The October meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, October 14, 2003, at 10:30 AM, in Room 149 of the Capitol Annex. Representative John Arnold Jr, Co-Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Damon Thayer, Co-Chair; Representative John Arnold Jr, Co-Chair; Senators Joey Pendleton, Richard Roeding, and Gary Tapp; Representatives James Bruce, Jimmie Lee, and Jon David Reinhardt.
Guests: Jill LeMaster, Executive Branch Ethics Commission; Richard Casey, Jo Carole Ellis, Diana Barber, Kentucky Higher Education Assistance Authority; Brenda Allen, Dr. Phillip Rogers, Educational Professional Standards Board; Todd Leatherman, Jason Moseley, Attorney General's Office; Gary Munsie, Board of Dentistry; Bill Schmidt, Lloyd Vest, Board of Medical Licensure; David Cox, Bud Salyer, Board of Engineers and Land Surveyors; Nancy Black, Board for Private Investigators, John Patterson, CMRS Board; Charles M. O'Neal, Rob Rothenburger, Anthony Stratton, Board of Emergency Medical Services; Tom Bennett, Mark Marraccini, Scott Porter, Department of Fish and Wildlife Resources; Terry D. Edwards, Sgt. Adam Whitlock, State Police; Charles Bell, Larry Moore, Jeff Mosley, Wm. J. Denton; Frederick Huggins, Chuck Stribling, Labor Cabinet; Bernard J. Hettel, Racing Commission; Betty Barber, Leah Brown, Charles Douglass, Duane Dringenburg, Marilyn Ferguson, David Hanna, Ellen Hessen, Ann T. Hunsaker, Frank Persinger, Debbie Salleng, Jennifer L. Smith, Carol Stange, Anita Travis, Jessie Williams, Cabinet for Health Services; Rosanne Barkley, Karen Doyle, Shirley Eldridge, Robin Herring, Tim Jackson, Laurel Walls, Bobbie Walters, Cabinet for Families and Children; Lee Brown, KY EMS Academy; John Cooper, KMA/KGA; Charles Heck, Ky. Optometric Association; Jerry McGraw; Eva A. Prewitt, H. Joseph Prewitt, Nelson County EMS.
LRC Staff: Dave Nicholas, Donna Little, Donna Kemper, Karen Smith, Sarah Amburgey, Laura Milam, Ellen Steinberg and Emily Caudill.
Administrative regulations reviewed by the Subcommittee:
Executive Branch Ethics Commission: Commission
9 KAR 1:040. Registration and expenditure statements; financial transactions and termination forms; handbook; and enforcement. Jill LeMaster, Executive Director, represented the Commission.
In response to questions by Representative Bruce, Ms. LeMaster stated that by statute, the Commission could issue fines for violations ranging from $100 to $1000 a day. They rarely issued fines although they had collected $6000 in fines this year. The Commission promulgated this administrative regulation so that their existing in-house operating policies would be in regulatory form.
A motion was made and seconded to approve the following amendments: to amend Section 3 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Kentucky Higher Education Assistance Authority: Kentucky Affordable Prepaid Tuition Plan (KAPT)
Subcommittee Staff stated that the following administrative regulations were being promulgated in response to 2003 House Bill 269 (the budget bill) which transferred the administration, governance, and funds of the Kentucky Affordable Prepaid Tuition Plan program from the Department of Treasury to the Kentucky Higher Education Assistance Authority. Most of the provisions were identical to provisions established currently in 20 KAR Chapter 2, which was being repealed.
11 KAR 17:010. Definitions for 11 KAR Chapter 17. Jo Carole Ellis, Director, and Diana Barber, Assistant General Counsel, represented the Authority.
In response to a question by Senator Roeding, Ms. Ellis stated that this group of administrative regulations established several fees, including a fifty (50) dollar application fee, a ten (10) dollar monthly fee for lateness or delinquency, a fifteen (15) dollar insufficient fund fee, and a $150 cancellation fee. Subcommittee staff added that those fees were identical to the fees charged by the Department of Treasury when they administered the program.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to explain that the budget bill and executive order transferred the program’s authority to KHEAA; (2) to amend Section 1(2) change the definition of “board” to reflect the transfer of authority; and (3) to amend Section 1 to correct two typographical errors. Without objection, and with agreement of the agency, the amendments were approved.
11 KAR 17:040. Applying for a prepaid tuition contract. A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to explain that the budget bill and executive order transferred the program’s authority to KHEAA. Without objection, and with agreement of the agency, the amendments were approved.
11 KAR 17:050. Prepaid tuition contract prices, payments, and default. A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to explain that the budget bill and executive order transferred the program’s authority to KHEAA. Without objection, and with agreement of the agency, the amendments were approved.
11 KAR 17:060. Amendment of a prepaid tuition contract. A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to explain that the budget bill and executive order transferred the program’s authority to KHEAA. Without objection, and with agreement of the agency, the amendments were approved.
11 KAR 17:070. Using prepaid tuition contract benefits. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a statutory citation; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to explain that the budget bill and executive order transferred the program’s authority to KHEAA. Without objection, and with agreement of the agency, the amendments were approved.
11 KAR 17:080. Terminating a prepaid tuition contract. A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to explain that the budget bill and executive order transferred the program’s authority to KHEAA. Without objection, and with agreement of the agency, the amendments were approved.
11 KAR 17:090. Refunds and transfers. A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to explain that the budget bill and executive order transferred the program’s authority to KHEAA. Without objection, and with agreement of the agency, the amendments were approved.
11 KAR 17:100. Administrative fees. A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to explain that the budget bill and executive order transferred the program’s authority to KHEAA. Without objection, and with agreement of the agency, the amendments were approved.
11 KAR 17:110. Grievance procedure. A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to explain that the budget bill and executive order transferred the program’s authority to KHEAA. Without objection, and with agreement of the agency, the amendments were approved.
Education Professional Standards Board: Internship
16 KAR 7:010. Kentucky Teacher Internship Program. Brenda Allen, General Counsel, and Dr. Phillip Rogers, Division Director, represented the Board.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to define “Resource Teacher Time Sheet”; (2) to amend Sections 2 to 9 to: (a) comply with the drafting and format requirements of KRS Chapter 13A; and (b) use the phrases “teacher intern committee” and “teacher intern” consistently; and (3) to amend Section 4 to specify when the requirements for receiving a waiver applied. Without objection, and with agreement of the agency, the amendments were approved.
Department of Treasury: Commonwealth Postsecondary Education Prepaid Tuition Trust Fund
20 KAR 2:011. Repeal of 20 KAR 2:010, 20 KAR 2:040, 20 KAR 2:050, 20 KAR 2:060, 20 KAR 2:070, 20 KAR 2:080, 20 KAR 2:090, 20 KAR 2:100, and 20 KAR 2:110. Jo Carole Ellis, Director, represented the Treasury.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; and (2) to amend the TITLE and Section 1 to correct typographical errors and punctuation. Without objection, and with agreement of the agency, the amendments were approved.
Office of the Attorney General: Department of Law: Division of Consumer Protection
40 KAR 2:161. Repeal of 40 KAR 2:160, 40 KAR 2:170, 40 KAR 2:180, 40 KAR 2:190 and 40 KAR 2:260. Jason Mosely, Assistant Attorney General, and Todd Leatherman, Division Director, represented the Division.
40 KAR 2:340. Contact lens seller annual registration and verification requirements. Jason Mosely, Assistant Attorney General, Todd Leatherman, Division Director, and Darlene Eakin, Executive Director, Kentucky Optometric Association, represented the Division.
In response to a question by Senator Roeding, Mr. Mosely stated that this administrative regulation predominantly impacted out of state contact lens sellers. However, to ensure that physicians had adequate time to respond to requests by contact lens sellers to verify prescriptions, it did establish a response time option which would prevent in or out of state sellers from imposing their desired response times on the physicians.
In response to questions by Co-Chair Arnold, Ms. Eakin stated that physicians and osteopaths who also were opthamologists could prescribe contact lenses.
In response to a question by Representative Reinhardt, Mr. Mosely stated that this administrative regulation closely mirrored the enabling statutes because the statutes dictated the regulatory language and the registration form requirements.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to insert authorizing language; (2) to amend the STATUTORY AUTHORITY paragraph to specify citations; (3) to amend Section 2 to delete language which repeated the statutes, in accordance with KRS 13A.120(2)(e); and (4) to amend the administrative regulation throughout to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
General Government Cabinet: Board of Medical Licensure
201 KAR 9:350. Expungement. Bill Schmidt, Executive Director, and Lloyd Vest, Counsel, represented the Board.
In response to questions by Senator Roeding, Mr. Vest stated that this administrative regulation affected athletic trainers because they were one of the groups the board regulated.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; and (2) to amend Section 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Professional Engineers and Land Surveyors
201 KAR 18:040. Fees. David Cox, Executive Director, and Bud Salyer, General Counsel, represented the Board.
In response to a question by Senator Tapp, Mr. Cox stated that the seventy-five (75) dollar fee was a licensure fee for a one (1) year period. The $150 licensure fee would cover licensure for two (2) years.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; and (2) to amend Sections 2, 4, and 5 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board for Private Investigators
201 KAR 41:030. Examination. Nancy Black represented the Board.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 2 to comply with the drafting requirements of KRS Chapter 13A and to clarify provisions relating to the examination. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 41:040. Fees. In response to questions by Senator Roeding, Ms. Black stated that this administrative regulation established new fees because the Board for Private Investigators was newly created.
In response to questions by Representative Reinhardt, Ms. Black stated that there were seven (7) board members. The board had determined the fees based on the number of anticipated private investigator licensees and the expected operating costs of the licensure board. The initial licensure application fee was $500. The applicant also was required to pay for the criminal history background check and the examination fee charged by the examination contractor.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; (2) to amend Section 1 to eliminate the initial license fee and to make the application fee partially payable when the application was submitted with the remainder submitted upon completion of the application process; and (3) to amend Sections 2, 4, and 5 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Commercial Mobile Radio Service Emergency Telecommunications Board of Kentucky: Board
202 KAR 6:100. PSAP Phase II certification. John Patterson, Administrator, represented the Board.
In response to a question by Senator Roeding, Mr. Patterson stated that the Commercial Mobile Radio Service Fund was generated by the surcharges on wireless telephones and was used to create 911 technology for those phones.
A motion was made and seconded to approve the following amendments: to amend Sections 2, 3, 4, and 8 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Kentucky Board of Emergency Medical Services: Board
202 KAR 7:010. Definitions. Anthony Stratton, Anderson County Judge Executive, Board Chair, Rob Rothenburger, Charles O'Neal, Deputy Executive Director, and Patricia Bausch, Counsel, represented the Board. Lee Brown, Director, Kentucky Emergency Medical Services (EMS) Academy at Western Kentucky University, and Jerry McGraw, attorney and instructor-trainer, appeared in opposition to these administrative regulations.
Mr. McGraw stated that he had several concerns about this group of administrative regulations: (1) that they were drafted by a committee operating outside of the open meeting and open records laws so that the public could not provide input early in the process; (2) that some of the fees were prohibitive for volunteer emergency services personnel and instructors which would result in decreased numbers of them; (3) that an applicant's right to due process was infringed by the prohibition against certifying or licensing an applicant who had participated in a felony-diversion program; and (4) that there were insufficient requirements and quality controls for EMT instructors.
Ms. Bausch stated that the Board's enabling statutes, KRS Chapter 311A, prohibited the Board from licensing or certifying an applicant who had participated in a felony-diversion program. Additionally, the Board did not deny Mr. McGraw's open record request. The Board merely required that the request be in writing in accordance with KRS Chapter 61.800.
In response to a question by Representative Reinhardt, Ms. Bausch stated that a felony-diversion did appear on criminal records checks.
Co-Chair Arnold requested that the Board meet with Mr. McGraw and discuss his concerns regarding these administrative regulations. The Board agreed to do so and to make any necessary amendments to these administrative regulations during the second legislative committee review of them.
A motion was made and seconded to approve the following amendments: to amend the STATUTORY AUTHORITY and the NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Section 1 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
202 KAR 7:020. Board organization. A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 5, and 6 were to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
202 KAR 7:030. Fees of the board. In response to a question by Co-Chair Thayer, Mr. O'Neal stated that the fees for emergency medical services had not been increased in over twenty (20) years. This administrative regulation actually decreased the first responder fees because most first responders were volunteers. It increased the EMT recertification fee by one (1) dollar and established a forty (40) dollar paramedic relicensure fee, which represented about nine hours of paramedic work. The Board felt like the fee increases were reasonable, especially since most of them were imposed on the providers and the Board had consulted with them in determining the amount of the fees. Additionally, the fees were comparable to or more favorable than those of surrounding states.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2, 3, 4, and 6 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
202 KAR 7:055. Advisory opinions. In response to a question by Senator Roeding, Mr. O'Neal stated that an advisory opinion was the Board's official opinion on how an administrative regulation was interpreted or how it applied to a particular situation.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2 and 5 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
202 KAR 7:201. First responders. A motion was made and seconded to approve the following amendments: to amend the RELATES TO and the NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1, 2, 3, 4, 6, 8, and 9 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
202 KAR 7:301. EMT. A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 3, 4, 6, 8, and 9 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
202 KAR 7:401. Paramedics. In response to a question from Senator Roeding, Mr. O'Neal stated that that the reciprocity provisions in this administrative regulation and 202 KAR 7:201 and 7:301 contained the same requirements that currently existed.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2, 3, 10, 11, 12, 14, and 15 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
202 KAR 7:462. Repeal of 202 KAR 7:461.
202 KAR 7:501. Ambulance providers and medical first response agencies. A motion was made and seconded to approve the following amendments: to amend Sections 2 to 8, 11, 12, 15, and 16 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
202 KAR 7:510. Air ambulance services. A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 7, 9, 10, 13, and 14 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
202 KAR 7:601. Training, education, and continuing education. In response to a question by Representative Reinhardt, Mr. O'Neal stated that the Board had received some complaints regarding the credentialing requirements for paramedic instructors. Currently, there was not a credentialing process for paramedic instructors. The Board established one in this administrative regulation to provide some quality controls for the instructors. The Board had developed the requirements with the Kentucky EMT Instructor Association and believed them to be reasonable.
Ms. Brown stated that the Kentucky EMS Academy and other EMS institutions were opposed to a provision of this administrative regulation that was added after the public hearing on it. The new provision required the Board to conduct all written examinations for any level certified or licensed by the Board. They requested that the institutions also be allowed to conduct the written examinations because those testing fees offset the cost of administering the more expensive practical skills examinations.
In response to questions by Representative Bruce, Ms. Brown stated that the Kentucky EMS Academy provided first responder, EMT, and paramedic training courses. If they were not included as a testing agency for the written examinations, they would have to increase the fees for the skills examinations or their students would have to take them out of state.
Mr. O'Neal stated that the Board had established the testing provision to maintain security over the testing documents. The Board was willing to review the testing requirements with the Academy and consider amending them at a later time, but wanted to continue through the regulatory process with this version of the administrative regulation.
Representative Lee stated that any needed amendments could be made when the second legislative committee reviewed this administrative regulation. The Board agreed to do so.
A motion was made and seconded to approve the following amendments: to amend Sections 2, 3, 4, 18, 19, 21, and 24 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
202 KAR 7:701. Scope of practice matters. A motion was made and seconded to approve the following amendments: to amend Sections 1 to 7 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
202 KAR 7:801. Medical directors. In response to a question by Representative Reinhardt, Mr. O'Neal stated that the Board had received some complaints regarding the qualification requirements for Emergency Medical Services medical directors. The qualification provisions in this administrative regulation mimicked the existing requirements and required medical directors to be physicians and to have three types of training for the pre-hospital arena: advanced cardiac life support, pediatric advanced life support, and advanced trauma life support. Many paramedics, surgeons, and physicians in trauma units already participated in those types of training and the training courses were accessible throughout the state.
A motion was made and seconded to approve the following amendments: to amend Section 1 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Tourism Development Cabinet: Department of Fish and Wildlife Resources: Hunting and Fishing
301 KAR 3:022. License, tag and permit fees. Tom Bennett, Commissioner, represented the Department.
Justice Cabinet: Department of State Police: Driver Training
502 KAR 10:110. Commercial driver's license skill testing. Terry Edwards, Legal Office, and Sgt. Adam Whitlock represented the Department.
In response to a question by Co-Chair Arnold, Mr. Edwards stated that federal regulations required a licensure applicant to have an acuity in each eye of 20/40. The physician or chiropractor performing the physical examination on the applicant could make that determination rather referring them to an optometrist for a separate examination.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to establish definitions for "arm's-length relationship," "CDL," and "KCTCS"; (2) to amend Section 5 to establish testing prohibitions and requirements for trucking school employees; and (3) to amend the STATUTORY AUTHORITY and the NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1, 2, 4, 5, 6, and 8 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Workforce Development Cabinet: Department for Technical Education: Personnel System for Certified and Equivalent Employees
780 KAR 3:080. Extent and duration of school term, use of school days and extended employment. William Denton, Ombudsman, and Jeff Mosley, General Counsel, represented the Department.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; (2) to amend Sections 1 to 5 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to add Section 6 to incorporate by reference the required application. Without objection, and with agreement of the agency, the amendments were approved.
Department for Employment Services: Unemployment Insurance
787 KAR 1:090. Unemployed worker's reporting requirements. Larry Moore, Policy Analyst, and Charles Bell, Assistant Director, represented the Department.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to make a minor clarification; and (2) to amend Section 2 to delete unnecessary language. Without objection, and with agreement of the agency, the amendments were approved.
Labor Cabinet: Occupational Safety and Health
803 KAR 2:304. Exit routes, emergency action plans, and fire prevention plans. Fred Huggins, Counsel, and Chuck Stribling, Safety Specialist, represented the Cabinet.
803 KAR 2:307. Hazardous materials.
803 KAR 2:311. Fire protection.
803 KAR 2:317. Special industries.
803 KAR 2:320. Air contaminants.
Public Protection and Regulation Cabinet: Kentucky Racing Commission: Thoroughbred Racing
810 KAR 1:027. Entries, subscriptions, and declarations. Bernie Hettel, Executive Director, represented the Commission.
A motion was made and seconded to approve the following amendments: to amend Sections 8, 9, and 16 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Cabinet for Health Services: Department for Public Health: Food and Cosmetics
902 KAR 45:070. Body piercing. Jim Carreer, Legislative Liaison, and Anita Travis, Branch Manager, represented the Department.
In response to a question by Senator Roeding, Ms. Travis stated that this administrative regulation included a twenty (20) dollar annual body piercer registration fee that was prescribed by statute and established a 100 dollar annual studio inspection fee.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to establish a definition for "Limited Ear Piercer"; (2) pursuant to KRS 211.760, to amend Section 2 to delete the exemption for limited ear piercers from the requirements of this administrative regulation in its entirety; (3) to amend Section 12 to exempt Limited Ear Piercers from the facility, cleaning and sterilization, waste disposal, and operation and performance requirements for body piercers and to establish standard operating procedures for limited ear piercing; (4) to amend Sections 13 and 14 to prohibit limited ear piercers from operating mobile or temporary studios; and (5) to amend Sections 1 to 20 to clarify their applicability to body piercers or limited ear piercers and to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 45:090 & E. Farmers markets. In response to questions by Senator Roeding, Ms. Travis stated that under this administrative regulation, processors did not have a certification fee and microprocessors had a fifty (50) dollar certification fee. Additionally, the University of Kentucky charged the microprocessors a course fee and a fee for the recipe review for the processing authority. Processors created lesser risk products such as jams and jellies. Microprocessors created higher risk acidic products such as pickles, salsas, and canned vegetables. A separate administrative regulation applied to honey.
In response to questions by Representative Bruce, Ms. Travis stated that the fifty (50) dollar microprocessing fee offset the cost of inspecting the microprocessing facilities in the home where the microprocessing was conducted.
Representative Bruce stated that he was concerned about the appropriateness of the home inspection requirement and its fee.
Co-Chair Thayer stated that this administrative regulation implemented House Bill 391 from the 2003 Session of the General Assembly. House Bill 391 enabled farmers to diversify and more easily market their products yet also protected consumers by including the inspection requirement. He commended Representative Charlie Hoffman for sponsoring the bill and the Cabinet for generating this administrative regulation to implement it. Because this program was good for the farmers and the consumers, he wanted the Cabinet to make the program work.
In response to questions by Co-Chair Thayer, Ms. Travis reviewed the microprocessing fees and the rationale behind them and stated that there had not been any complaints regarding the fees.
Representative Bruce stated that the explanation for the fees alleviated his concern. Because the Cabinet had objected to the passage of House Bill 391, he wanted to ensure that their regulatory requirements implementing it were fair. The Subcommittee was willing to reconsider this administrative regulation if the Cabinet's administration of it became too stringent.
In response to questions by Senator Pendleton, Ms. Travis stated that this administrative regulation prohibited the products from being sold over the internet because federal regulations prohibited them from crossing state lines and Kentucky statutes prohibited them from being sold in retail sales. For internet sales, such as gift baskets, the seller would need to be a commercial facility or the products would need to be processed in a permitted kitchen.
In response to questions by Senator Roeding, Ms. Travis stated that if an individual farmer wished to expand the marketing of his products beyond farmers markets to wholesale, mass market, or across state lines, the farmer needed a commercial permit. The Cabinet assisted the farmer either to locate a permitted kitchen to produce the products in or to develop a permitted facility on his own property.
In response to a question by Co-Chair Arnold, Ms. Travis stated that currently, there were not any certified microprocessors to inspect.
In response to questions by Representative Reinhardt, Ms. Travis stated that the Cabinet believed the regulatory requirements for home-based processed products were achievable. The Cabinet had not received any complaints about the requirements. While the Cabinet had been concerned about the passage of House Bill 391, once it was enacted, they implemented regulatory requirements and approached the regulated processors in a positive manner.
A motion was made and seconded to approve the following amendments: (1) to amend Section 19 to incorporate by reference the required forms; and (2) to amend the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1, 2, 3, 8, 9, 10, 11, 14, 15, 17, and 19 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department for Medicaid Services: Medicaid Services
907 KAR 1:155 & E. Payments for supports for community living services for an individual with mental retardation or a developmental disability. David Hanna, Director, Ellen Hessen, Counsel, Jessie Williams, Manager, Frank Persinger, Financial Director, Duane Dringenburg, Division Director, and Ann Hunsaker, Assistant Counsel, represented the Department.
In response to a question by Senator Tapp, Ms. Hessen stated that she would follow up on his request from the previous Subcommittee meeting for a list of providers that the Department had consulted with in developing the level of care criteria in 907 KAR 1:022.
In response to questions by Senator Roeding, Mr. Hanna stated that this administrative regulation established more uniform payments across the state for supports for community living services. In the past, the payment rates had varied widely. The new rates increased payments for about thirty (30) percent of the providers and decreased payments for about seventy (70) percent of the providers. Most decreases were less than ten (10) percent. Only one adversely affected provider in Elizabethtown decided to close as a result of the new rates.
Representative Lee stated that in the past, the Department had intentionally varied the payment rates to attract new providers. The Department had inflated the rates of new providers as an incentive and to reimburse them for their starting costs. Now that those providers were established, their rates needed to be readjusted so that all providers were receiving the marketplace rate.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 3, 4, 7, 8, and 10 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 10 to delete from the incorporation by reference section three items that were no longer used. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:520. Payments for targeted case management services for adults with chronic mental illness. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to add statutory citations; and (2) to amend Section 2 to revise the reimbursement provisions as requested by the Department, including: (a) specifying that the reimbursement shall not exceed 130% of the median reasonable cost per unit of all providers; (b) deleting the provision that prohibited the total payments from exceeding a provider’s 2002 audited cost report; and (c) revising the requirements for the service contacts. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:530. Payments for targeted case management services for severely emotionally disturbed children. In response to a question by Senator Roeding, Mr. Hanna stated that the Department developed the payment methodology in this administrative regulation in conjunction with the community mental health centers. The centers preferred this methodology rather than the flat rated proposed by the Department in 2002.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to add statutory citations; (2) to amend the TITLE and the NECESSITY, FUNCTION, AND CONFORMITY paragraph to reference “children with a severe emotional disability”; and (3) to amend Section 2 to revise the reimbursement provisions as requested by the Department, including: (a) specifying that the reimbursement shall not exceed 130% of the median reasonable cost per unit of all providers; (b) deleting the provision that prohibited the total payments from exceeding a provider’s 2002 audited cost report; and (c) revising the requirements for the service contacts. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:604 & E. Recipient cost-sharing. A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, and 3 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Section 2 to provide that: (a) services provided by an optometrist shall have a required copayment until November 30, 2003; and (b) effective December 1, 2003, general ophthalmological services provided by an optometrist shall have a required copayment. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:655 & E. Spousal impoverishment and nursing facility requirements for Medicaid. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; and (2) to amend Sections 1 and 3 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Payments and Services
907 KAR 3:110 & E. Community mental health center substance abuse services. A motion was made and seconded to approve the following amendments: (1) to amend Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, and 13 to: (a) clarify requirements; and (b) comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 4(5) to delete language requiring a recipient to be over age sixty-five. Without objection, and with agreement of the agency, the amendments were approved.
Cabinet for Families and Children: Administration
920 KAR 1:060. Protection of human subjects. Tim Jackson, Deputy Secretary, represented the Cabinet.
A motion was made and seconded to approve the following amendments: to amend various sections to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department for Community Based Services: Protection and Permanency: Day Care
922 KAR 2:100. Certification of family child care homes. Robin Herring, Branch Manager, Karen Doyle, and Rosanne Barkley represented the Department.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to specify citations; and (2) to amend various sections to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
The Subcommittee and the promulgating administrative agencies agreed to defer consideration of the following administrative regulations to the next meeting of the Subcommittee:
Kentucky Higher Education Assistance Authority: Authority
11 KAR 4:040. Educational institution participation requirements.
Revenue Cabinet: Income Tax; Withholding
103 KAR 18:050. Withholding statements.
Kentucky Employees' Retirement Systems: General Rules
105 KAR 1:380E. Minimum distribution.
Finance and Administration Cabinet: Office of the Secretary: Purchasing
200 KAR 5:015. Legal documents.
200 KAR 5:021. Manual of policies and procedures.
200 KAR 5:051. Repeal of 200 KAR 5:025, 200 KAR 5:050 and 200 KAR 5:304.
200 KAR 5:076. Small and small minority business set asides.
200 KAR 5:302. Delegation of authority.
200 KAR 5:305. Performance bonds; forms; payments.
200 KAR 5:306. Competitive sealed bidding.
200 KAR 5:307. Competitively negotiated contracts.
200 KAR 5:309. Noncompetitive negotiations.
200 KAR 5:310. Multiple contracts.
200 KAR 5:311. Contract modifications.
200 KAR 5:312. Termination of contracts.
200 KAR 5:313. General and special conditions for bidding.
200 KAR 5:314. Disclosure of contractor's financial records and information to certain governmental entities.
200 KAR 5:315. Disciplinary action for failure to perform.
200 KAR 5:317. Cost principles.
200 KAR 5:325. Consideration to be given to use of Kentucky-made wood products.
200 KAR 5:330. Purchase of goods, supplies, equipment, materials and printing with minimum recycled content.
General Government Cabinet: Board of Optometric Examiners
201 KAR 5:010. Application for licensure; endorsement.
Board of Dentistry
201 KAR 8:490. Expungement of records.
Department of Agriculture: Organic Agricultural Product Certification
302 KAR 40:010. Certification of organic production, processing, or handling operations.
Justice Cabinet: Department of State Police: Driver Training
502 KAR 10:100. Operator's license skill testing.
Public Protection and Regulation Cabinet: Department of Insurance: Health Insurance Contracts
806 KAR 17:180 & E. Standard health benefit plan and comparison format.
Department of Housing, Buildings and Construction: Electrical Inspectors
815 KAR 35:040 & E. Licensing of electrical contractors, electricians, and master electricians.
Cabinet for Health Services: Department for Public Health: Food and Cosmetics
902 KAR 45:065E. Tattooing.
Department for Medicaid Services: Payments and Services
907 KAR 3:005. Physicians' services.
907 KAR 3:010. Reimbursement for physicians' services.
The Subcommittee adjourned at 12:20 p.m. until November 14, 2003, at 10 a.m., in Room 149 of the Capitol Annex.