JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

REGULAR MEETING

TENTATIVE AGENDA

SEPTEMBER 20, 2012 - 9:00 a.m.

ROOMS 305/307 LEGISLATIVE OFFICE BUILDING

Senate Members of JLCAR	House Members of JLCAR
Amanda Merrill, Vice-Chair	Betsey L. Patten, Chair
Fenton Groen	Carol M. McGuire
Molly Kelly	Andrew J. Manuse
Gary Lambert	Maurice L. Pilotte
Raymond White	Peter B. Schmidt
Sharon Carson (Alt.)	Spec Bowers (Alt.)
Lou D'Allesandro (Alt.)	David H. Kidder (Alt.)
James Forsythe (Alt.)	Tara A. Sad (Alt.)
Sylvia Larsen (Alt.)	Kathleen N. Taylor (Alt.)
Nancy Stiles (Alt.)	Steven J. Winter (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

CONSENT AGENDA
2. 9:05 a.m. Committee Approval of Final Proposals and Proposed Interim Rules:
(a) FP 2009-194 Approval	DEPARTMENT OF CULTURAL RESOURCES Division of Historical Resources Procedural Rules (JLCAR Deadline October 22, 2012.)
(b) FP 2009-195 Approval	DEPARTMENT OF CULTURAL RESOURCES Division of Historical Resources Explanation After Adoption and Waiver of Rules (JLCAR Deadline October 22, 2012.)
(c) FP 2012-33 Approval	PESTICIDE CONTROL BOARD Pesticide Procedural Rules; Certificate of Registration Requirements; and Continued Status (JLCAR Deadline October 5, 2012.)
(d) FP 2012-77 Approval	GOVERNING BOARD OF PHYSICAL THERAPISTS Pre-Hearing Disclosure of Witnesses and Exhibits (JLCAR Deadline October 1, 2012.)
(e) FP 2012-78 Approval	GOVERNING BOARD OF PHYSICAL THERAPISTS English Language Proficiency Testing Requirements (JLCAR Deadline October 1, 2012.)
(f) FP 2012-79 Approval	GOVERNING BOARD OF PHYSICAL THERAPISTS Renewal of License, Reinstatement of License, and Maintenance of Continuing Education (JLCAR Deadline October 1, 2012.)
(g) FP 2012-80 Approval	INSURANCE DEPARTMENT Recognition of the 2001 CSO Mortality Table for Use in Determining Minimum Benefit Reserve Liabilities and Nonforfeiture Benefits (JLCAR Deadline September 24, 2012.)
(h) FP 2012-86 Approval	INSURANCE DEPARTMENT Life and Health Reinsurance Agreements (JLCAR Deadline October 8, 2012.)
(i) FP 2012-91 Approval	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Radiological Health Rules Relating to Licensing and Radiation Safety Requirements for Irradiators and for Wireline Services Operations and Subsurface Tracer Studies (JLCAR Deadline October 22, 2012.)
(j) FP 2012-95 Approval	DEPARTMENT OF SAFETY Official Motor Vehicle Inspection Requirements Rules - Wheel Condition (JLCAR Deadline October 12, 2012.)
(k) FP 2012-101 Approval	DEPARTMENT OF SAFETY Bureau of Title and Anti-Theft Rules (JLCAR Deadline October 15, 2012.)
(l) INT 2012-7 Preliminary Objection	DEPARTMENT OF AGRICULTURE, MARKETS AND FOOD Weights and Measures Fee Rules (JLCAR Deadline November 21, 2012. Rule implements SB 311 (2012, 238), effective June 18, 2012.)
3. 9:10 a.m. Committee Conditional Approvals:
FP 2012-81 Conditional Approval	INSURANCE DEPARTMENT Life, Accident and Health Form and Rate Filings (JLCAR Deadline October 1, 2012.)
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 19, 2012:
FP 2012-51		BOARD OF PODIATRY Rules Regarding Explanation after Adoption of Rules, Educational and Continuing Educational Requirements for Licensure, Severance of Connection of Practice, Replacement of Wall Certificates, and Ethical Guidelines for Podiatrists (Response received 9-17-12 and confirmed 9-18-12.)
FP 2012-16		PHARMACY BOARD Pharmacist Administration of Vaccines (Response received 8-15-12 and confirmed 8-15-12.)
Conditionally Approved August 16, 2012:
FP 2012-69		GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS Definitions, License Renewal, and License Reinstatement (Response received 9-17-12 and confirmed 9-18-12.)
FP 2012-54		DEPARTMENT OF HEALTH AND HUMAN SERVICES Division of Elderly and Adult Services Adult Protective Services Program (Response received 8-23-12 and confirmed 8-24-12.)
FP 2012-48		DEPARTMENT OF ENVIRONMENTAL SERVICES Air Related Programs Statewide Air Permit System (Response received 8-17-12 and confirmed 8-17-12.)
FP 2012-60		PHARMACY BOARD Transmission of Prescription Drug Order by Prescriber (Response not yet received.)
REGULAR AGENDA
6. 9:18 a.m. Consider postponing action on certain items to another meeting.
7. 9:20 a.m. BOARD OF REGISTRATION IN OPTOMETRY
FP 2012-76 Conditional Approval		Rules Regarding Pharmaceutical Agents, Continuing Education Form, Misconduct Investigations and Disciplinary Sanctions for Optometrists (JLCAR Deadline September 27, 2012.)
8. 9:30 a.m. DEPARTMENT OF EMPLOYMENT SECURITY
(a) FP 2011-160 Conditional Approval		Appeal From Denial of Continued Eligibility for Benefits (JLCAR Deadline October 8, 2012.)
(b) INT 2012-8 Conditional Approval		Definitions/Work Search/Employment Services (JLCAR Deadline December 12, 2012. Rule implements HB 1366 (2012, 212), to be effective October 1, 2012.)
9. 10:00 a.m. DEPARTMENT OF ENVIRONMENTAL SERVICES
FP 2012-92 Approval		Air Related Programs Procedural Rules for DES Air Resources Division (JLCAR Deadline October 15, 2012.)
10. 10:15 a.m. DEPARTMENT OF TRANSPORTATION
FP 2012-21 Conditional Approval		Process for Marketing and Sale of State Owned Property Utilizing Real Estate Professionals (JLCAR Deadline October 22, 2012.)
11. 10:45 a.m. DEPARTMENT OF CULTURAL RESOURCES
FP 2009-193 Conditional Approval		Division of Historical Resources Organizational Rules (JLCAR Deadline October 22, 2012.)
12. 11:00 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES
(a) FP 2012-106 Preliminary Objection			Former Division of Public Health Services Homestead Food Operations (JLCAR Deadline October 22, 2012.)
(b) Amended OR 2012-71 Approval			Division of Elderly and Adult Services Bureau of Elderly and Adult Services State Registry (JLCAR Deadline October 24, 2012.)
(c) FP 2012-56* Postponed to 10/4/12 Continued Meeting			Former Division of Human Services Medicaid Managed Care (JLCAR Deadline October 22, 2012.) *Possibly to be postponed
(d) FP 2012-105* Approval			Former Division of Human Services Private Duty Nursing Services (JLCAR Deadline October 22, 2012.) *Possibly to be postponed
(e) OR 2012-85* Postponed to 10/4/12 Continued Meeting			Former Division of Public Health Services Individual Home Care Service Providers (JLCAR Deadline November 20, 2012.) *Response not yet received.
13. 1:00 p.m. LUNCH BREAK
14. 2:00 p.m. DEPARTMENT OF LABOR
OR 2011-161 Postponed to 10/4/12 Continued Meeting			Employee Leasing Companies (JLCAR Deadline October 24, 2012.)
15. 2:30 p.m. PHARMACY BOARD
OR 2012-61* Postponed to 10/4/12 Continued Meeting			Institutional Practices (JLCAR Deadline November 20, 2012.) *Response not yet received.
OTHER BUSINESS 16. 3:00 p.m. Other Postponed to 10/4/12 Continued Meeting
(a) Discussion on response by the Police Standards and Training Council to JLCAR's petition of August 16, 2012.
(b) Discussion on emergency rule (Doc. #10172, effective 8-18-12) filed by Department of Resources and Economic Development.