JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

Action Minutes

 

FEBRUARY 18, 2011

 

 

Members Present:   Representatives Patten, Pilotte, Schmidt, McGuire, Manuse, Kidder*, Sad*, and Tremblay(*), and Senator De Blois.  (*)  Indicates alternate members.

 

(**)  Part 1, Article 28-a of the N.H. Constitution was not an issue in the Committee’s discussions or decisions in this meeting. 

 

1.  The meeting was convened at 9:03 a.m. by Rep. Patten as Chair.

 

     Members present at this time, aside from Rep. Patten, were Reps. Pilotte, McGuire, Kidder, Sad, and Tremblay, and Sen. De Blois.

 

     Rep. Patten designated Rep. Kidder, Rep. Sad, and Rep. Tremblay as alternates, respectively, for Rep. Manuse, Rep. Schmidt, and Sen. Groen, who were absent.

 

2.  The Committee discussed the minutes of the Committee meeting on February 4, 2011.

 

     Rep. Pilotte moved that the minutes be approved, with a correction to Item #5 on page 3 to change the reference from “January 20, 2010” to “January 20, 2011.”

 

     Rep. McGuire seconded.

 

     Adopted.

 

3.  The Committee discussed whether to postpone action on certain items to another meeting.

 

     Rep. Schmidt arrived in the meeting as the discussion began on this item.  Rep. Patten designated Rep. Sad as an alternate for Sen. Merrill, who was absent.

 

     Sen. De Blois moved that the following items be postponed to the continued Committee meeting on March 4, 2011:

 

7.   2010-151

FISH AND GAME DEPARTMENT

Lobster Tail Processing

(JLCAR Deadline March 21, 2011.  Existing interim rules will expire February 22, 2011.)

 

 

9.   FP 2010-153

DEPARTMENT OF SAFETY

Various Licensing of Fuel Gas Fitters and Fuel Gas Fitting Business Entities Rules

(JLCAR Deadline March 17, 2011.)

 

 

11. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2010-148

Former Division of Mental Health and Developmental Services

Participant Directed Managed Services

(JLCAR Deadline March 14, 2011.)

 

 

(b)  FP 2010-156

Former Division of Public Health Services

Certified Other Qualified Agencies

(JLCAR Deadline March 21, 2011.)

 

     Rep. Pilotte seconded.

 

     Adopted.

 

4.  The Committee discussed the following Final Proposals from the agencies indicated (Consent Agenda – Final Proposals): 

 

FP 2010-97

POLICE STANDARDS AND TRAINING COUNCIL

Revocation or Suspension

 

 

FP 2010-127

BOARD OF NATURAL SCIENTISTS

Rules Regarding Record of Board Actions

 

 

FP 2010-128

BOARD OF NATURAL SCIENTISTS

Rules Regarding Explanation After Adoption

 

 

FP 2010-129

BOARD OF NATURAL SCIENTISTS

Rules Regarding Applications and Qualifications for Certification, Fees, Disciplinary Matters, Continuing Education and Ethical Standards

 

 

FP 2010-155

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Family Support Services

 

 

FP 2010-157

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Residential Treatment and Rehabilitation Facilities

(See * below.)

 

 

*  The only issue with this final proposal is that the agency continued to operate under expired rules as noted in the fiscal impact statement.

 

 

 

     Rep. Schmidt moved that the Final Proposals be approved.

 

     Sen. De Blois seconded.

 

     Adopted. 

 

5.  The Committee discussed the following Final Proposal, which had been withdrawn in response to the Committee’s preliminary objection on February 4, 2011.  No further action was required.

 

 

 

FP 2010-150

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Service Limits – Caps and Exemptions

 

 

 

     No further Committee action was taken.

 

6.  The Committee discussed the withdrawal on January 7, 2011 by the Insurance Department of Objection Response 2010-67 (New Hampshire Medical Malpractice Joint Underwriting Plan) as a result of the Committee’s final objection and vote to sponsor a joint resolution on November 18, 2010.

 

     No further Committee action was taken.

 

7.  The Committee discussed the request by the Postsecondary Education Commission on February 12, 2011 to the Director of the Office of Legislative Services to waive the deadline under RSA 541-A:12, I to file Final Proposal 2010-84 (Rules of Practice and Procedure).

 

     No Committee action was required or taken.

 

8.  The Committee discussed Proposed Interim Rule INT 2011-3 of the Department of Health and Human Services (Former Division of Human Services, Fraud Control Program).  Maya Glover testified for the Department.

 

     Rep. Pilotte moved that the Committee approve Proposed Interim Rule INT 2011-3.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

9.  The Committee discussed the response by the Board of Medicine to the Committee’s preliminary objection to Final Proposal 2010-70 (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, the Board President, Kathryn M. Bradley, the Executive Director, Penny Taylor, Board Administrator, and Elyse Alkaly of the Department of Justice, testified for the Board.

 

     Rep. Manuse arrived as the discussion began on this item.  Rep. Patten designated Rep. Kidder as an alternate for Sen. Lambert, who was absent.

 

     After a break, with Reps. Patten, Pilotte, Schmidt, McGuire, Manuse, Kidder, Sad, and Tremblay present, Dr. Andelman, on behalf of the Board, requested a revised objection based on:

 

·          The Committee staff’s annotations in the Final Proposal text relative to the use of the word “may” in describing the Board’s discretionary decision-making, or to the absence of criteria for Board decisions, in rules Med 205.03(b), (f), (h), (l), (n), and (r), Med 402.02(b), Med 412.03(d), Med 413.02(d), and the second sentence in Med 413.02(f);

 

·          The Committee staff’s annotation in the Final Proposal text to the fee in Table 3.6.1 in Med 306.01 on “Late Renewal Application for Physician Assistant Licensure within 90 days of expiration date”, and the ground that the fee “Late Renewal Application for Unrestricted Permanent Licensure or Administrative Licensure within 90 days of expiration date pursuant to RSA 329:16-e” was not double the renewal fee as required by RSA 329:16-e; and

 

·          The Committee staff’s annotations to Med 501.02(h) in the Final Proposal text relative to incorporation of the “most current edition of the Code of Medical Ethics” of the American Medical Association, instead of a specific edition.

 

     Rep. Schmidt moved that the Committee make a revised objection to Final Proposal 2010-70 (as amended in the Preliminary Objection Response) as requested by the Board.

 

     Rep. Manuse seconded.

 

     Adopted.

 

     It was the consensus of the Committee that the Board’s response to the revised objection would be on the agenda for the Committee’s continued meeting on March 4, 2011 if the response were submitted prior to the meeting.

 

10.   Rep. Pilotte moved that the Committee recess to the continued meeting on March 4, 2011.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

     The Committee recessed at 11:55 a.m., effectively postponing consideration for the following item to the continued meeting:

 

 

 

OTHER BUSINESS

 

12. Other