The February meeting of the Administrative Regulation Review Subcommittee was held on Wednesday, February 13, 2002, at 12:00 PM, 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: Sharon Weisenbeck, Elizabeth Sue DeRouen, Joyce A. Bonick, Board of Nursing; Brian Bishop, Patricia Bausch, Becky Connor, Kentucky Board of Emergency Medical Services; Tom Bennett, Ellen Benzing, Department of Fish and Wildlife Resources; Lawrence J. Dusak, Vicki L. Ray, Jeff Pratt, Martha Hall, Ralph Schiefferle, Division of Water; Lona Bfewer, John S. Lyons II, Gerry K. Ennis, Division for Air Quality; Jack Damron, Brenda Priestley, Department of Corrections; Kevin Noland, Board of Education; Scott Jones, Department of Charitable Gaming; Alex Reese, Cabinet for Health Services; Rosanne Barkley, Patti Smith-Glover, Karen 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:
Board of Nursing
201 KAR 20:390. Nursing Incentive Scholarship Fund. Sharon Weisenbeck, Executive Director, Elizabeth Sue DeRouen, Operations Manager, and Joyce A. Bonick represented the Board.
This administrative regulation was amended as follows: Section 7 was amended to change the required form.
Board of Emergency Medical Services
202 KAR 7:010 & E. Definitions. Patricia Bausch, General Counsel, and Brian Bishop, Executive Director, represented the Board.
This administrative regulation was amended as follows: the Title, the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs, and Section 1 were amended to comply with drafting and format requirements of KRS Chapter 13A.
Tourism Cabinet: Department of Fish and Wildlife Resources: Game
301 KAR 2:225 & E. Dove, wood duck, teal, and other migratory game bird hunting. Tom Bennett, Commissioner, represented the Department.
In response to a question by Senator Roeding, Mr. Bennett stated that the amendments to this administrative regulation included the Canada Goose in the definition of “migratory game bird” because the original definition inadvertently omitted it.
This administrative regulation was amended as follows: Section 1(1) was amended to add the Canada Goose to the definition of “migratory game bird”.
Natural Resources And Environmental Protection Cabinet: Department for Environmental Protection: Division of Water: Public Water Supply
401 KAR 8:022. Sanitary surveys. Jeff Pratt, Director, and Vicki L. Ray, Branch Manager, represented the Division.
In response to a question by Senator Roeding, Mr. Pratt stated that this administrative regulation did not establish any fees.
This administrative regulation was amended as follows: the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 3 to 5 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Division for Air Quality: Hazardous Pollutants
401 KAR 57:002. 40 CFR Part 61 national emission standards for hazardous air pollutants. John S. Lyons II, Director, Lona Brewer, and Millie Ellis represented the Division.
In response to questions from Senator Pendleton, Ms. Brewer stated that the Division performed air monitoring across the state to determine compliance with federal ozone standards. The Division determined ozone compliance based on a three year cycle. Because all states were required to comply with the federal air quality standards, Kentucky ozone standards should be the same as those in Tennessee. The Tennessee Valley Authority, rather than the Division, operated the ozone monitor in Christian County.
In response to questions by Senator Roeding, Ms. Brewer stated that federal law required the Division to monitor for ozone from March 1 through October 31 rather than year round because heat was required for ozone to form.
In response to questions by Representative Bruce, Ms. Brewer stated that no area in Kentucky was designated as noncompliant under the proposed 8 hour ozone standard because the Environmental Protection Agency would not make those determinations until 2004 or 2005.
This administrative regulation was amended as follows: the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
New Source Performance Standards
401 KAR 60:005. 40 CFR Part 60 standards of performance for new stationary sources. This administrative regulation was amended as follows: the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
General Standards of Performance
401 KAR 63:002. 40 CFR Part 63 national emission standards for hazardous air pollutants. This administrative regulation was amended as follows: the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Justice Cabinet: Department of Corrections: Office of the Secretary
501 KAR 6:040. Kentucky State Penitentiary. Jack Damron, Counsel, represented the Department.
This administrative regulation was amended as follows: (1) the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Section 1 were amended to comply with the drafting and format requirements of KRS Chapter 13A; (2) KSP 05-02-01, 10-02-01, 23-01-03, 25-01-01, and 25-01-02 were amended to correct statutory and regulatory citations; and (3) KSP 23-01-03 was amended to clearly establish a visitation policy for members of religious groups.
501 KAR 6:120. Blackburn Correctional Complex. This administrative regulation was amended as follows: (1) the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Section 1 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (2) BCC 02-02-03, 06-02-02, 08-04-01, 09-01-01, 09-02-03, and 16-02-01 were amended to correct statutory and regulatory citations.
Education, Arts, And Humanities Cabinet: Board of Education: Department of Education: Office of District Support Services: School Administration and Finance
702 KAR 3:080. Treasurer's bond, penal sum. Kevin Noland represented the Department.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to comply with the drafting and format requirements of KRS Chapter 13A; and (3) Section 3 was amended to specify the authority of the Commissioner.
702 KAR 3:090. Depository, bond, penal sum. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to comply with the drafting and format requirements of KRS Chapter 13A; and (3) Section 2 was amended to specify the authority of the Commissioner.
Office of Learning Programs Development: Office of Instruction
704 KAR 3:325. Effective Instructional Leadership Act. Kevin Noland represented the Department.
In response to a question by Senator Roeding, Mr. Noland stated that the Effective Instructional Leadership Act applied to school district administrators, such as school principals or superintendents. The Department amended this administrative regulation to comply with new statutory requirements established by the 2000 General Assembly.
This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to add a citation; and (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.
Department of Charitable Gaming: Charitable Gaming
820 KAR 1:001. Definitions for 820 KAR Chapter 1. Scott Jones represented the Department.
In response to a question by Senator Roeding, Mr. Jones stated that a “seal card game with a cumulative or carryover prize” was a pull tab game.
This administrative regulation was amended as follows: (1) Section 1(26)(b) was amended to correct a typographical error; and (2) Section 1(36) was amended to delete language that repeated the definition established in KRS 238.505(25), as required by KRS 13A.222(4)(d).
820 KAR 1:010. Temporary licensure. 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 was amended to specify the names of the required application forms; (4) Sections 1 and 4 were amended to comply with the drafting requirements of KRS 13A.222; (5) Section 4 was amended to change the edition dates of the material incorporated by reference; and (6) the material incorporated by reference was amended to correct typographical errors and the website address.
820 KAR 1:015. Permanent licensure. In response to questions by Senator Roeding, Mr. Jones stated that the amendments to this administrative regulation doubled the permanent licensure fee to $1,000 a year, the maximum amount authorized by statute. Bingo players would not face higher costs due to the licensure fee increase because charity game tickets would continue to be sold for one dollar. Additionally, the amendments to the license application merely clarified the application requirements and did not require new information from the applicants.
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 was amended to specify the names of the required application forms; (4) Sections 1, 3, 4, and 5 were amended to comply with the drafting requirements of KRS 13A.222; (5) Section 5 was amended to change the edition dates of the material incorporated by reference; and (6) the material incorporated by reference was amended to correct typographical errors and the website address.
820 KAR 1:025. Quarterly reports of a licensed charitable organization. In response to a question by Senator Roeding, Mr. Jones stated that the amendments to this administrative regulation created a new form for seal card games with accumulative or carryover prizes because the existing form failed to provide to the Department sufficiently detailed information regarding those games.
This administrative regulation was amended as follows: (1) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; (2) Section 1 was amended to clarify the filing requirements, to comply with KRS 13A.222(4)(a); (3) Sections 2 and 6 were amended to correct the titles of the material incorporated by reference; (4) Section 4 was amended to: (a) comply with the format requirements of KRS 13A.220; and (b) permit filing by hand-delivery; (5) Section 6 was amended to: (a) change the edition date of Attachment D; and (b) comply with the drafting requirements of KRS 13A.2251(2); and (6) the material incorporated by reference was amended to: (a) specify a form title; and (b) correct a typographical error.
820 KAR 1:026. Quarterly reports of a licensed charitable gaming facility. This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to correct a statutory citation; (2) Section 1 was amended to clarify the filing requirements, to comply with KRS 13A.222(4)(a); (3) Section 3 was amended to comply with the format requirements of KRS 13A.220; (4) Section 5 was amended to: (a) change the edition date of Form CG-FACQR; and (b) comply with the drafting requirements of KRS 13A.2251(2); and (5) Form CG-FACQR was amended to correct typographical errors and the title of the material.
820 KAR 1:027. Quarterly report of a licensed distributor regarding card-minding devices. This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to correct statutory citations; (2) Sections 1 and 5 were amended to correct the name of the form incorporated by reference; (3) Section 2 was amended to clarify the filing requirements, to comply with KRS 13A.222(4)(a); (4) Section 3 was amended to comply with the format requirements of KRS 13A.220; (5) Section 5 was amended to comply with the drafting requirements of KRS 13A.2251(2); and (6) Form CG-DIS/CMD was amended to correct a typographical error and the form's edition date.
820 KAR 1:030. Charity game ticket standards. 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); (2) Sections 1, 2, 4, 7, 8, 9, 10, and 11 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (3) Section 10 was amended to clarify the requirements for displaying the seal cards with a cumulative or carryover prize for fifteen days.
820 KAR 1:070. Exempt activities. 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); (2) Section 1 was amended to: (a) delete the word "satisfactorily" to comply with KRS 13A.222(4)(a); and (b) reflect the statutory deadline established in KRS 238.535(2); (3) Section 2 was amended to: (a) comply with the drafting requirements established in KRS 13A.2251(2); and (b) change the edition dates of the material incorporated by reference; and (4) the material incorporated by reference was amended to: (a) correct typographical errors and the website address; and (b) comply with statutory terminology.
820 KAR 1:120. Other allowable expenses. 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); and (3) Section 1 was amended to: (a) correct typographical errors; and (b) comply with the drafting requirements of KRS Chapter 13A.
820 KAR 1:130. Administrative actions. 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, 3, and 5 were amended to delete provisions that repeated the language of KRS 238.560(3), as required by KRS 13A.120(2)(e) and (f); (4) Sections 1, 2, 3, 4, and 7 were amended to comply with the drafting and format requirements of KRS Chapter 13A; (5) a new Section 6 was created to specify the requirement that a person submit a completed Complaint Form to initiate an investigation of an alleged violation; and (6) Section 7 was amended to specify the edition date of the material incorporated by reference as required by KRS 13A.2251(2).
Cabinet For Health Services: Department for Public Health: Health Services and Facilities
902 KAR 20:018. Operation and services; renal dialysis facilities. Alex Reese, Office of Inspector General, represented the Department.
In response to a question by Senator Roeding, Mr. Reese stated that the Board of Nursing operated a certification program for dialysis technicians. The amendments to this administrative regulation authorized dialysis technicians, upon certification, to administer medication to patients at renal dialysis facilities.
In response to questions by Representative Lee, Mr. Reese stated that prior to certification, dialysis technicians must participate in training courses that were either created or approved by the Board of Nursing. Most dialysis technicians participated in Board-accredited training courses offered by the dialysis facilities.
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 reflect statutory language; (3) Section 1 was amended to clarify definitions; (4) Sections 2 to 5 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (4) Section 5 was amended to refer to periodic CDC guidelines for dialysis infection control.
Cabinet For Families And Children: Department of Community Based Services: Family Support: Child Support
921 KAR 1:400. Establishment, review, and modification of child support and medical support orders. Karen Doyle, Patti Smith-Glover, and Janice Slaughter represented the Department.
In response to questions by Senator Roeding, Ms. Smith-Glover stated that although most child support and medical support orders were entered by the courts, the Department could establish those types of orders administratively. Additionally, Ms. Slaughter stated that anyone with questions regarding child support orders could contact the Department at 1-800-248-1163.
This administrative regulation was amended as follows: the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 3 and 4 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
The Subcommittee determined that the following administrative regulations complied with statutory authority:
Board of Nursing
201 KAR 20:070. Licensure by examination. Sharon Weisenbeck, Executive Director, Elizabeth Sue DeRouen, Operations Manager, and Joyce A. Bonick represented the Board.
In response to a question by Senator Long, Ms. Weisenbeck stated that the amendments to this administrative regulation exempted Canadian nurses from some of the licensure requirements that applied to other foreign nurses. Quebec nurses were not included in this exemption because English was not their primary language.
201 KAR 20:110. Licensure by endorsement. In response to a question by Senator Roeding, Ms. Weisenbeck stated that an out of state applicant could receive a Kentucky nursing license by endorsement if the applicant had graduated from a state-approved nursing program and had passed the licensure examination.
In response to questions by Chairman Arnold, Ms. Weisenbeck stated that licensure by endorsement differed from licensure by reciprocity because the Board did not automatically endorse a license from an out of state applicant. To receive a license by endorsement, the applicant must also satisfy additional Kentucky training standards, including the AIDS education requirement.
In response to questions by Representative Lee, Ms. Weisenbeck stated that foreign nursing applicants must satisfy different licensure requirements from out of state nursing applicants, such as demonstrating a proficiency in English, taking the licensure examination, and participating in the certification program of the Commission on Graduates of Foreign Nursing Schools.
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 1:150 & E. Installment purchase procedures.
Finance And Administration Cabinet: Kentucky Infrastructure Authority
200 KAR 17:080E. Guidelines for 2020 water service account.
Board of Accountancy
201 KAR 1:100. Continuing professional education requirements.
201 KAR 1:140. Procedures for the reinstatement and reissuance of a license.
201 KAR 1:150. To set forth practice and procedures for hearings held before the Kentucky State Board of Accountancy.
201 KAR 1:180. Safe harbor language for nonlicensees to use in connection with a compilation of financial information.
201 KAR 1:300. Rules of professional conduct.
Kentucky Lottery Corporation
202 KAR 3:030. Retailer administrative regulation.
Tourism Cabinet: Department of Fish and Wildlife Resources: Game
301 KAR 2:221E. Waterfowl seasons and limits.
301 KAR 2:222E. Waterfowl hunting requirements.
Hunting and Fishing
301 KAR 3:026E. Access to wildlife management areas for mobility-impaired individuals.
Justice Cabinet: Department of Criminal Justice Training: Kentucky Law Enforcement Council
503 KAR 1:110E. Department of Criminal Justice Training basic training: graduation requirements; records.
Labor Cabinet: Occupational Safety and Health
803 KAR 2:180E. Recordkeeping: statistics.
Kentucky Mine Safety Review Commission: Kentucky Mine Safety Review
825 KAR 1:020E. Administrative hearing procedures.
Cabinet For Health Services: Office of Inspector General: Inspector General
906 KAR 1:120E. Informal dispute resolution.
Department for Medicaid Services: Services
907 KAR 1:019E. Outpatient Pharmacy Program.
907 KAR 1:021E. Reimbursement for drugs.
907 KAR 1:030E. Home health agency services.
907 KAR 1:055E. Payments for primary care center, federally-qualified health center, and rural health clinic services.
907 KAR 1:081E. Repeal of 907 KAR 1:080.
907 KAR 1:145E. Supports for community living services for an individual with mental retardation or a developmental disability.
907 KAR 1:320E. Kentucky Patient Access and Care System (KenPAC).
907 KAR 1:660E. Relative responsibility requirements for Medicaid.
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: Family Support: Child Support
921 KAR 1:410. Child support collection and distribution.
Protection and Permanency: Child Welfare
922 KAR 1:470E. Central registry.
Day Care
922 KAR 2:090E. Child care facility licensure.
The Subcommittee adjourned at 1 p.m. until March 13, 2002, at 12 noon in Room 149 of the Capitol Annex.