JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

Action Minutes

 

FEBRUARY 15, 2008

 

 

Members Present:   Representatives Pilotte, Patten, Schmidt, Millham*, and Casey*, and Senators Fuller Clark, Cilley, and Downing.  (*)  Indicates alternate member.

 

(**)  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 Items #7 and #8.  However, Item #7 was approved, and Item #8 was tabled to the continued meeting, currently scheduled for March 7, 2008.)

 

1.  The Committee was convened at 9:04 a.m. by Rep. Pilotte as Chair.

 

     Members present at this time, aside from Rep. Pilotte, were Reps. Patten, Schmidt, Millham, and Casey, and Sens. Fuller Clark, Cilley, and Downing.

 

     Rep. Pilotte appointed Reps. Casey and Millham as alternates, respectively, for Reps. Mitchell and MacKay, who were absent.

 

     Rep. Millham left the meeting at this time.

 

2.  The Committee discussed the minutes of the Committee meeting on January 25, 2008.

 

     Rep. Patten moved that the minutes be approved.

 

     Sen. Downing seconded.

 

      Adopted.

 

     Rep. Millham returned to the meeting at this time.

 

3.  The Committee discussed the following final proposals from the agencies indicated (Consent Agenda – Final Proposals):

 

FP 2007-132

BOARD OF MANAGERS OF N.H. VETERANS HOME

Residence Eligibility Requirements

 

 

FP 2007-169

BOARD OF ARCHITECTS

Rules Regarding Applications and Qualifications for Licensure, Fees, Renewals,
and Ethical Standard

 

 

FP 2007-176

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Rules for the Joint Promotional Program (JPP)

 

 

FP 2007-179

BOARD FOR THE LICENSING AND REGULATION OF PLUMBERS

Procedures for Submission of Complaints of Misconduct by Plumbing Licensees and Certified Water Treatment Technicians; Settlement of Disciplinary Disputes

 

FP 2007-180

BOARD FOR THE LICENSING AND REGULATION OF PLUMBERS

Commencement of Adjudicative Proceedings; Role of Complainants and Board Staff

 

 

FP 2007-181

BOARD FOR THE LICENSING AND REGULATION OF PLUMBERS

Code of Ethics

 

 

FP 2007-183

GOVERNING BOARD OF ATHLETIC TRAINERS

National Athletic Trainers Association Board of Certification, Inc.; Multipart Application Form; Required Documents; Eligibility Requirements

 

 

FP 2007-184

GOVERNING BOARD OF ATHLETIC TRAINERS

Continued Status

 

 

FP 2007-185

GOVERNING BOARD OF ATHLETIC TRAINERS

Ethical Standards

 

 

FP 2007-190

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Fetch and Seasonal Dock Definitions

 

 

FP 2007-191

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Fetch; Dock Design; Aquatic Exotic Plant Control

 

 

FP 2007-205

DEPARTMENT OF EMPLOYMENT SECURITY

Training Fund

 

     Sen. Fuller Clark moved that the Committee approve the final proposals.

 

     Rep. Patten seconded.

 

     Adopted. 

 

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

 

     No action was taken at this time.

 

5.   The Committee discussed Final Proposal 2007-166 from the Board of Marital Mediator Certification (Fees).  Terry Sturke, Board Member, and Trudy Mott-Smith, of the Department of Administrative Services, testified for the Board.

 

     Sen. Cilley moved that the Committee approve Final Proposal 2007-166.

 

     Sen. Fuller Clark seconded.

 

     Adopted. 

 

6.   The Committee discussed Final Proposal 2007-162 from the Board of Nursing (Retired Status Designation, Competence to Practice, and Nursing Education Program Approval). 

 

     Rep. Patten moved that the Committee approve Final Proposal 2007-162.

 

     Rep. Casey seconded.

 

     Adopted.

 

**7. The Committee discussed Proposed Interim Rule INT 2008-1 from the Department of Environmental Services (Commissioner, Administrative Fine Schedules).  Gretchen Hamel testified for the Department.

 

        Sen. Downing left the meeting as the discussion on this item began.

 

     Sen. Fuller Clark moved that the Committee approve Proposed Interim Rule INT 2008-1.

 

     Rep. Patten seconded.

 

     Adopted.

 

     Rep. Millham left the meeting at this time.

 

**8. The Committee discussed Final Proposal 2007-211 from the Department of Environmental Services (Water Quality and Quantity Programs, Shoreland Protection).  Gretchen Hamel and Darlene Forst testified for the Department. 

 

     Sen. Downing and Rep. Millham returned to the meeting during the discussion of this item.

 

        The following persons also testified:

            Everett Pollard, representing Northcape Design, Inc.

            Deane Geddes.

            Paul W. Goodwin, representing N.H. Shoreland Association.

            Michael Garrety, representing Falls Brook, LLC.

            John B. Robinson, representing Wood and Clay Fine Homes.

            Robert Van Dyke.

            John Ratigan, of Donahue, Tucker & Ciandella, PLLC, representing Falls Brook, LLC.

            Barbara Aichinger.

 

     Rep. Casey and Sen. Downing left the meeting during the public testimony.

 

     Rep. Patten moved that the Committee table this item to the continued meeting, currently scheduled for March 7, 2008. 

 

     Sen. Fuller Cark seconded.

 

     Adopted. 

 

9.  After a break, with Reps. Pilotte, Patten, Schmidt, Millham, and Casey, and Sen. Cilley present, the Committee discussed Final Proposal 2007-196 from the Department of Health and Human Services (Former Division of Human Services, Expiring Rules Related to Good Cause Reasons for Failing to Comply with Child Support and NHEP Requirements, and Eligibility for Assistance Following Interstate Migration).  Dawn Landry and Lisabritt Solsky testified for the Department.

 

     The Department had submitted an amended conditional approval request in a letter and attached amended rules dated January 17, 2008.

 

     Rep. Patten moved that the Committee conditionally approve Final Proposal 2007-196 as requested.

 

     Rep. Millham seconded.

 

     Adopted.

 

10.  The Committee discussed requesting a waiver of the Committee review deadline under RSA 541-A:13, I of March 20, 2008 for the following final proposal:

 

FP 2007-189

BOARD OF PHARMACY

Amendments to Certain Licensing/Registration Fees and Additional Security and Dispensing Practices for Methadone Treatment Centers

 

     Rep. Patten moved that the Committee request a waiver from the Director of the Office of Legislative Services pursuant to RSA 541-A:40, IV of the deadline.

 

     Rep. Schmidt seconded.

 

     Adopted. 

 

11.  The Committee discussed Final Proposal 2007-187 from the Department of Health and Human Services (Division of Elderly and Adult Services, Targeted Case Management).  Susan Lombard and Donna Mombourquette testified for the Department.

 

      The following persons also testified:

Carolyn Virtue, representing Heritage Case Management and the N.H. Independent Case Management Association.

Robert Blaisdell, of the Demers Group, representing the N.H. Independent Case Management Association.

 

     The Department had submitted a request for conditional approval in a letter and attached amended rule dated February 12, 2008.

 

     Rep. Millham moved that the Committee conditionally approve Final Proposal 2007-197 as requested, but with the following amendments:  (1) Amend He-E 805.04(n)(1) by replacing “30 days” with “14 days”; (2) Insert a new paragraph He-E 805.04(q) to read: “Plan and take any remedial action necessary to address deficiencies in the service delivery identified in the review in (p);”, and renumber subsequent paragraphs; and (3) Amend He-E 805.07(d) by replacing the words “established by the BEAS” with “established pursuant to RSA 161:4, VI.”

 

     Rep. Patten seconded.

 

     Adopted.  Rep. Pilotte noted for the record that Sen. Cilley and Rep. Schmidt voted “no”.

 

12.  The Committee discussed requesting a waiver of the Committee review deadline under RSA 541-A:13, I of February 18, 2008 for the following final proposal:

 

FP 2007-182

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Assisted Living Residences-Residential Care Licensing

 

     Rep. Patten moved that the Committee request a waiver from the Director of the Office of Legislative Services pursuant to RSA 541-A:40, IV of the deadline.

 

     Rep. Casey seconded.

     Adopted. 

 

13.  Rep. Schmidt moved that the Committee recess, which effectively postponed the following items to the continued meeting:

 

9.   DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(d)  FP 2007-204

Former Division of Public Health Services

Adult Day Programs

(JLCAR Deadline March 17, 2008.)

 

 

(e)  FP 2007-170

Former Division of Mental Health and Developmental Services

Personal Safety Emergencies

(JLCAR Deadline March 17, 2008.)

 

 

(f)  FP 2007-174

Former Division of Human Services

Home Health Services

(JLCAR Deadline March 17, 2008.)

 

 

(g)  FP 2007-212

Former Division of Mental Health and Developmental Services

In-Home Supports

(JLCAR Deadline March 17, 2008.)

 

 

(h)  FP 2007-216

Former Division of Human Services

Independent Coverage Review; Service Limits, Non-Covered Services, and Co-Payments; Durable Medical Equipment, Prosthetic and Orthotic Devices, and

Medical Supplies

(JLCAR Deadline March 24, 2008.)

 

 

(i)  FP 2007-219

Former Division of Human Services

Creation of Interim Disabled Parents (IDP), Transitional Assessment Planning (TAP),

and Families With Older Children (FWOC) Categories of Financial Assistance

and Medical Assistance

(JLCAR Deadline March 24, 2008.)

 

     Rep. Patten seconded.

 

     Adopted.

 

     The Committee recessed at 1:15 p.m.