The August meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, August 7, 2001, at 10:00 AM, in Room 131 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 and Richard Roeding; Representatives Woody Allen, James Bruce, and Jimmie Lee.
Guests: Larry Carrico, Karen C. Jones, David Mawn, Kentucky Agency for Substance Abuse Policy; Jo Carole Ellis, Diana Barber, Linda Renschler, Kentucky Higher Education Assistance Authority; Nancy D. Newberry, Governor's Office of Early Childhood Development; Dennis L. Taulbee, Barbara Cook, Council on Postsecondary Education; Larry Barker, Charles R. Flynn, Major Ron Turner, Department of Military Affairs; Dr. John Breiwa, Connie Calvert, Board of Optometric Examiners; Mark Brengelman, Office of the Attorney General; Nancy Black, Division of Occupations and Professions; George Purvis, Board of Speech-Language Pathology and Audiology; Nathan Goldman, Board of Nursing; Becky Klosch Hughes, Board of Physical Therapy; John C. Philley, Board of Registration for Professional Geologists; John P. Sohan, Board of Marriage and Family Therapists; Mark Bailey, Brian Bishop, Patricia Bausch, Board of Emergency Medical Services; Karen Quinn, Keith Hardison, Justice Cabinet; Brenda Priestley, Brian Logan, Jack Damron, Department of Corrections; Patricia Carter, Ken Schwendeman, Steve Lynn, Department of Criminal Justice Training; Allison C. Weber, Janet Banta, Education Professional Standards Board; Sherry R. Deatrick, Reecie Stagnolia, B. J. Helton, Workforce Development Cabinet; Char Hummel, Janie Miller, Frederick Nelson, Mark McGuire, Department of Insurance; Dennis J. Langford, Kenneth L. Meredith, Janet Hall, Terry M. Slade, Department of Housing Buildings and Construction; Jesse Williams, Frances McGraw, Jay Douds, Carol Jordan, Duane Dringenburg, Alex Reese, Ruthanne Boyles, Cabinet for Health Services; Rosanne Barkley, Karen Doyle, Shirley Eldridge, Joyce Lea, Cabinet for Families and Children; John Blumenstock, Louisville Medical Center; Robert B. Milam, Society of Dispensing Opticians of Kentucky; Ronald J. Dill, Code Administrators Association of Kentucky; Ira Dyer, Kentucky Ambulance Provider Association; Rockey Johnson, Michael Riordan, Jefferson County EMS; Michael Hettich, Col. John Aubret, Jefferson County Sheriff's Office; Nancy Galvagni, Dr. Daniel Varga, Terese Campbell, Kentucky Hospital Association; Ruth Henthorn, St. Elizabeth Medical Center; Thor Morrison, Peace Officer Professional Standards; Bart Baldwin, Children's Alliance; Richard Greenberg, University of Kentucky; Ruth Lerner, HIV/AIDS Legal Project; Debi Brooks-Thacker, Louisville Fire and Rescue.; Guy Hardin, Take Back Kentucky.
LRC Staff: Dave Nicholas, Donna Little, Karen Smith, Susan Wunderlich, Donna Valencia, Ellen Steinberg, and Representative Bob Damron.
The Subcommittee determined that the following administrative regulations, as amended by the promulgating agency and the Subcommittee, complied with statutory requirements:
Kentucky Higher Education Assistance Authority: Early Childhood Scholarship Program
11 KAR 16:010. Early Childhood Development Scholarship Program applicant selection process. Linda Renschler, Assistant General Counsel, and Jo Carole Ellis, Program Advisor, represented the Authority.
This administrative regulation was amended as follows: Sections 1, 4, and 5 were amended to comply with the drafting requirements of KRS Chapter 13A.
Council On Postsecondary Education: Public Educational Institutions
13 KAR 2:090. Kentucky Educational Excellence Scholarship (KEES) Program. Dennis Taulbee, General Counsel, and Barbara Cook, Council Staff, represented the Council.
In response to a question by Senator Roeding, Mr. Taulbee stated that this administrative regulation permitted credits earned outside of Kentucky by a student while a foreign exchange student or a United States Congressional Page, to be included in a student’s grade point average calculation. Credits earned while an intern in the Kentucky General Assembly were already included in the student’s GPA calculation because the credits were earned in-state.
This administrative regulation was amended as follows: (1) Section 2 was amended to specify that a high school student’s grade point average shall be reported in accordance with KRS 164.7879(2)(b); and (2) Section 3 was amended to delete provisions that repeated or summarized KRS 164.7879.
Department Of Military Affairs: Military Burial Honors Program
106 KAR 4:010. Commonwealth of Kentucky Military Burial Honors Trust Fund and State Military Funeral Honors Program (SMFHP). Larry Barker, Executive Director, Major Ron Turner, Program Coordinator, and Rick Flynn represented the Department.
In response to questions by Senator Roeding, Major Turner stated that this administrative regulation permitted any veteran, including a member of the Kentucky National Guard, to benefit from the burial honor guard program. To activate the program, funeral directors have been trained to contact the casualty assistance command at Fort Knox or Fort Campbell.
In response to questions by Chairman Arnold, Major Turner stated that Veterans of Foreign War (VFW) units were local organizations. A VFW post could sell liquor if it was appropriately licensed and located in a wet county.
This administrative regulation was amended as follows: (1) the TITLE, the NECESSITY, FUNCTION, AND CONFORMITY paragraph, and Sections 1 through 3 were amended to: (a) use the statutory term “burial honor guard” consistently, rather than “funeral honors”; and (b) comply with the drafting and format requirements of KRS Chapter 13A; (2) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (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).
Board of Optometric Examiners
201 KAR 5:037. Advertising. Dr. John Breiwa, Board member, represented the Board.
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 and 2 were amended to comply with the drafting requirements of KRS Chapter 13A.
Board of Speech-Language Pathology and Audiology
201 KAR 17:027. Supervision requirements for a speech-language pathology assistant. Nancy Black, Director, George Purvis, Chair, and Mark Brengelman, Assistant Attorney General, represented the Board.
This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY 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; and (3) the TITLE and Sections 3, 7, and 9 were amended to comply with the formatting and drafting requirements of KRS Chapter 13A.
Board of Nursing
201 KAR 20:230. Renewal of licenses. Nathan Goldman, General Counsel, represented the Board.
This administrative regulation was amended as follows: Section 1 was amended to cross-reference an applicable administrative regulation.
Board of Physical Therapy
201 KAR 22:053. Code of ethical standards and standards of practice for physical therapists and physical therapists' assistants. Becky Klusch Hughes, Executive Director, and Mark Brengelman, Board Counsel, represented the Board.
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 6 were amended to comply with the formatting and drafting requirements of KRS Chapter 13A.
Board of Registration for Professional Geologists
201 KAR 31:010. Fees. John Philley, Chairman, Nancy Black, Director, and Mark Brengelman, Board Counsel, represented the Board.
Representative Bruce stated that he supported the reasonable fee increases established in this administrative regulation because the fees were not increased 100%.
In response to a question by Senator Roeding, Ms. Black stated that this administrative regulation decreased the examination fee to correspond with the national examination fee reduction.
This administrative regulation was amended as follows: the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation.
201 KAR 31:050. Renewals. This administrative regulation was amended as follows: (1) Sections 5 and 4 were amended to comply with the drafting requirements of KRS Chapter 13A; and (2) a new Section 5 was created to incorporate by reference the required material.
Board of Licensure of Marriage and Family Therapists
201 KAR 32:030. Fees. Nancy Black, Director, John Sohan, Chairman, and Mark Brengelman, Board Counsel, represented the Board.
In response to a question by Senator Roeding, Ms. Black stated that because a licensee could only remain on inactive status for five years, the maximum renewal fee to reinstate a license was $500.
In response to a question by Representative Allen, Ms. Black stated that this administrative regulation increased the renewal fee $27.00 per year.
This administrative regulation was amended as follows: Sections 3 and 7 were amended to comply with the drafting requirements of KRS Chapter 13A.
201 KAR 32:070. Complaint procedure. This administrative regulation was amended as follows: Sections 1 and 4 were amended to comply with the formatting and drafting requirements of KRS Chapter 13A.
Board of Emergency Medical Services
202 KAR 7:030 & E. Fees. Patricia Bausch, General Counsel, Mark Bailey, Chairman, and Brian Bishop, Executive Director, represented the Board.
In response to a question by Senator Roeding, Ms. Bausch stated that the fees in this administrative regulation were the same as they were under the previous administrative regulation promulgated by the Cabinet for Health Services.
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.
202 KAR 7:050 & E. Requirements for examination, certification and recertification of the emergency medical technician-basic. 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 7 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
202 KAR 7:060 & E. Emergency medical technician-basic course requirements. 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 and format requirements of KRS Chapter 13A.
202 KAR 7:070 & E. Emergency medical technician-basic instructors and EMT-B instructor trainers. 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) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 9 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
202 KAR 7:080 & E. Emergency medical technician-basic authorized procedures. 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) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
202 KAR 7:090 & E. Disciplinary actions of emergency medical technicians. 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 1, 2,4, 5, 6, 8, 10, and 11 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
202 KAR 7:092 & E. Emergency medical technician first responder training, examination, and certification. 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) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 11 and 13 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
202 KAR 7:094 & E. Emergency medical services educational institutions and emergency medical services testing agencies. 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) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 6 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
202 KAR 7:100 & E. Rules of practice and procedure for the board, committees of the board and subcommittees of the board. 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) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 7 and 9 through 16 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
202 KAR 7:102 & E. Committees and subcommittees of the board. 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) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to comply with KRS 13A.220(3)(f).
202 KAR 7:110 & E. Referral of matters for criminal prosecution. 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) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 1 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
202 KAR 7:140 & E. Investigation and disposition of complaints. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 4 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
202 KAR 7:150 & E. Procedures for disciplinary hearings. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 6 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
202 KAR 7:160 & E. Offenses. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY 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 and format requirements of KRS Chapter 13A.
202 KAR 7:405 & E. Requirements to become a paramedic student. This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 2 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (2) a new Section 3 was created to incorporate by reference the required application.
202 KAR 7:407 & E. Paramedic training requirements. This administrative regulation was amended as follows: (1) the RELATES TO paragraph and Section 1 were amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (3) a new Section 4 was created to incorporate by reference the required curriculum.
202 KAR 7:409 & E. Educational institution. This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 6 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (2) Section 6 was amended to correct statutory citations.
202 KAR 7:413 & E. Continuing education. This administrative regulation was amended as follows: the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to comply with the drafting requirements of KRS Chapter 13A.
202 KAR 7:426 & E. The paramedic license. This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1-8 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (2) Section 4 was amended to clarify the required amount of continuing education for license reactivation.
202 KAR 7:433 & E. Out-of-state paramedic not licensed in Kentucky. 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 Section 1 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
202 KAR 7:435 & E. Supervision of out-of-state paramedic student. 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.
202 KAR 7:436 & E. Procedure for licensing a paramedic licensed or certified in another state or territory under the jurisdiction of the United States or who is nationally registered. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (2) the TITLE, the NECESSITY, FUNCTION, AND CONFORMITY paragraph, and Sections 1 and 2 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
202 KAR 7:461 & E. Scope of practice matters. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 3, 6, 7, and 8 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (3) Section 1, 2, 4, and 5 were deleted because those provisions conflicted with statutory provisions.
202 KAR 7:465 & E. Medical director for an advanced life support ambulance service or other organization providing advanced life support. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to comply with KRS 13A.220(3)(f); (3) Section 1 was amended to clearly establish the requirements of a medical director; and (4) the TITLE and Sections 1 through 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
202 KAR 7:491 & E. Establishes a fee schedule. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to comply with KRS 13A.220(3)(f); and (3) Section 1 was amended to replace “certification” with “licensure.”
202 KAR 7:493 & E. Discontinuance of resuscitation by a paramedic. 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 and Sections 1, 2, 5, 6, and 7 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (3) Sections 3, 4, and 8 were deleted because those provisions conflicted with statutory provisions.
202 KAR 7:495 & E. Determination of death by a paramedic. This administrative regulation was amended as follows: (1) the RELATES TO paragraph and Section 3 were amended to correct statutory citations; and (2) Sections 1, 3, 5, and 6 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
202 KAR 7:497 & E. Training of paramedics in determination of death and preservation of evidence. This administrative regulation was amended as follows: (1) the RELATES TO paragraph and Section 1 were amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2 and 5 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (3) Section 7 was amended to clarify the training deadline for relicensure.
202 KAR 7:520 & E. Allocation of funding assistance for purchase of ambulances and equipment for emergency medical services. This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 3 through 9 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (2) Sections 1 and 3 were amended to correct citations.
202 KAR 7:570 & E. License procedures and fee schedule for ambulance providers. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph and Section 2 and 3 were amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 6 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (3) Sections 2 through 4 were amended to replace “licensing agency” with “Board”.
202 KAR 7:582 & E. Class II ground ambulance providers. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 8 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (3) Section 6 was amended to clearly establish the medical director requirements.
202 KAR 7:584 & E. Class III ground ambulance providers. This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 7 and 9 through 11 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (2) Section 9 was amended to clearly establish the medical director requirements.
202 KAR 7:590 & E. Air ambulance service providers. This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 11 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (2) Section 6 was amended to clearly establish the medical director requirements.
202 KAR 7:595 & E. Advanced life support (ALS) medical first response providers. This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 11 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (2) Section 8 was amended to clearly establish the medical director requirements.
Justice Cabinet: Kentucky Parole Board
501 KAR 1:030. Determining parole eligibility. Karen Quinn, Deputy General Counsel, and Keith Hardison, Executive Director, represented the Board.
This administrative regulation was amended as follows: (1) the RELATES TO paragraph and Sections 1 and 2 were amended to correct statutory citations; (2) Section 2 was amended to establish that any inmate who was within sixty days of being released was ineligible for parole; and (3) Sections 1 through 6 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
501 KAR 1:040. Conducting parole revocation hearings. This administrative regulation was amended as follows: Sections 1 through 8 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Department of Corrections: Office of the Secretary
501 KAR 6:060. Northpoint Training Center. Jack Damron, counsel, represented the Department.
In response to a question by Senator Roeding, Mr. Damron stated that if probable cause for a strip search existed, the jail would detain the visitor and contact the state police. If reasonable suspicion existed, pursuant to case law, the jail would request the visitor to submit to a strip search. The visitor could consent to the search or leave the premises.
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) NTC 09-06-01 was amended to: (a) update the permission slip form; and (b) correct a typographical error.
Department of Criminal Justice Training: Kentucky Law Enforcement Council
503 KAR 1:140. Peace officer professional standards. Steve Lynn, Assistant General Counsel, Ken Schwendeman, Director, and Thor Morrison, Executive Staff Advisor, represented the Department.
In response to questions by Representative Bruce, Mr. Lynn stated that pursuant to statute, the peace officer professional standards did not apply to volunteers in a sheriff’s department, but applied to state police officers, city, county, and urban-county police officers, non-volunteer sheriffs and deputy sheriffs, and university and airport security officers.
In response to questions by Senator Roeding, Mr. Lynn stated that if a retired peace officer returned to his job, and that officer had never attended basic training because the officer had been grandfathered in for the purposes of certification, this administrative regulation did not require the officer to attend basic training. Additionally, if an officer who had completed basic training returned to his job within one year, the officer was not required to repeat basic training.
This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to correct a statutory citation; and (2) Sections 5(1) and 13(1)(n) were amended to correct the name of a form incorporated by reference
General Training Provision
503 KAR 3:050. Telecommunications Academy: graduation requirements; records. This administrative regulation was amended as follows: Section 3 was amended to comply with the drafting and format requirements of KRS Chapter 13A.
Education Professional Standards Board
704 KAR 20:060. Certificate renewals and successful teaching experience. Allison Weber, General Counsel, and Janet Banta, Director, represented the Board.
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, as required by KRS 13A.220(3)(f); and (2) Sections 1 and 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
704 KAR 20:760. Local educator assignment data. This administrative regulation was amended as follows: (1) Section 1 was amended to cross-reference the applicable statute; and (2) Sections 4, 6, and 7 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Workforce Development Cabinet: Department for Adult Education and Literacy: Adult Education and Literacy
785 KAR 1:120. GED Incentives Program. Sherry Deatrick, General Counsel, and B.J. Helton, Principal Assistant, represented the Department.
In response to a question by Senator Roeding, Ms. Helton stated that the final report form clearly specified the information that was required in the report for an employer and an employee to receive tax and tuition credits.
This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to correct a statutory citation; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 4 were amended for clarity and to comply with the drafting requirements of KRS Chapter 13A; and (3) two program forms were amended to: (a) require the recordation of the number of hours worked in the program; and (b) supply information for employers to apply for tax credit.
Department for Housing, Buildings and Construction: Kentucky Building Code
815 KAR 7:125. Kentucky Residential Code/2002. Dennis Langford, Commissioner, Janet Hall, General Counsel, and Jack Rhody, Director, represented the Department.
This administrative regulation was amended as follows: Sections 1, 2, and 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Cabinet For Health Services: Department for Public Health: Division of Adult and Child Health: Maternal and Child Health
902 KAR 4:040. Special Supplemental Nutrition Program for Women, Infants and Children (WIC). Ruthanne Boyles, Supervisor, and Fran Hawkins, Director, represented the Cabinet.
This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to correct statutory citations; and (2) Sections 1, 2, 3, 6, 7, 8, 9, 10, 12, 13, 14, and 15 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Department for Medicaid Services: Payment and Services
907 KAR 3:160 (& E). Specialized children's services clinic. Jay Douds and Carol Jordan, Executive Director, represented the Department.
This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2, 3, and 4 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (2) Section 1 was amended to correct a statutory citation.
The Subcommittee determined that the following administrative regulations complied with statutory authority:
Governor's Office: Kentucky Agency for Substance Abuse Policy
10 KAR 7:010E. Kentucky Agency for Substance Abuse Policy (KY-ASAP) Program and start-up funding. Larry Carrico, Executive Director, represented the Office.
In response to questions by Senator Roeding, Mr. Carrico stated that this administrative regulation created an application process for local communities to request start-up funding from the Kentucky Agency for Substance Abuse Policy Program. Even though this was an emergency administrative regulation, the Agency received public input on it contents. After sending out 500 draft copies of the proposal, and following the receipt of the public comments, the Agency revised the emergency administrative regulation based on the returned responses. This emergency administrative regulation would have a minimal to nonexistent fiscal impact on local governments because its provisions built on already existing infrastructures. To inform local entities about the application process and to invite them to apply, the Agency mailed out 2,100 letters to potential applicants. To ensure that local communities knew about KY-ASAP, the Agency would be going into every county statewide.
In response to questions by Senator Roeding and Representative Bruce, Subcommittee staff stated that while an emergency regulation could not be amended, the Subcommittee could request that the Governor withdraw his finding of emergency.
Mr. Carrico stated that the Agency had promulgated an emergency administrative regulation so the Agency could begin to disperse funds to local communities as soon as possible.
Board of Speech-Language Pathology and Audiology
201 KAR 17:090. Continuing education requirements. Nancy Black, Director, George Purvis, Chair, and Mark Brengelman, Assistant Attorney General, represented the Board.
Board of Nursing
201 KAR 20:215. Contact hours, recordkeeping and reporting requirements for renewal of licensure. Nathan Goldman, General Counsel, represented the Board.
201 KAR 20:220. Nursing continuing education provider approval.
201 KAR 20:450. Alternative program.
Justice Cabinet: Department of Criminal Justice Training: Law Enforcement Foundation Program Fund
503 KAR 5:090. Participation: requirements; application; withdrawal. Steve Lynn, Assistant General Counsel, Ken Schwendeman, Director, and Thor Morrison, Executive Staff Advisor, represented the Department.
Education Professional Standards Board
704 KAR 20:750. Teachers' National Certification Incentive Trust Fund. Allison Weber, General Counsel, and Janet Banta, Director, represented the Board.
Department of Insurance: Health Insurance Contracts
806 KAR 17:150. Health benefit plan rate filing requirements. Janie Miller, Commissioner, Fred Nelson, Director, and Char Hummel, Counsel, represented the Department.
806 KAR 17:320. Kentucky Access requirements. Ruth Lerner, Staff Attorney for the HIV/AIDS Legal Project in Louisville, Kentucky, and member of the HIV/AIDS Advisory Council, and Dr. Richard Greenberg, University of Kentucky, appeared in opposition to this administrative regulation.
In response to questions by Senator Lee, Commissioner Miller stated that there were currently 492 people eligible for Kentucky Access. To notify all potential participants, the Department developed an extensive marketing campaign that included radio and newspaper advertising, a web site, a toll-free number, and utilizing local insurance agents as liaisons for the program. Additionally, to ensure that sufficient funding was available for the program, the Department was carefully monitoring the number of applicants so that the Department could request more funding if needed rather than limiting the amount of applications by reducing program publicity.
Ms. Lerner stated that she opposed this administrative regulation because it denied coverage to an individual if a third party paid the individual’s premiums. Because there were significant charitable and federal funds available that individuals with HIV or AIDS could use to pay the premiums, that provision prevented many of those individuals from participating in this program.
Dr. Greenberg stated that he opposed this administrative regulation because it denied coverage to individuals with HIV or AIDS if a third party, such as the Ryan White organization, paid the individual’s premiums. Allowing those individuals to participate in this program would ultimately save money because it would enable them to receive less expensive ongoing care in clinics rather than having to wait for more expensive hospital care once their conditions worsened.
In response, Commissioner Miller stated that this program by statute was not funded or designed for that purpose. The legislature funded and designed the program as a risk pool insurance program and not as a social program to subsidize health care expenses for special needs populations.
806 KAR 17:330. Kentucky Access health benefit plans.
806 KAR 17:350. Guaranteed Acceptance Program (GAP) reporting requirements.
Cabinet for Health Services: Department for Medicaid Services: Services
907 KAR 1:640E. Income standards for Medicaid. Duane Dringenburg, Director, Frances McGraw, and Jesse Williams represented the Department.
In response to questions by Senator Roeding, Mr. Dringenburg stated that the Balanced Budget Act of 1997 mandated changes to the income standards for Medicaid eligibility. These changes made it easier for some veterans to access health care coverage at Veterans Administration nursing facilities. These changes would have a negligible fiscal impact and would only extend coverage to a small number of veterans.
907 KAR 1:645E. Resource standards for Medicaid.
907 KAR 1:655E. Spousal impoverishment and nursing facility requirements for Medicaid.
907 KAR 1:665E. Special income requirements for hospice and home and community based services (HCBS).
Cabinet For Families And Children: Department for Community Based Services: K-TAP, Kentucky Works, Welfare to Work, State Supplementation
921 KAR 2:016. Standards for need and amount for the Kentucky Transitional Assistance Program (K-TAP). Karen Doyle, Rosanne Barkley, and JoAnn Slade represented the Department.
The Subcommittee and the promulgating administrative agencies agreed to defer consideration of the following administrative regulations to the next meeting of the Subcommittee:
Governor's Office: Kentucky Aquaculture Production System Grant Program
10 KAR 4:020E. Disbursement of monies from the Kentucky Aquaculture Production System (KAPS) Grant Program for the construction of commercial aquaculture ponds.
Early Childhood Development Authority
10 KAR 6:010E. Duties of the Early Childhood Development Authority.
Board of Speech-Language Pathology and Audiology
201 KAR 17:030. License fees and requirements for inactive status. Nancy Black, Director, George Purvis, Chair, and Mark Brengelman, Assistant Attorney General, represented the Board.
In response to questions by Senator Roeding, Ms. Black stated that this administrative regulation increased the fees for the first time since 1972. The increases were necessary to continue to regulate this profession because administrative costs had risen. The Board was receiving more complaints from the public which required more investigations. The Board did not receive negative comments about the fee increases from the licensees.
In response to questions by Representative Allen, Ms. Black stated that because the statute required the Board to regulate this profession, the Board needed the fee increases to comply with statute.
In response to questions by Representative Bruce, Ms. Black stated that a 50% fee increase, rather than a 100% increase, would not be sufficient based on the Board’s fiscal projections but the Board would agree to defer consideration of this administrative regulation at the Subcommittee’s request and would present statistical evidence to the Subcommittee that would justify the requested fee increases.
Without objection, this administrative regulation was deferred.
Board of Nursing
201 KAR 20:070E. Licensure by examination.
201 KAR 20:110E. Licensure by endorsement.
Board of Licensure and Certification for Dietitians and Nutritionists
201 KAR 33:015. Application; approved programs.
201 KAR 33:050. Complaint procedure.
201 KAR 33:060. Supervision requirements.
Commercial Mobile Radio Service Emergency Telecommunications Board
202 KAR 6:070E. PSAP Workload Fund disbursement.
Board of Emergency Medical Services
202 KAR 7:130 & E. Procedure for immediate temporary suspension of license or certification against which disciplinary actin or investigation is pending. Patricia Bausch, General Counsel, Mark Bailey, Chairman, and Brian Bishop, Executive Director, represented the Board.
202 KAR 7:580 & E. Class I ground ambulance providers. Nancy Galvagni, Kentucky Hospital Association, appeared in opposition to this administrative regulation.
In response to a question by Senator Roeding, Ms. Bausch stated that the Board did not want to either prohibit or mandate hospital diversion plans for ambulance services. The Board wanted the decision regarding diversion plans to be made locally.
Ms. Galvagni stated that she agreed that the decision to create a diversion plan should be made locally. However, once the local government, hospitals, doctors, and ambulance services created a diversion plan, this administrative regulation should require the local ambulance services to follow the plan. If not, the diversion plan would not be effective. Because this administrative regulation made it discretionary rather than mandatory for the local ambulance services to follow the diversion plan, this administrative regulation should not be approved as drafted.
Senator Long made a motion to defer consideration of this administrative regulation to provide the Board an opportunity to resolve this issue with the Kentucky Hospital Association. Ms. Bausch stated that while the Board wanted to resolve this issue, the Board was concerned about a deferral because the emergency administrative regulation would expire during the deferral time period.
In response to questions by Senator Long, Ms. Bausch stated that while there had been time to discuss this issue with the Kentucky Hospital Association, due to miscommunication, this issue was not resolved prior to the Subcommittee meeting. Ms. Galvagni stated that the miscommunication was the fault of the Board because the Board failed to provide adequate notice of their meetings.
In response to questions by Representative Lee, Mr. Bailey stated that the diversion plan issue was mainly a Jefferson County problem and that the Board had very little representation on their diversion plan committee. Ms. Bausch stated that because the Kentucky Hospital Association had only tendered a proposed amendment to this administrative regulation the previous afternoon, the Board had not had time to discuss it with that committee. She further stated that the Board would agree to a deferral in order to reach a compromise with the Jefferson County diversion plan committee and the Kentucky Hospital Association.
Without objection, this administrative regulation was deferred.
Justice Cabinet: Department of Criminal Justice Training: Kentucky Law Enforcement Council
503 KAR 1:150E. Department of Criminal Justice Training - Kentucky Police Corps basic training: graduation requirements; records.
General Training Provision
503 KAR 3:060E. Department of Criminal Justice Training - Kentucky Police Corps basic training course cadet conduct requirements; procedures and penalties.
Education, Arts, And Humanities Cabinet: Kentucky Board of Education: Department of Education: Office of Learning Programs Development: Office of Instruction
704 KAR 3:500E. Professional Development Leadership and Mentor Fund.
Labor Cabinet: Department of Workplace Standards: Division of Occupational Safety and Health Compliance: Occupational Safety and Health
803 KAR 2:320E. Air contaminants.
Cabinet For Health Services: Department for Public Health: Health Services and Facilities
902 KAR 20:370 (& E). Operations and services; private duty nursing agencies. Alex Reese represented the Cabinet. Representative Bob Damron appeared in opposition to this administrative regulation.
In response to questions from Chairman Arnold, Mr. Reese stated that the fees in this administrative regulation were new because this administrative regulation regulated a new level of care that was not previously licensed. The fees were not imposed on individual or private duty nurses but were imposed on the health facility or service that employed the nurses.
Representative Damron stated that he was opposed to this administrative regulation because it required a doctor’s plan of care for any patient that was served by a private duty nursing agency. In response, Mr. Reese stated that the plan of care was only needed if a doctor prescribed health care services for the patient that required a doctor’s prescription before the services could be implemented.
In response to a question by Representative Bruce, Mr. Reese stated that the Cabinet would agree to defer consideration of this administrative regulation.
Without objection, this administrative regulation was deferred.
Cabinet For Families And Children: Department for Community Based Services: Child Support
921 KAR 1:380. Child Support Program application and interstate process.
Food Stamp Program
921 KAR 3:025E. Technical requirements.
The Subcommittee adjourned at 12:30 p.m. until September 11, 2001, at 10 a.m. in Room 149 of the Capitol Annex.