Joint Legislative Committee on Administrative Rules
Action Minutes
JUNE 30, 2006
Members Present: Representatives
Patten,
(**)
Indicates where Part 1, Article 28-a was
an issue in the Committee’s discussions or decisions in this meeting. (See Item
#6. However, action on that item was
postponed.)
1. The meeting was convened at 8:56 a.m. by Rep.
Patten as Vice Chair.
Members present at this time, aside from
Rep. Patten, were Reps. Allan, Pilotte, Carson, and Millham, and Sens.
Rep. Patten appointed Rep. Pilotte and Rep.
Carson as alternates, respectively, for Rep. Wall and Rep. Taylor, who were
absent.
2. The Committee discussed the minutes of the
regular meeting on June 16, 2006.
Rep.
Millham moved that the minutes be approved.
Rep.
Carson seconded.
Adopted.
3. The Committee discussed whether to postpone
any items to another meeting.
No action to postpone was taken .
4. The Committee discussed Final Proposal 2006-18
from the Pharmacy Board (Collaborative Practice for Emergency
Contraception). Paul Boisseau testified
for the Board.
Rep. Wall, Senator Clegg, and Rep. Taylor
arrived at the meeting during the discussion of this item. Since Reps. Wall and Taylor were now present,
Rep. Patten appointed Rep. Pilotte and Rep. Carson as alternates, respectively,
for Sen. Clark and Sen. Estabrook, who were absent.
Sen. Clark arrived subsequently, during the
discussion of this item. Therefore, at
this point, Rep. Pilotte was no longer voting.
Rep. Dokmo also arrived during the
discussion, but she was not yet appointed as an alternate since there were no
members absent.
Janet Monahan and Dr. Gary Sobelson,
representing the N.H. Medical Society, also testified. Janet Monahan had submitted by e-mail on June
13, 2006 some requested amendments to Ph 1001.02(a), 1001.03 (b)(3), and
1001.03 (c)(5).
Sen. Clegg moved that the Committee
conditionally approve Final Proposal 2006-18 on the condition that the Board
amend Ph 1001.02 (a), 1001.03 (b)(3), and 1001.03 (c)(5) as suggested in the
e-mail by the N.H. Medical Society, as read by Rep. Patten into the record.
Sen. Clark seconded.
Adopted.
5. The Committee discussed Final Proposal 2006-37
from the Department of Employment Security (New Hire). Lon Siel testified for the agency.
Rep. Taylor moved that the Committee
approve Final Proposal 2006-37, with the recommendation that the Department of
Employment Security and the Department of Health and Human Services work
together to formulate a statutory change to address Committee concerns.
Sen. Clegg seconded.
Adopted.
**6. The Committee discussed the response of the
Department of Health and Human Services to the Committee’s preliminary
objection to Final Proposal 2006-24 (Commissioner, Certification of Payment
Standards for Residential Facilities).
Peter Carter and Byry Kennedy testified for the agency.
Rep. Wall and Rep. Allan left during the
discussion of this item. Rep. Patten
therefore appointed Rep. Pilotte as an alternate for Rep. Wall.
The following persons from the public
also testified:
Kathleen A. McDermott, representing
the
Brian Cross, representing Easter
Seals.
Karen Gincott, representing NFI
North.
Michael Adamkowski, representing
Ekerd Youth Alternatives in
Cynthia Herman, representing Child
and Family Services.
Written testimony was also received from
David Villiotti, representing Nashua Children’s Home, in a letter dated June 28
2006 to the Department, and from Don Bazzell, representing Becket Family of
Services, in an e-mail to the Department dated June 28, 2006 and forwarded to
Committee Attorney Michael Morrell.
Don Bazzell also testified briefly.
Rep. Patten appointed Rep. Dokmo as an
alternate for Rep. Allan, who was absent.
Sen. Clegg moved that the Committee
accept the response and approve the rules.
Sen. Flanders seconded.
On a show of hands, the vote was 5 “yes”
and 5 “no”. The motion was not adopted.
Sen. Clark then moved that the Committee
make a final objection to Final Proposal 2006-24 on the grounds, based on
public testimony, that He-C 6350.27(b) on rates was beyond the agency’s authority,
considering RSA 170-G:4, XVII and XVIII and RSA 169-D:29.
Rep. Taylor seconded.
A roll call vote was called. The vote was as follows:
|
Yes |
No |
|
|
|
Rep. Patten |
|
X |
Rep. Taylor |
X |
|
Rep. Millham |
X |
|
Rep. Carson |
|
X |
Rep. Pilotte |
X |
|
Rep. Dokmo |
X |
|
|
|
|
Sen. Flanders |
|
X |
Sen. Clegg |
|
X |
Sen. Letourneau |
|
X |
Sen. Clark |
X |
|
|
|
|
TOTAL |
5 |
5 |
|
|
|
The
vote was 5 “yes” and 5 “no”. The motion
was not adopted.
Since
no final action was taken, it was the consensus of the Committee that this item
would be on the agenda for the regular Committee meeting on July 20, 2006, and
that there would not be a continued meeting on July 6, 2006.
7. Rep.
Taylor moved that the Committee adjourn.
Sen.
Letourneau seconded.
Adopted. The Committee adjourned at 11:50 a.m.