Joint Legislative Committee on Administrative Rules

 

Action Minutes

 

JULY 21, 2005

 

 

Members Present: Representatives Patten, Allan, Bicknell, Dodge*, Carson*, and Pilotte*, and Senators Flanders, Letourneau, and Clegg*.  (*) Indicates alternate member.

 

(**)  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 Item 21.  However, that item was approved.)

 

1.  The meeting was convened at 9:00 a.m. by Rep. Patten as Vice-Chair.

 

     Members present at this time, aside from Rep. Patten, were Reps. Allan, Dodge, and Pilotte, and Sens. Flanders and Clegg.

 

2.  The Committee discussed changing the regularly scheduled Committee meeting date of September 15, 2005.

 

     It was the consensus of the Committee to change the date to September 16, 2005.

 

3.  The Committee discussed a request from Sen. Charles Morse to the Committee dated July 18, 2005.  Sen. Morse requested, in a memo to the Committee, that the attached written testimony dated January 28, 2005 from Carol Burmeister Prichard "be included as part of the permanent record on the recent hearing held on the rule change pursuant to Area Agency mergers."  On July 7, 2005, the Committee had approved Objection Response 2004-213 from the Department of Health and Human Services (Former Division of Mental Health and Development Services, Establishment and Operation of Area Agencies).

 

     Reps. Bicknell and Carson arrived during the discussion of this item.

 

     It was the consensus of the Committee to have the Department check if the testimony is already in the record of the proceeding.

 

     Rep. Patten appointed Rep. Pilotte, Rep. Dodge, Sen. Clegg, and Rep. Carson as alternates, respectively, for Rep. Taylor, Rep. Wall, Sen. Martel, and Sen. Letourneau, who were absent.

 

4.  The Committee discussed the minutes of the continued Committee meeting of July 7, 2005.

 

     Rep. Pilotte moved that the minutes be approved.

 

     Rep. Bicknell seconded.

 

     Adopted.

 

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

 

FP 2005-33

GOVERNING BOARD OF ATHLETIC TRAINERS

Ethical Standards

 

 

FP 2005-73

ASSESSING STANDARDS BOARD

Notice

 

 

FP 2005-76

DEPARTMENT OF SAFETY

Self-Dialing Telephone Alarm Systems Rules

 

 

FP 2005-84

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Prior Medical Debts

 

 

FP 2005-90

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

DRED Owned/Leased Properties

 

 

FP 2005-92

DEPARTMENT OF ENVIRONMENTAL SERVICES

Rules Pertaining to Youth Recreation Camps

 

 

FP 2005-94

DEPARTMENT OF ENVIRONMENTAL SERVICES

Dam Program - Procedures

 

     Rep. Allan moved that the Committee approve the final proposals.

 

     Rep. Bicknell seconded.

 

     Adopted.

 

     At this time, Thomas Kehr of the Department of Administrative Services, representing the Governing Board of Athletic Trainers, testified relative to Final Proposal 2005-33 in response to Committee questions.

 

6.  The Committee discussed whether to postpone action on certain items to the next Committee meeting.

 

     No action to postpone was taken at this time.

 

7.  The Committee discussed the Final Proposal 2004-201 from the Naturopathic Board of Examiners (Specialty Certification in Naturopathic Childbirth).  Thomas Kehr, Sara Thyr, and Dr. Christine Kuhlman testified for the agency.

 

     Sen. Letourneau arrived during the discussion of this item.  Rep. Patten therefore appointed Rep. Carson as an alternate for Sen. Estabrook, who was absent.

 

     Sen. Clegg moved that the Committee made a preliminary objection to Final Proposal 2004-201 on the grounds that the rules Nat 306.01(a), 306.02(c)(3) and (4), and 306.03 (c) include references to the North American Registry of Midwives (NARM) standards contrary to RSA 328-E:12, II(d) which references the standards of the American College of Naturopathic Physicians (ANCO) but not NARM.

 

     Rep. Carson seconded.

 

     The motion was adopted.  Rep. Patten noted for the record that Rep. Pilotte voted "no".

 

8.  The Committee discussed the response of the Governing Board of Respiratory Care Practioners to the Committee's preliminary objection to Final Proposal 2005-14 (Requirements for Licensure).  Thomas Kehr testified for the agency.

 

     Sen. Clegg moved that the Committee table this item.

 

     Rep. Allan seconded.

 

     Adopted.

 

9.  After a break, with Reps. Patten, Allan, Carson, and Pilotte, and Sens. Flanders and Clegg present, the Committee discussed the Final Proposal 2005-41 from the Insurance Department (Ins 1904 Group Coordination of Benefits).  Deborah O'Loughlin and Maureen Hartsmith testified for the agency.

 

     Sen. Letourneau returned to the meeting as discussion on this item began.

 

     Rep. Allan moved that the Committee approve Final Proposal 2005-41.

 

     Sen. Letourneau seconded.

 

     Adopted.

 

     Sen. Clegg left the meeting at this time.

 

10.  The Committee discussed Proposed Interim Rule INT 2005-8 from the Department of Health and Human Services (Former Division of Human Services, Nursing Facility Reimbursement).  Maralyn Doyle testified for the agency.

 

     Rep. Allan moved that the Committee approve Proposed Interim Rule INT 2005-8.

 

     Rep. Carson seconded.

 

     Adopted.

 

11.  The Committee discussed Final Proposal 2005-49 from the Department of Health and Human Services (Former Division of Public Health Services, NH Rules for the Control of Radiation - Decommission Rules and Rules for Assigned Protection Factors for Respirators.) Maralyn Doyle and Dennis O'Dowd testified for the agency.

 

     Rep. Bicknell moved that the Committee approve Final Proposal 2005-49.

 

     Rep. Carson seconded.

 

     Adopted.

 

     Sen. Letourneau left the meeting at this time.

 

12.  The Committee discussed Final Proposal 2005-80 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Employment Services). Maralyn Doyle and Ken Nielsen testified for the agency.

 

     Sen. Clegg returned to the meeting and left during the discussion of this item.  Sen. Letourneau and Rep. Dodge returned to the meeting during the discussion of this item.

 

      Rep. Bicknell moved that the Committee approve Final Proposal 2005-80.

 

      Rep. Carson seconded.

 

        After further discussion, the motion and second were withdrawn.

 

     After more discussion, Rep. Bicknell moved that the Committee approve Final Proposal 2005-80.

 

     Rep. Carson seconded.

 

     Adopted.

 

13.  The Committee discussed Proposed Interim Rule INT 2005-10 from the Department of Health and Human Services (Former Division of Human Services, Laboratory and Radiological Services.).  Lisabritt Solsky and Suzanne Barricklow testified for the agency.

 

     Sen. Clegg returned to the meeting during the discussion of this item.

 

        Rep. Allan moved that the Committee approve Proposed Interim Rule INT 2005-10.

 

     Rep. Bicknell seconded.

 

     Adopted.

 

14   The Committee discussed Proposed Interim Rule INT 2005-11 from the Department of Health and Human Services (Former Division of Human Services, Wheelchair Van Services.).  Lisabritt Solsky testified for the agency. Suzanne Barricklow also represented the agency.

 

      Rep. Bicknell moved that the Committee approve Proposed Interim Rule INT 2005-11.

 

      Sen. Letourneau seconded.

 

      Adopted.

 

15.  The Committee discussed the response of the Department of Health and Human Services to the Committee's preliminary objection to Final Proposal 2005-51 (Former Division of Public Health Services, Body Art Licensing Regulations.).  Lisabritt Solsky and Brook Dupee testified for the agency.

 

      Rep. Carson moved that the Committee accept the response and approve the rules.

 

      Rep. Dodge seconded.

 

      After further discussion, the motion and second were withdrawn.

 

      After more discussion, Rep. Carson moved that the Committee accept the response and approve the rules.

 

      Rep. Dodge seconded.

 

      Adopted.

 

16.  The Committee discussed Final Proposal 2005-50 from the Department of Safety (Motorcycle Rider Education Program Rules). Sheri Kelloway and Mavis Robinson testified for the agency.

 

     Rep. Bicknell moved that the Committee approve Final Proposal 2005-50.

 

     Rep. Allan seconded.

 

     Adopted.

 

17.  The Committee discussed Final Proposal 2005-83 from the Department of Safety (Commercial Driver Licensing Rules). Sheri Kelloway and Officer Russell Bailey testified for the agency.

 

     Sen. Clegg left the meeting during the discussion of this item.

 

     Sen. Letourneau moved that the Committee approve Final Proposal 2005-83.

 

     Rep. Bicknell seconded.

 

     Adopted.

 

18.  The Committee discussed the response of the Department of Safety to the Committee's preliminary objection to Final Proposal 2005-32 (Motor Carrier Safety Rules.).  Sheri Kelloway and Sgt. Christopher Rule testified for the agency.

 

     Sen. Clegg returned to the meeting during the discussion of this item.

 

     Rep. Allan moved that the Committee accept the response and approved the rules.

 

     Sen. Clegg seconded.

 

     Adopted.

 

19.  Lunch break at 1:02 p.m.

 

20.  Reconvening at 1:46 p.m., with Reps. Patten, Allan, Dodge, Carson, and Pilotte, and Sens. Flanders, and Clegg present, the Committee discussed Final Proposal 2005-72 from the Assessing Standards Board (Powers and Duties of the Board).  Rep. Patten stepped down as Acting Chair of the Committee to testify for the agency.  Guy Petell and Gail Bartlett also testified for the agency.  Rep. Allan was designated as Acting Chair.

 

      Sen. Letourneau returned to the meeting as the discussion of this item began.

 

      Sen. Letourneau moved that the Committee approve Final Proposal 2005-72.

 

      Rep. Bicknell seconded.

 

      Adopted.

 

**21. The Committee discussed Final Proposal 2005-74 from the Assessing Standards Board (Certification of Appraisal Personnel).  Rep. Patten and Guy Petell testified for the agency.

 

         Rep. Bicknell moved that the Committee approved Final Proposal 2005.74.

 

         Rep. Carson seconded.

 

         Adopted.

 

22.  The Committee discussed Final Proposal 2005-6 from the Lottery Commission (Rules of Practice and Procedure).  Rick Wisler testified for the agency.

 

     Rep. Patten resumed being Acting Chair of the Committee meeting.

 

     Sen. Letourneau left the meeting as discussion on this item began.

 

     Rep. Carson moved  the Committee make a preliminary objection to Final Proposal 2005-6 on the grounds as outlined in annotations by Committee Attorney Morrell to Sw 211.04(a)(5) and (d).

 

     Rep. Bicknell seconded.

 

     Adopted.

 

23.  The Committee discussed Final Proposal 2005-7 from the Lottery Commission (Rules for Sales Agents).  Rick Wisler testified for the agency.

 

 

     Sen. Flanders moved  the Committee make a preliminary objection to Final Proposal 2005-7 on the grounds that Sw 302.01(f) and Sw 303.01(b)(4) require compliance with the Americans with Disabilities Act (ADA).

 

     Rep. Bicknell seconded.

 

     Sen. Flanders left at this time, and Sen. Clegg made the same motion, which was seconded by Rep. Pilotte.

 

     The motion was adopted.

 

24   Rep. Allan moved that the Committee postpone action on the following items to the next Committee meeting:

 

14.    DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a)  FP 2005-31

Division of Water

Septage Management Rules

(JLCAR Deadline August 22, 2005.)

 

 

(b)  FP 2005-46

Division of Water

Coastal Program

(JLCAR Deadline August 15, 2005.)

 

 

(c)  FP 2005-93

Division of Water

Dam Program - Definitions, Access to Files, Duties

(JLCAR Deadline August 22, 2005.  Existing interim rules will expire August 20, 2005.)

 

 

(d)  FP 2005-95

Division of Water

Dam Program Rules

(JLCAR Deadline August 22, 2005.  Existing interim rules will expire August 20, 2005.)

 

 

(e)  FP 2005-96

Division of Waste Management

Hazardous Waste Small Quantity Generator Self-Certification Program.

(JLCAR Deadline August 22, 2005.)

 

 

15.    DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

(a)  FP 2005-65

Former Division of Public Health Services

Laboratories and Laboratory Service Rules

(JLCAR Deadline August 22, 2005.  Former regular rules expired December 29, 1999.)

 

 

(b)  FP 2005-66

Former Division of Public Health Services

Collection Station Rules

(JLCAR Deadline August 22, 2005.  Former regular rules expired January 24, 2000.)

 

 

16.    Discussion on emergency rules.

 

         (a)  Department of Resources and Economic Development

Rules for Forest Fire Service and Administrative Fines.

(Formerly Item 7(a) on 7-7-05 agenda.)

 

         (b)  Department of Safety

Electrical Requirements for Carnival Amusement Ride Rules.

(Formerly Item 7(b) on 7-7-05 agenda.)

 

 

17.    Remaining Responses to Preliminary Objections Made in July 7, 2005 Meeting But Not Yet Received by Committee Staff.

         (JLCAR Deadline October 11, 2005)

 

 

(a)  OR 2005-64

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Medically Needy Eligibility.

 

OTHER BUSINESS

18.    Other

 

      Rep. Bicknell seconded.

 

      Adopted.

 

25   The Committee recessed at 2:50 p.m.