JOINT
LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
REGULAR MEETING
TENTATIVE AGENDA
NOVEMBER 17, 2016 - 9:00 a.m.
ROOMS 306/308
LEGISLATIVE OFFICE BUILDING
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Senate
Members of JLCAR |
House
Members of JLCAR |
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Sen. John Reagan, Vice
Chair |
Rep. Carol M. McGuire,
Chair |
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Sen. Kevin Avard |
Rep. David H. Kidder |
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Sen. Sam Cataldo |
Rep. Rick M. Ladd |
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Sen. Dan Feltes |
Rep. Tara A. Sad |
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Sen. David Watters |
Rep. Peter B. Schmidt |
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Sen. Regina Birdsell
(Alt.) |
Rep. Suzanne H. Gottling
(Alt.) |
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Sen. Martha Fuller Clark
(Alt.) |
Rep. William A. Hatch
(Alt.) |
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Sen. Lou D'Allesandro
(Alt.) |
Rep. John Sytek (Alt.) |
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Sen. Gary Daniels (Alt.) |
(Alt.) |
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Sen. Nancy Stiles (Alt.) |
(Alt.) |
The
times and order specified for the agenda 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
a.m. Convene and Review Minutes
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JLCAR Deadlines Noted in Agenda: |
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For OR's and ROR's: |
Deadline is for
sponsoring a joint resolution. |
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For FP's: |
Deadline is for
approval, conditional approval, or preliminary objection. Otherwise, rule is
automatically approved. |
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For INT's: |
Deadline is for
approval or conditional approval. |
FP - Final Proposal
OR - Preliminary Objection Response
ROR - Revised Objection Response
ER - Emergency Rule
INT - Interim Rule
EXP - Expedited Repeal
EXRF - Expedited Revision to Form
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CONSENT AGENDA |
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(a) FP 2016-79 |
GOVERNING
BOARD OF ATHLETIC TRAINERS Initial
Application Processing (JLCAR Deadline December 5, 2016.) |
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(b) FP 2016-80 |
GOVERNING
BOARD OF ATHLETIC TRAINERS Continuing
Education (JLCAR Deadline December 5, 2016.) |
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(c) FP 2016-81 |
GOVERNING
BOARD OF RECREATIONAL THERAPISTS Requirements
for Licensure (JLCAR Deadline November 28, 2016.) |
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(d) FP 2016-82 |
GOVERNING
BOARD OF RECREATIONAL THERAPISTS Continued
Status (JLCAR Deadline November 28,
2016.) |
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(e) FP 2016-83 |
GOVERNING
BOARD OF RECREATIONAL THERAPISTS Ethical
Standards (JLCAR Deadline November 28, 2016.) |
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(f) FP 2016-92 |
WATER
WELL BOARD Water
Well Board Rules: Definitions (JLCAR Deadline December 16, 2016.) |
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(g) FP 2016-147 |
DEPARTMENT
OF ENVIRONMENTAL SERVICES Air
Related Programs VOC
Recordkeeping for Surface Coating and Printing Operations; Emission Based Fee (JLCAR Deadline December 8, 2016.) |
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(h) FP 2016-157 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Expiring
Rules Related to Income Computation for Medical Assistance, Employment
Expense Disregard for Medical Assistance, Eligibility for Nursing Facility
Care and Home and Community-Based Care (JLCAR Deadline November 28, 2016.) |
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(i) FP 2016-160 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Commissioner Waiver
of Precurement Provisions (JLCAR Deadline December 19, 2016.) |
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(j) FP 2016-165 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Mental Health and Developmental Services Autism
Registry (JLCAR Deadline December 5, 2016.) |
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(k) FP 2016-166 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Family
Planning Services (JLCAR Deadline December 12, 2016.) |
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(l)
FP 2016-169 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Solid Waste Programs Amendments to Solid Waste Operator Training
and Certification Requirements (JLCAR
Deadline December 16, 2016.) |
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3. 9:10 a.m. Committee
Conditional Approvals: |
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(a)
FP 2016-57 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Cross-Program Rules N.H. Environmental
Laboratory Accreditation Program (JLCAR
Deadline November 17, 2016.) (Formerly Item #16(a) on 10-20-16 agenda.) |
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(b)
FP 2016-97 |
GOVERNING BOARD OF PHYSICAL THERAPISTS Requirements for Initial Licensure (JLCAR
Deadline November 28, 2016.) |
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(c)
FP 2016-98 |
GOVERNING BOARD OF PHYSICAL THERAPISTS Continued Status (JLCAR
Deadline November 28, 2016.) |
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(d)
FP 2016-170 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner Certification Payment Standards for Adoptive
Report Writing (JLCAR
Deadline December 19, 2016.) |
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4. 9:15 a.m. Committee
Acceptance of Agency Responses to Objections: |
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(No Items) |
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5. 9:16 a.m. Committee
Issuance of Preliminary or Revised Objections to Final Proposals: |
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(No Items) |
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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. |
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Conditionally Approved July 21, 2016: |
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FP 2016-10 |
BOARD OF LICENSURE FOR LAND SURVEYORS Rules Regarding Licensure Requirements; Disciplinary
Matters, Continued Status, Ethical Standards and Research Standards (Response
received November 1, 2016 and confirmed November 1, 2016.) |
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Conditionally Approved September 15, 2016: |
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FP 2016-64 |
BOARD OF EDUCATION Specialist in Assessment of
Intellectual Functioning (SAIF) (Response
received October 24, 2016 and confirmed October 26, 2016.) |
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Conditionally Approved October 6, 2016: |
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FP 2016-127 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and Developmental
Services Conditional Discharge (Response received October 12,
2016. Converted to preliminary
objection pursuant to RSA 541-A:13,V(a).
Objection response filed October 12, 2016 and approved by JLCAR
October 20, 2016.) |
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FP 2016-91 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Communicable Diseases (Response
received October 27, 2016 and confirmed October 27, 2016.) |
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Conditionally Approved October 20, 2016: |
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FP 2016-85 |
LOTTERY COMMISSION Second Chance Drawings (Response
received October 26, 2016 and confirmed October 26, 2016.) |
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FP 2016-2 |
BOARD OF PSYCHOLOGISTS Organizational Rules, Practice and Procedure,
License and Registration Requirements, Applications and Fees, Continued
Status, Ethical Standards, Responsibilities of Psychologists, and
Professional Misconduct (Response received November 4,
2016 and confirmed November 4, 2016.) |
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FP 2016-44 |
BOARD OF PODIATRY Opioid Prescribing (Response not
yet received.) |
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FP 2016-45 |
BOARD OF REGISTRATION IN OPTOMETRY Opioid Prescribing (Response
received October 21, 2016 and confirmed October 21, 2016.) |
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FP 2016-131 |
BOARD OF NURSING Opioid Prescribing (Response not yet received.) |
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FP 2016-140 |
BOARD OF DENTAL EXAMINERS Opioid Prescribing (Response received November 10, 2016 and confirmed November 14, 2016.) |
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FP 2016-141 |
NATUROPATHIC BOARD OF EXAMINERS Opioid Prescribing (Response received October 24, 2016 and confirmed October 26, 2016.) |
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FP 2016-72 |
POLICE STANDARDS AND TRAINING COUNCIL Application and Qualification, Continued
Status, Ethical Standards and Training Approval (Response
received October 24, 2016 and confirmed October 27, 2016.) |
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INT 2016-31 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Medicaid General Program Information and
Provider Requirements (Response
received October 24, 2016 and confirmed October 24, 2016.) |
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FP 2016-121 |
DEPARTMENT OF SAFETY Rental Agent Rules (Response not yet received.) |
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FP
2016-150 |
INSURANCE DEPARTMENT Opt-In by Self-Funded Private Employers (Response
received November 3, 2016 and confirmed November 4, 2016.) |
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FP 2016-120 |
MIDWIFERY COUNCIL Certification Requirements; Continued Status; Scope
of Midwifery Practice (Response received November 10, 2016 and confirmed November 10, 2016.) |
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FP 2016-136 |
GUARDIAN AD LITEM BOARD Organizational Rules; Procedural Rules (Response
received October 21, 2016 and confirmed October 21, 2016.) |
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FP 2016-137 |
GUARDIAN AD LITEM BOARD Certification Requirements; Continued Status;
Ethical Standards and Standards of Practice (Response
received October 21, 2016 and confirmed October 21, 2016.) |
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REGULAR
AGENDA |
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6. 9:18 a.m. Consider
postponing action on certain items to another meeting. |
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7. 9:20 a.m. BOARD OF VETERINARY MEDICINE |
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FP 2016-142 |
Veterinary Medicine and Opioid Prescribing (JLCAR Deadline November 17,
2016.) (Formerly Item #14 on 10-20-16 agenda.) |
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8. 9:25
a.m. DEPARTMENT OF ENVIRONMENTAL
SERVICES |
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FP 2016-76 |
Water Quality and Quantity
Programs Surface Water Quality
Standards (JLCAR Deadline December 5, 2016.) |
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9. 9:35
a.m. WATER WELL BOARD |
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FP 2016-93 |
Water Well Board Rules (JLCAR Deadline December 16,
2016.) |
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10. 9:40 a.m. INSURANCE
DEPARTMENT |
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FP 2016-172 |
Prescription Prices for Pharmacists and Pharmacies (JLCAR Deadline December 19,
2016.) |
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11. 10:00 a.m. DEPARTMENT
OF HEALTH AND HUMAN SERVICES |
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(a) INT
2016-33 |
Commissioner Child Care Program Licensing Rules (JLCAR Deadline February 1,
2017. Most of the existing rules will expire
November 23, 2016.) |
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(b) INT
2016-34 |
Former Division of Public Health Services Assisted Living Residence-Residential Care Licensing (JLCAR Deadline February 8,
2017. Former rules expired April 3,
2016.) |
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(c) INT 2016-35 |
Former Division of Mental Health and Developmental
Services Rights of Persons Using Emergency Shelters (JLCAR Deadline February 8,
2017. Existing rules will expire November 22, 2016.) |
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(d) INT
2016-36 |
Former Division of Public Health Services Community Residences at the Residential Care and
Supported Residential Care Level (JLCAR Deadline February 8,
2017. Former rules expired October 3, 2016.) |
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(e)
FP 2016-176 |
Former Division of Public Health Services Use of Byproduct Materials in the Healing
Arts Recordkeeping, Accountability, Safety Instructions, and Training (JLCAR
Deadline December 19, 2016.) |
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(f)
FP 2016-177 |
Former Division of Public Health Services The Physical Protection of Category 1 and
Category 2 Quantities of Radioactive Material (JLCAR
Deadline December 12, 2016.) |
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12. 10:15 a.m. BOARD
OF EDUCATION |
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FP 2016-86 Postponed |
NH Rules for the Education of Children with
Disabilities (JLCAR
Deadline December 23, 2016.) |
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13. 11:15 a.m. DEPARTMENT
OF SAFETY |
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INT 2016-37 |
Interim Road Toll Administration Rules (JLCAR Deadline February 8, 2017.
Rule implements 2016, 189 (SB 494-FN-A), effective January 1, 2017.) |
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14. 11:20 a.m. Discussion
on the response to the following Committee rulemaking petition: |
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No Further
Action |
Petition on October 20, 2016 to the Guardian
ad Litem Board to amend Gal 215.04(a) relative to press restrictions in a
rulemaking hearing. |
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OTHER BUSINESS 15. 11:25 a.m. |
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