JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

Action Minutes

AUGUST 19, 2010

Members Present: Representatives Pilotte, Schmidt, Gottling, Millham, Taylor*, and Kidder*, and Senators Cilley and Merrill. (*) Indicates alternate members.

(**) Part 1, Article 28-a of the N.H. Constitution was not an issue in the Committee’s discussions or decisions in this meeting.

1. The meeting was convened at 9:02 a.m. by Rep. Pilotte as Vice-Chair.

Members present at this time, aside from Rep. Pilotte, were Reps. Schmidt, Gottling, Millham, Taylor, and Kidder.

Rep. Pilotte appointed Rep. Taylor and Rep. Kidder as alternatives, respectively, for Sen. Fuller Clark and Rep. Patten, who were absent.

2. The Committee discussed the minutes of the Committee meeting on July 15, 2010.

Rep. Millham moved that the minutes be approved.

Rep. Gottling seconded.

Adopted.

3. The Committee discussed amendments to the Drafting and Procedure Manual for Administrative Rules.

Sen. Cilley arrived during the discussion of this item.

Rep. Schmidt moved that the draft Manual be approved for agency and public comment, with the continued Committee meeting on October 7 as the date for a Committee hearing, and October 28 as the deadline for written and electronic comment.

Rep. Kidder seconded.

Adopted.

4. The Committee discussed the following Final Proposals (Consent Agenda – Final Proposals):

FP 2010-53	FISH AND GAME DEPARTMENT Fish and Game 2011 Fishing Rules
FP 2010-55	BOARD OF DENTAL EXAMINERS Dental Assistants, Board Committees, and Dental Radiographs
FP 2010-56	BOARD OF DENTAL EXAMINERS Course Approval, Substitute Terms, Anesthesia/Sedation Permits, Dental Assistants Update Editions
FP 2010-68	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Prenatal and Child/Family Health Care Support Services
FP 2010-71	DEPARTMENT OF HEALTH AND HUMAN SERVICES Division of Elderly and Adult Services Nursing Assistant Training Reimbursement

Rep. Schmidt moved that the Final Proposals be approved, except for Final Proposal 2010-68.

Rep. Gottling seconded.

Adopted.

5. The Committee discussed Final Proposal 2010-68 from the Department of Health and Human Services (Former Division of Human Services, Prenatal and Child/Family Health Care Support Services). Michael Holt testified for the Department.

Rep. Millham moved that the Committee approve Final Proposal 2010-68.

Rep. Schmidt seconded.

Adopted.

6. The Committee discussed the following response to a Committee preliminary objection (Consent Agenda – Responses to Objections):

OR 2010-17

BANKING DEPARTMENT Fidelity Coverage Requirements

This rule was conditionally approved on July 15, 2010. The conditional approval had converted pursuant to RSA 541-A:13, V(a) into a preliminary objection when the response was filed. Different dates had been selected by the agency as the correct dates for incorporated documents compared with what the Committee had conditionally approved. All other issues in the conditional approval were addressed, and no further bases for objection remained in the view of Committee staff.

Rep. Schmidt moved that the Committee accept the response and approve the rule.

Rep. Gottling seconded.

Adopted.

The Committee concluded with a brief discussion on conditional approvals.

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

Rep. Schmidt moved that the Committee postpone action on the following items to the continued Committee meeting on September 2, 2010:

12. DEPARTMENT OF SAFETY
(a) FP 2010-23	Various Road Toll Administrative Rules (JLCAR Deadline September 23, 2010.)
(b) FP 2010-40	Emergency Medical Services (JLCAR Deadline September 20, 2010. Most rules expired May 21, 2010.)
13. INT 2010-9	BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND EMBALMERS Practice and Procedure (JLCAR Deadline November 4, 2010. Former rules expired January 1, 2007.)
14. DEPARTMENT OF JUSTICE
(a) FP 2010-64	Land Sales Full Disclosure Rules (JLCAR Deadline September 16, 2010. Existing interim rule will expire September 27, 2010.)
(b) FP 2010-65	Condominium Rules (JLCAR Deadline September 16, 2010. Existing interim rule will expire September 27, 2010.)
15. Discussion of the following Emergency Rules:
DEPARTMENT OF EMPLOYMENT SECURITY
(a) Doc. #9761 Effective 7-26-10	Coordination of Emergency Unemployment Compensation with Regular Compensation
(b) Doc. #9764 Effective 7-30-10	Emergency Unemployment Compensation and the State-Federal Extended Benefits Program
16. Response to Preliminary Objection Made In July 15, 2010 Meeting But Not Yet Received by Committee Staff:
(a) OR 2010-26	DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner Submission of Health Care Facility Financial Data (JLCAR Deadline October 19, 2010.)
OTHER BUSINESS
17. Other

Rep. Gottling seconded.

Adopted.

8. The Committee discussed Final Proposal 2010-47 from the Fish and Game Department (Fish and Game – Field Trial Rules). Sandra Falicon testified for the Department.

Sen. Cilley moved that the Committee conditionally approve Final Proposal 2010-47 on the condition that the word “organized” be deleted from rules Fis 814.01(b) and Fis 814.02(a).

Rep. Schmidt seconded.

Adopted.

9. The Committee discussed Proposed Interim Rule INT 2010-8 from the Fish and Game Department (Lobster Tail Processing). Sandra Falicon and Lt. Jeffrey A. Marston testified for the Department.

Rep. Schmidt moved that the Committee approve Proposed Interim Rule INT 2010-8 with the recommendation that the Department seek legislation for a statutory change in RSA 211:38-a to address the sale of lobster tails.

Rep. Kidder seconded.

Adopted.

10. The Committee discussed Proposed Interim Rule INT 2010-61 from the Public Utilities Commission (Competitive Electric Power Supplier and Aggregator Rules). Commissioner Clifton Below and Edward Damon testified for the Commission.

Sen. Cilley moved that the Committee approve Proposed Interim Rule INT 2010-61.

Rep. Schmidt seconded.

Adopted.

11. The Committee discussed Proposed Interim Rule INT 2010-10 from the Department of Health and Human Services (Division of Elderly and Adult Services, Nursing Facility Services). Michael Holt testified for the Department.

The Department had submitted a request for conditional approval in a letter and amended rule dated August 18, 2010.

Rep. Schmidt moved that the Committee accept the conditional approval request and conditionally approve Proposed Interim Rule INT 2010-10 based on the request.

Rep. Gottling seconded.

Adopted.

12. The Committee discussed Final Proposal 2010-10 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Certification Standards for Community Residences). Maya Glover and Karen Kimball testified for the Department.

The Department had submitted a request for conditional approval in a letter and amended rule dated August 17, 2010.

Sen. Cilley left the meeting during the discussion of this item.

Rep. Taylor moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2010-10 based on the request.

Rep. Schmidt seconded.

Adopted.

13. After a break, with Representatives Pilotte, Schmidt, Gottling, Millham, Taylor, and Kidder, and Senator Merrill present, the Committee discussed Final Proposal 2010-72 from the Department of Health and Human Services (Commissioner, Child Care Family Cost Share and Improper Billing). Maya Glover and Dr. Ellen Wheatley testified for the Department.

The Department had requested a conditional approval in a letter and amended rule dated August 18, 2010.

Sen. Cilley returned to the meeting during the discussion of this item.

Rep. Millham moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2010-72 based on the request.

Rep. Gottling seconded.

Adopted.

14. The Committee discussed Final Proposal 2010-63 from the Department of Health and Human Services (Former Division of Human Services, Criteria for Exemptions to the 60-Month Lifetime Limit on Receipt of Financial Assistance to Needy Families (FANF)). Jennifer Jones and Kerry Nelson testified for the Department.

Sarah Mattson, representing N.H. Legal Assistance, also testified.

There was no action at this time, as the Committee recessed on this item in order to provide an opportunity for the Department and N.H. Legal Assistance to confer on possible amended language for the rules.

15. The Committee discussed the response of the Board of Mental Health Practice to the Committee’s preliminary objection to Final Proposal 2008-165 (Practice and Procedure Rules). Joan Staigers Haley, Board Chairperson, and David Braiterman, Board member, testified for the Board.

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

The Committee recessed at this time without taking action in order to discuss Final Proposal 2010-63 from the Department of Health and Human Services.

16. The Committee resumed discussion on Final Proposal 2010-63 from the Department of Health and Human Services (Former Division of Human Services, Criteria for Exemptions to the 60-Month Lifetime Limit on Receipt of Financial Assistance to Needy Families (FANF)). Jennifer Jones testified for the Department.

Sarah Mattson also testified for the N.H. Legal Assistance.

Rep. Schmidt moved that the Committee approve Final Proposal 2010-63.

Sen. Merrill seconded.

Adopted.

17. The Committee resumed discussion on the response by the Board of Mental Health Practice to the Committee’s preliminary objection to Final Proposal 2008-165 (Practice and Procedure Rules). Joan Staigers Haley, Chairperson, and David Braiterman, Board member, testified for the Board.

The following persons also testified:

Dr. Michael Philips.

Dr. Deborah Warner.

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

The Board requested a revised objection to Mhp 201.02(a) and (k), Mhp 207.13(b), Mhp 209.01, and Mhp 210.03(b), based on public testimony and annotations to the rules by Committee staff.

Rep. Schmidt moved that the Committee make a revised objection to Objection Response 2008-165 as requested by the Board.

Rep. Millham seconded.

Adopted.

Sen. Cilley left the meeting at this time.

18. The Committee discussed the response of the Board of Mental Health Practice to the Committee’s preliminary 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 Chairperson, and David Braiterman, Board member, testified for the Board.

The following persons also testified;

Rep. Neal Kurk.

Rep. Daniel C. Itse.

Dr. Michael Philips.

Dr. Deborah Warner.

Rep. Anthony Soltani registered his opposition to the rules but was not available when called by Rep. Pilotte as Vice-Chair.

The following persons registered their opposition to the rules but chose not to speak:

Rep. Michael Gilman.

Rep. Alfred Baldasaro.

Rep. Robert Mead.

Cody Diehl, representing the N.H. Psychological Association (NHPA).

Dr. Leisl M. Bryant, representing the NHPA.

Dr. Kathryn Saylor, representing the NHPA.

Dr. Michael Kordle, representing the NHPA.

Dr. Linda Rose, representing the NHPA.

Arlene Brewstein, representing the NHPA.

Dr. Sheila Gardner, representing the NHPA.

Frances Schopick, representing the NHPA.

Gail Mears, representing the N.H. Board of Mental Health Practice, registered her support of the rules but chose not to speak.

Sen. Merrill left the meeting at 1:33 p.m. As noted by Rep. Pilotte as Vice-Chair, there was no longer a quorum.

Dr. Michael Philips and Dr. Deborah Warner continued to testify.

Rep. Schmidt left the meeting at 1:37 p.m., and Sen. Cilley and Rep. Taylor left at 2:00 p.m.

The Committee recessed at 2:11 p.m.