JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

Action Minutes

 

JUNE 15, 2007

 

 

Members Present:   Representatives Pilotte, MacKay, Mitchell, Millham*, and Powers*, and Senators Fuller Clark, DeVries, and Downing.  (*)  Indicates alternate member.

 

(**)  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 Committee was convened at 9:00 a.m. by Rep. Pilotte as Chair.

 

     Members present at this time, aside from Rep. Pilotte, were Reps. MacKay, Mitchell, Millham, and Powers, and Sen. Downing.

 

2.  The Committee discussed the minutes of the Committee meeting on June 1, 2007.

 

     Rep. Mitchell moved that the minutes be approved.

 

     Rep. MacKay seconded.

 

     Adopted.

 

     Rep. Pilotte appointed Rep. Powers and Rep. Millham as alternates, respectively, for Rep. Patten and Rep. Schmidt, who were absent.

 

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

 

FP 2006-199

GUARDIAN AD LITEM BOARD

Organizational Rules

 

 

FP 2007-28

FISH AND GAME DEPARTMENT

Marine Rules - Boundary Descriptions for Area Restrictions on Berry Brook and
Fishway Closure

 

 

FP 2007-42

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules for Medical Assistance and Temporary Assistance to Needy Families

 

 

FP 2007-44

DEPARTMENT OF ADMINISTRATIVE SERVICES

Procedural Rules

 

 

FP 2007-45

DEPARTMENT OF ADMINISTRATIVE SERVICES

Non-expiring Procedural Rules

 

 

FP 2007-48

FISH AND GAME DEPARTMENT

Moose Permit Fees

 

 

FP 2007-52

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Extended Services to Pregnant Women

 

 

FP 2007-62

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Temporary Assistance to Needy Families and Unemployed Parent Program

Standard of Need

 

     The Committee also discussed the following final proposals from the agencies indicated:

 

FP 2007-34

PARI-MUTUEL COMMISSION

Games of Chance

 

FP 2007-54

INSURANCE DEPARTMENT

Insurance Holding Companies

 

     Rep. Powers moved that the Committee approve all the final proposals discussed.

 

     Rep. Millham seconded.

 

     Adopted.

 

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

 

        Rep. Mitchell moved that the Committee postpone action on the following items to the next Committee meeting on June 29:

 

17. INSURANCE DEPARTMENT

 

 

(a)  FP 2007-43

Property and Casualty Rate and Supplementary Information Filings

(JLCAR Deadline July 2, 2007.)

 

 

 

 

(c)  FP 2007-35

Producers and Adjusters

(JLCAR Deadline July 16, 2007.)

 

 

(d)  FP 2007-38

Fiduciary Obligation of Producers

(JLCAR Deadline July 16, 2007.)

 

 

18. FP 2007-47

FISH AND GAME DEPARTMENT

Wildlife Rules for 2007/2008

(JLCAR Deadline July 16, 2007.)

 

 

19. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2007-24

Former Division of Mental Health and Developmental Services

Establishment and Operation of Area Agencies

(JLCAR Deadline July 16, 2007. Some existing rules expired April 19, 2007.)

 

 

(b)  OR 2007-1

Former Division of Public Health Services

Lead Poisoning Prevention and Control Rules

(JLCAR Deadline August 7, 2007.)

 

     Rep. MacKay seconded.

 

     Adopted.

 

5.  The Committee discussed Final Proposal 2007-11 from the Department of Transportation (State Bridge Aid).  Marie-Helene Bailinson, James Moore, Nancy Mayville, and Susan Marshall testified for the Department.

 

     Sen. DeVries arrived during the discussion of this item.

 

     The Department submitted a request for conditional approval in an amended rule dated June 15, 2007.

 

     Rep. MacKay moved that the Committee conditionally approve Final Proposal 2007-11 as requested, with the recommendation that the Department seek legislation to authorize the Department to incorporate by reference the Department-created documents specified in Tra 501.04 (a)(9)-(11).

 

     Sen. Downing seconded.

 

     Adopted.

 

6.  The Committee discussed Final Proposal 2007-12 from the Department of Transportation (State Highway Aid).  Marie-Helene Bailinson testified for the Department.  Nancy Mayville, James Moore, and Susan Marshall also represented the Department.

 

     The Department had requested a conditional approval in an amended rule dated June 15, 2007.

 

     Rep. Powers moved that the Committee conditionally approve Final Proposal 2007-12 with the recommendation that the Department seek legislation to authorize the Department to incorporate by reference the Department-created documents specified in Tra 502.04 (a)(5) and (9).

 

     Sen. DeVries seconded.

 

     Adopted.

 

7.  The Committee discussed the response by the Board of Medicine to the Committee’s preliminary objection to Final Proposal 2006-197 (Rules Regarding Physicians Licensed or Applying for a License in New Hampshire).  Penny Taylor testified for the Board.

 

     Sen. Downing left during the discussion of this item, and Sen. Fuller Clark arrived.

 

     Janet Monahan, representing the N.H. Medical Society, also testified. 

 

     Sen. DeVries moved that the Committee accept the response and approve the rules, with a recommendation to the Board that it seek legislation to (1) address the issue in Committee staff comment to Med 303 on page 5 of the Objection Response and authorize the Board to approve national examinations, and (2) clarify the authority of the Board for Med 501.02 (f)(4) in the Objection Response relative to transfer of medical records and non-payment of copying costs and costs for transmitting medical records.

 

     Rep. Millham seconded.

 

     Adopted.

 

8.  The Committee discussed the response of the Board of Medicine to the Committee’s revised objection to Final Proposal 2006-150 (Rules Regarding Practice and Procedures for Physicians Licensed in New Hampshire).  Penny Taylor testified for the Board.

     Sen. Fuller Clark moved that the Committee accept the response and approve the rules with a recommendation that the Director of the Office of Legislative Services accept as an editorial correction in the adopted rule the deletion of Med 213.03 (d)(3).

 

     Rep. Powers seconded.

 

     Adopted.

 

9.  After a break, with Reps. Pilotte, Mitchell, Millham, and Powers, and Sens. Fuller Clark and DeVries present, the Committee discussed Final Proposal 2007-27 from the Department of Agriculture, Markets, and Food (Livestock Dealer Licensing and Slaughter of Cervidae and Bison).  Dr. Stephen Crawford, State Veterinarian, testified for the Department.

 

     Sen. DeVries moved that the Committee approve Final Proposal 2007-27.

 

     Sen. Fuller Clark seconded.

 

     Adopted.

 

10.  The Committee discussed Final Proposal 2007-30 from the Department of Revenue Administration (Forms).  Kathy Sher and Robert Boley testified for the Department.

 

        Rep. MacKay returned to the meeting during the discussion of this item.

 

      Barbara Reid, representing the N.H. Municipal Association of the Local Government Center, had submitted, prior to the meeting, written testimony dated May 18, 2007.

 

      Sen. Fuller Clark moved that the Committee approve Final Proposal 2007-30 with a recommendation to the Director of the Office of Legislative Services that she accept as an editorial change in the adopted rule the insertion of a reference to RSA 79-D in paragraph (a) of the rules Rev 604.06 through Rev 604.09.

 

      Sen. DeVries seconded.

 

      Adopted.

 

11.  The Committee discussed Final Proposal 2007-46 from the Department of Environmental Services (Wetlands Programs, Compensatory Litigation).  Gretchen Hamel, Lori Sommer, and Collis Adams testified for the Department.

 

      Sen. Fuller Clark moved that the Committee approve Final Proposal 2007-46 with the understanding that the Department would submit an Incorporation by Reference Statement relative to the document from the Army Corps of Engineers incorporated in Env-Wt 803.01 (b)(1) and Env-Wt 803.02 (b)(1).

 

      Rep. MacKay seconded.

 

      Adopted. 

 

12.  The Committee discussed postponement of certain items to another Committee meeting.

 

      Sen. Fuller Clark moved that the Committee postpone action on the following items to the continued Committee meeting on June 29, 2007:

 

13. GUARDIAN AD LITEM BOARD

 

(a)  FP 2006-200

Non-expiring Procedural Rules

(JLCAR Deadline July 16, 2007.)

 

 

(b)  FP 2006-201

Settlements; Explanation of Adopted Rules; Ethical Standards and

Standards of Practice

(JLCAR Deadline July 16, 2007.)

 

 

(c)  FP 2006-202

Amendments to Certification Requirements and Fees; Renewal of Certification,

Sanctions, Continuing Education and Ongoing Requirements

(JLCAR Deadline July 16, 2007.)

 

      Rep. Powers seconded.

 

      Adopted. 

 

13.  The Committee discussed Final Proposal 2007-64 from the Department of Safety (Official Motor Vehicle Inspection Rules). 

 

      Rep. Millham moved that the Committee approve Final Proposal 2007-64 with the recommendation that the Department address the annotations to the final proposal by Committee Attorney Michael Morrell in a future rulemaking proceeding. 

 

      Rep. MacKay seconded.

 

      Adopted.

 

14.  The Committee discussed Final Proposal 2007-37 from the Insurance Department (Hazardous Financial Conditions, Licensed Companies).  Deborah O’Loughlin testified for the Department.

 

      Sen. Fuller Clark moved that the Committee conditionally approve Final Proposal 2007-37 on the ground that the citation in Ins 2901.03 (c) be changed from “RSA 400-A:17”: to “RSA 402-C:11, III”.

 

      Rep. Mitchell seconded.

 

      Adopted.

 

15.  The Committee discussed Final Proposal 2007-53 from the Department of Health and Human Services (Commissioner, Assessment and Evaluation of Persons Eligible for Involuntary Civil Commitment as Sexually Violent Predators).  John Wallace testified for the Department.

 

      Sen. DeVires moved that the Committee approve Final Proposal 2007-53.

 

      Rep. Millham seconded.

 

      Adopted.

 

16.  The Committee discussed Proposed Interim Rule INT 2007-15 from the Department of Health and Human Services (Former Office of Alcohol and Drug Abuse Prevention, Phase II Programs).  Michael Holt and Patti Fowler represented the Department.

 

      Rep. Millham moved that the Committee approve Proposed Interim Rule INT 2007-15.

 

      Sen. Fuller Clark seconded.

 

      Adopted. 

 

17.  The Committee discussed Final Proposal 2007-61 from the Department of Health and Human Services (Former Division of Human Services, Service Limits, Co-Payments, and Non-Covered Services).  Lisabritt Solsky and June Hybsch testified for the Department.

 

      The following persons also testified:

 

            Michelle Winchester, representing the Institute for Health, Law and Ethics of the

                 Franklin Pierce Law Center.

            Dan Koslofsky, representing N.H. Legal Assistance.

 

      Sen. DeVries moved that the Committee make a preliminary objection to Final Proposal 2007-61 based on public testimony relative to (1) the absence of prevention as an element in the definition of “medically necessary” in He-W 503.01(f)(2); (2) He-W 530.07 (d)(1)-(3); and (3) He-W 503.07 (e)(7) – (11).

 

      Sen. Powers seconded.

 

      It was the consensus of the Committee that the response to the objection would be on the agenda for the continued Committee meeting on June 29 if filed prior to the meeting.

 

      The motion was adopted.  Rep. Pilotte noted for the record that Rep. Millham voted “no”.

 

18.  Sen. DeVries moved that the Committee recess to June 29.

 

      Rep. Powers seconded.

 

      Adopted, effectively postponing consideration of the following items to the Committee meeting on June 29:

 

20. Remaining Responses to Preliminary Objections made in June 1, 2007 Meeting But Not Yet Received
by Committee Staff.

 

 

(a)  OR 2007-19

BOARD OF DIRECTORS, OFFICE OF LICENSED ALLIED HEALTH PROFESSIONALS

Fees Charged by the Governing Boards

(JLCAR Deadline August 30, 2007.)

 

 

(b)  OR 2007-29

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Birthing Center Rules

(JLCAR Deadline August 30, 2007.)

 

 

(c)  OR 2007-40

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Nursing Facility Preadmission Screening and Annual Resident Review (PASARR)

(JLCAR Deadline August 30, 2007.)

 

 

OTHER BUSINESS

 

21. Other