JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

 

Action Minutes

 

JUNE 17, 2011

 

 

Members Present:   Representatives Patten, Pilotte, Schmidt, McGuire, Taylor*, Kidder*, Winter*, and Tremblay*, and Senator Merrill.  (*)  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 9:01 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

 

 

FP 2011-28

GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS

Definitions and Duties of the Board

 

 

FP 2011-29

GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS

Initial Licensure Form Required Documents

 

 

FP 2011-30

GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS

Renewal Application, Audit Procedure, Reinstatement, Sanctions, Waivers, and Ongoing Requirements

 

 

FP 2011-36

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Initial Application Form and Eligibility Requirements

 

 

 

 

FP 2011-37

GOVERNING BOARD OF OCCUPATIONAL THERAPISTS

Renewal Application Form and Administrative Obligation of a Licensee

 

 

FP 2011-45

BOARD OF DENTAL EXAMINERS

Dental Assistant Definition

 

 

FP 2011-54

DEPARTMENT OF HEALTH & HUMAN SERVICES

Former Division of Public Health Services

Registration of Radiation Machines and Providers of Services

 

 

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, Taylor, Kidder, Winter, and Tremblay, and Sen. Merrill present, the Committee discussed Final Proposal 2011-47 from the Department of Revenue Administration (Low and Moderate Income Homeowners Property Tax Relief).  Kathryn Skouteris testified for the Department.  Peter Colbath also represented the Department.

 

      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.