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.) |
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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.) |
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11. DEPARTMENT
OF HEALTH AND HUMAN SERVICES |
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(a)
FP 2010-148 |
Former
Division of Mental Health and Developmental Services Participant
Directed Managed Services (JLCAR
Deadline March 14, 2011.) |
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(b)
FP 2010-156 |
Former
Division of Public Health Services Certified
Other Qualified Agencies (JLCAR
Deadline March 21, 2011.) |
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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 |
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FP 2010-127 |
BOARD OF NATURAL SCIENTISTS Rules Regarding Record of Board
Actions |
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FP 2010-128 |
BOARD OF NATURAL SCIENTISTS Rules Regarding Explanation After Adoption |
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FP 2010-129 |
BOARD OF NATURAL SCIENTISTS Rules Regarding Applications and Qualifications for Certification, Fees, Disciplinary Matters, Continuing Education and Ethical Standards |
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FP 2010-155 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and Developmental Services Family Support Services |
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FP 2010-157 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Public Health Services Residential
Treatment and Rehabilitation Facilities (See
* below.) |
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*
The only issue with this final proposal is that the agency continued
to operate under expired rules as noted in the fiscal impact statement. |
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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.
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FP 2010-150 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Service Limits
– Caps and Exemptions |
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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:
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OTHER BUSINESS |
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12. Other |
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