The April meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, April 10, 2001, at 10:00 AM, in Room 149 of the Capitol Annex. Representative John Arnold Jr., Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Representative John Arnold Jr., Chair; Senators Marshall Long, Joey Pendleton, and Richard Roeding; Representatives Woody Allen, James Bruce, and Jimmie Lee.
Guests: John Patterson, Susan Blake, Attorney General's Office; Agnes B. Roberts, Mike Russell, Eddie Mattingly, Revenue Cabinet; Larry Barker, Military Affairs; Bob Osborne, Lucille Orlando, Division of Emergency Management; Nathan Goldman, Board of Nursing; Brenda Priestley, Hazel M. Combs, Jack Damron, Department of Corrections; Steve Lynn, Stephanie Bingham, Bill Moseley, Jeff Burns, Department of Criminal Justice Training; Hollie Spade, Transportation Cabinet; Rena Elswick, Bernard J. Hettel, Kentucky Racing Commission; James Carreer, Jayne Arnold, John Gray, Michael Littlefield, Jay Klein, George J. Graham, Louis Moore, Barbara Utter, Nancy Fox, Daphne McCord, Cabinet for Health Services; Marian T. Call, Robyn Zapp-Basil, Stephanie Brammer-Barnes, Cliff Jennings, Kathy Adams, Debbie Salleng, Joyce Metts, Virginia V. Smits, Cabinet for Families and Children; Jack L. Donovan, Kentucky Emergency Management Association; Patrick Hughes, Timoth McDermott, St. Elizabeth Medical Center; Ronny Pryor, LifePoint Hospital; Bart Baldwin, Children's Alliance; Mike Helton, KPMA; Wade H. Helm, Kentucky Conservation Committee.
LRC Staff: Dave Nicholas, Donna Little, Edna Lowery, Ellen Benzing, Karen Smith, Susan Wunderlich, Donna Valencia, Ellen Steinberg.
The Subcommittee determined that the following administrative regulations, as amended by the promulgating agency and the Subcommittee, complied with statutory requirements:
Office Of Attorney General, Kentucky Victim and Witness Protection Program
40 KAR 6:020. Funding assistance for child sexual abuse medical examinations. Susan Blake, Director, Victims Advocacy Division, and John Patterson, Victims Advocacy Division, represented the Office.
This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct statutory citations; and (2) Sections 1 through 7 were amended to correct minor technical errors.
Revenue Cabinet, General Administration
103 KAR 1:060. Electronic fund transfer. Eddie Mattingly, Division of Tax Policy, and Mike Russell, System Director, Division of Revenue Operations, represented the Cabinet.
In response to questions by Senator Roeding, Mr. Mattingly stated that this administrative regulation did not increase taxes. Rather, this administrative regulation helped accelerate receipts of tax payments. The electronic funds transfer provisions enabled taxpayers to remit money to the Cabinet through the use of an electronic payment, rather than a paper check.
This administrative regulation was amended as follows: (1) Sections 2(3)(f) and 2(4) were amended to clarify the information needed to credit an account and the requirement that a taxpayer or employer shall comply with the electronic fund transfer requirements until a written request to change methods is filed and approved by the cabinet to comply with KRS 13A.222(4)(a); and (2) Section 3(3) was amended to comply with KRS 13A.222(4)(b).
General Government Cabinet, Department for Military Affairs, Division of Emergency Management, Disaster and Emergency Services
106 KAR 1:140. Emergency management funding. Jack Donovan, Executive Vice President, Emergency Management Association, Bob Osborne, Assistant Director, Division of Emergency Management, and Lucille Orlando, Division of Emergency Management, represented the Department.
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 through 3 were amended to comply with the drafting requirements of KRS Chapter 13A.
106 KAR 1:170. Local Emergency Management Agency Program quarterly report. 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 through 3 were amended to comply with the drafting requirements of KRS Chapter 13A.
106 KAR 1:180. Project application. 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 Section 1 were amended to comply with the drafting requirements of KRS Chapter 13A.
106 KAR 1:190. Project application reimbursement. 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 Section 1 were amended to comply with the drafting requirements of KRS Chapter 13A.
106 KAR 1:200. Local plan. 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 2, 3, and 4 were amended to comply with the drafting requirements of KRS Chapter 13A.
106 KAR 1:210. Local emergency management training. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (2) Sections 1, 2, 3, 4, and 6 were amended to comply with the drafting requirements of KRS Chapter 13A.
106 KAR 1:220. Local exercise. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (2) Sections 1 through 7 were amended to comply with the drafting requirements of KRS Chapter 13A.
106 KAR 1:230. Local emergency management agency ordinance requirement. This administrative regulation was amended as follows: the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 2 were amended to comply with the drafting requirements of KRS Chapter 13A.
106 KAR 1:240. Local emergency management director appointment process. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct statutory citations; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 3, and 5 were amended to comply with the drafting requirements of KRS Chapter 13A.
106 KAR 1:250. Worker's Compensation enrollment form. This administrative regulation was amended as follows: the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2 and 3 were amended to comply with the drafting requirements of KRS Chapter 13A.
106 KAR 1:260. Supplementary state fund expense reimbursement eligibility list. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct statutory citations; and (2) Sections 1 and 2 were amended to comply with the drafting requirements of KRS Chapter 13A.
106 KAR 1:290. Specialized Rescue Squad Alternative Affiliation Agreement process. This administrative regulation was amended as follows: the STATUTORY AUTHORITY paragraph was amended to correct statutory citations.
106 KAR 1:340. Rescue Aid Fund allocation. This administrative regulation was amended as follows: the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations.
106 KAR 1:350. Rescue squad minimum equipment. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (2) Section 5 was amended to comply with the format requirements of KRS Chapter 13A.
106 KAR 1:370. Rescue Aid Fund expenditure documentation. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct statutory citations; and (2) Section 2(1) was amended to correct a cross-reference to another administrative regulation.
106 KAR 1:390. Search and rescue training requirements. This administrative regulation was amended as follows: the RELATES TO paragraph and Section 6 were amended to correct statutory citations.
Justice Cabinet, Department of Corrections, Office of the Secretary
501 KAR 6:020. Corrections policies and procedures. Jack Damron, Staff Attorney, and Hazel Combs, Acting Director, Division of Probation and Parole, represented the Department.
Representative Bruce expressed his extreme displeasure of an opinion article written by a Justice Cabinet employee that appeared in the Lexington Herald-Leader on March 16, 2001, and expressed his appreciation of an opinion article written by an LRC employee that appeared in the same newspaper on April 9, 2001. The Subcommittee requested that the employee who wrote the original article send a written apology to each member of the General Assembly. Mr. Damron stated that he would relay the Subcommittee’s concerns and request to the Secretary and General Counsel of the Justice Cabinet.
This administrative regulation was amended as follows: (1) Section 1 was amended to correct the edition date of the material incorporated by reference; and (2) CPP 27-12-01, CPP 27-16-01, and CPP 28-03-01 were amended to comply with the drafting requirements of KRS Chapter 13A.
501 KAR 6:150. Eastern Kentucky Correctional Complex. 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: (a) comply with the drafting and format requirements of KRS Chapter 13A; and (b) correct the edition date of the material incorporated by reference; and (3) EKCC 18-13-02 was amended to: (a) comply with the drafting and format requirements of KRS Chapter 13A; (b) specify the applicability of the two attachments; and (c) clarify requirements relating to inmate clothing and food.
Department of Criminal Justice Training, Kentucky Law Enforcement Council
503 KAR 1:110 & E. Department of Criminal Justice Training basic training: graduation requirements; records. ("E" expires 7/21/01) Steve Lynn, Associate General Counsel, Bill Moseley, Branch Manager of Training, and Jeff Burns, Supervisor of the Physical Training Section, represented the Department.
In response to questions by Representative Lee, Mr. Lynn stated that this administrative regulation did not lower the standards for basic training. Previously, basic training was divided into two parts. In practice, it seemed more equitable to divide the training into three parts, which was the method in which the training course had been traditionally designed. Recruits were required to pass each of the three sections before graduating from basic training. He would send the Subcommittee information regarding the failure rates for recruits in basic training. The changes in this administrative regulation would not affect the professional standards of police officers and the instructors were committed to training the best police officers possible for the state of Kentucky.
In response to questions by Senator Roeding, Mr. Lynn stated that previously the training was divided into two parts, an academic area and a skills area. Under this administrative regulation, the training would be divided into three areas. The first area included four academic tests, first aid, and CPR. The second area included firearms training, vehicle operations, and defensive tactics. The third area included the breath tests, DUI detection, and National Crime Information Center computer inquiries. Recruits were allowed to take one re-examination in each of the three parts and were required to successfully complete each examination to graduate.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (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, 4, 6, 7, 8, and 9 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Transportation Cabinet, Department of Vehicle Regulation, Administration
601 KAR 2:030. Ignition interlock devices; the surrendering of license plates. Hollie Spade, Office of General Counsel and Legislative Affairs, Steve Coffey, Assistant Director, Division of Driver’s Licensing, and Jim Roberts, Deputy Commissioner, represented the Department.
In response to questions by Senator Roeding, Ms. Spade stated that county clerks were aware of the proposed changes in this administrative regulation and that many county clerks attended the notice of intent public hearing regarding the proposed changes. The Department was not aware of any objections to this administrative regulation. During the DUI proceedings, the judge determined whether an offender would be required to use an ignition interlock device. The county clerks were required to accept surrendered license plates and forward the plates to the Transportation Cabinet.
In response to a question by Chairman Arnold, Ms. Spade stated that the judge determined whether an offender would be required to surrender his license plates in those situations in which there was not a required suspension period established by statute.
Mr. Coffey stated that the license plates were not surrendered until a second or subsequent offense.
In response to questions by Representative Allen, Ms. Spade stated that if the offender owned or jointly owned the vehicle, the license plates would be surrendered. However, the statute established a hardship exception to allow a joint owner to keep the license plate in order to drive to work and other activities. Additionally, in certain situations, the offender could also apply for a hardship license to drive to and from his place of employment. The license plate of a vehicle not owned or jointly-owned by the offender would not be subject to surrender.
Mr. Roberts stated that if the vehicle was solely owned and the offender was using a vehicle that he did not own, that vehicle would not be subject to plate confiscation. The suspension of license plates applied only to vehicles owned or jointly owned by the offender. An offender’s spouse could choose to transfer the vehicle out of the offender’s name or to apply for a hardship license.
This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct statutory citations; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to comply with the drafting requirements of KRS Chapter 13A.
Driver's License
601 KAR 12:060. Hardship driver's license. In response to questions by Chairman Arnold, Ms. Spade stated that an offender convicted of a second or subsequent DUI offense could apply for a hardship driver’s license to enable the offender to drive from home to work and back home. The judge might require use of an ignition interlock device, in accordance with 601 KAR 2:030.
In response to questions by Senator Roeding, Ms. Spade stated that the statute authorized the Cabinet to establish a service fee not to exceed $200. The Cabinet established the fee at $5. The fee was paid to the circuit clerk who then forwarded that amount to the Cabinet. The clerks received a percentage of the money collected for general licensing fees for driver’s licenses under KRS Chapter 186 but did not receive extra compensation for the hardship licenses. The Cabinet had worked with the clerks throughout the development of this administrative regulation and was not aware of any objections to this administrative regulation.
In response to questions by Representative Allen, Mr. Coffey stated that KRS 189.520 applied to driving non-motor vehicles while under the influence and this statute applied to horses, lawnmowers, wheelchairs, and other non-motor vehicles.
In response to questions by Senator Long, Mr. Roberts stated that the Cabinet provided information under a contractual arrangement to a couple of companies directly involved in recall notices. Those companies were contractually prohibited from selling that list to other people. If the Cabinet determined that the lists were being sold for non-recall purposes, the contract would be terminated. The Cabinet would check into the specifics of Senator Long’s inquiry regarding false recall-type notices his constituents had received.
This administrative regulation was amended as follows: Sections 4 and 5 were amended to: (1) comply with the drafting requirements of KRS Chapter 13A; and (2) clarify the transfer of funds from the circuit court clerk to the cabinet to comply with KRS 186.490 and 189A.450.
Kentucky Racing Commission, Harness Racing
811 KAR 1:005. Definitions. Bernie Hettel, Executive Director, Rena Elswick, and Mark Guilfoyle represented the Commission.
This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation; and (2) Sections 1 through 35 were amended to comply with the formatting and drafting requirements of KRS Chapter 13A.
811 KAR 1:015. Race officials. This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation; and (2) Sections 13, 17, 18, 19, 21, 22, and 24 were amended to comply with the formatting and drafting requirements of KRS Chapter 13A.
811 KAR 1:020. Registration and identification of horses. This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation; and (2) Sections 2, 3, 4, 6, and 8 were amended to comply with the formatting and drafting requirements of KRS Chapter 13A.
811 KAR 1:055. Declaration to start; drawing horses. This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation; (2) Sections 1, 2, and 6 were amended to comply with the formatting and drafting requirements of KRS Chapter 13A; and (3) Sections 9 and 10 were amended to add criteria for the length of races and the starting of two-year olds.
811 KAR 1:090. Stimulants and drugs. In response to questions by Senator Roeding, Mr. Hettel stated that the Commission had received major criticisms in thoroughbred and standardbred racing regarding the practice of milkshaking. This administrative regulation prohibited the use of milkshaking and established the penalty at a level that was substantial enough to deter the practice. Milkshaking involved a combination of bicarbonate of soda, Gatorade, and other concoctions that were placed down a horse’s nostrils through tubes that went to his stomach. The mixture helped a horse involved in an extended race of a mile or more by giving an energy boost after a mile and enabled the horse to race above and beyond its capabilities. The risk of injuries to the horses while inserting the tubes was significant and the practice was not condoned in the practice of racing throughout the country.
This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation; and (2) Sections 1-4, 7-8, 10-12, and 14 were amended to comply with the formatting and drafting requirements of KRS Chapter 13A.
811 KAR 1:220. Harness racing at county fairs. This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation; (3) Sections 1, 3, 5, 10, and 15 through 27 were amended to comply with the formatting and drafting requirements of KRS Chapter 13A; and (4) Section 7 was amended to clearly state the standardbred county fair fees.
Cabinet For Health Services, Department for Public Health, Office of Certificate of Need
900 KAR 6:050 & E. Certificate of Need administrative regulation. ("E" expires 4/21/01) John Gray, Director, Office of Certificate of Need, represented the Department.
In response to questions by Senator Roeding and Representative Lee, Subcommittee staff stated that the amendment to this administrative regulation was made to comply with the drafting and format requirements of KRS Chapter 13A and did not affect the substance of this administrative regulation.
Mr. Gray stated that the provisions regarding ambulatory surgery centers had not been changed.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs and Section 1 were amended to correct statutory citations; (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 definitions that repeated or summarized statutory definitions, as required by KRS 13A.222(4)(d); (4) Sections 3 and 10 were amended to correct internal cross-references; (5) Section 4(3) was amended to delete outdated provisions, which discussed the effective date of prior amendments to this administrative regulation; and (6) Sections 1, 2, 3, 4, 6, 7, 8, 9, 11, 15, 16, 18, 19, 20, 21, 24, 25, 26, 27, and 28 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Department for Mental Health and Mental Retardation Services, Substance Abuse
908 KAR 1:315. Zero tolerance program requirements. Mike Littlefield, Administrative Regulations Coordinator, Mike Townsend, Director, Division of Substance Abuse, and Dionna Burchett, Division of Substance Abuse, represented the Department.
In response to questions by Chairman Arnold, Mr. Littlefield stated that during the 2000 Regular Session, the General Assembly amended KRS 189A.040 to implement zero tolerance provisions for minors. A minor who registered between .02 and .08 on his blood alcohol concentration level would essentially be treated similarly to a first offender under the DUI statutes. This administrative regulation established procedures for the zero tolerance program, including preventive services for offenders.
This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to correct statutory citations; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2, 3, 5, and 6 were amended to comply with the drafting requirements of KRS Chapter 13A.
Cabinet For Families And Children, Department for Community Based Services, Family Support, Child Support
921 KAR 1:020. Child Support Program: confidentiality, program administration contracts, and agreements. Kathy Adams, Division of Policy Development, and Joyce Metts, Division of Policy Development, represented the Department.
In response to questions by Senator Roeding, Ms. Metts stated that this administrative regulation affected banks, financial institutions, county attorneys, and special prosecutors, but would not in any way delay the processing of child support checks.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (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 2(1)(b) was amended to more clearly state the requirement for specific guidelines in the program administration contract.
Protection and Permanency, Child Welfare
922 KAR 1:330. Child protective services. Cliff Jennings, Virginia Smits, Policy Development, and Debbie Salleng, Policy Development, represented the Department.
In response to questions by Senator Roeding, Ms. Smits stated that this administrative regulation established a two-track investigation system which enabled Protection and Permanency workers to determine at the beginning if the situation was low-risk or high-risk. The workers would then perform an investigation or a family-in-need-of-services assessment, which was less adversarial than investigations. Workers were given the opportunity during the intake process to refer clients to other agencies for preventive work if the statutorily-established criteria for an investigation or assessment were not met. An aftercare plan was developed by the worker and the family after an investigation or assessment to determine the family’s needs in order to keep the children and family safe. A safety plan was similar to an aftercare plan but determined the immediate safety needs of the family during the investigation, rather than after its completion.
In response to questions by Chairman Arnold, Ms. Smits stated that, even though spanking was not illegal in Kentucky, the Cabinet frequently received complaints regarding children who had been spanked and had marks left on their bodies. The Cabinet would perform an assessment on these low-risk situations, make a determination that the child was safe, and provide parents with alternatives for discipline.
In response to questions by Senator Long, Ms. Smits stated that this administrative regulation affected the procedures that were followed after an event was reported to the Cabinet and gave more options to families who had received a report. While anyone could report an allegation of child abuse or neglect, the Cabinet would make a determination whether the actions qualified for an investigation or assessment.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (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 through 10 were amended: (a) for clarity; (b) to comply with the drafting and formatting requirements of KRS Chapter 13A; and (c) to correct minor technical errors.
922 KAR 1:420. Child fatality or near fatality investigations. In response to questions by Senator Roeding, Ms. Smits stated that a safety plan was developed if a child was going to remain in the home or if other children were remaining in the home. A prevention plan was used for in-home case planning if a child was to remain in the home.
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 through 3 were amended: (a) for clarity; (b) to comply with the drafting and formatting requirements of KRS Chapter 13A; and (c) to correct minor technical errors.
922 KAR 1:430. Child protective services in-home case planning and service delivery. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to add a statutory citation; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 4 were amended: (a) to comply with the drafting and formatting requirements of KRS Chapter 13A; and (b) to correct minor technical errors.
Day Care
922 KAR 2:190. Civil penalties. Cliff Jennings and Stephanie Brammer-Barnes represented the Cabinet.
In response to questions by Senator Roeding, Ms. Brammer-Barnes stated that this administrative regulation was required by House Bill 706, enacted during the 2000 Regular Session of the General Assembly. Child care centers were aware that the Cabinet was going to impose fines. Civil penalties would be imposed as intermediate sanctions as a last resort for noncompliance prior to suspension or revocation of the license occurred. The penalties would be applied to situations that posed an immediate threat to the health, safety, or welfare of a child. An example of its use would be a center which traditionally maintained its license in good standing but had an isolated incident, such as lack of supervision, that would merit a fine, but not suspension or revocation. The Cabinet for Families and Children had contracted with the Cabinet for Health Services for the Office of Inspector General to process licensure and renewal applications, conduct inspections of child care facilities, and implement a quality rating system.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 1(1) were amended to add clarifying language; and (3) Sections 1 and 2 were amended: (a) for clarity; and (b) to comply with the drafting and formatting requirements of KRS Chapter 13A.
The Subcommittee determined that the following administrative regulations complied with statutory authority:
General Government Cabinet, Department for Military Affairs, Division of Emergency Management, Disaster and Emergency Services
106 KAR 1:270. Repeal of 106 KAR 1:075. Jack Donovan, Executive Vice President, Emergency Management Association, Bob Osborne, Assistant Director, Division of Emergency Management, and Lucille Orlando, Division of Emergency Management, represented the Department.
106 KAR 1:280. Repeal of 106 KAR 1:060.
Board of Nursing
201 KAR 20:390. Nursing Incentive Scholarship Fund. Nathan Goldman, General Counsel, represented the Board.
In response to questions by Senator Roeding, Mr. Goldman stated that the Board did not know how many individuals would apply for the nursing incentive scholarship fund. The affected individuals, including hospitals, organizations, and citizens, would be requesting grants that would affect the nursing workforce competency development.
Justice Cabinet, Department of Corrections, Office of the Secretary
501 KAR 6:170. Green River Correctional Complex. Jack Damron, Staff Attorney, and Hazel Combs, Acting Director, Division of Probation and Parole, represented the Department.
Cabinet For Health Services, Department for Public Health, Emergency Medical Technicians
902 KAR 13:011E. Repeal of 902 KAR 13:010, 902 KAR 13:030, 902 KAR 13:050, 902 KAR 13:070, 902 KAR 13:080, 902 KAR 13:090, 902 KAR 13:110, 902 KAR 13:120, 902 KAR 13:160, and 902 KAR 13:170. ("E" expires 8/18/2001) (Will NOT be replaced by an ordinary administrative regulation) Jim Carreer, Commissioner’s Office, represented the Department.
In response to questions by Senator Roeding, Mr. Carreer stated that this administrative regulation and 902 KAR 14:011E repealed administrative regulations relating to emergency medical technicians , emergency medical services, and ambulance service providers. House Bill 405, enacted during the 2000 Regular Session of the General Assembly, transferred the authority for these administrative regulations from the Cabinet for Health Services to the new Board of Emergency Medical Services.
In response to questions by Senator Roeding, Subcommittee staff stated that the tiering statement included as part of the Regulatory Impact Analysis for these administrative regulations stated that tiering did not apply because these administrative regulations applied equally to all regulated entities. The tiering statement also stated that disparate treatment of those regulated by these administrative regulations could raise questions of arbitrary action on the part of the agency.
Emergency Medical Services and Ambulance Service Providers
902 KAR 14:011E. Repeal of 902 KAR 14:010, 902 KAR 14:020, 902 KAR 14:070, 902 KAR 14:080, 902 KAR 14:082, 902 KAR 14:084, 902 KAR 14:090, and 902 KAR 14:100. ("E" expires 8/18/2001) (Will NOT be replaced by an ordinary administrative regulation)
Department for Medicaid Services
907 KAR 3:010 & E. Reimbursement for physicians' services. ("E" expires 6/21/01) Louis Moore, Medicaid Medical Director, and George Graham, Deputy Commissioner, represented the Department.
Senator Roeding stated that this administrative regulation was needed to enable physicians to effectively treat cancer patients.
At the request of the Subcommittee, the promulgating administrative agencies agreed to defer consideration of the following administrative regulations to the next meeting of the Subcommittee:
Governor's Office, Agricultural Development Board
10 KAR 2:020E. Disbursement of monies from the Kentucky Agricultural Development Fund. ("E" expires 7/21/01)
Telehealth Board
10 KAR 3:020E. Establishing and funding telehealth network training centers. ("E" expires 8/18/2001)
10 KAR 3:030E. Establishing and funding telehealth network rural sites. ("E" expires 8/18/2001)
FINANCE AND ADMINISTRATION CABINET
Statewide Accounts
200 KAR 24:020E. Allocation of driving under the influence service fees. ("E" expires 7/21/01)
Real Estate Commission
201 KAR 11:071. Repeal of 201 KAR 11:070.
201 KAR 11:440. Personal assistant duties.
Board of Licensure for Professional Engineers and Land Surveyors
201 KAR 18:102E. Electronic stamps, seals and signatures. ("E" expires 7/21/01)
Board of Nursing
201 KAR 20:460. Declaratory rulings. Nathan Goldman, General Counsel, represented the Board.
In response to questions by Senator Roeding, Mr. Goldman stated that a typographical error had been made on the Regulatory Impact Analysis. The sentence should read that an increase in fees would not be necessary to implement this administrative regulation. Because of the typographical error, the sentence stated that an increase would be necessary. The Board did not know how many declaratory ruling requests would be filed, but fully expected to be able to handle the number of requests the Board received.
After a general discussion, Mr. Goldman agreed to defer consideration of this administrative regulation, as amended, until the May, 2001, Subcommittee meeting. He will file a corrected Regulatory Impact Analysis with the Regulations Compiler prior to the May 2001 meeting.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (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) the definition of "declaratory ruling" was amended to clearly define the term as used in this administrative regulation.
Board of Certification for Alcohol and Drug Counselors
201 KAR 35:020. Fees.
Board of Emergency Medical Services
202 KAR 7:030E. Fees. ("E" expires 8/18/2001)
202 KAR 7:050E. Requirements for examination, certification and recertification of the emergency medical technician-basic. ("E" expires 8/18/2001)
202 KAR 7:060E. Emergency medical technician-basic course requirements. ("E" expires 8/18/2001)
202 KAR 7:070E. Emergency medical technician-basic instructors and EMT-instructor trainers. ("E" expires 8/18/2001)
202 KAR 7:080E. Emergency medical technician-basic authorized procedures. ("E" expires 8/18/2001)
202 KAR 7:090E. Disciplinary actions of emergency medical technicians. ("E" expires 8/18/2001)
202 KAR 7:092E. Emergency medical technician first responder training, examination, and certification. ("E" expires 8/18/2001)
202 KAR 7:094E. Emergency medical services educational institutions and emergency medical services testing agencies. ("E" expires 8/18/2001)
202 KAR 7:100E. Rules of practice and procedure for the board, committees of the board and subcommittees of the board. ("E" expires 8/18/2001)
202 KAR 7:102E. Committees and subcommittees of the board. ("E" expires 8/18/2001)
202 KAR 7:110E. Referral of matters for criminal prosecution. ("E" expires 8/18/2001)
202 KAR 7:120E. Mental or physical examination of licensee or applicant, suspension or denial of application until person submits to examination. ("E" expires 8/18/2001)
202 KAR 7:130E. Procedure for immediate temporary suspension of license or certification against which disciplinary action or investigation is pending. ("E" expires 8/18/2001)
202 KAR 7:140E. Investigation and disposition of complaints. ("E" expires 8/18/2001)
202 KAR 7:150E. Procedures for disciplinary hearings pursuant to KRS 311.652 to 311.658. ("E" expires 8/18/2001)
202 KAR 7:160E. Offenses. ("E" expires 8/18/2001)
202 KAR 7:405E. Requirements to become a paramedic student. ("E" expires 8/18/2001)
202 KAR 7:407E. Paramedic training requirements. ("E" expires 8/18/2001)
202 KAR 7:409E. Educational institution. ("E" expires 8/18/2001)
202 KAR 7:413E. Continuing education. ("E" expires 8/18/2001)
202 KAR 7:426E. The paramedic license. ("E" expires 8/18/2001)
202 KAR 7:433E. Out-of-state paramedic not licensed in Kentucky. ("E" expires 8/18/2001)
202 KAR 7:435E. Supervision of out-of-state paramedic student. ("E" expires 8/18/2001)
202 KAR 7:436E. Procedure for licensing paramedic who is licensed or certified in another state or territory under the jurisdiction of the United States or who is nationally registered. ("E" expires 8/18/2001)
202 KAR 7:461E. Scope of practice matters. ("E" expires 8/18/2001)
202 KAR 7:465E. Medical director for an advanced life support ambulance service or other organization providing advanced life support. ("E" expires 8/18/2001)
202 KAR 7:491E. Establishes a fee schedule. ("E" expires 8/18/2001)
202 KAR 7:493E. Discontinuance of resuscitation by a paramedic. ("E" expires 8/18/2001)
202 KAR 7:495E. Determination of death by a paramedic. ("E" expires 8/18/2001)
202 KAR 7:497E. Training of paramedics in determination of death and preservation of evidence. ("E" expires 8/18/2001)
202 KAR 7:520E. Allocation of funding assistance for purchase of ambulances and equipment for emergency medical services. ("E" expires 8/18/2001)
202 KAR 7:570E. License procedures and fee schedule for ambulance providers. ("E" expires 8/18/2001)
202 KAR 7:580E. Class I ground ambulance providers. ("E" expires 8/18/2001)
202 KAR 7:582E. Class II ground ambulance providers. ("E" expires 8/18/2001)
202 KAR 7:584E. Class III ground ambulance providers. ("E" expires 8/18/2001)
202 KAR 7:590E. Air ambulance service providers. ("E" expires 8/18/2001)
202 KAR 7:595E. Advanced life support (ALS) medical first response providers. ("E" expires 8/18/2001)
Tourism Development Cabinet, Department of Fish and Wildlife Resources, Game
301 KAR 2:111E. Deer and turkey hunting on federal areas. ("E" expires 4/21/01)
301 KAR 2:132E. Elk depredation permits and quota hunts. ("E" expires 8/18/2001)
301 KAR 2:178E. Deer hunting on wildlife management areas. ("E" expires 4/21/01)
301 KAR 2:221E. Waterfowl seasons and limits. ("E" expires 5/21/01)
301 KAR 2:222E. Waterfowl hunting requirements. ("E" expires 5/21/01)
301 KAR 2:226E. Youth waterfowl hunting season. ("E" expires 4/21/01)
Hunting and Fishing
301 KAR 3:100E. Special commission permits. ("E" expires 4/21/01)
Justice Cabinet, Office of the Medical Examiner
500 KAR 12:010. Duplicate records request fee schedule.
Education, Arts, And Humanities Cabinet, Kentucky Board of Education, Department of Education, Office of Learning Programs Development, Learning Support Services
704 KAR 7:130. Minority teacher recruitment.
Workforce Development Cabinet, Department for Employment Services, Unemployment Insurance
787 KAR 1:230E. Due dates. ("E" expires 8/18/2001)
Labor Cabinet, Occupational Safety and Health
803 KAR 2:500E. Maritime employment ("E" expires 7/21/01)
Department of Alcoholic Beverage Control, Licensing
804 KAR 4:360E. Restaurant drink licenses for fifth and sixth class cities. ("E" expires 8/18/2001)
Department of Insurance, Health Insurance Contracts
806 KAR 17:150E. Health benefit plan rate filing requirements. ("E" expires 7/21/01)
806 KAR 17:310E. Prompt payment of claims reporting requirements. ("E" expires 7/21/01)
806 KAR 17:320E. Kentucky Access requirements. ("E" expires 7/21/01)
806 KAR 17:330E. Kentucky Access health benefit plans. ("E" expires 7/21/01)
806 KAR 17:350E. Guaranteed Acceptance Program (GAP) reporting requirements. ("E" expires 7/21/01)
Captive Insurers
806 KAR 49:020. Captive insurer application requirements.
806 KAR 49:030. Captive insurer reporting requirements.
806 KAR 49:040. Captive insurer parents and affiliates.
Cabinet For Health Services, Department for Public Health, Health Services and Facilities
902 KAR 20:008E. License procedures and fee schedule. ("E" expires 7/21/01)
902 KAR 20:066E. Operation and services; adult day health care programs. ("E" expires 4/21/01)
902 KAR 20:370E. Operations and services; private duty nursing agencies. ("E" expires 8/18/2001)
Department for Medicaid Services, Services
907 KAR 1:013E. Payments for hospital inpatient services. ("E" expires 8/18/2001)
907 KAR 1:021E. Amounts payable for drugs. ("E" expires 7/21/01)
907 KAR 1:044E. Mental health center services. ("E" expires 6/21/01)
907 KAR 1:155E. Payments for supports for community living services for an individual with mental retardation or a developmental disability. ("E" expires 7/21/01)
907 KAR 1:160E. Home and community based waiver services. ("E" expires 7/21/01)
907 KAR 1:320E. Kentucky Patient Access and Care System (KenPAC). ("E" expires 7/21/01)
Payment and Services
907 KAR 3:005E. Physicians' services. ("E" expires 6/21/01)
Cabinet For Families And Children, Department for Community Based Services, Family Support, K-TAP, Kentucky Works, Welfare to Work, State Supplementation
921 KAR 2:015E. Supplemental programs for persons who are aged, blind, or have a disability. ("E" expires 7/21/01)
OTHER BUSINESS
Chairman Arnold introduced and welcomed Karen Smith. Ms. Smith graduated from the University of Kentucky College of Law and worked with the Department of Public Advocacy for four years prior to joining the Subcommittee staff.
The Subcommittee adjourned at 11:15 a.m. until May 8, 2001, at 10 a.m. in Room 149 of the Capitol Annex.