The May meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, May 14, 2002, at 10:00 AM, in Room 149 of the Capitol Annex. Representative John Arnold Jr, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Representative John Arnold Jr, Chair; Senators Marshall Long, Joey Pendleton, and Richard Roeding; Representatives Woody Allen, James Bruce, and Jimmie Lee.
Guests: Rosemary F. Center, Kentucky Registry of Election Finance; Mark A. Sipek, Personnel Board; Lloyd Vest, Board of Medical Licensure; Jack Damron, Brenda Priestley, Department of Corrections; Hollie Spade, Lou Amato, Transportation Cabinet; Mary Ellen Wiederwohl, Education Professional Standards Board; Tim Chancellor, Frederick Huggins, Chuck Stribling, Labor Cabinet; Marc A. Guilfoil, Rena Elswick, Bernard J. Hettel, Kentucky Racing Commission; Diane Fleming, William R. Whitledge, Mine Safety Review Commission; Philip Kremer, Cabinet for Health Services; Rhonda Tricker, Linda Lingle, Shirley Eldridge, Sharon L. Chisley, Mike Weinrauch, Stephanie Brammer-Barnes; Cheryl Bentley, B.J. Jacobs, Cliff Robey, Kathy Adams, Rosanne Barkley, Karen Doyle, Virginia Carrington, Hiren Desai, Cabinet for Families and Children; David Vance, Ambassador Capital Limousine, Gold Shield Limousine; Ronny Pryor, LifePoint Hospital.
LRC Staff: Dave Nicholas, Karen Smith, Sarah Amburgey, Donna Little, Edna Lowery, Susan Wunderlich, 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 Registry of Election Finance: Practice and Procedure
32 KAR 2:220 & E. Electronic reporting file format and test file compliance procedure. Rosemary Center, General Counsel, and Stephen Smith, Information Management Officer, represented the Department.
This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to delete superfluous language as required by KRS 13A.222(4)(a); and (2) the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 2 and 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Board of Medical Licensure
201 KAR 9:310. Continuing medical education. Lloyd Vest, General Counsel, represented the Board.
In response to questions by Chairman Arnold, Mr. Vest stated that the Board required physicians to complete twenty hours of continuing medical education each year and to report their educational credits every three years.
This administrative regulation was amended as follows: Sections 1 to 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 6:130. Western Kentucky Correctional Complex. Jack Damron, Counsel, represented the Department.
In response to questions by Representative Lee, Mr. Damron stated that the Department had a central policy on inmate correspondence and censorship that applied statewide, including at Western Kentucky Correctional Complex. Individual prisons were allowed to generate supplemental policies regulating details such as time of mail posting and delivery. The Western Kentucky Correctional Complex’s policy on inmate correspondence and censorship was amended to delete provisions that merely repeated provisions of the central policy.
This administrative regulation was amended as follows: (1) Section 1 was amended to correct the date of the material incorporated by reference; and (2) various WKCC policies were amended to comply with the drafting requirements of KRS Chapter 13A.
Transportation Cabinet: Department of Vehicle Regulation: Division of Motor Carriers
601 KAR 1:040. Application for operating authority and registration of motor carriers. Hollie Spade, Office of General Counsel, and Lou Amato, Office of General Counsel, represented the Division.
In response to questions by Representative Lee, Ms. Spade stated that this administrative regulation was amended to define charter buses and to distinguish their regulatory requirements from those of limousines.
In response to questions by Senator Roeding, Ms. Spade stated that a statutory change would be required before the Department could exempt pick-up vehicles used by charter buses from regulatory requirements for limousines.
This administrative regulation was amended as follows: Section 6(2) was amended to clarify the requirements for a charter bus.
Education Professional Standards Board
704 KAR 20:210. Substitute teachers and emergency school personnel. Mary Ellen Wiederwohl represented the Board.
This administrative regulation was amended as follows: (1) Section 3 and Form TC-EN were amended to correct typographical errors; and (2) Section 4 was amended to comply with KRS 13A.2251.
704 KAR 20:770. Probationary certificate for middle school teachers. This administrative regulation was amended as follows: Sections 2 and 3 were amended to comply with the drafting requirements of KRS Chapter 13A.
Kentucky Racing Commission: Harness Racing
811 KAR 1:035. Claiming races. Bernie Hettel, Executive Director, Rena Elswick, and Mark Guilfoil represented the Commission.
This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation; and (2) Sections 1, 2, 3, 8, 9, and 11 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
811 KAR 1:125. Pari-mutuel rules. This administrative regulation was amended as follows: Sections 11 to 14 were amended to comply with the drafting requirements of KRS Chapter 13A.
811 KAR 1:215. Kentucky Standardbred Development Fund. This administrative regulation was amended as follows: Section 18(1)(b) was amended to include a reference to a 5/8 mile track.
811 KAR 1:225. Substance abuse by commission employees and licensees. This administrative regulation was amended as follows: Sections 2 and 6 to 8 were amended to comply with the drafting requirements of KRS Chapter 13A.
Kentucky Mine Safety Review Commission
825 KAR 1:020 & E. Administrative hearing procedures. Bill Whitledge, Commissioner, and Diane Fleming, General Counsel, represented the Commission.
This administrative regulation was amended as follows: Sections 7, 10, 11, 19, and 21 to 23 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Cabinet For Health Services: Department for Medicaid Services: Services
907 KAR 1:015 & E. Payments for hospital outpatient services. Phil Kremer represented the Department.
In response to questions by Senator Roeding, Mr. Kremer stated that this administrative regulation established the method that state and county facilities could use to obtain partial federal reimbursement for their services. This method should help offset the Medicaid budget deficit.
This administrative regulation was amended as follows: Sections 1 to 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Cabinet For Families And Children: Department of Community Based Services: Family Support: K-TAP, Kentucky Works, Welfare to Work, State Supplementation
921 KAR 2:060. Delegation of power for oaths and affirmations. Karen Doyle and Rosanne Barkley represented the Department.
This administrative regulation was amended as follows: (1) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to specify citations; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to include specific authorizing language.
Food Stamp Program
921 KAR 3:030. Application process. Karen Doyle and Rosanne Barkley represented the Department.
In response to questions from Senator Roeding, Ms. Barkley stated that federal law required the Department to include voter registration in the food stamp application process.
This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to specify citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to include specific authorizing language; and (3) Sections 1, 3, 4, 6, and 8 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
921 KAR 3:050. Claims and additional administrative provisions. In response to a question by Senator Roeding, Ms. Doyle stated that this administrative regulation established termination procedures for writing off old claims. These termination procedures did not produce a revenue loss for the state because they were used for very old claims that were no longer collectible.
This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to specify citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to include specific authorizing language; and (3) Sections 4 to 7, 10, and 11 were amended to specify federal statutory citations and to comply with the drafting and format requirements of KRS Chapter 13A.
921 KAR 3:060. Administrative disqualification hearings and penalties. In response to a question by Senator Roeding, Ms. Doyle stated that this administrative regulation was amended to provide the Department greater flexibility in resolving program violation claims. As amended, the Department could refer a claim to the Office of Inspector General for a financial recovery or the Office of the Attorney General for a criminal prosecution.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to delete a citation; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to include specific authorizing language; (3) Section 2 was amended to delete superfluous language as required by KRS 13A.222(4)(a); and (4) Sections 1 to 4, 6, and 9 to 11 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Protection and Permanency: Child Welfare
922 KAR 1:300. Standards for child-caring facilities. Karen Doyle, Hiren Desai, Counsel, Kathy Adams, and B.J. Jacobs represented the Department.
In response to a question by Senator Roeding, Ms. Adams stated that the child-caring facilities utilized several safeguards to protect children at the facilities from physical or sexual abuse from other children at the facilities, including being notified of a child’s history of abusive behavior, addressing the abusive behavior through individual treatment plans, and monitoring the sleeping arrangements of children at the facilities.
In response to questions from Representative Lee, Ms. Jacobs stated that the Cabinet’s standards of practice required social workers to see each child involved in the kinship care program and the foster care program face to face on a monthly basis.
This administrative regulation was amended as follows: (1) the RELATES TO paragraph and Section 1 were amended to delete a statutory reference; and (2) Sections 2 to 7 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
922 KAR 1:305. Licensure of child-caring facilities and child-placing agencies. This administrative regulation was amended as follows: (1) the RELATES TO paragraph and Section 1 were amended to correct statutory citations; (2) Sections 2, 3, and 7 were amended to replace language with reference to controlling statutes; and (3) Sections 2, 3, 4, 7, and 8 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
922 KAR 1:380. Standards for emergency shelter child-caring facilities. This administrative regulation was amended as follows: the RELATES TO paragraph and Sections 1 to 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
922 KAR 1:390. Standards for residential child-caring facilities. In response to questions by Representative Bruce, Mr. Desai stated that Fayette County was chosen to implement a pilot family residential treatment program because a facility there was already operating that type of program. The Department amended this administrative regulation to establish some regulatory guidance for that ongoing program.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct a statutory citation; (2) Section 1 was amended to clarify definitions; (3) Sections 3 to 7 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (4) Section 6(5) to (11) were amended to add safety requirements for a facility housing both children and adults.
Day Care
922 KAR 2:090 & E. Child care facility licensure. Stephanie Brammer-Barnes, Hiren Desai, Counsel, and Karen Doyle represented the Department.
This administrative regulation was amended as follows: (1) Sections 1, 2, and 5 were amended to delete provisions regarding provisional licenses as their statutory authority had been repealed; (2) Sections 2 and 5 were amended to: (a) delete provisions requiring volunteers to submit to criminal background checks to comply with KRS 17.165 and 199.896 which required only directors and employees to submit to those checks; (b) add provisions authorizing child care centers to request that volunteers voluntarily submit to background checks; and (c) add provisions prohibiting volunteers who do not submit to voluntary background checks from being alone and unsupervised with a child; (3) Section 3 was amended to establish an initial licensing fee as required by KRS 199.896(3); and (4) the Title, 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.
The Subcommittee determined that the following administrative regulations complied with statutory authority:
Personnel Board
101 KAR 1:325. Probationary periods. Mark Sipek, General Counsel, represented the Board.
Labor Cabinet: Occupational Safety and Health
803 KAR 2:412 & E. Fall protection. Chuck Stribling, Safety Standards Specialist, Tim Chancellor, Health Standards Specialist, and Fred Huggins, Counsel, represented the Cabinet.
803 KAR 2:417 & E. Steel erection. In response to questions by Senator Roeding, Mr. Stribling stated that this administrative regulation incorporated by reference the federal steel erection standards except for the fall protection standard. At the request of the Standards Board, the Cabinet retained the Kentucky fall protection standard because it had been used by the construction industry since 1980.
Kentucky Racing Commission: Harness Racing
811 KAR 1:055. Declaration to start; drawing horses. Bernie Hettel, Executive Director, Rena Elswick, and Mark Guilfoil represented the Commission.
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.
Tourism Cabinet: Department of Fish and Wildlife Resources: Game
301 KAR 2:140E. Requirements for wild turkey hunting.
301 KAR 2:142E. Spring wild turkey hunting.
Department Of Agriculture: Livestock Sanitation
302 KAR 20:110E. Treatment of imported mares.
302 KAR 20:140E. Breeding shed for female equines.
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.
Department of Insurance: Health Insurance Contracts
806 KAR 17:081. Minimum standards for long-term care insurance policies.
Kentucky Racing Commission: Harness Racing
811 KAR 1:105. Review and appeal.
Department of Housing, Buildings and Construction: Kentucky Building Code
815 KAR 7:120E. Kentucky Building Code/2002.
815 KAR 7:125E. Kentucky Residential Code/2002.
Plumbing
815 KAR 20:020. Parts or materials list.
Cabinet For Health Services: Department for Public Health: Health Services and Facilities
902 KAR 20:016E. Hospitals; operations and services.
Department for Medicaid Services: Services
907 KAR 1:013E. Payments for hospital inpatient services.
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 1:030E. Home health agency services.
907 KAR 1:031E. Payments for home health 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 1:170E. Payments for home and community based waiver services.
907 KAR 1:320E. Kentucky Patient Access and Care System (KenPAC).
907 KAR 1:720E. Coverage and payments for the Kentucky Early Intervention Program services provided through an agreement with the state Title V agency.
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: K-TAP, Kentucky Works, Welfare to Work, State Supplementation
921 KAR 2:015E. Supplemental programs for persons who are aged, blind, or have a disability.
Protection and Permanency: Child Welfare
922 KAR 1:460. Standards for youth wilderness camps.
The Subcommittee adjourned at 10:45 a.m. until June 11, 2002, at 10 a.m. in Room 149 of the Capitol Annex.