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 New Hampshire).  Penny Taylor testified for the agency.

 

     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 Nottingham, N.H. testified in opposition to the rule.

 

      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.