JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

REGULAR MEETING

TENTATIVE AGENDA

MARCH 18, 2016 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

Senate Members of JLCAR	House Members of JLCAR
Sen. John Reagan, Vice Chair	Rep. Carol M. McGuire, Chair
Sen. Kevin Avard	Rep. David H. Kidder
Sen. Sam Cataldo	Rep. Rick M. Ladd
Sen. Dan Feltes	Rep. Tara A. Sad
Sen. David Watters	Rep. Peter B. Schmidt
Sen. Regina Birdsell (Alt.)	Rep. Suzanne H. Gottling (Alt.)
Sen. Martha Fuller Clark (Alt.)	Rep. William A. Hatch (Alt.)
Sen. Lou D'Allesandro (Alt.)	Rep. John Sytek (Alt.)
Sen. Gary Daniels (Alt.)	(Alt.)
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

JLCAR Deadlines Noted in Agenda:
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.

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

CONSENT AGENDA
2. 9:05 a.m. Committee Approval of Final Proposals and Proposed Interim Rules:
(a) FP 2015-162 Conditional Approval with Recommendation	BOARD OF REGISTRATION OF MEDICAL TECHNICIANS Organization, Practice and Procedure; Registration Requirements, Applications and Fees; Registration Renewal and Reinstatement (JLCAR Deadline April 18, 2016.)
(b) FP 2015-175 Approval	COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION UNIQUE Annual Allocation Scholarship Program (JLCAR Deadline April 15, 2016.)
(c) FP 2016-1 Approval	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Verification of Good Cause for Non-Cooperation with Child Support Requirements for FANF and Good Cause for Non-Participation in the New Hampshire Employment Program (NHEP) (JLCAR Deadline April 14, 2016.)
(d) FP 2016-5 Approval	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Public Health Laboratories Fee Schedule (JLCAR Deadline April 14, 2016.)
(e) INT 2016-7 Approval	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Expiring Rules Related to Asset Transfers, Undue Hardship Waivers for Asset Transfer Penalties or for Individuals with Substantial Home Equity, and Real Property Resources in the Cash and Medical Assistance Programs (JLCAR Deadline June 8, 2016. Most of the rules will expire April 22, 2016.)
3. 9:10 a.m. Committee Conditional Approvals:
(a) FP 2015-161 Conditional Approval	DEPARTMENT OF ENVIRONMENTAL SERVICES Drinking Water Programs Groundwater Sources of Bottled Water (JLCAR Deadline April 11, 2016.)
(b) FP 2015-170 Conditional Approval	DEPARTMENT OF ENVIRONMENTAL SERVICES Drinking Water Programs Sources of Water: Definitions (JLCAR Deadline April 11, 2016.)
(c) FP 2015-171 Conditional Approval	DEPARTMENT OF ENVIRONMENTAL SERVICES Drinking Water Programs Production Wells for Large Community Water Systems (JLCAR Deadline April 11, 2016.)
(d) FP 2015-172 Conditional Approval	DEPARTMENT OF ENVIRONMENTAL SERVICES Drinking Water Programs Small Production Wells for Small Community Water Systems (JLCAR Deadline April 11, 2016.)
(e) FP 2015-176 Conditional Approval	COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION UNIQUE Endowment Allocation Scholarship Program (JLCAR Deadline March 18, 2016.) (Formerly Item #16(b) on 12-17-15 agenda).
(f) FP 2015-181 Conditional Approval	DEPARTMENT OF LABOR Payment of Wages and Requirements of Employers (JLCAR Deadline March 21, 2016.) (Formerly Item #7(d) on 2-19-16 agenda.)
4. 9:15 a.m. Committee Acceptance of Agency Responses to Objections:
(a) OR 2015-139 Approval	BOARD OF MENTAL HEALTH PRACTICE Pre-licensure Supervised Practice
5. 9:16 a.m. 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 December 17, 2015:
FP 2015-139	BOARD OF MENTAL HEALTH PRACTICE Pre-licensure Supervised Practice (Response received 1-21-16. Converted to preliminary objection pursuant to RSA 541-A:13, V(a). Objection Response filed and on consent agenda for March 18, 2016.)
Conditionally Approved January 15, 2016:
FP 2015-174	COLLEGE TUITION SAVINGS PLAN ADVISORY COMMISSION Establishment, Operation and Administration of the College Tuition Savings Plan (Response received 3-1-16 and confirmed 3-2-16.)
Conditionally Approved February 19, 2016:
FP 2015-185	BOARD OF NURSING Continued Status (Response not yet received.)
FP 2015-193	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Cancer Registry Rules (Response received 2-23-16 and confirmed 2-23-16.)
FP 2015-194	BOARD OF BARBERING, COSMETOLOGY, AND ESTHETICS Written Exam Criteria, Written Exam Administration, Approve/Deny Individuals Licensed in Another State, Instructor Continuing Education (Response not yet received.)
FP 2015-165	DEPARTMENT OF LABOR Workers' Compensation Claims (Response not yet received.)
FP 2015-167	DEPARTMENT OF LABOR Workers' Compensation Insurance Coverage (Response not yet received.)
FP 2015-168	DEPARTMENT OF LABOR Workers' Compensation Self Insurance (Response not yet received.)
FP 2015-144	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Durable Medical Equipment, Prosthetic and Orthotic Devices, and Medical Supplies (Response received 2-23-16 and confirmed 2-24-16.)
FP 2015-207	BOARD OF MEDICINE Physician Licensing, Renewals, Administrative Fines, Voluntary Surrenders, and Obligation to Obey (Response received 3-2-16 and confirmed 3-2-16.)
FP 2015-208	BOARD OF MEDICINE Physician Assistant Licensing, Renewals, Administrative Fines, Voluntary Surrenders, and Obligation to Obey (Response received 3-2-16 and confirmed 3-2-16.)
REGULAR AGENDA
6. 9:18 a.m. Consider postponing action on certain items to another meeting.
7. 9:20 a.m. DEPARTMENT OF LABOR
FP 2016-6 Approval with Recommendation	Boilers and Pressure Vessels (JLCAR Deadline April 15, 2016.)
8. 9:25 a.m. HEALTH SERVICES PLANNING AND REVIEW BOARD
FP 2015-183 Approval	Filing of Documents; Nonadjudicative Proceedings; Sanctions; Fees; Application Process; Expeditious Processing of Applications; Standards for the Review of Applications; Application Form for a CON; Implementation Reports (JLCAR Deadline April 4, 2016.)
9. 9:30 a.m. GUARDIAN AD LITEM BOARD
(a) INT 2016-4 Approval	Procedural Rules (JLCAR Deadline June 1, 2016. Most of the rules expired September 15, 2015.)
(b) INT 2016-5 Approval	Initial Certification Requirements, Renewals, and Standards of Practice (JLCAR Deadline June 1, 2016. Most of the rules expired September 15, 2015.)
10. 9:40 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES
(a) INT 2016-6 Approval	Former Division of Human Services Increasing the Food Stamp Program Heat Standard Utility Allowance (SUA) (JLCAR Deadline June 8, 2016. Interim rule implements federal requirements which went into effect February 22, 2016.)
(b) FP 2015-203 Preliminary Objection	Former Division of Public Health Services Immunization/Vaccination Registry (JLCAR Deadline April 18, 2016.)
11. 10:10 a.m. FISH AND GAME DEPARTMENT – TO BE POSTPONED TO APRIL 1, 2016
FP 2015-206 Postponed to 4/1/16 Continued Meeting	Limited Bobcat Season (JLCAR Deadline April 11, 2016.)
12. 10:15 a.m. Discussion on proposed amendments to the Drafting and Procedure Manual for Administrative Rules. – TO BE POSTPONED TO APRIL 1, 2016
Postponed to 4/1/16 Continued Meeting
OTHER BUSINESS 13. 10:20 a.m.