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 |
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FP 2006-157 |
BOARD OF LANDSCAPE ARCHITECTS Organizational Rules |
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FP 2006-158 |
BOARD OF LANDSCAPE ARCHITECTS Rules Regarding Practice and Procedure |
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FP 2006-159 |
BOARD OF LANDSCAPE ARCHITECTS Rules Regarding Explanation After Adoption) |
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FP 2006-160 |
BOARD OF LANDSCAPE ARCHITECTS Rules Regarding Application and Qualifications for Licensure Fees, Renewals, Continuing Education and Ethical Standards |
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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 |
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(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.) |
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(e)
FP 2006-174 |
Former Division of Human Services The Deficit Reduction Act of 2005 and
Medicaid Eligibility Long-Term (JLCAR
Deadline April 16, 2007.) |
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(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.) |
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(g)
FP 2007-3 |
Division of Elderly and Adult Services Adult Protection Program (JLCAR
Deadline April 16, 2007.) |
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12. FP 2006-185 |
INSURANCE
DEPARTMENT External
Review (JLCAR
Deadline April 12, 2007.) |
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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.) |
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14. OR 2006-150 |
BOARD
OF MEDICINE Rules
Regarding Practice and Procedures for Physicians Licensed in (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.) |
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OTHER
BUSINESS |
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15. Other |
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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
Rep. Jane Beaulieu
Shelagh Connelly, representing Resource
Management, Inc.
Raymond Vermette, representing the N.H.
Water Pollution Control Association and the
City of
R. Chris Rueggeberg, representing Citizens
for
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
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 |
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FP 2006-195 |
Former
Division of Public Health Services Catastrophic
Illness Program |
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FP 2006-191 |
Former
Division of Mental Health and Developmental Services Community
Mental Health Services |
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FP 2006-167 |
Former
Division of Public Health Services Rules
for the Sanitary Production and Distribution of Food - |
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FP 2006-193 |
Former
Division of Public Health Services Laboratories
and Laboratory Services |
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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 |
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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.) |
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(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.) |
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(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 |
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(a) FP
2006-167 |
Former
Division of Public Health Services Rules
for the Sanitary Production and Distribution of Food - (JLCAR Deadline March 19, 2007.) |