Joint Legislative Committee on Administrative Rules
Action Minutes
MAY 25, 2006
Members Present: Representatives
Patten, Taylor, Millham, Carson*, and Mitchell*, and Senators Clegg,
Letourneau, and Clark. (*) Indicates
alternate member.
(**)
Indicates were Part 1, Article 28-a was
an issue in the Committee’s discussions or decisions in this meeting. (See Item 26.
However, this item was approved.)
1. The meeting was convened at 9:10 a.m. by Rep.
Patten as Vice Chair.
Members present at this time, aside from
Rep. Patten, were Reps. Millham and Carson, and Sens. Clegg, Letourneau, and
Clark.
Rep. Patten appointed Rep. Carson as an
alternate for Rep. Allan, who was absent.
2. The Committee discussed the minutes of the
regular meeting on April 21, 2006.
Sen.
Clark moved that the minutes be approved with a change to correct, if necessary
on page 7, the apparent extra reference to Sen. Clark as a second on Item 16.
Rep.
Carson seconded.
Adopted.
3. The Committee discussed the following final proposals and proposed interim rules (Consent Agenda – Final Proposals and Proposed Interim Rules):
FP 2005-166 |
NATUROPATHIC
BOARD OF EXAMINERS Reinstatement of Lapsed and Suspended Licenses; New Licenses Required After Denial of Renewal |
|
|
FP
2006-3 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Personal Property Resources |
|
|
FP 2006-10 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Division of Air Resources Permits for the Combustion of Non-Exempt Fuel |
|
|
FP 2006-30 |
FISH
AND GAME DEPARTMENT Wildlife Rules for 2006/2007 |
|
|
FP 2006-34 |
PARI-MUTUEL COMMISSION Rules of Practice |
|
|
FP
2006-41 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Ambulance Services |
|
|
FP 2006-47 |
FIRE STANDARDS AND TRAINING COMMISSION Waiver Rule |
|
|
INT
2006-15 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and Developmental Services Rights of Persons Receiving
Mental Health Services in the Community |
|
|
INT
2006-16 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and Developmental Services Rights of Persons Receiving Developmental
Services in the Community |
|
|
INT
2006-18 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Podiatrist
Services |
Sen. Clark moved that the Committee approve
the final proposals and proposed interim rules.
Sen.
Clegg seconded.
Adopted.
4. The Committee discussed the following response by the agency indicated to the prior preliminary objection made by the Committee (Consent Agenda – Responses to Objections):
OR 2005-218 |
INSURANCE DEPARTMENT Ins
1906 Discontinuance and Replacement of Group Accident and Health Coverage |
Sen. Clegg moved that the Committee accept
the response and approve the rules.
Rep. Carson seconded.
Adopted.
5. The Committee discussed whether to postpone
action on certain items to another meeting.
No action to postpone was taken at this
time.
Rep. Taylor arrived at this time.
6. The Committee discussed briefly the following
final proposals which were automatically approved pursuant to RSA 541-A:13, II
(e) after the Committee deadline of May 22, 2006:
FP
2006-22 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Pharmaceutical Services -
Lock-In Program. |
|
|
FP
2006-23 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner Scheduling of Substances |
No further action was taken.
7. The Committee discussed Proposed Interim Rule
INT 2006-17 from the Department of Health and Human Services (Former Division
of Mental Health and Developmental Services, Rights of Persons in State Mental
Health Facilities). Raymond Perry and
Michael Holt testified for the agency.
Rep. Taylor moved that the Committee approve Proposed Interim Rule INT
2007-17.
Sen. Clark seconded.
Adopted.
8. The Committee discussed Final Proposal 2006-20
from the Department of Health and Human Services (Former Division of Public
Health Services, New Hampshire Cold Storage Rules). Paul Raiche and John Martin testified for the
agency.
Sen. Clark moved that the Committee approve
the rule with the understanding that editorial changes would be made to delete
He-P 2350.15 and make other changes to address Committee staff annotations,
except for annotations to He-P 2350.05 (a) and He-P 2350.28 (b) (2).
Rep. Millham seconded.
Adopted.
9. The Committee discussed Final Proposal 2006-27
from the Board of Medicine (Rules Governing the Practice of Physician
Assistants). Penny Taylor testified for
the agency.
The Board had requested a conditional
approval in an amended conditional approval request in a letter dated May 16,
2006 and attached rule.
Sen. Clark moved that the Committee
conditionally approve Final Proposal 2006-27 as requested by the agency with
the additional change that “under Med 609” be inserted at the end of Med 605.02
(a).
Rep. Taylor seconded.
Adopted.
Rep. Mitchell arrived at this time.
10. The Committee discussed Proposed Interim Rule
INT 2006-20 from the Board of Medicine (Practice and Procedure Rules Regarding
Physicians Licensed or Applying for a License in
Sen.
Clegg moved that the Committee approve Proposed Interim Rule INT 2006-20.
Rep.
Taylor seconded.
Adopted.
Rep.
Patten appointed Rep. Mitchell as an alternate for Rep. Wall, who was absent.
Sen.
Clark left the meeting at this time.
11. The Committee discussed Final Proposal 2006-5
from the Board of Managers of the N.H.Veterans Home (Full Pay Applicants). Trudy Mott-Smith of the Department of
Administrative Services, Home Commandant Barry Conway, and Ellen Douville
testified for the Board.
The
following persons also testified:
Judith Jones, representing N.H. Legal
Assistance.
Kenneth M. Tarr.
Sen. Joseph Kenney.
Rep. Lynne Ober.
James N. Yannakis.
The
following persons registered their support of the final proposal but chose not
to speak:
Tony Rabbia, representing the American
Legion.
Daniel Greenlaw, representing Veterans of
Foreign Wars of N.H.
Rick Murphy.
Sen.
Clark moved that the Committee approve Final Proposal 2006-5.
Sen.
Letourneau seconded.
Adopted. Rep. Patten noted for the record that Rep.
Carson voted in the negative.
12. After
a break, with Reps. Patten, Taylor, Millham, and Mitchell, and Sen. Letourneau
present, the Committee briefly discussed an emergency rule filed by the
Department of Employment Security (Application of Wages) and effective May 10,
2006.
It
was the consensus of those members present that discussion of this item be
postponed to the continued Committee meeting on June 2, 2006.
13. The
Committee discussed Final Proposal 2005-222 from the Board of Education
(Certification Standards for Educational Personnel, Approval of Professional
Preparation Programs). Dr. Judith
Fillion testified for the agency.
Dr. Fillion presented, on behalf of the
Board, a request for conditional approval with an amended rule Ed 507.10.
Rep. Carson returned to the meeting during
the discussion of this item, thereby completing a quorum of the Committee, but
Sen. Letourneau left.
Since there was not a quorum present to
take action, the Committee discussed the next item.
14. The Committee discussed Final Proposal 2006-28
from the Public Utilities Commission (Organizational Rules). Donald M. Kreis and Suzanne Amidon testified
for the Commission.
The Commission had submitted a request for
conditional approval in a letter dated May 23, 2006 from Donald Kreis with an
amended rule dated May 18, 2006.
Since a quorum was not present to take
action the Committee discussed the next item.
15. Sen. Letourneau returned to the meeting at
this time, and, with a quorum now present, the Committee resumed discussion of
Final Proposal 2005-222 from the Board of Education (Certification Standards
for Educational Personnel, Approval of Professional Preparation Programs).
Rep. Carson moved that the Committee
conditionally approve Final Proposal 2005-222 as requested by the Board.
Rep. Millham seconded.
Adopted.
16. The Committee resumed discussion of Final
Proposal 2006-28 from the Public Utilities Commission (Organizational Rules).
Rep. Taylor moved that the Committee
conditionally approve Final Proposal 2006-28 as requested by the Commission.
Rep. Carson seconded.
Adopted.
17. The Committee discussed Final Proposal 2006-29
from the Public Utilities Commission (Rules for General Operations, Adjudicative
Proceedings, and Complaints). Donald M.
Kreis and Suzanne Amidon testified for the Commission.
The following persons also testified:
Sarah
Knowlton, of the McLane Law Firm, representing Pennichuck Water Works, Inc.;
Pennichuck
East Utilities, Inc.; Pittsfield Aqueduct Co., Inc., and KeySpan.
Fred
Coolbroth, of Devine, Millimet, and Branch, representing New Hampshire
Telephone Association.
Rep. Carson moved that the Committee
conditionally approve Final Proposal as requested by the Commission, with the
additional change of amending Puc 203.09 (i)(2) by changing the words “within 7
days” to “up to 15 business days”.
Sen. Letourneau seconded.
Adopted.
18. The Committee discussed Proposed Interim Rule
INT 2006-19 from the Board of Nursing (Practice and Procedure; Licensing
Requirements; Education; Nursing Assistants).
Trudy Mott-Smith of the Department of Administrative Services and
Margaret Walker, Executive Director of the Board, testified for the Board.
Rep. Carson left the meeting during the
discussion of this item.
Since a quorum was not present to take
action, the Committee discussed the next item.
19. The Committee discussed Final Proposal 2006-32
from the Department of Revenue Administration (Procedural Rules). Kathleen Sher testified for the Department.
The Department had requested a conditional
approval in a letter dated May 22, 2006 and a rule dated May 18, 2006.
Rep. Carson returned to the meeting during
the discussion of this item.
With a quorum now present, Rep. Taylor
moved that the Committee conditionally approve Final Proposal 2006-323 as
requested by the Department, with the additional change of deleting Rev 201.07
(b)(5) and Rev 201.09 (c)(4) as they appeared in the request.
Rep. Mitchell seconded.
Adopted.
20. Lunch break at 12:40 p.m.
21. Returning from lunch at 1:09 p.m. with Reps.
Patten, Taylor, Millham, and Mitchell, and Sen. Letourneau present, the
Committee discussed Final Proposal 2006-33 from the Department of Revenue
Administration (Railroad and Private Railroad Car Companies). Kathleen Sher testified for the Department.
The Department had requested a conditional
approval in a letter dated May 22, 2006.
Since a quorum was not yet present to take
action, the Committee discussed the next item.
22. The Committee discussed Final Proposal 2006-25
from the Department of Revenue Administration (Meals and Rentals). Kathleen Sher testified for the Department.
Rep. Carson returned to the meeting during
the discussion of this item. With a
quorum now present, the Committee resumed discussion of prior items.
23. The Committee resumed discussion of Final
Proposal 2006-33 from the Department of Revenue Administration (Railroad and
Private Railroad Car Companies).
Sen. Letourneau moved that the Committee
conditionally approve Final Proposal 2006-33 as requested by the Department.
Rep. Millham seconded.
Adopted.
24. The Committee resumed discussion of Proposed
Interim Rule INT 2006-19 from the Board of Nursing (Practice and Procedure;
Licensing Requirements; Education; Nursing Assistants).
Rep. Taylor moved that the Committee
approve Proposed Interim Rule INT 2006-19.
Rep. Carson seconded.
Adopted.
25. The Committee resumed discussion of Final
Proposal 2006-25 from the Department of Revenue Administration (Meals and
Rentals). Kathleen Sher again testified
for the Department.
The Department had requested a conditional
approval in a letter dated May 22, 2006 and a rule dated May 18, 2006.
Ann McLane Kuster of Rath, Young, and
Pignatelli Professional Association, also testified, representing the N.H.
College University Council and the Independent Schools of Northern New England
- New Hampshire.
Rep. Carson moved that the Committee
conditionally approve Final Proposal 2006-25 as requested by the Department,
with the additional change to address the annotation by Committee staff to
change an indirect requirement to a direct one and to renumber the rules within
Rev 702 because Rev 702.07 was used twice.
Rep. Mitchell seconded.
After further discussion Rep. Carson
withdrew her motion and Rep. Mitchell withdrew her second.
Rep. Mitchell then moved that the
Committee make a preliminary objection to Final Proposal
2006-25 on the grounds as outlined by Committee staff to change an indirect requirement
to a direct one and that the rule numbering within Rev 702 was unclear and
should be changed since there are two sections numbered Rev 702.07.
Rep. Carson seconded.
Adopted.
**26. The Committee discussed Final Proposal
2006-31 from the Department of Revenue Administration (Monitoring). Kathleen Sher testified for the Department.
Eugene T. Reed of
Rep. Taylor moved that the Committee
approve Final Proposal 2006-31.
Rep. Millham seconded.
Adopted.
27. Rep. Taylor moved that the Committee postpone
consideration of the following items to the continued meeting on June 2:
15. FP 2005-214 |
LIQUOR COMMISSION Procedural Rules and Enforcement Policy (JLCAR Deadline June 12, 2006. Existing interim rules expire June 29, 2006.) |
|
|
16. DEPARTMENT OF SAFETY |
|
|
|
(a) FP 2006-19 |
Voluntary Certification of
Heating Technicians (JLCAR Deadline June 19, 2006.) |
|
|
|
|
(b) FP 2006-39 |
Various Carnival Amusement Ride Rules (JLCAR Deadline June 19, 2006.) |
|
|
(c) FP 2006-43 |
Various Operation of the Central Repository
Criminal Record Rules (JLCAR Deadline June 19, 2006.) |
|
|
17. FP
2006-42 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner Foster Family Care Licensing
Requirements (JLCAR Deadline June 19, 2006.) |
|
|
18. Remaining Responses to Preliminary Objections
made in March 24, 2006 Meeting But Not Yet Received by Committee Staff. |
|
|
|
(a) OR 2005-213 |
POSTSECONDARY EDUCATION COMMISSION Pos 1000 Rules Governing the Evaluation of Institutions of Higher Learning (No JLCAR deadline since agency objection response deadline has been waived.) |
|
|
19. Remaining
Responses to Preliminary Objections made in April 21, 2006 Meeting But Not
Yet Received or Not Yet Reviewed by Committee Staff. (JLCAR Deadline July 25, 2006.) |
|
|
|
(a) OR 2005-231 |
BOARD OF
NURSING Nurse Licensure Compact Rules (Withdrawn
by agency. No further Committee action
is necessary.) |
|
|
(b) OR 2006-24 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner Certification for Payment
Standards for Residential Facilities |
|
|
OTHER BUSINESS |
|
20. Other |
|
Rep. Carson seconded.
Adopted.
28. The Committee recessed at 2:05 p.m.