The September meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, September 12, 2000 at 10:00 AM, in Room 149 of the Capitol Annex. Representative John Arnold, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: John Arnold, Chairman; Senators Joey Pendleton, Richard Roeding and Marshall Long; Representatives Woody Allen, and James Bruce.
Guests: Susan Stopher, Board of Accountancy; Bill Maggard, Jr., Board of Barbering; Tamela Biggs, Brenda Priestley, Corrections; Sherry Deatrick, Roye Wilson, Workforce Development Cabinet; Trish Howard, Karen Doyle, John Gray, Stuart Owen, Jim Carreer, Duane Dringenburg, John A. Volpe, Cabinet for Health Services; Shirley Eldridge, Mavis McCowan, Debbie Salleng, Genny Smith, Cabinet for Families and Children; Cliff Jennings, DCBS; Ted Bradshaw, IIAK; Bart Baldwin, Children's Alliance; Brenda S. Riddle, Adopt! Inc.; Melissa Lawson, Children's Alliance; Sam Crawford, Kentucky Farm Bureau; Wanda Walker, Kentucky One Church One Child Adoption Agency; Jennifer Rhoades, MEPAK; Ronny Pryor, LifePoint Hospitals; Richard Word, Presbyterian Child Welfare Agency; Mike Helton, KPMA; Dandridge F. Walton, KMHI-KADA; Michael W. Wooden, Sprint, Inc.
LRC Staff: Dave Nicholas, Donna Little, Stephen Lynn, Edna Lowery, Susan Wunderlich, Donna Valencia, Ellen Steinberg, Ellen Benzing.
Press:
The Subcommittee determined that the following administrative regulations, as amended by the promulgating agency and the Subcommittee, complied with statutory requirements:
Board of Barbering
201 KAR 14:180. License fees, examination fees, renewal fees and expiration fees. Bill Maggard, Administrator, represented the Board.
In response to a question by Senator Roeding, Mr. Maggard stated that Kentucky’s barbers would be notified of the fee increase through the Board’s newsletter once this administrative regulation was approved.
This administrative regulation was amended as follows: the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations.
Workforce Development Cabinet: Department for Adult and Technical Education: General Administration
780 KAR 1:010. 2001-2004 program plan. Sherry Deatrick, General Counsel, and Roye Wilson, Department for Technical Education, represented the Cabinet.
In response to questions by Senator Roeding, Mr. Wilson stated that the Kentucky State Plan for Vocational Education was a document that explained how Kentucky would use federal funds for vocational education in Kentucky that were received under the Carl D. Perkins Vocational Technical Education Act of 1998.
In response to questions by Senator Roeding, Subcommittee staff stated that KRS 151B.020(6) authorized the Secretary to promulgate administrative regulations. The Commissioner has sent a letter to the Regulations Compiler that stated that he had reviewed and approved these administrative regulations but believed that the Secretary was authorized to sign them.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations, including references to Executive Order 2000-990; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); (3) Section 1 was amended to delete language that repeated or summarized applicable statutes; and (4) Section 2 was amended to: (a) replace references for the State Board for Adult and Technical Education with a reference to the Department for Technical Education; (b) cite the applicable federal statutes; and (c) move the language that incorporates the Kentucky State Plan by reference to a new section, as required by KRS 13A.2251.
Management of the Kentucky TECH System
780 KAR 2:010. Administration of vocational-technical education schools. In response to questions by Representative Allen, most students in the Kentucky TECH system were high school students. Originally, the vocational-technical programs were organized in three hour blocks of time; however, as high schools have revamped their schedules, some vocational students who do not have transportation problems attend in one hour blocks of time. The vocational-technical programs taught various trade subjects, including tool and die, carpentry, electronics, plumbing, and other subjects, and used modern technology in the programs.
In response to questions by Chairman Arnold, Mr. Wilson stated that adult training programs, including programs for displaced workers, came under the jurisdiction of the Kentucky Community and Technical College System (KCTCS). The Department’s schools worked closely with KCTCS and, if appropriate lab facilities were available, would provide some of the needed classes.
Ms. Deatrick stated that funding for displaced worker training would be under the jurisdiction of the KCTCS, but that funds may be available under the Workforce Investment Act.
This administrative regulation was amended as follows: (1) the TITLE and the NECESSITY, FUNCTION, AND CONFORMITY paragraph were amended to use the statutory term “area technology centers”; (2) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations, including references to Executive Order 2000-990; (3) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); and (4) Sections 1 and 2 were amended to comply with the: (a) format requirements of KRS 13A.220(4); and (b) drafting requirements of KRS 13A.222(4).
780 KAR 2:011. Repeal of administrative regulations in 780 KAR Chapter 2. This administrative regulation was amended as follows: the TITLE was amended to comply with the requirements for repealer administrative regulations established in KRS 13A.310(3)(a)1.
780 KAR 2:030. Steering and advisory committees for area technology centers primarily serving secondary students. In response to questions by Representative Bruce, Mr. Wilson stated that the steering committee was composed of the principal of the school, the superintendent or designee of each participating district, a board member from each district in the school, a principal for each cooperating high school, a representative from each site-based council, a representative from the local labor market, and a guidance counselor from each district. The steering committees advised the area technology centers on local issues, including class times, bus schedules, disciplinary procedures, and other matters of coordination between the centers, high schools, and districts.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations, including references to Executive Order 2000-990; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); and (3) Sections 1, 2, and 4 were amended to comply with the: (a) format requirements of KRS 13A.220(4); and (b) drafting requirements of KRS 13A.222(4).
780 KAR 2:040. Live work projects. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations, including references to Executive Order 2000-990; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); (3) Section 1 was amended to define “Kentucky TECH”; (4) Section 3 was amended to specify the name of the required work order form; (5) a new Section 5 was created to incorporate by reference the required work order form; and (6) Sections 1 through 4 were amended to comply with the: (a) format requirements of KRS 13A.220(4); and (b) drafting requirements of KRS 13A.222(4).
780 KAR 2:060. Discipline of students. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations, including references to Executive Order 2000-990; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); (3) Section 1 was amended to define “Kentucky TECH”; and (4) Sections 1 through 4 were amended to comply with the: (a) format requirements of KRS 13A.220(4); and (b) drafting requirements of KRS 13A.222(4).
780 KAR 2:110. Student medical and accident insurance. In response to questions by Senator Roeding, Mr. Wilson stated that area technology centers operated by the Department for Technical Education provided a supplemental health and accident insurance policy to all of its students. As a secondary insurance policy, this insurance provided coverage after the student’s initial policy had been used.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations, including references to Executive Order 2000-990; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); (3) a new Section 1 was created to define “Kentucky TECH”; and (4) Sections 1 through 8 were amended to comply with the: (a) format requirements of KRS 13A.220(4); and (b) drafting requirements of KRS 13A.222(4).
780 KAR 2:140. Tuition and fees. In response to questions by Senator Roeding, Mr. Wilson stated that the programs offered at area technology centers primarily served high school students and were paid for by the SEEK program. While adults attending occupational programs at the centers would be required to pay tuition and fees, all high school students could attend classes at the centers without a tuition charge. The activity and lab fees had not been amended by this administrative regulation and were considered reasonable. Students who attended continuing education classes during the evening hours would be charged the same tuition rate charged for daytime programs if the courses were the same. When the Department established tuition rates, those rates were approved by the state and published.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations, including references to Executive Order 2000-990; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); (3) a new Section 1 was created to define “Kentucky TECH”; (4) Sections 1 through 8 were amended to comply with the: (a) format requirements of KRS 13A.220(4); and (b) drafting requirements of KRS 13A.222(4); and (5) Section 8 was amended to cross-reference the applicable administrative regulation.
Instructional Programs
780 KAR 4:010. General standards. In response to questions by Senator Roeding, Subcommittee staff stated that the amendment clarified the federal authority for this administrative regulation.
In response to questions by Senator Roeding, Ms. Deatrick stated that the postsecondary references had been deleted from these administrative regulations because authority over postsecondary programs was transferred to the Kentucky Community and Technical College System. As part of the postsecondary curriculum, the reference to fire and rescue programs were also deleted from this administrative regulation.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations, including references to Executive Order 2000-990; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); (3) Section 5 was amended to correct the name of the Kentucky Board of Education; and (4) Sections 2, 3, 5, 7, and 9 were amended to comply with the: (a) format requirements of KRS 13A.220(4); and (b) drafting requirements of KRS 13A.222(4).
780 KAR 4:011. Repeal of administrative regulations in 780 KAR Chapter 4. This administrative regulation was amended as follows: (1) the TITLE was amended to comply with the requirements for repealer administrative regulations established in KRS 13A.310(3)(a)1.; and (2) Section 1 was amended to include 780 KAR 4:050 in the list of administrative regulations being repealed.
Veterans' Approval Agency
780 KAR 5:011. Repeal of administrative regulations in 780 KAR Chapter 5. This administrative regulation was amended as follows: the TITLE was amended to comply with the requirements for repealer administrative regulations established in KRS 13A.310(3)(a)1.
Facilities and Equipment of the Kentucky TECH System
780 KAR 7:010. Definitions. This administrative regulation was amended as follows: (1) the TITLE was amended to comply with KRS 13A.222(4), relating to the title of definitions administrative regulations; (2) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations, including references to Executive Order 2000-990; (3) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); and (4) Section 1 was amended to comply with the: (a) format requirements of KRS 13A.220(4); and (b) drafting requirements of KRS 13A.222(4).
780 KAR 7:011. Repeal of administrative regulations in 780 KAR Chapter 7. This administrative regulation was amended as follows: the TITLE was amended to comply with the requirements for repealer administrative regulations established in KRS 13A.310(3)(a)1.
780 KAR 7:020. Area technology center facility standards. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations, including references to Executive Order 2000-990; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); and (3) Section 1 was amended to correct the name of the Kentucky Board of Education.
780 KAR 7:040. Facility maintenance. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations, including references to Executive Order 2000-990; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); and (3) Section 1 was amended to: (a) delete language that repeated an existing administrative regulation; and (b) specify that an area technology center owned by a local board of education shall be maintained in accordance with 705 KAR 3:141.
780 KAR 7:060. Equipment inventory. In response to questions by Senator Roeding, Mr. Wilson stated that KRS 151B.025(5) required that the secondary area vocational education and technology centers be operated in compliance with program standards established by the Kentucky Board of Education in order for the students to receive high school credit towards their graduation requirements.
In response to questions by Senator Roeding, Subcommittee staff stated that the initial staff review referenced the requirement established by the Kentucky Board of Education that equipment costing more than $300 be listed on an inventory. This administrative regulation promulgated by the Department of Technical Education required an inventory for items costing more than $250.
In response to questions by Senator Roeding, Mr. Wilson stated that the current administrative regulation required an inventory for items costing more than $100. Prior to promulgating this administrative regulation, the Department discussed the need to increase the limit to various amounts and concluded that the inventory should be required for items costing more than $250.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations, including references to Executive Order 2000-990; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); and (3) Sections 1 and 2 were amended to: (a) cross-reference an applicable administrative regulation; and (b) comply with the format requirements of KRS 13A.220(4).
Adult Education
780 KAR 9:011. Repeal of administrative regulation in 780 KAR Chapter 9. This administrative regulation was amended as follows: the TITLE was amended to comply with the requirements for repealer administrative regulations established in KRS 13A.310(3)(a)1.
Cabinet For Health Services: Certificate of Need
900 KAR 6:030. Certificate of need expenditure minimums. John Gray, Director, represented the Cabinet.
In response to questions by Representative Bruce, Mr. Gray stated that the Certificate of Need Office was statutorily required to annually adjust the certificate of need expenditure minimums based on the consumer price index. This administrative regulation made those adjustments and increased the minimum from $1.6 million to $1.7 million.
Senator Roeding stated that he applauded the increase and hoped that the Cabinet would consider shortening the timeframe for a certificate of need to ensure that the CON holder builds within a set timeframe.
In response to a question by Senator Roeding, Mr. Gray stated that he believed statutory changes would be needed to establish a timeframe or expiration date for certificates of need. Senator Roeding stated that he would be glad to help the Cabinet with needed legislation.
This administrative regulation was amended as follows: Section 2 was amended to correct the current expenditure minimum, which is $1,655,678, rather than $1,500,000.
Department for Public Health: Radiology
902 KAR 100:045. Exemptions. John Volpe, Manager, Radiation, Health, and Toxic Agents Branch, represented the Cabinet.
In response to questions by Chairman Arnold, Mr. Volpe stated that this administrative regulation exempted certain types of radioactive materials from regulatory control because those materials did not pose a risk to the public or workers and had minimized impact.
In response to questions by Senator Roeding, Mr. Volpe stated that these administrative regulations were required to maintain compatibility with the US Nuclear Regulatory Commission. As an agreement state, Kentucky was required by federal law to promulgate administrative regulations that were compatible on a national level. Because its administrative regulations were compatible, he did not believe these administrative regulations would affect Kentucky’s ability to continue to serve as a corridor state for transporting materials.
In response to questions by Representative Bruce, Mr. Volpe stated that the Cabinet did not have regulatory authority inside the Paducah plant. The Paducah plant was under the responsibility of the federal government, including the US Department of Energy and the US Nuclear Regulatory Commission.
In response to questions by Chairman Arnold, Mr. Volpe stated that, while he was vaguely familiar with the tunnel at Middlesboro, Kentucky, he had talked with Lieutenant Englen, Motor Vehicles Enforcement Department, about the movement of hazardous materials through that particular tunnel. Although he knew how radioactive materials were classified into types, he did not know how the Transportation Cabinet classified hazardous materials. In regulating the transportation of materials through the tunnel, consideration was given to the potential of the materials to cause serious problems inside the tunnel. Those considerations include access and recovery operations if a problem were to occur.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 4, 6 and 7 were amended to comply with the drafting and formatting requirements of KRS Chapter 13A.
902 KAR 100:058. Specific licenses to manufacture, assemble, repair, or distribute products. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 12 were amended to comply with the drafting and formatting requirements of KRS Chapter 13A.
902 KAR 100:070. Transportation of radioactive material. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 13 were amended to comply with the drafting and formatting requirements of KRS Chapter 13A.
902 KAR 100:085. Exempt concentrations. In response to questions by Senator Roeding, Mr. Volpe stated that this administrative regulation exempted types of materials and activities that had been shown on a national level not to be deleterious to public health.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 2 were amended to comply with the drafting and formatting requirements of KRS Chapter 13A.
902 KAR 100:165. Notices, reports and instructions to employees. In response to questions by Senator Roeding, Mr. Volpe stated that this administrative regulation had been promulgated to protect employees and to establish their rights. Some of the provisions governed what employees were allowed to do and what information they had a right to receive from the licensee. Employees were allowed to accompany inspectors throughout the facility and to notify the Cabinet regarding a potential violation without concern for retaliation by their employer. These administrative regulations were compatible with the federal requirements established by the US Nuclear Regulatory Commission and did not exceed federal guidelines.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 6 and 8 to 10 were amended to comply with the drafting and formatting requirements of KRS Chapter 13A.
Department for Medicaid Services: Payment and Services
907 KAR 3:066 & E. Nonemergency medical transportation waiver services and payments. Karen Doyle, Commissioner’s Office, Duane Dringenburg, Director, and Neville Weis, Assistant Director, represented the Department.
In response to questions by Representative Bruce, Ms. Doyle stated that this administrative regulation implemented legislation enacted during the 2000 Regular Session and established protections for persons with disabilities and a due process system. The Cabinet did not receive any requests for hearings regarding this administrative regulation.
This administrative regulation was amended as follows: the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations.
Cabinet For Families And Children: Department for Community Based Services: Protection and Permanency: Child Welfare
922 KAR 1:300. Standards for child-caring facilities (residential and emergency shelter). Cliff Jennings represented the Cabinet. Bart Baldwin, Kentucky Children’s Alliance, appeared before the Subcommittee in support of these administrative regulations.
In response to questions by Chairman Arnold, Mr. Jennings stated that the amendment removed the requirement for twenty-four hours of training and made additional improvements for infants placed in foster settings, including specification of topics to be covered during family preparation.
In response to questions by Senator Roeding, Mr. Jennings stated that beginning in November 1999, the Cabinet held regular meetings with representatives of child-caring and child-placing facilities to receive industry input regarding these administrative regulations. Similar discussions were held regarding foster care and adoptive issues. The Cabinet’s main goal was to ensure that these administrative regulations added value to the children and families involved and, if a provision did not add value, it was removed from the list of minimum standards. These administrative regulations had been streamlined and clarified to assist the agencies that provided services by focusing more on training and activities and less on the administrative functions of the facilities. The Cabinet believed that the child-to-staff ratios were reasonable.
In response to questions by Representative Bruce, Mr. Jennings stated that there were three state agencies involved in child-placing decisions: the Cabinet for Families and Children made a substantial amount of money payments for children the Cabinet placed in facilities; the Department for Juvenile Justice placed some juveniles in the facilities; and the Department for Mental Health and Mental Retardation also had the potential for placing individuals in the facilities. While some private organizations involved in private placement decisions might charge parents for those placements, the Cabinet did not assess a family if the Cabinet took the family’s child.
This administrative regulation was amended as follows: (1) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; (2) Section 3(4) was amended to clarify qualifications of the executive director; (3) Section 3(5) was amended to: (a) require the presence of a staff member certified in first aid and CPR; and (b) specify the child-to-staff ratios for each type of facility; (4) Section 3(6) was amended to implement statutory prohibitions in employment; (5) Sections 4 and 5 were amended to remove hourly requirements for adoptive parent orientation and preparation; and (6) various sections were amended to comply with the technical requirements of KRS Chapter 13A.
922 KAR 1:305. Licensure of child-caring facilities and child-placing agencies. In response to questions by Senator Roeding, Mr. Jennings stated that, while there were some site-specific requirements for facilities that depended on the facility-type, it was not generally a problem when a facility moved its location. Fees for licensure were established by statute and had not been changed by this administrative regulation. These administrative regulations made it easier to monitor the facilities and agencies because meaningful standards, including standards for safety criteria and child-to-staff ratios, had been established.
This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; (2) Section 1 was amended to add the definition of "advisory board;" and (3) various sections were amended to comply with technical requirements of KRS Chapter 13A.
922 KAR 1:310. Standards for child-placing agencies. In response to questions by Senator Roeding, Mr. Jennings stated that the intent of the placement determined whether a home would be classified and approved as an adoptive or foster home. A foster home began with an intent to provide a temporary place for children removed from their homes, while an adoptive home began with a permanency outlook for adoption. The Cabinet believed this administrative regulation would make adoptions in Kentucky easier because the provisions were tailored better and had better clarity. Additionally, the removal of the twenty-four hour requirement greatly increased the flexibility of the adoption agencies to respond to the individual needs of the child and adoptive families. This administrative regulation established criteria for specific topics to be covered during training to provide adoption agencies with flexibility in covering the topics in a manner appropriate for the child and family. The adoptive process included a home study and was designed to prepare the family for the adoption, prepare documents to satisfy court requirements, and to ensure a successful permanent placement for the child. Training for foster parents had been clarified. While foster parent training included a specified hours requirement, that requirement was consistent with national standards. The changes were intended to be beneficial for, and provide protection to, the children and to permit delivery of services.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (2) Section 1 was amended to: (a) delete definition of "Behavioral Health Professional"; (b) add definition of "Treatment Director"; and (c) change "Social Services Professional" to "Social Services Worker"; (3) Section 2(5) was amended to implement statutory prohibitions in employment; (4) various sections were amended to comply with technical requirements of KRS Chapter 13A; and (5) Section 4(3) was amended to specify that the requirements of that Section applied if an infant was placed into foster care with the immediate intent of adoption.
922 KAR 1:380. Standards for emergency shelter child-caring facilities. In response to questions by Senator Roeding, Mr. Baldwin stated that he represented child-caring and child-placing agencies and that he wanted to commend the Cabinet for its willingness to work with providers. Over the past several months, the Cabinet met regularly with providers, industry representatives, the Division of Licensing and Regulations, and other state agencies, to review these administrative regulations line by line. The people and agencies regulated by these administrative regulations were very involved in the decision-making process. These administrative regulations would have a positive affect on agencies because the existing requirements had not been revised in at least ten years and the new requirements were current and applicable.
This administrative regulation was amended as follows: (1) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; and (2) Sections 1 to 4 were amended to comply with the technical requirements of KRS 13A.
922 KAR 1:390. Standards for residential child-caring facilities. In response to questions by Senator Roeding, Mr. Jennings stated that the child-staff ratios were established at appropriate levels in conformity with applicable national standards. The definition of “treatment director” had been amended for clarity and to include a physician. A residential child-caring facility would secure access to professional treatment services for a child if the child had an assessed need for the services and those services were not provided at the facility.
This administrative regulation was amended as follows: (1) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; (2) Section 1 was amended to specify the qualifications of a "treatment director"; and (3) Sections 1 to 6 were amended to comply with the technical requirements of KRS 13A.
922 KAR 1:400. Supportive services. In response to questions by Senator Roeding, Mr. Jennings stated that safety net services were intended to help a family meet concrete needs, such as the correction of an environmental factor that might result in the removal of a child from the home. The Cabinet may authorize up to $635 to a vendor for those safety net services to help a family respond to a short-term need.
This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct statutory citations; (2) Section 5(6) was amended to clarify that a family may receive only one "safety net services" monetary award in a fiscal year; and (3) various sections were amended to comply with technical requirements of KRS Chapter 13A.
922 KAR 1:410. Family Preservation Program. In response to questions by Senator Roeding, Mr. Jennings stated that because the Cabinet’s first emphasis was the safety of the child, if the Cabinet could not ensure a child’s safety, family preservation services would not be appropriate. These services required an intense involvement between the family preservation provider, the family, and the child, and were designed to help the family learn basic skills for daily living and to alleviate current and future crises. Family preservation services were not available in every situation because, for reasons of safety, some children needed to be removed from their homes and placed in a safer environment.
This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct citation of statutes; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 3 were amended to comply with technical requirements of KRS Chapter 13A; and (3) Section 2(5) was amended to add statutory references.
The Subcommittee determined that the following administrative regulations complied with statutory authority:
Board of Accountancy
Susan Stopher, Director, represented the Board.
201 KAR 1:050. License application.
201 KAR 1:063. Certificate of experience.
201 KAR 1:064. Verification of experience for teaching accounting courses.
201 KAR 1:065. Individual license renewal and fee.
201 KAR 1:069. Repeal of 201 KAR 1:068.
201 KAR 1:081. Firm license.
201 KAR 1:160. Peer reviews.
201 KAR 1:170. License application under substantial equivalency standards.
Justice Cabinet: Department of Corrections: Office of the Secretary
Tamela Biggs, Staff Attorney, represented the Department.
501 KAR 6:040. Kentucky State Penitentiary.
The Subcommittee and promulgating administrative bodies agreed to defer consideration of the following administrative regulations to the next meeting of the Subcommittee:
Department Of Law: Office of the Attorney General: Prosecutors Advisory Council: Medical Examination of Sexual Abuse Victims
40 KAR 3:010E. Payment schedule to hospitals, physicians and or sexual assault nurse examiners for medical examination of victims of sexual offenses.
Revenue Cabinet: Department of Law: Division of Tax Policy: Sales and Use Tax; Miscellaneous Retail Transactions
103 KAR 28:140E. Telephonic and telegraphic communications and services.
Kentucky Retirement Systems: General Rules
105 KAR 1:290E. Medical Insurance Reimbursement Plan.
Board of Medical Licensure
201 KAR 9:021E. Medical and osteopathic schools approved by the board; denial or withdrawal of approval; application of KRS 311.271; postgraduate training requirements; approved programs; recognition of degrees.
Justice Cabinet: Department of Corrections: Office of the Secretary
501 KAR 6:020E. Corrections policies and procedures.
Department of Criminal Justice Training: Kentucky Law Enforcement Council
503 KAR 1:140E. Peace officer professional standards.
Education Professional Standards Board
704 KAR 20:120E. Emergency certification and out-of-field teaching.
704 KAR 20:210E. Substitute teachers and emergency school personnel.
704 KAR 20:280E. Endorsement for teachers of gifted education.
704 KAR 20:500E. Certificates for teachers of exceptional children - communication disorders.
704 KAR 20:706E. Admission, placement, and supervision in student teaching.
704 KAR 20:750E. Teachers' National Certification Incentive Trust Fund.
Education, Arts, And Humanities Cabinet: Board of Education: Department of Education: Office of Special Instructional Services: Fiscal Management
705 KAR 2:140E. Equalization of funding for locally operated area vocational centers and vocational departments.
Labor Cabinet: Department of Workers' Claims
803 KAR 25:010E. Procedure for adjustments of claims.
803 KAR 25:012E. Resolution of medical disputes.
803 KAR 25:070E. Charges by attorneys.
803 KAR 25:101E. Provision of workers' compensation rehabilitation services.
Public Protection And Regulation Cabinet: Department of Insurance: Agents, Consultants, Solicitors and Adjusters
806 KAR 9:006E. Repeal of 806 KAR 9:005, 806 KAR 9:100, 806 KAR 9:150, 806 KAR 9:170, and 806 KAR 9:180.
806 KAR 9:060E. Identification cards.
806 KAR 9:120E. Unlicensed adjusters.
806 KAR 9:200E. Volume of insurance agent exchange of business.
806 KAR 9:210E. Time limit for replacement of evidence of licensee financial responsibility.
806 KAR 9:250E. Specialty credit insurance producer.
Unauthorized Insurers' Prohibitions, Process and Advertising
806 KAR 11:010E. Industrial insured, government entity insured, and exempt commercial policyholder.
Rates and Rating Organizations
806 KAR 13:150E. Property and casualty rate and rule filings.
Insurance Contract
806 KAR 14:005E. Rate and form filing for life and health insurers.
806 KAR 14:006E. Property and casualty insurance form filings.
Health Insurance Contracts
806 KAR 17:180E. Standard health benefit plan and comparison format.
806 KAR 17:220E. Approval criteria and requirements for reentry into the Kentucky health insurance market.
806 KAR 17:230E. Requirements regarding medical director's signature on health care benefit denials.
806 KAR 17:260E. Conversion policy minimum benefits.
806 KAR 17:280E. Registration, utilization review, and internal appeal.
806 KAR 17:290E. Independent external review program.
806 KAR 17:300E. Provider agreement filing requirements.
Health Maintenance Organizations
806 KAR 38:020E. Health maintenance organization agent license.
Cabinet For Health Services: Office of Administrative Services: Vital Statistics
901 KAR 5:050E. Fees for searches, certified copies of certificates and records.
Department for Public Health: Maternal and Child Health
902 KAR 4:120E. Health Access Nurturing Development Services (HANDS) Program.
Division of Licensing and Regulation: Office of Inspector General
906 KAR 1:110E. Critical access hospital services.
Department for Medicaid Services: Medicaid Services
907 KAR 1:012 & E. Inpatient hospital services.
907 KAR 1:013E. Payments for hospital inpatient services.
907 KAR 1:044E. Mental health center services.
907 KAR 1:320E. Kentucky patient access and care system (KenPAC).
907 KAR 1:475E. Repeal of 907 KAR 1:470, 907 KAR 1:472 and 907 KAR 1:474.
907 KAR 1:478E. Durable medical equipment covered services and reimbursement.
907 KAR 1:626E. Reimbursement of dental services.
907 KAR 1:631E. Reimbursement of vision program services.
907 KAR 1:790E. Medicaid service category expenditure information.
Payment and Services
907 KAR 3:066 & E. Nonemergency medical transportation waiver services and payments.
907 KAR 3:120E. Chiropractic services and payments. Karen Doyle, Commissioner’s Office, and Trish Howard, Internal Policy Analyst, represented the Cabinet.
In response to questions by Chairman Arnold, Ms. Doyle stated that chiropractors had raised some issues regarding this emergency administrative regulation and had met with Secretary Jimmy Helton and Commissioner Dennis Boyd. At that meeting, the Cabinet agreed to withdraw the current emergency administrative regulation and file a substantially different emergency administrative regulation that included the agreed-to provisions.
Ms. Howard stated that the new emergency administrative regulation would most likely be filed with the Regulations Compiler next week.
Subcommittee staff stated that the filing deadline for the next Administrative Register was Friday, September 15, at noon. If the new administrative regulation was filed after that deadline, the administrative regulation would be published in the November 1 edition of the Administrative Register and would be placed on the agenda for the Subcommittee’s December meeting. An emergency administrative regulation would be effective upon filing.
In response to a question by Chairman Arnold, Ms. Howard stated that she had talked with some chiropractors before the Subcommittee meeting and would email a copy of the proposed emergency administrative regulation when she returned to her office. When the new emergency administrative regulation is filed, she will contact Chairman Arnold.
907 KAR 3:140E. Coverage and payments for the Health Access Nurturing Development Services (HANDS) Program.
Department for Mental Health and Mental Retardation Services: Mental Health
908 KAR 2:210E. Domestic violence offender treatment certification standards.
Cabinet For Families And Children: Department for Community Based Services: Family Support: Child Support
921 KAR 1:400E. Establishment, review, and modification of child support and medical support orders.
Protection and Permanency: Child Welfare
922 KAR 1:050E. Approval of adoption assistance.
922 KAR 1:140. Foster care and adoption permanency services.
922 KAR 1:360E. Private child care placements, levels of care and payment.
OTHER BUSINESS:
In response to a question by Senator Roeding, Subcommittee staff stated that under KRS 13A.2251 and 13A.2255, to amend material previously incorporated by reference in an administrative regulation, the promulgating agency was required to file both a clean and marked-up copy of the material. The clean copy showed the material incorporated by reference the way the agency intended the material to read. In the dirty copy, new language would be underlined and existing language which the agency intended to delete would be struck-through and in brackets. The agency was also required to file a detailed summary of the changes to the material and that summary was attached to the back of the administrative regulations. Subcommittee staff would red flag administrative regulations that incorporated material by reference, especially if the material included substantive changes.
In response to a question by Representative Bruce, Subcommittee staff stated that the Department of Insurance had withdrawn 806 KAR 4:010E, 806 KAR 9:001E, 806 KAR 9:070E, 806 KAR 9:220E, and 806 KAR 9:260E, and new versions had been resubmitted.
The Subcommittee adjourned at 11:20 a.m. until October 10, 2000, at 10 a.m. in Room 149 of the Capitol Annex.