JOINT LEGISLATIVE COMMITTEE ON
ADMINISTRATIVE RULES
Action Minutes
DECEMBER 16, 2010
Members Present: Representatives Patten, Pilotte, Schmidt, Manuse, Kidder*, Sad*,
(**)
Indicates where Part 1, Article 28-a of
the N.H. Constitution was an issue in the Committee’s discussions or decisions
in this meeting. (See Item #14 in the
minutes. However, that item was
approved.)
1. The
meeting was convened at 9:05 a.m. by Rep. Pilotte as outgoing Vice-Chair.
Members present at this time, aside from Rep. Pilotte, were Representatives Patten, Schmidt, Manuse, Kidder, Taylor, and Winter, and Senators De Blois, Groen, Kelly, Merrill, and Carson.
Since
there was no Chair at this time to designate alternates for absent regular
members pursuant to RSA 541-A:2, I, Rep. Pilotte noted that only regular
members present could vote for the Chair.
2. Rep.
Manuse nominated Rep. Patten to be Committee Chair.
Rep.
Schmidt seconded the nomination.
Adopted.
Rep.
Patten as Chair now designated Rep. Kidder and Sen. Carson as alternates,
respectively, for Rep. McGuire and Sen. Lambert, who were absent. Rep. Kidder and Sen. Carson were now voting
members.
3. Sen.
Kelly nominated Sen. Merrill to be Vice-Chair.
Sen.
De Blois seconded the nomination.
Adopted.
4. The
Committee discussed the minutes of the Committee meeting of November 18, 2010.
Rep.
Pilotte moved that the minutes be approved.
Sen.
Carson seconded.
Adopted.
Rep.
Sad arrived in the meeting at this time.
5. The
Committee discussed scheduling Committee meetings in 2011.
Rep.
Schmidt moved that the Committee schedule a continued meeting for January 7,
2011, and a regular meeting for January 21, 2011.
Rep.
Kidder seconded.
Adopted.
6. The
Committee discussed the following Final Proposals and Proposed Interim Rule
from the agencies indicated (Consent Agenda – Final Proposals and Proposed
Interim Rule):
FP 2010-111 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Air Related Programs Greenhouse Gas (GHG) Definitions |
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FP 2010-112 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Air Related Programs Greenhouse Gas (GHG) Rule |
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FP 2010-113 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Air Related Programs Mitigation of Regional Haze |
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FP 2010-114 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Water Quality and Quantity Programs Underground Injection Control Requirements |
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FP 2010-117 |
FISH AND GAME
DEPARTMENT Fish and Game Guide Licenses |
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FP 2010-118 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Assisted Living Residence, Residential Care
Licensing, Scope |
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FP 2010-119 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Medical Coverage Criteria Website Address
Updates to Various Medicaid Service Rules |
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FP 2010-121 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Expiring
Rules Related to Unwed Minor Parent Requirements, Qualified Pregnant Women
and 60-Day Extended MA, and FANF Medical Assistance Only Cases |
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INT 2010-17 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Alzheimer's Respite Care Service |
Rep.
Manuse moved that Final Proposal 2010-113 be taken off the consent agenda.
Rep.
Schmidt seconded.
Adopted.
After
further discussion,
Sen.
Carson seconded.
Adopted.
Rep.
Pilotte moved that the remaining Final Proposals and Proposed Interim Rule be
approved.
Sen.
Carson seconded.
Adopted.
7. The
Committee discussed whether to postpone action on certain items to another
meeting.
Rep.
Pilotte moved that the Committee postpone action on the following items to the
continued Committee meeting on January 7, 2011:
14. DEPARTMENT OF HEALTH AND HUMAN SERVICES |
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(a) FP 2010-102 |
Former Division of Public Health Services NH Nursing Home Rules (JLCAR
Deadline December 20, 2010.) (Formerly Item #14 on 11-18-10 agenda.) |
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(b) FP 2010-133 |
Former Division of Public Health Services Healthcare Associated Infections - Hospital
Reporting (JLCAR
Deadline January 18, 2011.) |
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(c) FP 2010-107 |
Former Division of Public Health Services Sanitary Production and Distribution of
Food (JLCAR
Deadline January 18, 2011.) |
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(d) FP 2010-120 |
Former Division of Human Services Citizenship/Identity Requirements for All
Categories of Financial and Medical Assistance (JLCAR
Deadline January 18, 2011.) |
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(e) FP 2010-130 |
Division of Elderly and Adult Services Social Service Block Grant (Title XX) (JLCAR
Deadline January 18, 2011.) |
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(f) FP 2010-132 |
Former
Division of Mental Health and Developmental Services Rights
Protection Procedures (JLCAR
Deadline January 18, 2011.) |
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15. FP 2010-93 |
PEASE DEVELOPMENT AUTHORITY Port Captains, Pilots, and Pilotage (JLCAR
Deadline January 14, 2011.) |
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16. Discussion on approval of the amended Drafting
and Procedure Manual on Administrative Rules. |
Sen.
Merrill seconded.
Adopted.
At
this time Rep. Patten as Chair recognized that Rep. Tremblay and Sen. Stiles
were present as Committee alternate members.
8. The
Committee discussed whether to request the Director of the Office of
Legislative Services to waive the Committee’s deadline of December 20, 2010 for
Final Proposal 2010-102.
It
was the consensus of the Committee to request a waiver of the deadline.
9. The
Committee discussed Proposed Interim Rule INT 2010-18 from the Department of
Environmental Services (Air Related Programs, Stationary Sources of Volatile
Organic Compounds (VOCs)). Gretchen
Hamel and Craig Wright testified for the Department.
Rep.
Schmidt moved that the Committee approve Proposed Interim Rule INT 2010-18.
Sen.
Carson seconded.
Adopted.
10. The
Committee discussed the following Final Proposals from the Department of
Environmental Services which had been taken off the consent agenda:
FP
2010-111 Air Related Programs
Greenhouse
Gas (GHG) Definitions
FP
2010-112 Air Related Programs
Greenhouse
Gas (GHG) Rule
FP
2010-113 Air Related Programs
Mitigation
of Regional Haze
Gretchen
Hamel and Craig Wright testified for the Department.
Rep.
Schmidt moved that the Committee approve Final Proposal 2010-111 and Final
Proposal 2010-112.
Sen.
Merrill seconded.
Adopted.
Rep.
Patten noted for the record that Rep. Manuse and Sen. De Blois voted “no”.
11. The
Committee discussed Final Proposal 2010-70 from the Board of Medicine
(Definitions and Access to Public Records, Practice and Procedures, Fees,
Licensure Requirements, Renewal, Continuing Medical Education and Ongoing
Requirements, and Ethical Standards for Physicians, Supervision of Physician
Assistants, Initial and Renewal Procedures and Fees for Physician
Assistants). Dr. Robert J. Andelman, Board
President, and Elyse Alkalay, from the Department of Justice, testified for the
Board.
Sen.
Kelly left the meeting as the discussion began on this item. Rep. Patten designated Sen. Stiles as an
alternate for Sen. Kelly. Sen. Stiles
was now a voting member.
Rep.
Taylor as an alternate member also left the meeting as this time.
The
following persons also testified:
Seth
Wall, representing the Massachusetts College of Pharmacy and Health Sciences.
Sylvio
Dupuis, representing the Massachusetts College of Pharmacy and Health Sciences.
Susan Finerty, representing N.H. Society
of Physician Assistants, who also submitted written testimony.
Dr.
Seddon Savage, representing the N.H. Medical Society.
Janet
Monahan, representing the N.H. Medical Society.
Sen.
Carson moved that the Committee make a preliminary objection to Final Proposal
2010-70 based on the Committee staff annotations to Final Proposal 2010-70 and
on public testimony.
Sen.
Merrill seconded.
Adopted.
Rep.
Patten noted for the record that Rep. Pilotte and Rep. Schmidt voted “no”.
12. After
a break, with Reps. Patten, Pilotte, Schmidt, Manuse, Kidder, Winter, Sad, and
Tremblay, and Sens. De Blois, Groen, Carson, and Merrill present, the Committee
discussed the response by the Board of Mental Health Practice to the
Committee’s revised objection to Final Proposal 2008-166 (Licensing
Requirements, Ethical and Professional Standards, Investigating Allegations,
Disciplinary Sanctions, Continuing Education Requirements for Licensees.) Joan Staigers Haley, Board Chair, and David
Braiterman, Board member, testified for the Board.
Rep.
Sad returned to the meeting during the discussion of this item.
Rep.
Patten noted for the record during the meeting that the following persons
completed testimony cards that recorded their positions on the rules, but they
chose not to speak:
Anita
Remig, who was opposed.
Kathryn
Saylor, Psy.D., representing the N.H. Psychological Association (NHPA), who was
opposed.
Stuart Trachy, representing the N.H. Chapter of
the National Association of Social Workers, who supported the rules.
Joan
Devenny, representing the NHPA, who was opposed.
Frances
Schopick, representing the NHPA, who was opposed.
Leisl
Bryant, representing the NHPA, who was opposed.
Lauren
Guth, representing the NHPA, who was opposed.
Bill
Gunn, representing the NHPA, who was opposed.
The
following persons testified:
Shawn
J. Hassell, representing the N.H. Association for Marriage and Family Therapy.
Dr. Deborah Warner, representing the N.H.
Board of Mental Health Practice as a dissenting vote, and who also had
submitted written testimony.
Dr.
H. Alan Goodman, representing N.H. Mental Health Counselors.
Michael Phillips, Ph.D., representing the NHPA and the Psychology Advisory Board, and who had also submitted written testimony.
Sheila
H. Gardner, Ph.D., representing the NHPA, and who also had submitted written
testimony.
Sen. Groen and Rep. Winter left during the public testimony.
Anne D. McCausland, representing the Social Work Advisory Committee, had submitted written testimony dated October 21, 2010.
Michael
R. Kandle, Psy.D., had submitted written testimony dated December 4, 2010.
The following persons had submitted written testimony by e-mail prior to the meeting:
Roger Eugene Poire, Psy.D. Elise M. Bon-Rudin, Ed.D.
George Tremblay, Ph.D. Jody Ransom, Psy.D.
Ellen Schechter, Ph.D. Betty Lewicke, Ph.D.
William J. Jamieson, Ph.D. Sandra K. Vallery, Ph.D.
Edouard
A. J. Carignan, Ph.D. Stephanie
L. Griffin, Ph.D.
Shawn
J. Hassell. Barry
Litt.
Sandra
Rose, Ph.D. Rebecca
Beauzay.
Eric
Harris, Ph.D. Karla
LaRochelle.
Stephen
Gorin, Ph.D. Stephen
Price.
Ann
Hotchkiss, Ph.D. Tracy
A. Strombon, Ph.D.
James
Beauregard, Ph.D. Roger
Hatt.
Sheila
Gardner, Ph.D. Jama
Rowena Colegrove.
Elizabeth
P. Hess, Ph.D. Linda
Sue Webb.
Michael
A. Schneider, Psy.D. Sherry
Phillips.
Dr.
Loralie Lawson, Ph.D. Amy
Blanchard, Ph.D.
Leisel
M. Bryant, Ph.D. Jamie
M. Hallengren.
Thomas
F. Burns, Ph.D. Jillian
B. Beverstock.
Patricia
Salt, Ph.D. Phyllis
W. Mackey.
Dr.
Foad Afshar Candice
Alizio.
Anita
Remig, Ed.D. Joseph
T. Keenan, Ph.D.
Barton
W. Bryant, Ph.D. Robert
Walrath, Psy.D.
Katherine
M. Harris, Ph.D. Dawn
Huebner, Ph.D.
Tia
Madaffari Hackett. Kevin
P. Lyness.
Tim
Lowry.
The
Committee recessed after the oral public testimony.
13. After a lunch break, with Reps. Patten, Pilotte, Schmidt, Manuse, Kidder, and Tremblay, and Sens. De Blois, Merrill, and Carson present, the Committee resumed discussion of the objection response to the Committee’s revised objection to Final Proposal 2008-166 from the Board of Mental Health Practice. Joan Staigers Haley and David Braiterman resumed testifying for the Board. Peggy Lynch also testified for the Board.
Rep.
Patten designated Rep. Tremblay as an alternate for Sen. Groen, who was absent. Rep. Tremblay was now a voting member.
It
was the consensus of the Committee to postpone action on this item to the continued
meeting on January 7, 2010 and to take no further testimony from the public and
the Board.
**14. The Committee discussed Final Proposal 2010-99 from the Department of Revenue Administration (Utility Property Tax). Stephan Hamilton testified for the Department.
Rep.
Pilotte moved that the Committee approve Final Proposal 2010-99.
Rep.
Schmidt seconded.
Adopted.
Rep.
Patten noted for the record that Sen. Carson and Rep. Tremblay voted “no”.
15. The Committee discussed Final Proposal 2010-115 from the Department of Revenue Administration (Interest and Dividends Tax). Kathleen Sher testified for the Department.
Rep. Manuse moved that the Committee approve Final Proposal 2010-115 and recommend that the Department address in future rulemaking the annotations by Committee staff to the Final Proposal.
Sen. Carson seconded.
Adopted.
16. The Committee discussed Final Proposal 2010-92 from the Governing Board of Athletic Trainers (Renewal Application Requirements and Reinstatement Supporting Materials Requirements).
Rep. Pilotte moved that the Committee postpone Final Proposal 2010-92 to the continued meeting on January 7, 2011 and request the Director of the Office of Legislative Services to waive the Committee’s deadline of December 17, 2010 for Final Proposal 2010-92.
Sen. De Blois seconded.
Adopted.
17. The
Committee recessed by consensus at 3:53 p.m., effectively postponing
consideration of the following item to the continued meeting on January 7, 2011:
4. (c). FP
2010-113 |
DEPARTMENT
OF ENVIRONMENTAL SERVICES Air Related Programs Mitigation of Regional Haze (JLCAR Deadline January 18, 2011.) |
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OTHER BUSINESS |
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17. Other |
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