JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
JUNE 17, 2011
Members Present: Representatives Patten,
Pilotte, Schmidt, McGuire,
(**) 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 9:01 a.m. by Rep. Patten as Chair.
Members
present at this time, aside from Rep. Patten, were Reps. Pilotte, Schmidt,
Kidder, Winter, and Tremblay.
Rep.
Patten designated Reps. Kidder, Tremblay, and Winter as alternates,
respectively, for Rep. McGuire, Rep. Manuse, and Sen. Groen, who were absent.
2. The
Committee discussed the minutes of the Committee meeting on May 20, 2011.
Rep.
Schmidt moved that the minutes be approved.
Rep.
Winter seconded.
Adopted.
3. The
Committee discussed the following Final Proposals and Proposed Interim Rule (Consent
Agenda – Final Proposals and Proposed Interim Rule):
FP 2011-21 |
PEASE DEVELOPMENT AUTHORITY Division of Ports and Harbors Moorings and Anchorages |
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FP 2011-28 |
GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS Definitions and Duties of the Board |
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FP 2011-29 |
GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS Initial Licensure Form Required Documents |
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FP 2011-30 |
GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS Renewal Application, Audit Procedure, Reinstatement, Sanctions, Waivers, and Ongoing Requirements |
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FP 2011-36 |
GOVERNING BOARD OF OCCUPATIONAL THERAPISTS Initial Application Form and Eligibility Requirements |
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FP 2011-37 |
GOVERNING BOARD OF OCCUPATIONAL THERAPISTS Renewal Application Form and Administrative Obligation of a Licensee |
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FP 2011-45 |
BOARD OF DENTAL EXAMINERS Dental Assistant Definition |
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FP 2011-54 |
DEPARTMENT OF HEALTH & HUMAN SERVICES Former Division of Public Health Services Registration of Radiation Machines and Providers of Services |
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INT 2011-17 |
DEPARTMENT OF SAFETY Renewal Driver License Examination Interim Rules |
Rep.
McGuire arrived during the discussion of this item. Rep. Patten designated Rep. Kidder as an
alternate for Sen. Lambert, who was absent.
It
was the consensus of the Committee, at the request of Rep. McGuire, that Final
Proposal 2011-45 not be approved as part of the consent agenda but be discussed
later in the meeting.
Rep.
Schmidt moved that the Committee approve the Final Proposals and Proposed
Interim Rule, with the exception of Final Proposal 2011-45.
Rep.
Pilotte seconded.
Adopted.
4. The
Committee discussed whether to postpone action on certain items to the next
Committee meeting.
No
action to postpone was taken at this time.
5. The
Committee discussed Final Proposal 2011-53 from the Department of Health and
Human Services (Former Division of Human Services, Financial Assistance to
Needy Families Standard of Need). Maya
Glover testified for the Department.
Rep.
Taylor arrived during the discussion of this item, but was not yet a voting
member.
Rep.
Pilotte moved that the Committee approve Final Proposal 2011-53.
Rep.
McGuire seconded.
Adopted.
Rep.
Patten designated Rep. Taylor as an alternate for Sen. Kelly, who was absent.
6. The
Committee discussed Final Proposal 2011-55 from the Department of Health and
Human Services (Former Division of Public Health Services, Fees for
Certificates of Registration, Radioactive Material Licenses, and Other
Regulatory Services). Kathryn Frey
testified for the Department. Dennis
O’Dowd also represented the Department.
Sen.
Merrill arrived during the discussion of this item.
Rep.
Schmidt moved that the Committee approve Final Proposal 2011-55.
Rep.
McGuire seconded.
Adopted.
7. The
Committee discussed Final Proposal 2011-46 from the Board of Dental Examiners
(Regarding Licensure, Supervision, Continuing Education, Record Retention, and
Licensure Truthfulness). Dr. Raymond
Jarvis and Jeanne Clement testified for the Board.
The
Board had submitted a request for conditional approval in a memo and amended
rules dated June 8, 2011.
Rep.
Kidder moved that the Committee accept the conditional approval request and
conditionally approve Final Proposal 2011-46 based on the request.
Rep.
Schmidt seconded.
Adopted.
8. The
Committee discussed Final Proposal 2011-45 from the Board of Dental Examiners
(Dental Assistant Definition). Dr.
Raymond Jarvis and Jeanne Clement testified for the Board.
Rep.
McGuire moved that the Committee approve Final Proposal 2011-45 with the
recommendation that the Board editorially amend the appendix to cite “RSA
317-A:12, XII-b” and “RSA 317-A:12, XII-c” and not only “RSA 541-A:7”.
Rep.
Pilotte seconded.
Adopted.
9. The
Committee discussed again Final Proposal 2011-55 from the Department of Health and
Human Services (Former Division of Public Health Services, Fees for
Certificates of Registration, Radioactive Material Licenses, and Other
Regulatory Services).
No
further action was taken.
10. After
a break, with Reps. Patten, Pilotte, Schmidt, McGuire,
Rep.
Kidder moved that the Committee approve Final Proposal 2011-47.
Rep.
Schmidt seconded.
Adopted.
11. The
Committee discussed the response by the Board of Registration of Funeral Directors
and Embalmers to the Committee’s preliminary objection to Final Proposal
2011-14 (Practice and Procedure).
The
Final Proposal had received a conditional approval from the Committee on May 6,
2011, but had converted to a preliminary objection pursuant to RSA 541-A:13,
V(a) because the response to the conditional approval was not in compliance
with the conditional approval.
Rep.
Kidder moved that the Committee accept the response and approve the rules.
Sen.
Merrill seconded.
Adopted.
12. The
Committee discussed the response by the Fish and Game Department to the
Committee’s preliminary objection to Final Proposal 2011-11 (Moose Lottery and
Bear Guide Permit Application). Steven
Weber testified for the Department.
Rep.
Pilotte moved that the Committee accept the response and approve the rules.
Rep.
Taylor seconded.
Adopted.
13. The
Committee discussed the response of the Board of Education to the Committee’s
preliminary objection to Final Proposal 2010-159 (Alternative Education, Tuition
and Transportation).
Rep.
McGuire moved that the Committee request the Director of the Office of
Legislative Services that she consider as an editorial change to the adopted
rules the insertion of “per mile” after the specified dollar amounts for
reimbursement rates in rules Ed 1304.01(b)(6) and (7) and Ed 1405.01(c)(2),
(6), and (7).
Rep.
Winter seconded.
Adopted.
Rep.
McGuire moved that the Committee accept the response and approve the rules, with
the understanding as given in the Committee’s recommendation.
Sen.
Merrill seconded.
Adopted.
14. The Committee adjourned at 10:36 a.m.
It
was the consensus of the Committee to cancel the scheduled continued meeting on
July 7, 2011.