JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

Action Minutes

 

MARCH 16, 2007

 

 

Members Present:   Representatives Pilotte, Patten, Schmidt, MacKay, Millham*, Powers*, and Casey*, and Senators Martha Fuller Clark, Cilley, and Letourneau.  (*)  Indicates alternate members.

 

(**)  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 Items #6 and #9.  However, the objection to item #6 did not include the grounds of violating Part 1, Article 28-a, and Item #9 was approved.)

 

1.  The meeting was convened at 9:09 a.m. by Rep. Pilotte as Chair.

 

     Members present at this time, aside from Rep. Pilotte, were Reps. Patten, Schmidt, Millham, Powers, and Casey, and Senators Fuller Clark and Cilley.

 

     Rep. Pilotte appointed Rep. Casey as an alternate for Sen. DeVries, who was absent.

 

2.  The Committee discussed the minutes of the Committee meeting on February 16, 2007.

 

     Rep. Patten moved that the minutes be approved.

 

     Sen. Fuller Clark seconded.

 

     Adopted.

 

3.  The Committee discussed a request by the Department of Environmental Services to the Office of Legislative Services to make an editorial change to Env-Wq 401.03(h), which had been filed under Document #8786, effective January 5, 2007.  The Department had requested to change the word “sodium” to “sodium hydroxide” in Env-Wq 401.03(h) defining “regulated substance.”

 

      Sen. Fuller Clark moved that the Committee recommend to the Director of the Office of Legislative Services that she accept as an editorial change the change from “sodium” to sodium hydroxide” in Env-Wq 401.03(h).

 

     Rep. Patten seconded.

 

     Adopted.

 

     Rep. Pilotte appointed Rep. Millham and Rep. Powers as alternates, respectively, for Sen. Letourneau and Rep. Mitchell, who were absent.

 

     Rep. Patten left the meeting at this time.

 

4.  The Committee discussed the following final proposals and proposed interim rule (Consent Agenda – Final Proposals and Proposed Interim Rule):

 

FP 2006-155

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Importation of Bovines and Other Domestic Animals into New Hampshire

 

 

FP 2006-157

BOARD OF LANDSCAPE ARCHITECTS

Organizational Rules

 

 

FP 2006-158

BOARD OF LANDSCAPE ARCHITECTS

Rules Regarding Practice and Procedure

 

 

FP 2006-159

BOARD OF LANDSCAPE ARCHITECTS

Rules Regarding Explanation After Adoption)

 

 

FP 2006-160

BOARD OF LANDSCAPE ARCHITECTS

Rules Regarding Application and Qualifications for Licensure Fees, Renewals, Continuing Education and Ethical Standards

 

 

INT 2007-3

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Administrative Review of Complaint Investigation Findings

 

     Sen. Fuller Clark moved that the Committee approve the final proposals and proposed interim rule.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

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

 

     Sen. Fuller Clark moved that the Committee postpone action on the following items to the continued Committee meeting on March 30, 2007:

 

11.    DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(d)  OR 2006-134

Former Division of Human Services

Durable Medical Equipment, Prosthetic and Orthotic Devices, and Medical Supplies

(JLCAR Deadline April 20, 2007.  Former regular rules expired December 29, 2003.)

(Formerly Item #13(a) on 2-16-07 agenda and #12(d) on 3-2-07 agenda.)

 

 

(e)  FP 2006-174

Former Division of Human Services

The Deficit Reduction Act of 2005 and Medicaid Eligibility Long-Term
Care Program Changes

(JLCAR Deadline April 16, 2007.)

 

 

(f)  FP 2007-4

Former Division of Human Services

The Deficit Reduction Act of 2005 and Temporary Assistance for Needy Families (TANF) Program Changes

(JLCAR Deadline April 16, 2007.  Existing interim rule will expire April 11, 2007.)

 

 

(g)  FP 2007-3

Division of Elderly and Adult Services

Adult Protection Program

(JLCAR Deadline April 16, 2007.)

 

 

12.    FP 2006-185

INSURANCE DEPARTMENT

External Review

(JLCAR Deadline April 12, 2007.)

 

 

13.    INT 2007-5

DEPARTMENT OF LABOR

Payment of Wages and Requirements of Employers

(JLCAR Deadline June 7, 2007.  Existing regular rules will expire May 26, 2007.)

 

 

14.    OR 2006-150

BOARD OF MEDICINE

Rules Regarding Practice and Procedures for Physicians Licensed in New Hampshire

(JLCAR Deadline April 20, 2007.  Existing interim rules expired December 13, 2006.)

(Formerly Item #13 (b) on 2-16-07 agenda and #13 on 3-2-07 agenda.)

 

 

OTHER BUSINESS

 

15.    Other

 

 

     Rep. Schmidt seconded.

 

     Adopted.

 

     Rep. Patten returned to the meeting at this time.

 

**6.    The Committee discussed Final Proposal 2006-111 from the Department of Environmental Services (Water Quality and Quantity Programs, Sludge Management Rules).  Gretchen Hamel and Harry Stewart testified for the Department first.

 

     Sen. Letourneau arrived as the discussion on this item began.

 

     Rep. Pilotte appointed Rep. Millham as an alternate for Sen. Downing, who was absent.

 

     The following members of the public testified:

 

      Caroline Snyder, PhD., representing the Sierra Club.

      James Taylor, representing the Town of Merrimack.

      Rep. Jane Beaulieu

      Shelagh Connelly, representing Resource Management, Inc.

         Raymond Vermette, representing the N.H. Water Pollution Control Association and the
City of Dover.

      R. Chris Rueggeberg, representing Citizens for Sludge-Free Land.

 

     Written testimony was also given from Eric Meyers, Director of Operations of New England Organics.

 

     Sen. Fuller Clark provided a copy of written testimony from the Ashuelot River Local Advisory Committee dated February 16, 2007, which had already been distributed to the Committee.  Written testimony had also been given to the Committee earlier from Citizens for Sludge-Free Land, dated February 16, 2007, the Sierra Club, dated February 16, 2007, and the Northwest Organic Farming Association of New Hampshire, dated February 13, 2007.

 

     After the public testimony, Gretchen Hamel, Patricia Hannon, and Michael Rainey testified for the Department.

 

     Rep. MacKay arrived during this discussion and Reps. Schmidt and Powers left. 

 

     Sen. Fuller Clark moved that the Committee made a preliminary objection to Final Proposal 2006-111 based on public testimony, including public interest and legislative intent, but excluding testimony on economic impact on municipalities.

 

     Sen. Cilley seconded.

 

     On a show of hands, the vote was 7 “yes” and 1 “no.”  Rep. Pilotte noted for the record that Sen. Letourneau voted “no.”

 

     Sens. Letourneau and Cilley left the meeting at this time.

 

7.  With Reps. Pilotte, MacKay, Schmidt, Millham, Powers, and Casey present, the Committee discussed the automatic approval after March 5, 2007 pursuant to RSA 541-A:13, II (e) of Final Proposal 2006-161 from the Department of Health and Human Services (Commissioner, Adoption Subsidies).

 

     No further action was taken.

 

8.   The Committee discussed Final Proposal 2006-184 from the Department of Environmental Services (Commissioner, Rules of Practice and Procedure).  Gretchen Hamel testified for the Department.

 

      Rep. Millham moved that the Committee approve Final Proposal 2006-184.

 

      Rep. Casey seconded.

 

      Adopted.

 

**9.    The Committee discussed Proposed Interim Rule INT 2007-7 from the Department of Environmental Services (Division of Water, Sludge Management Rules).  Gretchen Hamel testified for the Department.

 

      Rep. Casey moved that the Committee approve Proposed Interim Rule INT 2007-7.

 

      Rep. Millham seconded.

 

      Adopted.

 

10.  The Committee discussed Proposed Interim Rule INT 2007-4 from the Department of Environmental Services (Division of Water, Groundwater Sources of Bottled Water).  Gretchen Hamel testified for the Department.

 

      Sen. Fuller Clark had returned to the meeting by this time.

 

      Rep. MacKay moved that the Committee approve Proposed Interim Rule INT 2007-4.

 

      Rep. Casey seconded.

 

      Adopted.

 

11.  The Committee discussed Proposed Interim Rule INT 2007-6 from the Real Estate Appraiser Board (Rules Relative to Practice and Procedure; Apprentice Classification, Certification, and License Requirements; Continued Status; Ethical Standards).

 

      Rep. Casey moved that the Committee approve Proposed Interim Rule INT 2007-6 with the understanding that the Board will address in the regular rulemaking process the annotations by Committee staff to the Proposed Interim Rule.

 

      Rep. MacKay seconded.

 

      Adopted.

 

12.  The Committee discussed the response by the Board of Nursing to the Committee’s preliminary objection to Final Proposal 2006-81 (Licensing Requirements; Continued Status; Ethical Standards; Education; Nursing Assistants; Certificate of Medication Administration Education Program).

 

      Rep. Casey moved that the Committee accept the response and approve the rules.

 

      Rep. Millham seconded.

 

      Adopted.

 

13.  The Committee discussed postponing the following final proposals from the Department of Health and Human Services and the need to request the Director of the Office of Legislative Services to waive the March 19, 2007 Committee deadline for review of the final proposals:

 

FP 2006-190

Commissioner

Rules of Practice and Procedure

 

 

FP 2006-195

Former Division of Public Health Services

Catastrophic Illness Program

 

 

FP 2006-191

Former Division of Mental Health and Developmental Services

Community Mental Health Services

 

 

FP 2006-167

Former Division of Public Health Services

Rules for the Sanitary Production and Distribution of Food - Homestead Amendments

 

 

FP 2006-193

Former Division of Public Health Services

Laboratories and Laboratory Services

 

 

FP 2006-194

Former Division of Public Health Services

Collection Station Rules

 

      Lisabritt Solsky testified in response to Rep. Pilotte’s question whether the Department would have an objection to a request for a waiver to March 30.

 

      Sen. Fuller Clark had left the meeting by this time.

 

14.  The Committee discussed the following final proposals from the Department of Health and Human Services:

 

FP 2006-193

Former Division of Public Health Services

Laboratories and Laboratory Services

 

 

FP 2006-194

Former Division of Public Health Services

Collection Station Rules

 

      John Martin and Michele Beasley testified for the Department.

 

      The Department had requested a conditional approval of Final Proposals 2006-193 and 2006-194 in letters and attached rules dated March 14, 2007.

 

      Rep. Schmidt moved that the Committee conditionally approve Final Proposal 2006-193 as requested and also recommend that the Department seek legislative clarification of its authority under RSA 151:9 to require criminal background checks for personnel of health facilities.

 

      Rep. Casey seconded.

 

      Adopted.

 

15.  The Committee continued to discuss Final Proposal 2006-194 from the Department of Health and Human Services.  John Martin and Michele Beasley testified for the Department.

 

      Rep. Schmidt moved that the Committee conditionally approve Final Proposal 2006-194 as requested and also recommend that the Department seek legislative clarification of its authority under RSA 151:9 to require criminal background checks for personnel of health facilities.

 

      Rep. MacKay seconded.

 

      Adopted.

 

16.  The Committee recessed at 12:30 p.m., effectively postponing the following Final Proposals for which a waiver of the Committee review deadline would be requested:

 

8.   DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

(b)  FP 2006-190

Commissioner

Rules of Practice and Procedure

(JLCAR Deadline March 19, 2007.)

 

 

(c)  FP 2006-195

Former Division of Public Health Services

Catastrophic Illness Program

(JLCAR Deadline March 19, 2007.  Former regular rules expired June 26, 1995.)

 

 

(d)  FP 2006-191

Former Division of Mental Health and Developmental Services

Community Mental Health Services

(JLCAR Deadline March 19, 2007.)

 

11.    DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2006-167

Former Division of Public Health Services

Rules for the Sanitary Production and Distribution of Food - Homestead Amendments

(JLCAR Deadline March 19, 2007.)