The March meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, March 11, 2003, at 3:00 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; Senator Joey Pendleton; Representatives James Bruce and Jimmie Lee.
Guests: Hanson Williams, Personnel Board; Ellen Benzing, Department of Fish and Wildlife; Mark Farrow, Department of Agriculture; Mark Mangeot, Robert Daniell, Lori Terry, Natural Resources and Environmental Protection Cabinet; Brenn O. Combs, Jack Damron, Brenda Priestley, Department of Corrections; Clay Lamb, Chandra Jones, Cabinet for Workforce Development, Frank Dempsey, Department of Housing, Building, and Construction; Alex Reese, Kathy Kristra, John Walker, Cabinet for Health Services; Shirley Eldridge, Karen Doyle, Rosanne Barkley, Stephanie Brammer-Barnes, Dot Darby-Paschall, Cabinet for Families and Children.
LRC Staff: Dave Nicholas, 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:
Personnel Board: Board
101 KAR 1:325. Probationary periods. 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) Section 2 was amended to specify that the notification be: (a) written; and (b) sent to the employee.
Board of Pharmacy
201 KAR 2:270. Expungement. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to add a statutory citation; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 2 were amended for clarity and to comply with the drafting and format requirements of KRS Chapter 13A.
201 KAR 2:280. Prescription dispensing for formulary compliance. In response to a question by Representative Bruce, Subcommittee staff stated that this administrative regulation established procedures to enable a physician to prescribe a drug that was therapeutically equivalent to the one included in a patient's insurance formulary.
This administrative regulation was amended as follows: (1) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to add a statutory citation; and (2) Section 1 was amended for increased clarity and to comply with the drafting and format requirements of KRS Chapter 13A.
Board of Nursing
201 KAR 20:056. Advanced registered nurse practitioner registration, program requirements, recognition of a national certifying organization. This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to insert authorizing language; (2) Sections 1, 7, and 9 were amended to specify citations; and (3) Sections 2 to 5 and 8 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
201 KAR 20:057. Scope and standards of practice of advanced registered nurse practitioners. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to cite to an authorizing statute; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to insert authorizing language; and (3) Sections 2, 4, 6, 8, and 9 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
201 KAR 20:215. Continuing competency requirements. This administrative regulation was amended as follows: Section 5 was amended to correct a citation.
201 KAR 20:310. Faculty for prelicensure registered nurse and practical nurse programs. This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to insert authorizing language; (2) Section 1 was amended for clarification; and (3) the STATUTORY AUTHORITY paragraph and Sections 1 and 2 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Tourism Development Cabinet: Department of Fish and Wildlife Resources: Fish
301 KAR 1:019. Cedar Creek Lake. Ellen Benzing, Counsel, represented the Department.
This administrative regulation was amended as follows: Section 2 was amended to remove the restriction for boats with a motor that exceeds 150 horsepower to make this administrative regulation consistent with the provisions of 301 KAR 1:015.
Game
301 KAR 2:221 & E. Waterfowl seasons and limits. This administrative regulation was amended as follows: Sections 1 and 4 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Department of Agriculture: Pesticides
302 KAR 31:040. Storage and handling of pesticides and bulk fertilizer. Mark Farrow, General Counsel, represented the Department.
This administrative regulation was amended as follows: (1) Section 1 was amended to delete definitions for unused terms and to establish a definition for "repackaging"; and (2) Sections 2, 4, and 5 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Natural Resources and Environmental Protection Cabinet: Department for Environmental Protection: Underground Storage Tanks
401 KAR 42:005 & E. Definitions related to 401 KAR Chapter 42. Robert Daniell, Director, Division of Waste Management, and Lori Terry, Manager, Underground Storage Tanks, represented the Department.
This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY and the NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to specify citations; (2) Section 1 was amended to cite to statutory definitions; and (3) Section 1 was 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, and Brenn Combs, Counsel, represented the Department.
This administrative regulation was amended as follows: Section 1 and various policies were amended to update citations.
501 KAR 6:060. Northpoint Training Center. This administrative regulation was amended as follows: Section 1 and various policies were amended to update citations.
501 KAR 6:090. Frankfort Career Development Center. This administrative regulation was amended as follows: Section 1 and FCDC 02-13-01 were amended to update a citation.
501 KAR 6:130. Western Kentucky Correctional Complex. This administrative regulation was amended as follows: Section 1 and various policies were amended to update citations.
501 KAR 6:999. Corrections' secured policies and procedures. Pursuant to KRS 61.180(1)(i) and (k), KRS 61.815(2), and KRS 197.025(6), the Subcommittee went into closed session to review this administrative regulation.
Workforce Development Cabinet: Department for the Blind: Development for the Blind
782 KAR 1:070. Certified driver training program. Clay Lamb and Chandra Jones represented the Cabinet.
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.
Public Protection and Regulation Cabinet: Department of Financial Institutions: Securities
808 KAR 10:260. Examination requirement for individuals advising the public on securities, broker-dealers, and agents. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (2) Sections 2 and 4 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (3) Section 2 was amended to add to the list of exemptions an individual who, as of January 1, 2003, had been engaged in the securities business as a licensed agent of a broker-dealer for at least fifteen (15) years, and had no reportable disclosures on that person’s Form U-4.
Department of Housing, Buildings and Construction: Kentucky Building Code
815 KAR 7:120. Kentucky Building Code/2002. Frank Dempsey, General Counsel, represented the Department.
This administrative regulation was amended as follows: Sections 1 to 5 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
815 KAR 7:125. Kentucky Residential Code/2002. This administrative regulation was amended as follows: Sections 2 and 3 were amended to comply with the drafting requirements of KRS Chapter 13A.
Cabinet for Health Services: Department for Public Health: Health Services and Facilities
902 KAR 20:008. License procedures and fee schedule. Alex Reese, Office of Inspector General, represented the Department.
In response to questions by Representative Bruce, Mr. Reese stated that the amendments to this administrative regulation increased the fees for health services, hospitals, nursing facilities, and ambulatory surgical centers by four (4) percent to coincide with inflation. Specifically, the annual ambulatory surgical center fee was increasing from $259 to $270.
This administrative regulation was amended as follows: (1) the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; and (2) Section 2 was amended for clarity and to comply with the drafting and format requirements of KRS Chapter 13A.
Department for Medicaid Services: Medicaid Services
907 KAR 1:008 & E. Ambulatory surgical center services and reimbursement. Kathy Kristra, Chairperson, Medicaid Steering Committee, and John Walker, Office of General Counsel, represented the Department.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (2) Sections 2 and 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
907 KAR 1:320 & E. Kentucky Patient Access and Care System (KenPAC). This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph and Section 1 were amended to correct statutory citations; (2) Sections 1, 3, 4, 6, 7, 8, 11, 13, and 16 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (3) Section 16(4) was amended to require that a request for reconsideration be made in writing within ten (10) days of the date the recipient receives the notification letter, rather than seven (7) days of the date of the Department’s letter.
907 KAR 1:604 & E. Recipient cost-sharing. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 2 were amended to: (a) comply with the drafting requirements of KRS Chapter 13A; (b) delete provisions that repeated statutory language contained in KRS 205.6312; and (c) establish provisions to comply with federal law to specify that the Department shall indicate on a recipient’s identification card if the recipient was responsible for the copayment.
Cabinet for Families and Children: Department for Community Based Services: Family Support: Food Stamp Program
921 KAR 3:020 & E. Financial requirements. Karen Doyle and Rosanne Barkley represented the Department.
In response to a question by Chairman Arnold, Ms. Doyle stated that the $3000 resource limit for eligibility was the amount of resources a food stamp recipient was allowed to have in the bank.
This administrative regulation was amended as follows: Section 6 was amended to: (1) qualify an otherwise unentitled household if it was billed for two utility sources; (2) add "telephone" to the list of eligible utilities; and (3) permit the use of actual utility expense for calculation of shelter deductions.
Protection and Permanency: Day Care
922 KAR 2:180. Requirements for unregulated provider registration in the Child Care Assistance Program. Karen Doyle and Stephanie Brammer-Barnes represented the Department.
This administrative regulation was amended as follows: Sections 1 and 3 were amended to renumber, reorganize, and 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.
Board of Physical Therapy
201 KAR 22:111. Repeal of 201 KAR 22:110.
Tourism Development Cabinet: Department of Fish and Wildlife Resources: Game
301 KAR 2:049. Small game and furbearer hunting on public areas. Ellen Benzing, Counsel, represented the Department.
301 KAR 2:111. Deer and turkey hunting on federal areas.
301 KAR 2:222 & E. Waterfowl hunting requirements.
301 KAR 2:251. Hunting and trapping seasons and limits for furbearers and small game.
Hunting and Fishing
301 KAR 3:110 & E. Mobility-impaired hunts for deer, turkey and waterfowl.
Cabinet for Families and Children: Department for Community Based Services: Family Support: Food Stamp Program
921 KAR 3:030. Application process. Karen Doyle and Rosanne Barkley represented the Department.
The Subcommittee and the promulgating administrative agencies agreed to defer consideration of the following administrative regulations to the next meeting of the Subcommittee:
Governor's Office for Technology: Kentucky Information Systems Commission: Information Systems
14 KAR 1:010E. Statewide information technology planning.
Department of State: Registry of Election Finance: Reports and Forms
32 KAR 1:100E. Slate software.
32 KAR 1:190E. Forms for gubernatorial slates of candidates and related filers.
32 KAR 1:200E. Transfers of public funds for gubernatorial slates of candidates.
Department of Law: Office of the Attorney General: Division of Consumer Protection
40 KAR 2:078. Interface with federal database.
Kentucky Employees' Retirement System: General Rules
105 KAR 1:150E. Installment purchase procedures.
105 KAR 1:370E. Kentucky Retirement Systems personnel policies.
State Board for Proprietary Education
201 KAR 40:040E. Commercial driver license training school curriculum.
201 KAR 40:050E. Application for license for commercial driver license training school.
201 KAR 40:060E. Application for renewal of license for commercial driver license training school.
201 KAR 40:070E. Commercial driver license training school instructor and agent application and renewal procedures.
201 KAR 40:080E. Maintenance of student records, schedule of fees charged to students, contracts and agreements involving licensed commercial driver training schools, advertising and solicitation of students by commercial driver license training schools.
201 KAR 40:090E. Complaint procedure against agents, commercial driver license training schools, uncredentialed agents, and uncredentialed commercial driver license training schools.
Natural Resources and Environmental Protection Cabinet: Department for Environmental Protection: 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).
Department for Surface Mining Reclamation and Enforcement: Surface Effects of Noncoal Mining
405 KAR 5:001E. Definitions for 405 KAR Chapter 5.
405 KAR 5:030E. Permit requirements.
405 KAR 5:035E. Signs, markers, and safety barriers.
405 KAR 5:038E. Blasting.
405 KAR 5:045E. Protection of environmental resources.
405 KAR 5:053E. Replacement of water supply.
405 KAR 5:060E. Handling of materials.
405 KAR 5:075E. Contemporaneous reclamation.
405 KAR 5:080E. Reclamation bond.
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.
503 KAR 1:140E. Peace officer professional standards.
Law Enforcement Foundation Program Fund
503 KAR 5:090E. Participation: requirements; application; withdrawal.
Transportation Cabinet: Department of Highways: Division of Professional Services: Professional Engineering and Related Services
600 KAR 6:040. Prequalification of firms for professional engineering or related services.
600 KAR 6:060. Professional engineering service selection committee.
Right of Way
603 KAR 4:035. Log signs; placement along fully-controlled and partially-controlled access highways.
603 KAR 4:040. TODS signs; placement on public roads other than interstates or parkways.
603 KAR 4:045. Cultural and recreational supplemental guide signs and boundary signs.
Labor Cabinet: Occupational Safety and Health
803 KAR 2:180E. Recordkeeping; statistics.
803 KAR 2:406E. Signs, signals, and barricades.
803 KAR 2:500E. Maritime employment.
Cabinet for Health Services: Certificate of Need
900 KAR 6:050E. Certificate of need administrative regulation.
Department for Public Health: Sanitation
902 KAR 10:060. On-site sewage disposal application fee.
State Health Plan
902 KAR 17:041E. State Health Plan for facilities and services.
Department for Medicaid Services: Medicaid Services
907 KAR 1:065E. Payments for price-based nursing facility services.
907 KAR 1:145E. Supports for community living services for an individual with mental retardation or a developmental disability.
907 KAR 1:479E. Durable medical equipment covered benefits and reimbursement.
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 3:090E. Acquired brain injury services.
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 2:130E. Kentucky Early Intervention Program assessment and service planning.
911 KAR 2:200E. Coverage and payment for Kentucky Early Intervention Program services.
Cabinet for Families and Children: Department for Community Based Services: 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.
Food Stamp Program
921 KAR 3:025E. Technical requirements.
Protection and Permanency: Child Welfare
922 KAR 1:490 & E. Background checks for foster and adoptive parents and reporting requirements.
Day Care
922 KAR 2:220. Requirements for the Commonwealth Child-Care Credential.
The Subcommittee adjourned at 3:25 p.m. until April 8, 2003, at 10 a.m., in Room 149 of the Capitol Annex.