JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

 

Action Minutes

 

DECEMBER 16, 2010

 

 

Members Present:   Representatives Patten, Pilotte, Schmidt, Manuse, Kidder*, Sad*, Taylor*, Tremblay*, and Winter*, and Senators De Blois, Groen, Kelly, Merrill, Carson*, and Stiles*.  (*)  Indicates alternate members.

 

(**)  Indicates where Part 1, Article 28-a of the N.H. Constitution was an issue in the Committee’s discussions or decisions in this meeting.  (See Item #14 in the minutes.  However, that item was approved.)

 

1.  The meeting was convened at 9:05 a.m. by Rep. Pilotte as outgoing Vice-Chair.

 

     Members present at this time, aside from Rep. Pilotte, were Representatives Patten, Schmidt, Manuse, Kidder, Taylor, and Winter, and Senators De Blois, Groen, Kelly, Merrill, and Carson.

 

     Since there was no Chair at this time to designate alternates for absent regular members pursuant to RSA 541-A:2, I, Rep. Pilotte noted that only regular members present could vote for the Chair.

 

2.  Rep. Manuse nominated Rep. Patten to be Committee Chair.

 

     Rep. Schmidt seconded the nomination.

 

     Adopted.

 

     Rep. Patten as Chair now designated Rep. Kidder and Sen. Carson as alternates, respectively, for Rep. McGuire and Sen. Lambert, who were absent.  Rep. Kidder and Sen. Carson were now voting members.

 

3.  Sen. Kelly nominated Sen. Merrill to be Vice-Chair.

 

     Sen. De Blois seconded the nomination.

 

     Adopted.

 

4.  The Committee discussed the minutes of the Committee meeting of November 18, 2010.

 

     Rep. Pilotte moved that the minutes be approved.

 

     Sen. Carson seconded.

 

     Adopted.

 

     Rep. Sad arrived in the meeting at this time.

 

5.  The Committee discussed scheduling Committee meetings in 2011.

 

     Rep. Schmidt moved that the Committee schedule a continued meeting for January 7, 2011, and a regular meeting for January 21, 2011.

 

     Rep. Kidder seconded.

 

     Adopted.

 

6.  The Committee discussed the following Final Proposals and Proposed Interim Rule from the agencies indicated (Consent Agenda – Final Proposals and Proposed Interim Rule):

 

FP 2010-111

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Greenhouse Gas (GHG) Definitions

 

 

FP 2010-112

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Greenhouse Gas (GHG) Rule

 

 

FP 2010-113

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Mitigation of Regional Haze

 

 

FP 2010-114

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Underground Injection Control Requirements

 

 

FP 2010-117

FISH AND GAME DEPARTMENT

Fish and Game Guide Licenses

 

 

FP 2010-118

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Assisted Living Residence, Residential Care Licensing, Scope

 

 

FP 2010-119

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Medical Coverage Criteria Website Address Updates to Various Medicaid

Service Rules

 

 

FP 2010-121

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to Unwed Minor Parent Requirements, Qualified Pregnant Women and 60-Day Extended MA, and FANF Medical Assistance Only Cases

 

 

INT 2010-17

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Division of Elderly and Adult Services

Alzheimer's Respite Care Service

 

     Rep. Manuse moved that Final Proposal 2010-113 be taken off the consent agenda.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

     After further discussion, Rep. Manuse moved that Final Proposal 2010-112 and Final Proposal 2010-113 also be taken off the consent agenda.

 

     Sen. Carson seconded.

 

     Adopted.

 

     Rep. Pilotte moved that the remaining Final Proposals and Proposed Interim Rule be approved. 

 

     Sen. Carson seconded.

 

     Adopted.

 

7.  The Committee discussed whether to postpone action on certain items to another meeting.

 

     Rep. Pilotte moved that the Committee postpone action on the following items to the continued Committee meeting on January 7, 2011:

 

14. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2010-102

Former Division of Public Health Services

NH Nursing Home Rules

(JLCAR Deadline December 20, 2010.)

(Formerly Item #14 on 11-18-10 agenda.)

 

 

(b)  FP 2010-133

Former Division of Public Health Services

Healthcare Associated Infections - Hospital Reporting

(JLCAR Deadline January 18, 2011.)

 

 

(c)  FP 2010-107

Former Division of Public Health Services

Sanitary Production and Distribution of Food

(JLCAR Deadline January 18, 2011.)

 

 

(d)  FP 2010-120

Former Division of Human Services

Citizenship/Identity Requirements for All Categories of Financial and

Medical Assistance

(JLCAR Deadline January 18, 2011.)

 

 

(e)  FP 2010-130

Division of Elderly and Adult Services

Social Service Block Grant (Title XX)

(JLCAR Deadline January 18, 2011.)

 

 

 

 

(f)  FP 2010-132

Former Division of Mental Health and Developmental Services

Rights Protection Procedures

(JLCAR Deadline January 18, 2011.)

 

 

 

 

15. FP 2010-93

PEASE DEVELOPMENT AUTHORITY

Port Captains, Pilots, and Pilotage

(JLCAR Deadline January 14, 2011.)

 

 

16. Discussion on approval of the amended Drafting and Procedure Manual on Administrative Rules.

 

     Sen. Merrill seconded.

 

     Adopted.

 

     At this time Rep. Patten as Chair recognized that Rep. Tremblay and Sen. Stiles were present as Committee alternate members.

 

8.  The Committee discussed whether to request the Director of the Office of Legislative Services to waive the Committee’s deadline of December 20, 2010 for Final Proposal 2010-102.

 

     It was the consensus of the Committee to request a waiver of the deadline.

 

9.  The Committee discussed Proposed Interim Rule INT 2010-18 from the Department of Environmental Services (Air Related Programs, Stationary Sources of Volatile Organic Compounds (VOCs)).  Gretchen Hamel and Craig Wright testified for the Department.

 

     Rep. Schmidt moved that the Committee approve Proposed Interim Rule INT 2010-18.

 

     Sen. Carson seconded.

 

     Adopted.

 

10.  The Committee discussed the following Final Proposals from the Department of Environmental Services which had been taken off the consent agenda:

 

            FP 2010-111           Air Related Programs

                                          Greenhouse Gas (GHG) Definitions

 

            FP 2010-112           Air Related Programs

                                          Greenhouse Gas (GHG) Rule

 

            FP 2010-113           Air Related Programs

                                          Mitigation of Regional Haze

 

      Gretchen Hamel and Craig Wright testified for the Department.

 

      Rep. Schmidt moved that the Committee approve Final Proposal 2010-111 and Final Proposal 2010-112.

 

      Sen. Merrill seconded.

 

      Adopted.

 

      Rep. Patten noted for the record that Rep. Manuse and Sen. De Blois voted “no”.

 

11.  The Committee discussed Final Proposal 2010-70 from the Board of Medicine (Definitions and Access to Public Records, Practice and Procedures, Fees, Licensure Requirements, Renewal, Continuing Medical Education and Ongoing Requirements, and Ethical Standards for Physicians, Supervision of Physician Assistants, Initial and Renewal Procedures and Fees for Physician Assistants).  Dr. Robert J. Andelman, Board President, and Elyse Alkalay, from the Department of Justice, testified for the Board.

 

      Sen. Kelly left the meeting as the discussion began on this item.  Rep. Patten designated Sen. Stiles as an alternate for Sen. Kelly.  Sen. Stiles was now a voting member.

 

      Rep. Taylor as an alternate member also left the meeting as this time.

 

      The following persons also testified:

            Seth Wall, representing the Massachusetts College of Pharmacy and Health Sciences.

            Sylvio Dupuis, representing the Massachusetts College of Pharmacy and Health Sciences.

Susan Finerty, representing N.H. Society of Physician Assistants, who also submitted written testimony.

            Dr. Seddon Savage, representing the N.H. Medical Society.

            Janet Monahan, representing the N.H. Medical Society.

 

      Sen. Carson moved that the Committee make a preliminary objection to Final Proposal 2010-70 based on the Committee staff annotations to Final Proposal 2010-70 and on public testimony.

 

      Sen. Merrill seconded.

 

      Adopted.

 

      Rep. Patten noted for the record that Rep. Pilotte and Rep. Schmidt voted “no”.

 

12.  After a break, with Reps. Patten, Pilotte, Schmidt, Manuse, Kidder, Winter, Sad, and Tremblay, and Sens. De Blois, Groen, Carson, and Merrill present, the Committee discussed the response by the Board of Mental Health Practice to the Committee’s revised objection to Final Proposal 2008-166 (Licensing Requirements, Ethical and Professional Standards, Investigating Allegations, Disciplinary Sanctions, Continuing Education Requirements for Licensees.)  Joan Staigers Haley, Board Chair, and David Braiterman, Board member, testified for the Board. 

 

      Rep. Sad returned to the meeting during the discussion of this item.

 

      Rep. Patten noted for the record during the meeting that the following persons completed testimony cards that recorded their positions on the rules, but they chose not to speak:

            Anita Remig, who was opposed.

            Kathryn Saylor, Psy.D., representing the N.H. Psychological Association (NHPA), who was opposed.

Stuart Trachy, representing the N.H. Chapter of the National Association of Social Workers, who supported the rules.

            Joan Devenny, representing the NHPA, who was opposed.

            Frances Schopick, representing the NHPA, who was opposed.

            Leisl Bryant, representing the NHPA, who was opposed.

            Lauren Guth, representing the NHPA, who was opposed.

            Bill Gunn, representing the NHPA, who was opposed.

 

      The following persons testified:

            Shawn J. Hassell, representing the N.H. Association for Marriage and Family Therapy.

Dr. Deborah Warner, representing the N.H. Board of Mental Health Practice as a dissenting vote, and who also had submitted written testimony.

            Dr. H. Alan Goodman, representing N.H. Mental Health Counselors.

Michael Phillips, Ph.D., representing the NHPA and the Psychology Advisory Board, and who had also submitted written testimony.

            Sheila H. Gardner, Ph.D., representing the NHPA, and who also had submitted written testimony.

 

      Sen. Groen and Rep. Winter left during the public testimony.

 

      Anne D. McCausland, representing the Social Work Advisory Committee, had submitted written testimony dated October 21, 2010.

 

      Michael R. Kandle, Psy.D., had submitted written testimony dated December 4, 2010.

 

      The following persons had submitted written testimony by e-mail prior to the meeting:

            Roger Eugene Poire, Psy.D.                                                      Elise M. Bon-Rudin, Ed.D.

            George Tremblay, Ph.D.                                                            Jody Ransom, Psy.D.

            Ellen Schechter, Ph.D.                                                               Betty Lewicke, Ph.D.

            William J. Jamieson, Ph.D.                                                         Sandra K. Vallery, Ph.D.

            Edouard A. J. Carignan, Ph.D.                                                   Stephanie L. Griffin, Ph.D.

            Shawn J. Hassell.                                                                      Barry Litt.

            Sandra Rose, Ph.D.                                                                   Rebecca Beauzay.

            Eric Harris, Ph.D.                                                                     Karla LaRochelle.

            Stephen Gorin, Ph.D.                                                                 Stephen Price.

            Ann Hotchkiss, Ph.D.                                                                Tracy A. Strombon, Ph.D.

            James Beauregard, Ph.D.                                                          Roger Hatt.

            Sheila Gardner, Ph.D.                                                                Jama Rowena Colegrove.

            Elizabeth P. Hess, Ph.D.                                                            Linda Sue Webb.

            Michael A. Schneider, Psy.D.                                                    Sherry Phillips.

            Dr. Loralie Lawson, Ph.D.                                                         Amy Blanchard, Ph.D.

            Leisel M. Bryant, Ph.D.                                                             Jamie M. Hallengren.

            Thomas F. Burns, Ph.D.                                                                        Jillian B. Beverstock.

            Patricia Salt, Ph.D.                                                                    Phyllis W. Mackey.

            Dr. Foad Afshar                                                                        Candice Alizio.

            Anita Remig, Ed.D.                                                                   Joseph T. Keenan, Ph.D.

 

            Barton W. Bryant, Ph.D.                                                           Robert Walrath, Psy.D.

            Katherine M. Harris, Ph.D.                                                        Dawn Huebner, Ph.D.

            Tia Madaffari Hackett.                                                              Kevin P. Lyness.

            Tim Lowry.

 

      The Committee recessed after the oral public testimony.

 

13.  After a lunch break, with Reps. Patten, Pilotte, Schmidt, Manuse, Kidder, and Tremblay, and Sens. De Blois, Merrill, and Carson present, the Committee resumed discussion of the objection response to the Committee’s revised objection to Final Proposal 2008-166 from the Board of Mental Health Practice.  Joan Staigers Haley and David Braiterman resumed testifying for the Board.  Peggy Lynch also testified for the Board.

 

      Rep. Patten designated Rep. Tremblay as an alternate for Sen. Groen, who was absent.  Rep. Tremblay was now a voting member.

 

      It was the consensus of the Committee to postpone action on this item to the continued meeting on January 7, 2010 and to take no further testimony from the public and the Board.

 

**14.   The Committee discussed Final Proposal 2010-99 from the Department of Revenue Administration (Utility Property Tax).  Stephan Hamilton testified for the Department.

 

           Rep. Pilotte moved that the Committee approve Final Proposal 2010-99.

 

           Rep. Schmidt seconded.

 

           Adopted.

 

           Rep. Patten noted for the record that Sen. Carson and Rep. Tremblay voted “no”. 

 

15.  The Committee discussed Final Proposal 2010-115 from the Department of Revenue Administration (Interest and Dividends Tax).  Kathleen Sher testified for the Department.

 

      Rep. Manuse moved that the Committee approve Final Proposal 2010-115 and recommend that the Department address in future rulemaking the annotations by Committee staff to the Final Proposal.

 

      Sen. Carson seconded.

 

      Adopted.

 

16.  The Committee discussed Final Proposal 2010-92 from the Governing Board of Athletic Trainers (Renewal Application Requirements and Reinstatement Supporting Materials Requirements).

 

      Rep. Pilotte moved that the Committee postpone Final Proposal 2010-92 to the continued meeting on January 7, 2011 and request the Director of the Office of Legislative Services to waive the Committee’s deadline of December 17, 2010 for Final Proposal 2010-92.

 

      Sen. De Blois seconded.

 

           Adopted.

 

17.      The Committee recessed by consensus at 3:53 p.m., effectively postponing consideration of the following item to the continued meeting on January 7, 2011:

 

          

4. (c).  FP 2010-113

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Mitigation of Regional Haze

(JLCAR Deadline January 18, 2011.)

 

 

OTHER BUSINESS

 

17.       Other