules expired as interim rules April 30, 2019.)

 

 

14. 10:35 a.m.  DEPARTMENT OF REVENUE ADMINISTRATION

 

 

FP 2019-98
Approval

Education Tax Credit Program Update

(JLCAR Deadline October 21, 2019.)

 

 

OTHER BUSINESS

 

15. 10:40 a.m.