JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

REGULAR MEETING

TENTATIVE AGENDA

OCTOBER 21, 2010 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING *

*Room 305 is available as a work room for agencies.

Senate Members of JLCAR	House Members of JLCAR
Jacalyn L. Cilley	Maurice L. Pilotte
Martha Fuller Clark	Peter B. Schmidt
Amanda Merrill	Betsey L. Patten
Robert J. Letourneau	Suzanne H. Gottling
Sharon M. Carson	Alida I. Millham
Kathleen G. Sgambati (Alt.)	Kathleen N. Taylor (Alt.)
Matthew S. Houde (Alt.)	Kimberley S. Casey (Alt.)
Betsi DeVries (Alt.)	Tara A. Sad (Alt.)
Michael Downing (Alt.)	David H. Kidder (Alt.)
Peter E. Bragdon (Alt.)

The times and order specified for the agenda and items listed below are only tentative. The Committee may change the order or may change the amount of time allotted for such items.

1. 9:00 am Convene and Review Minutes	8. 11:00 am FP 2010-46 Saf-C
	9. 11:45 am FP 2010-69 Pos
Consent Agenda	10. 12:30 pm Disc. on Register dates & Manual
2. 9:05 am Final Proposals	11. 1:00 pm LUNCH BREAK
3. 9:10 am Objection Responses	12. 2:00 pm ROR's 2008-165 & 166 Mhp – To be
4. 9:12 am Preliminary Objections	postponed
	13. 4:00 pm OR from 9-24-10 Meeting
Regular Agenda
5. 9:13 am Postpone Items	Other Business
6. 9:15 am FP's 2010-60 & 66 Ins	14. 4:30 pm Other
7. 10:15 am FP 2010-73 Pod

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule

EXP - Expedited Repeal

1. Convene and Review Minutes

JLCAR Deadlines Noted Below:
For OR's and ROR's:	Deadline is for sponsoring a joint resolution.
For FP's:	Deadline is for approval, conditional approval, or preliminary objection. Otherwise, rule is automatically approved.
For INT's:	Deadline is for approval or conditional approval. Otherwise, agency cannot adopt the interim rule.

CONSENT AGENDA
2. Committee Approval of Final Proposals:
(a) FP 2010-51 Approval	OFFICE OF LICENSED ALLIED HEALTH PROFESSIONALS Organizational Rules (JLCAR Deadline November 12, 2010.)
(b) FP 2010-52 Approval	OFFICE OF LICENSED ALLIED HEALTH PROFESSIONALS Procedural Rules (JLCAR Deadline November 12, 2010.)
(c) FP 2010-57 Approval	BOARD OF EDUCATION Endorsement Educator Technology Integrator (JLCAR Deadline October 28, 2010 See * below
(d) FP 2010-78 Approval	HEALTH SERVICES PLANNING AND REVIEW BOARD Cardiac Catheterization Data Reporting (JLCAR Deadline November 4, 2010.)
(e) FP 2010-80 Approval	DEPARTMENT OF ENVIRONMENTAL SERVICES Air Related Programs Testing and Monitoring Procedures (JLCAR Deadline November 22, 2010.)
(f) FP 2010-82 Approval	PEASE DEVELOPMENT AUTHORITY Division of Ports and Harbors Harbor Masters (JLCAR Deadline November 18, 2010.)
(g) FP 2010-94 Approval	FISH AND GAME DEPARTMENT NH/VT Reciprocity for Snowmobile Trails for a Weekend (JLCAR Deadline November 22, 2010.)
(h) FP 2010-95 Approval	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Pharmaceutical Services (JLCAR Deadline November 22, 2010.)
(i) FP 2010-96 Approval	FISH AND GAME DEPARTMENT Marine Rules Relative to Groundfish, Clams and Other Mollusks (JLCAR Deadline November 22, 2010.)
*The only issue with this final proposal is that the agency continued to operate under expired rules as noted in the fiscal impact statement.
3. Committee Acceptance of Agency Responses to Objections:
(No Items)
4. Committee Issuance of Preliminary or Revised Objections to Final Proposals:
(No Items)
NOTE: The following proposals 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 is required in that case.
Conditionally Approved July 15, 2010:
FP 2010-24	BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS Explanation After Adoption of Rules, License Appplication Procedures, Discliplinary Matters Including Fines, Continuing Education Standards, and Ethical Standards (Response not received yet.)
Conditionally Approved September 16, 2010:
INT 2010-12	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and Developmental Services Certification Standards for Behavioral Health Community Residences (Response received 9-21-10 and confirmed 9-21-10.)
INT 2010-14	FISH AND GAME DEPARTMENT Commercial Fisherman Sustainability (Response received 9-22-10 and confirmed 9-22-10.)
FP 2010-37	BOARD OF EDUCATION Definitions and Parental Consent (Response received 10-14-10 and confirmed 10-15-10.)
REGULAR AGENDA
5. Consider postponing action on certain items to another meeting.
6. INSURANCE DEPARTMENT
(a) FP 2010-60 Conditional Approval	Parity in Mental Health and Substance Use Disorder Benefits (JLCAR Deadline October 25, 2010.)
(b) FP 2010-66 Approval with Recommendation	Uniform Reporting System for Uninsured Patient Encounter Data (JLCAR Deadline October 25, 2010.)
7. FP 2010-73 Conditional Approval	BOARD OF PODIATRY Application and Examination Requirements for Podiatrists Applying for Licensure, Fees, Procedures for Renewal of Licenses and Procedures for Licensees and Applicants Changing their Home or Business Addresses (JLCAR Deadline October 29, 2010.)
8. FP 2010-46 Conditional Approval	DEPARTMENT OF SAFETY Voluntary Certification of Fire Protection Equipment Technicians Rules (JLCAR Deadline November 22, 2010.)
9. FP 2010-69 Conditional Approval	POSTSECONDARY EDUCATION COMMISSION Rules Governing the Evaluation of Institutions of Higher Learning (JLCAR Deadline November 22, 2010.)
10. Discussion on Rulemaking Register filing deadlines and publication date in the Manual. No Further Action
11. LUNCH BREAK
12. BOARD OF MENTAL HEALTH PRACTICE – To be postponed
(a) ROR 2008-165 Postponed to 11-4-10 Continued Meeting	Practice and Procedure Rules (JLCAR Deadline November 23, 2010.) (Formerly Item #16 on 10-7-10 agenda.)
(b) ROR 2008-166 Postponed to 11-4-10 Continued Meeting	Licensing Requirements, Ethical and Professional Standards, Investigating Allegations, Disciplinary Sanctions, Continuing Education Requirements for Licensees (JLCAR Deadline January 12, 2011.)
13. Response to Preliminary Objection Made in September 24, 2010 Meeting But Not Yet Received by Committee Staff:
OR 2010-67 Postponed to 11-4-10 Continued Meeting	INSURANCE DEPARTMENT New Hampshire Medical Malpractice Joint Underwriting Plan (JLCAR Deadline December 28, 2010.)
OTHER BUSINESS
14. Other