The January meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, January 8, 2002, 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, Joey Pendleton, and Richard Roeding; Representatives Woody Allen, James Bruce, and Jimmie Lee.
Guests: David Lawhorn, Denise Reid, Kentucky Higher Education Assistance Authority; Richard Ornstein, Barbara Buechler, Department for Local Government; Michael A. Mone, Board of Pharmacy; Bill Schmidt, Lloyd Vest, Board of Medical Licensure; Robert Illback, Board of Psychology; Becky Klusch Hughes, Board of Physical Therapy; Danna Droz, Board of Podiatry; James J. Grawe, Mark Brengelman, Attorney General's Office; Nancy L. Black, Division of Occupations and Professions; Sam Blackburn, Larry Disney, Real Estate Appraisers Board; Ann Stewart, Mark Farrow, Dr. Don Notter, Department of Agriculture; Mary Ellen Wiederwohl, Education Professional Standards Board; Julie McPeak, Charlotte Hummel, Janie Miller, Department of Insurance; Riche Leach, James Carreer, Colleen Ryall, Debbie Salleng, Tricia Salyer, Cabinet for Health Services; Elizabeth Caywood, Shirley Eldridge, Karen C. Doyle, Cabinet for Families and Children.
LRC Staff: Dave Nicholas, Karen Smith, Sarah Amburgey, Donna Little, Edna Lowery, Susan Wunderlich, Donna Kemper, and Ellen Steinberg.
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: Kentucky Educational Savings Plan Trust
11 KAR 12:010. Definitions for 11 KAR Chapter 12. David Lawhorn, Program Advisor, and Denise Reid, Assistant General Counsel, represented the Authority.
This administrative regulation was amended as follows: Section 1 was amended to correct: (1) a statutory citation; and (2) two typographical errors.
11 KAR 12:040. Residency classification for Kentucky Educational Savings Plan Trust vested participation agreements. This administrative regulation was amended as follows: Sections 1 and 3 were amended to correct typographical errors.
11 KAR 12:050. Substitution of a beneficiary. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (2) Section 1 was amended to comply with the drafting requirements of KRS Chapter 13A.
Department For Local Government: Training Incentives
109 KAR 2:020. Training incentive. Richard Ornstein, Counsel, represented the Department.
In response to questions by Senator Roeding, Mr. Ornstein stated that by statute, certain county officials who completed forty hours of job-related training were entitled to a $100 incentive payment, as adjusted by the Consumer Price Index. Officials could earn one training incentive per year until they attained the maximum of four incentives. Officials only received the cumulative incentives if they maintained forty hours of training each year. Counties were required to include funding for these incentives in their county budgets.
In response to questions by Representative Bruce, Mr. Ornstein stated that to his knowledge, no county had been forced to raise taxes to fund these training incentives.
This administrative regulation was amended as follows: Sections 2, 3, 4, 5, and 7 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Board of Pharmacy
201 KAR 2:090. Reference material and prescription equipment. Michael A. Mone, Executive 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; and (2) Sections 1 to 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
201 KAR 2:165. Transfer of prescription information. 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 to 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
201 KAR 2:250. Impaired pharmacists committee. This administrative regulation was amended as follows: (1) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 2, 3, 5, 6, 7, and 8 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (2) Section 9 regarding civil immunity was deleted as it modified statutory provisions, as required by KRS 13A.120(2)(e) and (i).
Board of Medical Licensure
201 KAR 9:016. Restrictions on use of amphetamine and amphetamine-like anorectic controlled substances. Bill Schmidt, Executive Director, and Lloyd Vest, General Counsel, represented the Board.
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); (3) Sections 1, 3, 4, and 6 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (4) Section 4(4)(g) was amended to require documentation that a physician requested a patient to sign the specified patient agreement if an agreement was not signed.
Board of Physical Therapy
201 KAR 22:020. Method of applying for licensure. Becky Klusch Hughes, Executive Director, 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; and (2) Sections 1 and 2 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
201 KAR 22:040. Procedure for renewing licenses. 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, and 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
201 KAR 22:070. Requirements for foreign-educated physical therapists. 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); (3) Section 1, 2, and 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (4) Section 3 was amended to incorporate by reference the required evaluation form.
201 KAR 22:101. Eligibility and method of applying for physical therapist's assistant certification. 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); (3) Sections 1 to 4 were amended to comply with the drafting and format requirements of KRS Chapter 13A; (4) Section 4 was amended to specify the name of the required application form; and (5) a new Section 5 was created to incorporate by reference the required application form.
201 KAR 22:110. Renewal of assistant's certification. 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); (3) Sections 1, 2, and 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (4) a new Section 4 was created to incorporate by reference the required application form.
Board of Podiatry
201 KAR 25:031. Continuing education. James Grawe, Assistant Attorney General, and Danna Droz, consumer representative, represented the Board.
This administrative regulation was amended as follows: Sections 3, 4, 5, and 6 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Board of Examiners of Psychology
201 KAR 26:115. Definition of psychological testing. Nancy Black, Division of Occupations and Professions, Robert Illback, Chairperson, and Mark Brengelman, Assistant Attorney General, 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 to 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
201 KAR 26:121. Scope of practice and dual credentialing. This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to correct statutory citations; and (2) Sections 1 to 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
201 KAR 26:125 & E. Health service provider designation. This administrative regulation was amended as follows: Section 2 was amended to comply with the drafting requirements of KRS Chapter 13A.
201 KAR 26:130 & E. Complaint procedure. This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 3, 5, and 6 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (2) Section 6 was amended to correct a statutory citation.
201 KAR 26:140. Procedures for disciplinary hearings. 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 3 to 10 were deleted to allow KRS Chapter 13B to govern the hearing process; and (3) Sections 11 and 12 were renumbered.
201 KAR 26:145 & E. Code of conduct. This administrative regulation was amended as follows: Section 1 was amended to refer to a statutory definition.
201 KAR 26:155 & E. Licensed psychologist: application procedures and temporary license. This administrative regulation was amended as follows: (1) Sections 2 and 4 were amended to comply with the drafting requirements of KRS Chapter 13A; and (2) Section 5 was amended to incorporate by reference the required material.
201 KAR 26:160 & E. Fee schedule. In response to a question by Senator Roeding, Ms. Black stated that the amendments to this administrative regulation created a licensure fee for the new licensure level of psychological practitioner and deleted national examination fees. The amendments did not double any existing fees.
This administrative regulation was amended as follows: Sections 1 and 2 were amended to: (1) comply with the drafting and format requirements of KRS Chapter 13A; and (2) specify that the examination fee shall be paid directly to the exam contractor.
201 KAR 26:171 & E. Requirements for supervision. This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to correct statutory citations; (2) Section 5 was amended to delete language that exceeded statutory authority; and (3) Section 12 was amended to comply with the drafting requirements of KRS Chapter 13A.
201 KAR 26:175. Continuing education. This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to correct statutory citations; (2) Section 2 was amended to delete superfluous language, as required by KRS 13A.222(4)(a); and (3) Section 3 was amended to change the term “license” to “credential”.
201 KAR 26:180. Requirements for granting licensure as a psychologist by reciprocity. This administrative regulation was amended as follows: Section 5 was amended to correct statutory citations.
201 KAR 26:185 & E. Requirements for granting licensure as a psychologist to an applicant licensed in another state. This administrative regulation was amended as follows: Section 1 was amended to correct statutory citations.
201 KAR 26:190 & E. Requirements for supervised professional experience. 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 and 2 were amended to comply with the drafting and formatting requirements of KRS Chapter 13A.
201 KAR 26:200. Definitions of terms used by the Board of Examiners of Psychologists for meeting educational requirements for licensure as a licensed psychologist. This administrative regulation was amended as follows: Sections 1 and 2 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
201 KAR 26:210 & E. Definitions of terms used by the Board of Examiners of Psychologists for meeting educational requirements for licensure as a licensed psychological associate. This administrative regulation was amended as follows: (1) Section 1 was amended to delete provisions that repeated or summarized statutory provisions, as required by KRS 13A.120(2); and (2) Section 2 was amended to comply with the drafting and format requirements of KRS Chapter 13A.
201 KAR 26:230 & E. Examinations. This administrative regulation was amended as follows: (1) Sections 1, 2, and 5 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (2) Sections 2 and 3 were amended to correct statutory and regulatory citations.
201 KAR 26:250 & E. Employment of a psychological associate. This administrative regulation was amended as follows: (1) the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; (2) Section 2 was amended to comply with the drafting requirements of KRS Chapter 13A; and (3) Section 7 was amended to incorporate by reference the required material.
201 KAR 26:270 & E. Change of credential status. This administrative regulation was amended as follows: Section 3 was amended to correct regulatory citations.
201 KAR 26:280 & E. Licensed psychological associate: application procedures and temporary license. This administrative regulation was amended as follows: (1) Sections 1 and 2 were amended to correct statutory citations; and (2) Sections 2 and 3 were amended to comply with the drafting requirements of KRS Chapter 13A.
201 KAR 26:290 & E. Licensed psychological practitioner: application procedures. This administrative regulation was amended as follows: Section 1 was amended to (1) reference the appropriate form; and (2) delete provisions that repeated or summarized statutory provisions, as required by KRS 13A.120(2).
201 KAR 26:300 & E. Definitions of terms used by the Board of Examiners of Psychologists for meeting educational requirements for licensure as a licensed psychological practitioner. This administrative regulation was amended as follows: (1) the TITLE was amended to correctly reflect the content of the administrative regulation; (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 and 2 were amended to delete provisions that repeated or summarized statutory provisions, as required by KRS 13A.120(2); and (4) Sections 2 to 4 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Real Estate Appraisers Board
201 KAR 30:010. Definitions for 201 KAR Chapter 30. Sam Blackburn, Executive Director, Larry Disney, Investigator Education Director, and James Grawe, Assistant Attorney General, represented the Board.
This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to add a statutory citation; and (2) Section 1 was amended to comply with the drafting and format requirements of KRS Chapter 13A.
201 KAR 30:030. Types of appraisers required in federally-related transactions; certification and licensure. This administrative regulation was amended as follows: (1) Section 2 was amended to comply with the drafting and format requirements of KRS Chapter 13A; and (2) Section 3 was amended to correct the name of the application form.
201 KAR 30:050. Examination, education, and experience requirement. This administrative regulation was amended as follows: (1) Sections 2 to 9 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (2) Section 6 was amended to clarify the scope of the board's discretion to require further information.
201 KAR 30:070. Complaints of violations. This administrative regulation was amended as follows: Sections 1, 2, and 4 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
201 KAR 30:110. Appraiser roster, transmission, fees, deletions, notification, and hearing. In response to a question by Representative Bruce, Subcommittee staff stated that the amendments to this administrative regulation reduced the Appraisal Subcommittee roster fee from $35 to $25.
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 for accuracy; and (3) Sections 2, 4, and 5 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
201 KAR 30:130. Standards for education approval - fees. 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 for accuracy; (3) Section 1 was amended to comply with the drafting and format requirements of KRS Chapter 13A; and (4) a new Section 2 was created to incorporate by reference an application form.
Department Of Agriculture: Livestock Sanitation
302 KAR 20:240. Mycobacterium paratuberculosis (Johne's). Mark Farrow, General Counsel, and Dr. Don Notter, State Veterinarian, represented the Department.
This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph and Sections 1, 2, 3, and 7 were amended to comply with the drafting and format requirements of KRS Chapter 13A; (2) Section 3(2)(c) was amended to require the immediate identification of animals testing positive for Johne’s; and (4) Section 7 was amended to replace the form incorporated by reference with an updated version of the form.
Education Professional Standards Board
704 KAR 20:555. Professional certificate for college faculty: secondary education. Mary Ellen Wiederwohl, Legislative Liaison, represented the Board.
In response to a question by Senator Roeding, Ms. Wiederwohl stated that this administrative regulation enabled more persons to serve as teachers in public schools by permitting those with five years of teaching experience at the college level to be certified as secondary teachers.
This administrative regulation was amended as follows: the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 2(3)(a) were amended to delete superfluous language, as required by KRS 13A.222(4)(a).
Department of Insurance: Authorization of Insurers and General Requirements
806 KAR 3:210 & E. Privacy of consumer financial information. Janie Miller, Commissioner, Julie McPeak, General Counsel, and Charlotte Hummel, Staff Attorney, represented the Department.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to specify citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to include authorizing citations and to delete superfluous language, as required by KRS 13A.222(4)(a); (3) Section 1 was amended to comply with the requirements for definitions under KRS 13A.222(4)(d) and (e); and (4) Sections 2 to 22 were amended to specify citations and comply with the drafting and format requirements of KRS Chapter 13A.
806 KAR 3:220 & E. Privacy of health information. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY and the NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to include authorizing citations; (2) Section 1 was amended to comply with the requirements for definitions under KRS 13A.222(4)(d) and (e); and (3) Sections 1 to 6 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Health Insurance Contracts
806 KAR 17:380. Repeal of 806 KAR 17:066. Janie Miller, Commissioner, Julie McPeak, General Counsel, Charlotte Hummel, Staff Attorney, and Jay Thompson, represented the Department.
In response to a question by Senator Roeding, Ms. Miller stated that the Department repealed this administrative regulation because they replaced it with five smaller administrative regulations to simplify the administrative regulation amendment process and to incorporate new standards from the Federal Benefits Improvement and Protection Act of 2000. The five new administrative regulations, 806 KAR 17:390, 17:400, 17: 410, 17:420, and 17:430, imposed minimum standards on insurers to protect the consumers.
This administrative regulation was amended as follows: the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to comply with the drafting and format requirements of KRS Chapter 13A.
806 KAR 17:390. Benefits and disclosures in Medicare supplement insurance policies. In response to questions by Senator Roeding, Ms. Miller stated that the fourteen forms incorporated by reference in this administrative regulation did not impose a hardship on insurance companies because federal law also required their use. Additionally, supplemental insurance policies were not the primary reason senior citizens had problems in obtaining and retaining adequate insurance coverage. Managed care plans, which replaced Medicare benefits, were a much bigger contributing factor. Because this administrative regulation did not apply to managed care plans, it did not affect that issue.
This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to specify federal citations; and (2) Sections 1 to 11 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
806 KAR 17:400. Marketing and sales practices in Medicare supplement insurance policies. In response to a question by Representative Bruce, Mr. Thompson stated that this administrative regulation implemented a statute enacted in 1992 to protect senior citizens from being sold unneeded supplemental insurance policies.
This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to specify citations; (2) Section 1 was amended to comply with the requirements of KRS 13A.222(4)(d)and (e); and (3) Sections 3 to 13 were amended for clarity and to comply with the drafting and format requirements of KRS Chapter 13A.
806 KAR 17:410. Claims payment practices in Medicare supplement insurance policies. This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to specify citations; and (2) Sections 1 and 2 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
806 KAR 17:420. Rates, premiums and loss ratio requirements in Medicare supplement insurance policies. This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to specify citations; and (2) Sections 1 to 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
806 KAR 17:430. Reporting requirements in Medicare supplement insurance policies. This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to specify federal citations; and (2) Sections 1 to 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Cabinet For Health Services: Certificate of Need
900 KAR 6:030. Certificate of need expenditure minimums. John Gray, Director, represented the Cabinet.
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 Section 2 were amended to comply with the drafting requirements of KRS Chapter 13A.
Department for Public Health: Lead Abatement
902 KAR 48:010. Definitions. Terry Wescott, Manager, and James Carreer, Legislative Liaison, represented the Cabinet.
This administrative regulation was amended as follows: (1) the Title was amended to show that the definitions apply to Chapter 48; (2) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; and (3) Section 1 was amended for clarity, addition of statutory references, and to comply with the drafting and format requirements of KRS Chapter 13A.
902 KAR 48:020. Training and certification requirements for persons who perform lead-hazard detection or lead-hazard abatement. In response to questions by Senator Roeding, Mr. Carreer stated that this administrative regulation stratified the certification fees so that the Cabinet could charge reduced fees to certification applicants whose applications required less processing time.
In response to questions by Senator Roeding, Mr. Wescott stated that while the Cabinet did require certification for local health departments which performed lead-hazard assessments for residences of children with lead poisoning, the Cabinet did not assess them certification fees.
This administrative regulation was amended as follows: (1) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to add, delete, or correct statutory citations; and (2) Sections 1 to 10 were amended for clarity and to comply with the drafting and format requirements of KRS Chapter 13A.
902 KAR 48:030. Accreditation of training programs and providers of educational programs for individuals who perform lead-hazard detection and abatement. This administrative regulation was amended as follows: (1) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to add, delete, or correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2 to 14 were amended for clarity and to comply with the drafting and format requirements of KRS Chapter 13A; (3) Section 1 was deleted as redundant, as required by KRS 13A.222(4)(a); and (4) Section 13(6) was amended to specify conditions under which accreditation may be revoked.
902 KAR 48:040. Permit fees, permit requirements and procedures, and standards for performing lead-hazard detection and abatement. In response to questions by Senator Roeding, Mr. Wescott stated that this administrative regulation restructured the permit fees for lead abatement but did not increase the fees. The $50,000 of fees assessed by this administrative regulation and by 902 KAR 48:020 were necessary for the Cabinet to recover the cost of the lead-hazard detection and abatement program. The $240,000 federal subsidy by itself was insufficient to fund the program.
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) Sections 1 to 17 were amended for clarity of language and to comply with the drafting and format requirements of KRS Chapter 13A; and (3) Section 5(2) was amended to delete a regulatory scheme and replace it with a reference to the relevant statute.
Department for Medicaid Services: Payment and Services
907 KAR 3:090 & E. Acquired brain injury services. Tricia Salyer and Colleen Ryall represented the Department.
In response to questions by Senator Roeding, Ms. Salyer stated that the facility level of care determination was required for an applicant to receive services under the acquired brain injury program. The Department had not tracked the costs of the prior authorization required before acquired brain injury services could be provided.
Senator Roeding requested that the Department track the prior authorization costs and report them back to the Subcommittee. Mr. Salyer stated that this information would be provided.
This administrative regulation was amended as follows: Sections 5, 6, 9, 10, 12 to 16, 18, 20, and 22 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Cabinet For Families And Children: Department of Community Based Services: Protection and Permanency: Child Welfare
922 KAR 1:440. Standards for children's advocacy centers. Elizabeth Caywood and Carol Jordan, Executive Director, Governor’s Office of Child Abuse and Domestic Violence, represented the Cabinet.
In response to questions by Senator Roeding, Ms. Jordan stated that children’s advocacy centers were regional centers which provided advocacy, medical, and mental health services to abused children. The Department had established them as partnerships between governmental and private entities. Their $1.4 million of state funding served to employ directors for each center and the centers were responsible for obtaining the remainder of their needed funding through local fundraising and grants from federal sources, local governments, and private foundations. Due to their specialized focus on the needs of abused children, the centers did not provide services to abused senior citizens.
This administrative regulation was amended as follows: (1) the RELATES TO paragraph and Sections 1, 2, 3, 4, 6, and 7 were amended to comply with the drafting and format requirements of KRS Chapter 13A; (2) Section 1 was amended: (a) to delete provisions that modified statutory definitions, as required by KRS 13A.120(2) and 13A.222(4)(d); (b) to include psychiatry in the definition of “mental health discipline;” and (c) to establish a definition for “Regional children’s advocacy center;” and (3) Section 4(11) was deleted which prohibited a known or alleged offender from visiting a children’s advocacy center.
The Subcommittee determined that the following administrative regulations complied with statutory authority:
Kentucky Higher Education Assistance Authority: Kentucky Educational Savings Plan Trust
11 KAR 12:060. Cancellation, partial withdrawal, and payment of refunds. David Lawhorn, Program Advisor, and Denise Reid, Assistant General Counsel, represented the Authority.
Board of Examiners of Psychology
201 KAR 26:165. Inactive status. Nancy Black, Division of Occupations and Professions, Robert Illback, Chairperson, and Mark Brengelman, Assistant Attorney General, represented the Board.
201 KAR 26:215. Nonresident status.
201 KAR 26:261. Repeal of 201 KAR 26:260.
Real Estate Appraisers Board
201 KAR 30:040. Standards of practice. Sam Blackburn, Executive Director, Larry Disney, Investigator Education Director, and James Grawe, Assistant Attorney General, represented the Board.
Education Professional Standards Board
704 KAR 20:550. Provisional certificate for college faculty. Mary Ellen Wiederwohl, Legislative Liaison, represented the Board.
In response to a question by Senator Roeding, Ms. Wiederwohl stated that this administrative regulation enabled more persons to serve as teachers in public schools by permitting college faculty members on sabbatical to receive provisional teaching certificates for one to two years.
Department of Insurance: Health Insurance Contracts
806 KAR 17:211E. Repeal of 806 KAR 17:210. Janie Miller, Commissioner, Julie McPeak, General Counsel, and Charlotte Hummel, Staff Attorney, represented the Department.
In response to a question by Chairman Arnold, Ms. Miller stated that this administrative regulation repealed 806 KAR 17:210 because it contained reporting requirements for the Guaranteed Acceptance Program which had been terminated.
Cabinet For Health Services: Department for Public Health: Hazardous Substances
902 KAR 47:081. Repeal of 902 KAR 47:080, 902 KAR 47:090, and 902 KAR 47:100. Terry Wescott, Manager, and James Carreer, Legislative Liaison, represented the Cabinet.
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: Telehealth Board
10 KAR 3:040E. Establishing protocols and standards for telehealth network training centers and rural sites.
Department Of Law: Office of the Attorney General: Racial Profiling
40 KAR 7:010. Procedures for reporting allegations of racial profiling.
Kentucky Retirement Systems: General Rules
105 KAR 1:150E. Installment purchase procedures.
Board of Emergency Medical Services
202 KAR 7:010E. Definitions.
Tourism Cabinet: Department of Fish and Wildlife Resources: Game
301 KAR 2:225E. Dove, wood duck, teal, and other migratory game bird hunting.
Hunting and Fishing
301 KAR 3:026E. Access to wildlife management areas for mobility-impaired individuals.
Labor Cabinet: Occupational Safety and Health
803 KAR 2:180E. Recordkeeping: statistics.
Kentucky Mine Safety Review Commission
825 KAR 1:020E. Administrative hearing procedures.
Cabinet For Health Services: Office of Inspector General
906 KAR 1:120E. Informal dispute resolution.
Department for Medicaid Services: Services
907 KAR 1:013E. Payments for hospital inpatient services.
907 KAR 1:019E. Outpatient Pharmacy Program.
907 KAR 1:021E. Reimbursement for drugs.
907 KAR 1:025E. Payment for services provided by an intermediate care facility for the mentally retarded and developmentally disabled, a dually-licensed pediatric facility, an institution for mental diseases, a nursing facility with an all-inclusive rate unit.
907 KAR 1:031 & E. Payments for home health services.
907 KAR 1:145E. Supports for community living services for an individual with mental retardation or a developmental disability.
907 KAR 1:170 & E. Payments for home and community based waiver services.
907 KAR 1:320E. Kentucky Patient Access and Care System (KenPAC).
907 KAR 1:810E. Presumptive eligibility for pregnant women.
Payment and Services
907 KAR 3:030E. Coverage and payments for IMPACT Plus services.
Cabinet For Families And Children: Department of Community Based Services: Protection and Permanency: Child Welfare
922 KAR 1:470E. Central registry.
Day Care
922 KAR 2:090E. Child care facility licensure.
OTHER BUSINESS
Cabinet For Health Services: Department for Public Health: Food and Cosmetics
902 KAR 45:120. Inspection fees; permit fees; hotels, mobile home parks, recreational vehicle parks, youth camps and private water supplies. Dr. Rice Leach, Commissioner, represented the Department.
Subcommittee staff stated that at the December, 2001 meeting of the Subcommittee, the Subcommittee placed this administrative regulation on the current agenda so that it could be studied. It had been cited as an internal reference for an administrative regulation on December’s agenda, 902 KAR 15:010, and it established a fee that was in excess of the statutorily mandated fee.
In response to questions by Chairman Arnold, Dr. Leach stated that the Department had resolved the conflict by amending 902 KAR 15:010 so that it no longer referred to this administrative regulation to determine the fee amount. The statutory fee alone would apply. Additionally, the Department would amend 902 KAR 45:120 to delete Section 2(3), which violated KRS 219.350.
The Subcommittee adjourned at 11 a.m. until February 13, 2002, at 12 noon in Room 149 of the Capitol Annex.