The December meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, December 10, 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: Allison Weber, Educational Professional Standards Board; Eddie Mattingly, Kentucky Revenue Cabinet, Lee Creech, Steve Gregory, Department for Local Government; Lisa Howard, Connie Calvert, Board of Optometric Examiners; Jane Gardner, Board of Landscape Architects; Becky Hughes, Board of Physical Therapy; Nathan Goldman, Board of Nursing;; Patricia Bausch, Brian Bishop, Board of Emergency Medical Services; Benjy Kinman, Scott Porter, Tom Bennett, Fish and Wildlife; Mark Farrow, Ann Stewart, Department of Agriculture; Brenn O. Combs, Jack Damron, Department of Corrections; Don Pendleton, Steve Lynn, Department of Criminal Justice Training; Thor Morrison, Law Enforcement Council; Kevin Noland, Board of Education; Mindy Yates, Sue S. Simon, Department of Vocational Rehabilitation; Suetta Dickinson, Vicky Horn, Greg Wilcox, Elizabeth A. Johnson, Carrie Banahan, Department of Insurance; Frank Dempsey, Tim Faust, Department of Housing; Gary Bevill, Victor Negron, Jim Carreer, Department for Public Health; Vera Frazer, Department of Medicaid Services; Carla Combs, Shirley Ann Eldridge, Karen Doyle, Rosanne Barkley, Mike Weinrauch, Fawn Conley, Elizabeth Caywood, Cheryl Bently, Cabinet for Families and Children; Stephanie Parker, Megan Hale, UK College of Nursing; Barry Meade USDA-APHIS-US; Ronnie Pryor, KHA LifePoint Hospital.
LRC Staff: Donna Little, Edna Lowery, Karen Smith, Sarah Amburgey, Donna Kemper, Emily Caudill and Ellen Steinberg.
The Subcommittee determined that the following administrative regulations, as amended by the promulgating agency and the Subcommittee, complied with statutory requirements:
Revenue Cabinet: Selective Excise Tax; Motor Vehicle Usage
103 KAR 44:070 & E. Taxation of loaner and rental motor vehicles. Eddie Mattingly represented the Cabinet.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to specify citations; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 4 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Department For Local Government: Division of Local Resources: County Cemetery Fund
109 KAR 4:020. Implementation of fund. Steve Gregory, General Counsel, and Lee Creech, Grant Administrator, represented the Department.
This administrative regulation was amended as follows: the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs, Sections 1, 3, and 5, and the application form incorporated by reference were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Board of Examiners and Registration of Landscape Architects
201 KAR 10:040. Applications. Jane Gardner, Executive Director, represented the Board.
This administrative regulation was amended as follows: (1) Section 2, relating to additional information, was deleted; and (2) Sections 1 and 3 to 7 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Board of Nursing
201 KAR 20:280. Standards for prelicensure registered nurse and practical nurse programs. Nathan Goldman represented the Board.
In response to a question by Senator Roeding, Subcommittee Staff stated that the staff amendments to this administrative regulation resolved any statutory authority issues.
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; (3) Section 2(2)(d)3. was amended to make the options available to the board a part of the conditional approval process and not options after a finding of non-compliance; (4) Sections 1 to 4 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (5) Section 5 was added to incorporate by reference required material.
Board of Physical Therapy
201 KAR 22:040. Procedure for renewal of a physical therapist license or a physical therapist's assistant certificate. Becky Hughes, Executive Director, represented the Board.
In response to a question by Senator Roeding, Ms. Hughes stated that this administrative regulation did not affect licensure or certification fees.
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.
Board of Emergency Medical Services
202 KAR 7:520. Allocation of block grant funding assistance for emergency medical services. Brian Bishop, Executive Director, and Patricia Bausch, General Counsel, represented the Board.
In response to questions by Senator Roeding, Mr. Bishop stated that this administrative regulation’s mileage and age limitations for vehicle purchases were not new expenditure standards. They mirrored the standards established by prior administrative regulations.
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 8 were amended for clarity; (3) Section 8 was amended to correct the title of a form; and (4) Sections 1, 2, 3, 4, and 7 were amended to address issues raised in the Initial Staff Review.
Tourism Development Cabinet: Department of Fish and Wildlife Resources: Fish
301 KAR 1:155. Commercial fishing requirements. Tom Bennett, Commissioner, and Dr. Jon Gassett, Wildlife Director, represented the Department.
This administrative regulation was amended as follows: Sections 6 to 7 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Game
301 KAR 2:300. Black bears. In response to questions by Chairman Arnold, Mr. Bennett stated that several black bears had entered Kentucky from West Virginia and Virginia and they were located primarily on Pine Mountain. This administrative regulation prohibited their feeding because they became aggressive if they grew accustomed to being fed by humans.
In response to questions by Representative Allen, Mr. Bennett stated that the bears were expected to spread throughout Appalachia during the next decade, depending on available habitat. Additionally, Dr. Gassett stated that because the bears preferred a wooded habitat, they probably would not spread to the more open habitat of western Kentucky.
In response to questions by Chairman Arnold, Dr. Gassett stated that the bears’ main food sources were insects, vegetation, berries, fruits, nuts, and mushrooms.
In response to questions by Representative Allen, Mr. Bennett stated that this administrative regulation prohibited intentional rather than incidental chasing of bears by dogs.
This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to correct statutory citations; (2) Section 1 was amended to comply with the drafting requirements of KRS Chapter 13A; and (3) Section 1 was amended to eliminate the prohibition against the incidental feeding of bears.
Hunting and Fishing
301 KAR 3:010. Public use of wildlife management areas. In response to questions by Chairman Arnold, Mr. Bennett stated that for safety reasons, this administrative regulation prohibited horseback riding events during firearms seasons for turkey, deer, and elk. The prohibition lasted a total of twenty-five (25) days during the cooler parts of the fall and spring.
This administrative regulation was amended as follows: Section 1 was amended to place the definitions in alphabetical order, as required by KRS 13A.222(4)(e).
Department of Agriculture: Livestock Sanitation
302 KAR 20:066 & E. Chronic wasting disease surveillance in captive cervids. Mark Farrow, General Counsel, represented the Department.
This administrative regulation was amended as follows: (1) Section 1 was amended to establish definitions for “Certified Monitored CWD cervid herd,” “Humanely harbored cervid,” “Monitored CWD herd,” “99/1 Surveillance Program,” “Shooting/hunting preserve,” and “State-federal official individual animal identification”; (2) Section 2 was amended to establish that the State Veterinarian supervised the CCWDSI and Monitored CWD herd programs; (3) Section 3 was amended to clarify the surveillance procedures for the CCWDSI Program; (4) Section 6 was amended to clarify quarantine durations; (5) Section 7 was amended to use the defined term “CCWDSI Program” and to clarify the program’s requirements; (6) Section 8 was amended to clarify disposition requirements; (7) Section 9 was deleted; (8) Section 17, regarding cervid permitted shooting/hunting preserves, was added; (9) Section 18 was added to incorporate by reference required forms; and (10) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1, 3, 4, 7, and 10 to 18 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 6:050. Luther Luckett Correctional Complex. Jack Damron, Counsel, and Brenn Combs, Counsel, represented the Department.
This administrative regulation was amended as follows: Section 1 and LLCC 06-03-01 were amended to correct typographical errors.
501 KAR 6:120. Blackburn Correctional Complex. This administrative regulation was amended as follows: Section 1 and various policies and procedures were amended to comply with the drafting and format requirements of KRS Chapter 13A.
501 KAR 6:999. Corrections secured policies and procedures. Pursuant to KRS 61.810(1)(i) and (k), KRS 61.815(2), and KRS 197.025(6), the Subcommittee went into closed session to review this administrative regulation.
Department of Criminal Justice Training: Kentucky Law Enforcement Council
503 KAR 1:120. In-service training: graduation requirements; recognized courses; records. Steve Lynn, Assistant General Counsel, and Don Pendleton, Director, represented the Department.
This administrative regulation was amended as follows: (1) Sections 3 and 5 and Form CDP-1, which was incorporated by reference, were amended to update and rename the form; and (2) Sections 1, 2, 4, and 5 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
503 KAR 1:160 & E. Department of Criminal Justice Training - Kentucky Police Corps basic training: graduation requirements; records. In response to a question by Senator Roeding, Mr. Lynn stated that the Kentucky Police Corps program was completely federally funded.
This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to specify KRS 15A.150 as statutory authority for this administrative regulation; (2) Section 8 was amended to specify that a cadet may be granted a leave of absence not exceeding thirty (30) months to serve on an official church mission, as required by 42 USC 14096(e)(3); and (3) the RELATES TO and STATUTORY AUTHORITY paragraphs and Sections 1, 2, 4, and 8 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
503 KAR 1:170. Career Development Program. This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 3 and 18 were amended to replace the term “law enforcement personnel” with “certified peace officer” or “peace officer” to conform with KRS 15.330(1)(d); (2) Section 20 and the forms incorporated by reference were amended to update the forms’ edition dates; (3) KLEC Form CDP-9 was amended to replace “training points” with “educational requirements”; and (4) the STATUTORY AUTHORITY and RELATES TO paragraphs and Sections 1, 3, 7, and 20 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
General Training Provisions
503 KAR 3:090 & E. Department of Criminal Justice Training - Kentucky Police Corps Program. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to specify KRS 15A.150 as statutory authority for this administrative regulation; and (2) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1, 3, and 4 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
503 KAR 3:100 & E. Department of Criminal Justice Training - Kentucky Police corps basic training course cadet conduct requirements; procedures and penalties. In response to questions by Senator Roeding, Mr. Lynn stated that this administrative regulation prohibited cadets from consuming alcoholic beverages during the week while they were participating in the basic training course. Additionally, this administrative regulation prohibited cadets from possessing deadly weapons, except for training purposes. The prohibition did not violate KRS 527.020 because the cadets were not yet peace officers as required by that statute.
This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to specify KRS 15A.150 as statutory authority for this administrative regulation; (2) Section 18 was amended to delete the requirement that a cadet use a form provided by the Department to file a notice of appeal; and (3) the RELATES TO paragraph and Sections 1, 2, 4, 6, 8, 9, 10, 11, 14, 15, and 16 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Education, Arts, and Humanities Cabinet: Kentucky Board of Education: Department of Education: Office of District Support Services: School Administration and Finance
702 KAR 5:080. Bus drivers' qualifications, responsibilities, and training. Kevin Noland represented the Board.
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, 6, 7, 8, 9, 11, 13, 14, and 16 to 28 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
702 KAR 5:130. Vehicles designed to carry nine (9) passengers or less, standards for. In response to a question by Senator Roeding, Mr. Noland stated that vehicles which carried more than nine passengers were classified and regulated as school buses. This administrative regulation applied to smaller vehicles, such as vans.
This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to correct statutory citations; and (2) Sections 2, 8, and 9 were amended to comply with the drafting requirements of KRS Chapter 13A.
702 KAR 5:150. Transportation of preschool children. This administrative regulation was amended as follows: Section 3 was amended to comply with KRS Chapter 13A's drafting requirements.
Office of Learning Programs Development: Office of Learning Support Services
704 KAR 7:140. World War II veterans diplomas. In response to questions by Representative Lee, Mr. Noland stated that the Kentucky Board of Education was responsible for promulgating an administrative regulation establishing the criteria and procedures to issue high school diplomas for World War II veterans. The local school boards were responsible for carrying out those procedures. A veteran could initiate the process by contacting the Kentucky Department of Veterans’ Affairs.
This administrative regulation was amended as follows: the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 2 were amended to comply with the drafting requirements of KRS Chapter 13A.
Workforce Development Cabinet: Department of Vocational Rehabilitation: Administration
781 KAR 1:030. Order of selection and economic need test for vocational rehabilitation services. Sue Simon, Counsel, and Mindy Yates represented the Department.
In response to a question by Senator Roeding, Ms. Yates stated that the median adjusted gross income would be reestablished at the end of this calendar year.
This administrative regulation was amended as follows: the RELATES TO paragraph and Section 2 were amended to comply with the drafting requirements of KRS Chapter 13A.
Public Protection and Regulation Cabinet: Department of Insurance: Fees and Taxes
806 KAR 9:030 & E. Adjusters, apprentice adjusters; licenses, restrictions. Carrie Banahan, Division Director, Elizabeth Johnson, Counsel, Suetta Dickinson, Treva Donnell, Director, and Vicki Horn, Counsel, represented the Department.
This administrative regulation was amended as follows: (1) the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 and 2 were amended for clarity; and (2) Sections 4 and 5 were added to incorporate by reference application forms.
806 KAR 9:310 & E. Viatical settlement broker license. This administrative regulation was amended as follows: Sections 2 to 4 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
806 KAR 9:320 & E. Viatical settlement provider license. This administrative regulation was amended as follows: Sections 2 and 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Surplus Lines
806 KAR 10:030 & E. Reporting requirement for broker's statement and surplus lines tax. In response to questions by Senator Roeding, Ms. Horn stated that surplus lines were lines of property and casualty insurance for people seeking coverage who could not find it from a carrier licensed in Kentucky, either because the risk was too great for a Kentucky carrier to accept or because no coverage was offered for that particular operation. This administrative regulation, in response to new statutory requirements, provided forms for the quarterly report of premium taxes by surplus line brokers.
This administrative regulation was amended as follows: (1) Section 1 was amended to insert a definition of "Premium charged"; and (2) Sections 2 to 4 were amended to correct minor technical errors.
Health Insurance Contracts
806 KAR 17:085 & E. Minimum standards for short-term nursing home insurance policies. In response to a question by Senator Roeding, Ms. Banahan stated that a short-term nursing home insurance policy was a long-term care insurance policy that offered benefits for less than twelve months.
This administrative regulation was amended as follows: Sections 1 to 3 and 6 to 8 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
806 KAR 17:150 & E. Health benefit plan rate filing requirements. In response to a question by Senator Roeding, Ms. Banahan stated that the amended rate filing was a reduced fee.
This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to specify citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to add authorizing language; and (3) Sections 2, 3, 6, 8, and 9 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
806 KAR 17:180 & E. Standard health benefit plan and comparison format. In response to questions by Representative Bruce, Ms. Banahan stated that any insurer that participated in the individual or small group market had to offer the standard health benefit plan but they also could offer nonstandard plans which included their choice of benefits.
This administrative regulation was amended as follows: Section 2(1) was amended to comply with the drafting and format requirements of KRS Chapter 13A.
806 KAR 17:310 & E. Prompt payment of claims reporting requirements. In response to a question by Representative Bruce, Ms. Banahan stated that the Department had worked with the Kentucky Medical Association and the Kentucky Hospital Association in drafting the reporting requirements for the prompt payment of claims.
This administrative regulation was amended as follows: the NECESSITY, FUNCTION, AND CONFORMITY paragraph, Section 1, and Section 2 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
806 KAR 17:320 & E. Kentucky Access requirements. This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph, Section 2, and Section 4 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (2) Section 7 was amended for clarity.
806 KAR 17:330 & E. Kentucky Access health benefit plans. In response to a question by Senator Roeding, Ms. Banahan stated that this administrative regulation was amended to reflect legislative changes to Kentucky Access health benefits and to establish a separate deductible for pharmacy and medical.
This administrative regulation was amended as follows: the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
806 KAR 17:360 & E. Prompt payment of claims. In response to a question by Representative Bruce, Ms. Banahan stated that this administrative regulation did not relax the standards for the prompt payment of claims by insurers.
This administrative regulation was amended as follows: the STATUTORY AUTHORITY paragraph was amended to add a citation; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to comply with the drafting and format requirements of KRS Chapter 13A.
806 KAR 17:440 & E. Provider agreement, subcontract agreement, and risk-sharing arrangement agreement and other filing requirements for insurers offering a limited health service benefit plan. In response to a question by Senator Roeding, Ms. Banahan stated that this administrative regulation did not impose a new fee. It merely renamed an existing fee to reflect updated insurance terminology.
This administrative regulation was amended as follows: the NECESSITY, FUNCTION, AND CONFORMITY paragraph, Section 2, and Section 5 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
806 KAR 17:450 & E. Insurance purchasing outlet requirements. In response to a question by Senator Roeding, Ms. Banahan stated that authorizing legislation for insurance purchasing outlets required the Department to establish fees for initial registration and renewals.
This administrative regulation was amended as follows: the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2, 3, 4, 6, 10, and 11 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Department of Housing, Buildings and Construction: Plumbing
815 KAR 20:120. Water supply and distribution. Frank Dempsey, General Counsel, and Tim Faust, Division Director, represented the Department.
This administrative regulation was amended as follows: Section 14 was amended to comply with the drafting requirements of KRS Chapter 13A.
Cabinet for Health Services: Department for Public Health: Communicable Diseases
902 KAR 2:065 & E. Immunization requirements for long term care facilities. Victor Negron and Gary Bevill represented the Department.
In response to questions by Senator Roeding, Mr. Bevill stated that this administrative regulation’s definition of an influenza “outbreak” was modeled on the one issued by the Center for Disease Control and Prevention. The twenty-four (24) hour reporting requirement for an influenza outbreak was necessary for disease intervention and containment. Additionally, a long term care facility was allowed to bill the patient for required immunizations.
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, 3, 4, and 5 were amended to correct technical errors.
Department for Medicaid Services: Services
907 KAR 1:030 & E. Home health agency services. Vera Frazer, Assistant Director, represented the Department.
In response to questions by Senator Roeding, Ms. Frazer stated that due to Medicaid budget concerns, home health care services now required prior authorization. The authorization occurred quickly and a patient had an opportunity to appeal.
This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to add a statutory citation; and (2) Sections 1 to 4 and 6 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
907 KAR 1:160 & E. Home and community based waiver services. This administrative regulation was amended as follows: Sections 1, 2, 3, and 5 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 2:040. Procedures for determining initial and continuing eligibility. Karen Doyle, Roseanne Barkley, Elizabeth Caywood, and Fawn Conley represented the Department.
This administrative regulation was amended as follows: the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 to 3 were amended to correct minor drafting errors.
Protection and Permanency: Child Welfare
922 KAR 1:440 & E. Standards for children's advocacy centers. In response to questions by Senator Roeding, Ms. Caywood stated that there was one children’s advocacy center in each area development district. They were funded by tobacco settlement funds. They provided services primarily to abused children and their custodial non-offending parent or parents. They also provided services to juvenile and adult victims of sexual assault through the sexual assault nurse examiner program.
In response to questions by Representative Bruce, Ms. Caywood stated that each center was operated out of the Governor’s Office by a Board of Directors and an Executive Director.
In response to a question by Chairman Arnold, Ms. Caywood stated that the centers were strategically placed in the area development districts so that all counties had access to them.
This administrative regulation was amended as follows: (1) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; and (2) Sections 1, 2, 4, 6, and 8 were amended to correct minor drafting errors.
Block Grants
922 KAR 3:040 & E. Allocation formula. In response to a question by Senator Roeding, Ms. Doyle stated that this administrative regulation was amended to utilize the proportional share formula because it was required by a federal directive.
This administrative regulation was amended as follows: Sections 1 and 2 were amended to correct minor drafting errors.
The Subcommittee determined that the following administrative regulations complied with statutory authority:
Board of Optometric Examiners
201 KAR 5:037. Advertising. Lisa Howard, President, represented the Board.
Board of Nursing
201 KAR 20:370. Applications for licensure and registration. Nathan Goldman represented the Board.
201 KAR 20:390. Nursing Incentive Scholarship Fund.
201 KAR 20:410. Expungement of records.
Board of Physical Therapy
201 KAR 22:052. Complaint procedure and disciplinary action of licensee, certificant or applicant. Becky Hughes, Executive Director, represented the Board.
Tourism Development Cabinet: Department of Fish and Wildlife Resources: Game
301 KAR 2:140. Requirements for wild turkey hunting. Tom Bennett, Commissioner, and Dr. Jon Gassett, Wildlife Director, represented the Department.
301 KAR 2:142. Spring wild turkey hunting.
301 KAR 2:225 & E. Dove, wood duck, teal, and other migratory game bird hunting.
Hunting and Fishing
301 KAR 3:022. License, tag and permit fees.
301 KAR 3:030. Year-round season for some birds and animals.
Department Of Agriculture: Dog Law Administration
302 KAR 5:041. Repeal of 302 KAR 5:040. Mark Farrow, General Counsel, represented the Department.
Justice Cabinet: Department of Corrections: Office of the Secretary
501 KAR 6:020. Corrections policies and procedures. Jack Damron, Counsel, and Brenn Combs, Counsel, represented the Department.
501 KAR 6:040. Kentucky State Penitentiary.
501 KAR 6:110. Roederer Correctional Complex.
501 KAR 6:130. Western Kentucky Correctional Complex.
501 KAR 6:211. Repeal of 501 KAR 6:210. In response to questions by Chairman Arnold, Mr. Damron stated that 501 KAR 6:210 was no longer needed because it had been replaced by statute.
Education, Arts, And Humanities Cabinet: Kentucky Board of Education: Department of Education: Office of District Support Services: School Administration and Finance
702 KAR 3:060. Procedure for payment of employees. Kevin Noland represented the Board.
Pupil Transportation
702 KAR 5:010. Pupil transportation: technical assistance and monitoring.
702 KAR 5:030. Pupil transportation. In response to questions by Senator Roeding, Mr. Noland stated that this administrative regulation repeated discipline standards from prior pupil transportation administrative regulations. The bus drivers were trained on these standards. If a bus driver reported a student discipline problem to the principal, this administrative regulation provided the principal discretion in choosing an appropriate response based on the severity of the discipline problem.
In response to questions by Chairman Arnold, Mr. Noland stated that in extreme situations, bus drivers were allowed to evict children from the school bus but could not leave them stranded.
702 KAR 5:041. Repeal of 702 KAR 5:040, 702 KAR 5:050, 702 KAR 5:070, and 702 KAR 5:090.
Public Protection And Regulation Cabinet: Department of Insurance: Fees and Taxes
806 KAR 4:010 & E. Fees of the Department of Insurance. Carrie Banahan, Division Director, Elizabeth Johnson, Counsel, Suetta Dickinson, Treva Donnell, Director, and Vicki Horn, Counsel, represented the Department.
In response to a question from Senator Roeding, Ms. Dickinson stated that this administrative regulation established a new licensure fee because by statute, agent licensing had been separated from agent appointments. The licensure fee would apply only to new agents.
In response to questions from Representative Allen, Ms. Dickinson stated that the fee was required so the Department could afford to perform the new licensure process.
In response to questions by Senator Pendleton, Ms. Dickinson stated that the insurance industry supported the separation of licensing and appointments. Additionally, the Department drafted this administrative regulation to be revenue neutral in implementing that separation. The Department had not received any negative comments in response to the new fee.
In response to questions by Representative Lee, Ms. Donnell stated that new agents favored the separation and the fee because it provided them with greater independence. Previously, the agent needed a sponsoring insurer to appoint the agent before the agent could be licensed. Now, the agent could apply for a license independently. The fee reimbursed the Department for the costs they incurred in performing the licensure process. The fee should generate about $2,000 a year for the Department, depending on the number of new licensure applicants.
In response to questions by Senator Pendleton, Ms. Donnell stated that the Department completed a three step process in deciding whether to grant an applicant a license. First, the Department utilized an in-house national database to determine whether the applicant had committed any insurance violations in other states. Then, the Department obtained a criminal background check on the applicant from the Administrative Office of the Courts. Lastly, the Department’s attorneys analyzed the compiled data on the applicant. Once a license was granted, the agent did not have to pay a renewal fee if the license remained active.
This administrative regulation was approved on a roll call vote, with Senator Roeding, Senator Pendleton, Chairman Arnold, Representative Bruce, and Representative Lee voting in support of this administrative regulation and Representative Allen voting in opposition to this administrative regulation.
Agents, Consultants, Solicitors and Adjusters
806 KAR 9:190 & E. Disclosure requirements for financial institutions authorized to engage in insurance agency activities. In response to a question from Representative Bruce, Ms. Dickinson stated that this administrative regulation removed the customer signature and date requirements for the financial institution disclosure form because they were no longer required by federal law.
806 KAR 9:331E. Repeal of 806 KAR 9:330.
Health Maintenance Organizations
806 KAR 38:021E. Repeal of 806 KAR 38:020.
Prepaid Dental Plan Organization
806 KAR 43:011E. Repeal of 806 KAR 43:010.
Liability Self-insurance Groups
806 KAR 46:021E. Repeal of 806 KAR 46:020.
Cabinet For Health Services: Department for Public Health: Controlled Substances
902 KAR 55:035. Schedule V substances. Jim Carreer, Legislative Liaison, represented the Department.
In response to a question by Senator Roeding, Mr. Carreer stated that this administrative regulation was amended to classify buprenorphine as a Schedule III rather than a Schedule V substance.
922 KAR 1:450 & E. Eligibility confirmation for tuition waiver. In response to questions by Senator Roeding, Ms. Conley stated that a foster or adopted child initiated the tuition waiver process through the financial aid office of the school the student was interested in attending. The tuition waiver applied to any Kentucky public education institution including technical and community colleges.
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 For Technology: Telehealth Board
10 KAR 3:050 & E. Establishing protocols and standards for telehealth network training centers and rural sites.
Education Professional Standards Board: General Administration
16 KAR 1:040 & E. Teachers' National Certification Incentive Trust Fund.
Office Of The Attorney General: Division of Consumer Protection
40 KAR 2:070 & E. Procedure for registration of telemarketing companies.
40 KAR 2:077. Update of zero call list.
40 KAR 2:078. Interface with federal database.
Board of Dentistry
201 KAR 8:460. Administration of anesthesia by dental hygienists.
Department Of Agriculture: Livestock Sanitation
302 KAR 20:010. Definitions.
302 KAR 20:100. Garbage.
Natural Resources And Environmental Protection Cabinet: Department for Environmental Protection: Division of Waste Management: Underground Storage Tanks
401 KAR 42:005E. Definitions related to 401 KAR Chapter 42.
Division for Air Quality: General Standards of Performance
401 KAR 63:105. Requirements for control technology determinations for major sources in accordance with Clean Air Act section 112(g) and (j).
Environmental Protection
401 KAR 100:100. Remediation requirements.
Justice Cabinet: Department of State Police: Personnel; General
502 KAR 5:020. Code of ethics.
Concealed Deadly Weapons
503 KAR 4:040E. Required instructor training.
503 KAR 4:050E. Required content and conduct of the applicant training course.
503 KAR 4:060E. Reporting test scores and issuing certificates of completion.
503 KAR 4:080E. Repeal of 503 KAR 4:030 and 503 KAR 4:070.
Public Protection And Regulation Cabinet: Department of Insurance: Health Insurance Contracts
806 KAR 17:095E. Reimbursement for general anesthesia and facility charges for dental procedures.
Cabinet For Health Services: Department for Medicaid Services: Sanitation
902 KAR 10:046E. Repeal of 902 KAR 10:045.
902 KAR 10:180 & E. Tattoo, body piercing and permanent makeup administrative regulation.
Services
907 KAR 1:006E. Coverage of and payment for services for persons eligible for benefits under Title XVIII.
907 KAR 1:008E. Ambulatory surgical center services and reimbursement.
907 KAR 1:015E. Payments for hospital outpatient services.
907 KAR 1:065E. Payments for price-based nursing facility services.
907 KAR 1:155E. Payments for 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 1:520E. Payments for targeted case management services for adults with chronic mental illness.
907 KAR 1:530E. payments for targeted case management services for severely emotionally disturbed children.
907 KAR 1:800E. Breast and cervical cancer eligibility for Medicaid.
Payment and Services
907 KAR 3:030E. Coverage and payments for IMPACT Plus services.
907 KAR 3:110E. community mental health center substance abuse services.
Office of Aging Services: Aging Services
910 KAR 1:180E. Homecare program for the elderly.
Commission for Children with Special Health Care Needs: Kentucky Early Intervention System
911 KAR 2:120E. Kentucky Early Intervention Program evaluation and eligibility.
911 KAR 2:200E. Coverage and payment for Kentucky Early Intervention Program services.
Cabinet For Families And Children: Department of Community Based Services: Family Support: K-Tap, Kentucky Works, Welfare to Work, State Supplementation
921 KAR 2:520. Work Incentive or "WIN".
Food Stamp Program
921 KAR 3:020E. Financial requirements.
921 KAR 3:025E. Technical requirements.
Energy Assistance Program/Weatherization
921 KAR 4:116E. Low Income Home Energy Assistance Program or "LIHEAP".
Protection and Permanency: Child Welfare
922 KAR 1:460. Standards for youth wilderness camps.
922 KAR 1:490E. Background checks for foster and adoptive parents and reporting requirements.
Adult Services
922 KAR 5:070. Adult protective services.
922 KAR 5:090. General adult services.
922 KAR 5:101. Repeal of 922 KAR 5:100.
The Subcommittee adjourned at 12:15 p.m. until January 14, 2003, at 10 a.m. in Room 149 of the Capitol Annex.