JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

REGULAR MEETING

TENTATIVE AGENDA

SEPTEMBER 17, 2015 - 9:00 a.m.

ROOMS 305/307 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 Rule:
(a) FP 2015-102 Approval	DEPARTMENT OF ENVIRONMENTAL SERVICES Water Quality and Quantity Programs Public Swimming Pools - Materials and Methods of Construction (JLCAR Deadline October 16, 2015.)
(b) FP 2015-106 Approval	BOARD OF BARBERING, COSMETOLOGY AND ESTHETICS Operator Requirements (JLCAR Deadline September 28, 2015.)
(c) FP 2015-107 Approval	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Mileage Reimbursement for the Food Stamp Employment and Training (FSET) Program (JLCAR Deadline October 19, 2015.)
(d) FP 2015-113 Approval	FISH AND GAME DEPARTMENT Freshwater Fishing Changes – 2015. (JLCAR Deadline October 19, 2015.)
(e) FP 2015-114 Approval	DEPARTMENT OF ADMINISTRATIVE SERVICES Division of Personnel Written Warning (JLCAR Deadline September 28 , 2015.)
(f) FP 2015-118 Approval	BOARD OF NURSING Continued Status (JLCAR Deadline October 16, 2015.)
(g) FP 2015-119 Approval	BOARD OF NURSING Ethical Standards: Professional Duties of an Advanced Practice Registered Nurse (APRN) (JLCAR Deadline October 16, 2015.)
(h) FP 2015-126 Approval	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Exempt Concentrations of Radioactive Isotopes in Gas, Liquid, and Solid Concentrations and Exempt Quantities (JLCAR Deadline October 19, 2015.)
(i) INT 2015-10 Approval	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Public Health Laboratories Fee Schedule (JLCAR Deadline December 9, 2015. Former rules expired May 25, 2015.)
3. 9:10 a.m. Committee Conditional Approvals:
(No Items)
4. 9:15 a.m. Committee Acceptance of Agency Responses to Objections:
(No Items)
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 July 16, 2015
FP 2015-41	GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS Requirements for Initial Licensure (Response received 8-21-15 and confirmed 8-24-15.)
FP 2015-42	GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS Continued Status (Response received 8-21-15 and confirmed 8-24-15.)
FP 2015-35	PEASE DEVELOPMENT AUTHORITY Slip Permits; State-Owned Restricted Piers (Response received 8-18-15 and confirmed 8-19-15.)
FP 2015-73	NH LOTTERY COMMISSION Rules for Sales Agents (Response received 8-20-15 and confirmed 8-21-15.)
Conditionally Approved August 20, 2015
FP 2015-61	BOARD OF EDUCATION Physical Education and Principal (Response received 9-9-15 and confirmed 9-10-15.)
FP 2015-87	RACING AND CHARITABLE GAMING COMMISSION Bingo (Response received 9-9-15 and confirmed 9-9-15.)
FP 2015-88	RACING AND CHARITABLE GAMING COMMISSION Games of Chance (Response received 9-9-15 and confirmed 9-9-15.)
FP 2015-110	DEPARTMENT OF SAFETY Emergency Medical Services Complaint and Investigation Process Rules (No response yet.)
FP 2015-111	DEPARTMENT OF SAFETY Law Enforcement Provider Rules (No response yet.)
FP 2015-109	DEPARTMENT OF SAFETY Adoption of 2015 New Hampshire Patient Care Protocols (Response received 9-4-15 and confirmed 9-4-15.)
FP 2015-99	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Substance Use Disorder (SUD) Treatment and Recovery Support Services (Response received 8-25-15 and confirmed 8-27-15.)
NOTE: The following Final Proposal from the Department of Health and Human Services was postponed on August 20, 2015 to the regular JLCAR meeting on October 15, 2015:
FP 2015-67	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Medicaid Managed Care (JLCAR Deadline October 15, 2015.)
REGULAR AGENDA
6. 9:18 a.m. Consider postponing action on certain items to another meeting.
7. 9:20 a.m. DEPARTMENT OF AGRICULTURE, MARKETS AND FOOD
FP 2015-80 Conditional Approval	Importation of Bovines and Other Domestic Animals into New Hampshire (JLCAR Deadline September 17, 2015. Former rules expired March 21, 2015.) (Formerly Item #12 on 8-20-15 agenda.)
8. 9:25 a.m. BOARD OF NURSING
FP 2015-117 Conditional Approval – Preliminary Objection	Licensing Requirements (JLCAR Deadline October 16, 2015.)
9. 9:30 a.m. INSURANCE DEPARTMENT
FP 2015-130 Conditional Approval	Continuing Care Retirement Communities (JLCAR Deadline October 19, 2015.)
10. 9:50 a.m. BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND EMBALMERS
(a) OR 2015-39 Revised Objection	Funeral Director's Place of Establishment (JLCAR Deadline November 24, 2015. Former rules expired January 20, 1994.) (Response not yet filed. Response due by October 5, 2015.)
(b) OR 2015-40 Approval with Understanding	Crematories (JLCAR Deadline November 24, 2015. Former rules expired as He-P 700 on November 5, 2013.) (Response not yet filed. Response due by October 5, 2015.)
11. 10:00 a.m. Discussion on response to the following Committee rulemaking petition:
Accepted Commissioner of the Department of Agriculture, Markets and Food relative to registration of poultry and rabbit producers to implement RSA 143-A:16, II. (Formerly Item #16 on 8-20-15 agenda.)
12. 10:10 a.m. Discussion on amendments to the Drafting and Procedure Manual for Administrative Rules.
No Action
OTHER BUSINESS 13. 10:30 a.m.