JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

Action Minutes

 

MAY 18, 2007

 

 

Members Present:   Representatives Pilotte, Patten, Schmidt, Millham*, Powers*, DeJoie*, and Casey*, and Senators Downing and Letourneau.  (*)  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 Item #7 below.  However, that item was approved.)

 

1.  The Committee was convened at 9:00 a.m. by Rep. Pilotte as Chair.

 

     Members present at this time, aside from Rep. Pilotte, were Reps. Patten, Schmidt, Millham, and DeJoie, and Sen. Downing.

 

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

 

2.  The Committee discussed the minutes of the Committee meeting on May 4, 2007.

 

     Rep. Patten moved that the minutes be approved.

 

     Rep. Downing seconded.

 

     Adopted.

 

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

 

FP 2006-178

BOARD OF MANAGERS OF N.H. VETERANS HOME

Communications with the Public

 

 

FP 2006-179

BOARD OF MANAGERS OF N.H. VETERANS HOME

Procedures for the Review of Determinations of Ineligibility for Residence; Complaint Procedures; Explanation of Adopted Rules

 

 

FP 2006-180

BOARD OF MANAGERS OF N.H. VETERANS HOME

Residency and Admission to New Hampshire Veterans' Home; Transfer and Discharge from the Home; Repeal of Full Pay Applicants

 

 

FP 2006-181

BOARD OF MANAGERS OF N.H. VETERANS HOME

Procedural Rules)

 

 

FP 2006-186

BOARD OF DIRECTORS, OFFICE OF LICENSED ALLIED HEALTH PROFESSIONALS

Renewal, Continuing Education and Ongoing Requirements

 

 

FP 2006-187

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Requirements for Licensure

 

 

FP 2006-188

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Certification for the Use of Physical Agent Modalities

 

 

FP 2006-189

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Continued Status

 

 

FP 2006-196

HEALTH SERVICES PLANNING AND REVIEW BOARD

Acute Care Facilities

 

 

FP 2007-5

BOARD OF MARITAL MEDIATOR CERTIFICATION

Certification Requirements

 

 

FP 2007-7

HEALTH SERVICES PLANNING AND REVIEW BOARD

Long Term Care Facilities

 

 

FP 2007-22

N.H. LOTTERY COMMISSION

Rules for Prize Assignments

 

 

FP 2007-26

INSURANCE DEPARTMENT

Permitting the Recognition of Preferred Mortality Tables for Use in Determining
Minimum Reserve Liabilities

 

 

FP 2007-31

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Public Health Laboratories (PHL) Fee Schedule

 

 

FP 2007-32

PARI-MUTUEL COMMISSION

Organizational Rules

 

     Rep. Millham moved that the Committee approve the final proposals.

 

     Rep. Patten seconded.

 

     Adopted.

 

4.  The Committee discussed the following final proposals which 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 was required in that case, and none was taken

 

Conditionally Approved April 20, 2007:

 

FP 2007-15

DEPARTMENT OF ENVIRONMENTAL SERVICES

 

Water Quality and Quantity Programs

Clean Water Revolving Loan Fund

(Response received and confirmed 4-26-07.)

 

Conditionally Approved May 4, 2007:

 

 

FP 2007-2

BOARD FOR THE LICENSING AND REGULATION OF PLUMBERS

Fees

Rules of Practice and Procedure

(Response not yet received.)

 

5.  The Committee began to discuss the response of the Department of Environmental Services to the Committee’s preliminary objection to Final Proposal 2006-111 (Water Quality and Quantity Programs, Sludge Management Rules).

 

     The Committee had voted on May 4 to take no further oral public testimony.

 

     Rep. Pilotte read into the record the names of the persons who had registered their support or opposition to the rules but did not speak.

 

     Sen. Letourneau arrived during this discussion.

 

     The Committee took no action at this time but discussed the next item.

 

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

 

     Rep. Patten moved that the Committee postpone action on the following items to the continued meeting on June 1, 2007:

 

13. FP 2007-33

PARI-MUTUEL COMMISSION

Duties of Licensees

(JLCAR Deadline June 4, 2007.)

 

 

14. FP 2007-19

BOARD OF DIRECTORS, OFFICE OF LICENSED ALLIED HEALTH PROFESSIONALS

Fees Charged by the Governing Boards

(JLCAR Deadline June 18, 2007.)

 

 

15. FP 2006-172

DEPARTMENT OF LABOR

Department of Labor and Appeals Hearings - Rules of Practice

(JLCAR Deadline June 18, 2007.  Former interim rules expired January 11, 2007.)

 

 

16.    DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2007-13

Former Division of Human Services

Institutional Residence, Special Medical Assistance Groups, and Standard of Need

(JLCAR Deadline June 18, 2007.)

 

 

(b)  FP 2007-29

Former Division of Public Health Services

Birthing Center Rules

(JLCAR Deadline June 18, 2007.)

 

 

(c)  FP 2007-40

Former Division of Mental Health and Developmental Services

Nursing Facility Preadmission Screening and Annual Resident Review (PASARR)

(JLCAR Deadline June 18, 2007.)

 

 

17. FP 2007-27

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Livestock Dealer Licensing and Slaughter of Cervidae and Bison

(JLCAR Deadline June 18, 2007.)

 

 

18. FP 2007-30

DEPARTMENT OF REVENUE ADMINISTRATION

Forms

(JLCAR Deadline June 18, 2007.)

 

 

19. OR 2006-197

BOARD OF MEDICINE

Rules Regarding Physicians Licensed or Applying for a License in New Hampshire

(JLCAR Deadline July 24, 2007.)

 

 

20. Remaining Responses to Preliminary and Revised Objections made in April 20, 2007 Meeting But Not
Yet Reviewed by Committee Staff.

 

 

(a)  ROR 2006-150

BOARD OF MEDICINE

Rules Regarding Practice and Procedures for Physicians Licensed in New Hampshire

(JLCAR Deadline July 24, 2007.  Existing interim rules expired December 13, 2006.)

 

 

21. Remaining Responses to Preliminary Objections made in May 4, 2007 Meeting But Not Yet Received by Committee Staff.

 

 

(a)  OR 2007-1

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Lead Poisoning Prevention and Control Rules

(JLCAR Deadline August 7, 2007.)

 

 

OTHER BUSINESS

 

22. Other

 

 

     Sen. Letourneau seconded.

 

     Adopted.

 

**7. The Committee resumed discussion of the response of the Department of Environmental Services to the Committee’s preliminary objection to Final Proposal 2006-111 (Water Quality and Quantity Programs, Sludge Management Rules).  Gretchen Hamel, Michael Rainey, and Patricia Hannon testified for the Department.

 

     Rep. Casey and Rep. Powers arrived during the discussion of this item.

 

     Rep. Pilotte appointed Reps. Casey and Powers as alternates, respectively, for Sen. Cilley and Sen. DeVries, who were absent.

 

     Sen. Letourneau moved that the Committee accept the response and approve the rules.

 

     Rep. Millham seconded.

 

     After further discussion, Sen. Letourneau amended his motion to include a recommendation that the Department work with the legislature on pending legislation on sludge management, with particular emphasis on heavy metals.

 

     Rep. Millham amended her second accordingly.

 

     The motion as amended was adopted.

 

8.  The Committee discussed Proposed Interim Rule INT 2007-13 from the Water Council (Water Council Procedural Rules).  Gretchen Hamel from the Department of Environmental Services testified for the Council.

 

     Rep. Casey left during the discussion of this item.

 

     Sen. Downing moved that the Committee approve Proposed Interim Rule INT 2007-13.

 

     Rep. Patten seconded.

 

     Adopted.

 

9.  The Committee discussed Proposed Interim Rule INT 2007-14 from the Department of Health and Human Services (Commissioner, Treatment Plan Components for Sexually Violent Predators).  John Wallace and Geoffrey Souther testified for the Department, and Robert MacLeod for the Department of Corrections.

 

     Rep. Patten moved that the Committee approve Proposed Interim Rule INT 2007-14 with the understanding that the Department would look at the selection and makeup of the treatment team in He-C 702.02(h) in the regular rulemaking process.

 

     Rep. Millham seconded.

 

     Adopted.

 

10.  After a break, with Reps. Pilotte, Patten, Schmidt, Millham, DeJoie, and Powers present, the Committee discussed Final Proposal 2006-166 from the Department of Health and Human Services (Former Division of Public Health Services, Shellfish Sanitation).  Paul Raiche and Michele Beasley testified for the Department.

 

     Rep. Patten moved that the Committee approve Final Proposal 2006-166 with the understanding that the Department will submit correct Incorporation by Reference Statements to address annotations by Administrative Rules Director Eaton to the Statement filed by the Department.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

11.  The Committee discussed the response of the Department of Health and Human Services to the Committee’s preliminary objection to Final Proposal 2007-23 (Division of Elderly and Adult Services, Nursing Facility Reimbursement Amendments).  Lisabritt Solsky and Jonathan McCosh testified for the Department.

 

     Sen. Downing, Sen. Letourneau, and Rep. Casey returned to the Committee during the discussion of this item.

 

     Rep. Patten moved that the Committee make a final objection to Final Proposal 2007-23, on the same grounds as in the preliminary objection, to He-E 806.31 (j)(3), (o)(3), and (p).

 

     Sen. Letourneau seconded.

 

     A roll call vote was called.  The vote was as follows:

 

 

YES

NO

Rep. Schmidt

X

 

Rep. Patten

X

 

Rep. DeJoie

X

 

Rep. Powers

X

 

Rep. Casey

X

 

Rep. Pilotte

X

 

 

 

 

Sen. Letourneau

X

 

Sen. Downing

X

 

 

 

 

Total

8

0

 

     The vote was 8 “yes” and 0 “no”.  The motion was adopted.

 

     It was the consensus of the Committee that the final objection was in lieu of a vote to sponsor a joint resolution, thereby allowing the Department to adopt the rules pursuant to RSA 541-A:14, I.

 

12.  The Committee discussed Final Proposal 2007-8 from the Department of Justice (Office of the Chief Medical Examiner).  Wynn Arnold and Dr. Thomas A. Andrew, Chief Medical Examiner, testified for the Department.

 

      The Department had submitted a request for conditional approval with an amended rule dated May 18, 2007.

 

      Rep. Pilotte left the meeting during the discussion of this item.

 

      Sen. Downing moved that the Committee conditionally approve Final Proposal 2007-8 as requested.

 

      Rep. DeJoie seconded.

 

      Adopted.

 

      Rep. Powers left the meeting at this time.

 

13.  The Committee discussed Final Proposal 2006-168 from the Insurance Department (Claim Settlement).  Deborah O’Loughlin, David Withers, and Chiara Dolcino testified for the Department. 

 

      Sen. Dowing left the meeting during the discussion of this item at 12:55 p.m.  A quorum of the Committee was no longer present, and therefore no action could be taken.

 

      The following members of the public then testified:

 

            Mark Contrada

            Brendan Perry, representing the N.H. Auto Dealers Association.

            Michael Berounsky, representing Ben’s Auto Body, Inc. of Portsmouth.

            Tony Lombardozzi

 

      Rep. DeJoie left the meeting during the discussion.

 

14.  The Committee recessed at 1:55 p.m., thereby postponing the following items:

 

10. INSURANCE DEPARTMENT

 

 

(a)  FP 2006-168

Claim Settlement

(JLCAR Deadline May 21, 2007.)

 

 

(b)  FP 2006-169

Standards for Safeguarding Customer Information

(JLCAR Deadline May 28, 2007.)

 

 

11. FP 2007-25

FISH AND GAME DEPARTMENT

Fish and Game Rules on the Importation, Possession and Use of All Wildlife; Non-Game Rule Relative to Reptiles

(JLCAR Deadline June 7, 2007.  Existing interim rule will expire May 21, 2007.)

 

      Pursuant to RSA 541-A:13, II(e), Final Proposals 2006-168 and 2006-1659 will be automatically approved after the Committee deadline unless the deadline were waived pursuant to RSA 541-A:40, IV.