The January meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, January 13, 2004, at 9:30 AM, in Room 125 of the Capitol Annex. Senator Damon Thayer, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Damon Thayer, Co-Chair; Representative Tanya Pullin, Co-Chair, Senators Joey Pendleton, Richard Roeding, and Gary Tapp, Representatives Jimmie Lee and Jon David Reinhardt.
Guests: Richard Dobson, Brian Stephenson, Revenue Cabinet; Dr. John Breiwa, Connie Calvert, Board of Optometric Examiners; Gary Munsie, Board of Dentistry; Bea Collins, Beverly McCawley, Dena Moore, Carroll Roberts, Board of Hairdressers and Cosmetologist; Robert W. Fentross, Board of Licensure for Professional Engineers and Land Surveyors; Nathan Goldman, Board of Nursing; Nancy L. Black, Jim Grawe, Laura Strickland, Board of Licensure for Occupational Therapy; Ellen Benzing, Benjy Kinman, Scott Porter, Department of Fish and Wildlife Resources; Emily Harkenrider, Department for Environmental Protection; Steve Lynn, Thor Morrison, Department of Criminal Justice Training; Kevin Noland, Board of Education; Russell R. Coy, II, Melea Kelch, D.J. Wasson, Department of Insurance; Frank Dempsey, Tim House, Simeon W. Parker, Michael S. Peck, Department of Housing Buildings and Construction; Mark Bell, Leah Brown, James Carreer, Marybeth Crouch, Linda Dailey, Duane Dringenburg, Charles Douglas, Lynne Flynn, David Hanna, Karyn Hascal, Alex Reese, Mike Robinson, Debbie Salleng, Jennifer Smith, Rosalie M. Summers, Ben Sweger Anita Travis, Health and Family Services Cabinet John Brazel, Ky. Pharmacists Association; Melissa Bingham, School Owner; Dr. Lunele Leonard, Angela Richards, Professional/Education; Margaret Murrell, School Owner; Felecia Myers, The Academy of Cosmetology Arts; Mike Porter, Kentucky Dental Association; and Jan Rowland, School Owner.
LRC Staff: Dave Nicholas, Donna Little, Donna Kemper, Sarah Amburgey, Karen Howard Laura Milam, Ellen Steinberg, Emily Caudill, and Jenifer Harrison.
Other Business:
Co-Chair Thayer stated that he welcomed Representative Tonya Pullin to the Subcommittee. Pursuant to KRS Chapter 13A.020(1), the Speaker of the House had appointed her to replace Representative John Arnold. As Representative Arnold had served as the House Subcommittee Co-Chair, the House members needed to elect a new Co-Chair.
Representative Lee made a motion, seconded by Representative Reinhardt, to nominate Representative Pullin as the House Subcommittee Co-Chair. Representative Reinhardt made a motion, seconded by Representative Lee, to close the nominations. By acclimation, it was so ordered that Representative Pullin was the House Subcommittee Co-Chair.
Co-Chair Pullin stated that she thanked Representative Arnold for his great service to the Subcommittee. She would try hard to fill his very big shoes and looked forward to working with the Subcommittee.
Co-Chair Thayer stated that the Subcommittee had drafted a resolution honoring Representative Arnold for his service to the Subcommittee. After the resolution was read in its entirety, Co-Chair Pullin made a motion, seconded by Representative Reinhardt, that the resolution be adopted. Without objection, the resolution was adopted.
Co-Chair Thayer stated that he wanted to personally thank Representative Arnold both for his seven years of service to the Subcommittee and for how Representative Arnold treated him when he became Co-Chair last year after the passage of Senate Bill 221. Representative Arnold treated him as an equal and helped guide him as he embarked on his Co-Chair responsibilities. He was proud that during their joint service as Co-Chairs, they did not run the Subcommittee as a bipartisan Subcommittee, but rather as a nonpartisan Subcommittee.
Representative Lee stated that he thanked Representative Arnold for the professional manner in which he had served as a Co-Chair of the Subcommittee. The Subcommittee appreciated his services, especially as the Subcommittee often confronted very difficult issues.
The Subcommittee determined that the following administrative regulation did not comply with statutory requirements and was deficient:
201 KAR 12:115. School requirements for esthetics course. Carroll Roberts, Administrator, and Dena Moore, Executive Secretary, represented the Board. Jan Rowland, School Owner; Felecia Myers, The Academy of Cosmetology Arts; Melissa Bingham, School Owner; Dr. Lunele Leonard; and Angela Richards appeared in opposition to this administrative regulation.
In response to questions by Representative Reinhardt, Ms. Roberts stated that this administrative regulation's space requirement for a treatment or facial room had been controversial. The Board had amended the requirement to reflect a compromise amount.
Ms. Rowland stated that she owned schools in Louisville, Florence, and Radcliff. She applauded the legislature for passing the esthetician bill which was helpful to the industry. However, she had grave concerns regarding this administrative regulation based on her thirty-five (35) years in the industry and from her extensive involvement in professional associations. As drafted, the administrative regulation was so restrictive that it would nullify any benefit that the bill would have accomplished. For example, esthetics schools could not afford to comply with its minimum space requirement for treatment and facial rooms or its requirement of one (1) bed for every two (2) students. Other states did not impose these regulatory requirements and they should be eliminated in Kentucky.
In response to questions by Senator Tapp, Ms. Roberts stated that the Board had established the minimum space requirement of forty-eight (48) square feet because students in states without it had complained of inadequate classroom space. Private school owners had requested a minimum of thirty-six (36) square feet.
In response to questions by Senator Tapp, Ms. Rowland stated that she and other school owners had requested the lesser space requirement because it mirrored the requirement for cosmetologists and because most states did not impose one at all.
Senator Tapp stated that he was concerned about the Subcommittee setting standards that were more restrictive than in other states and that would hamper the esthetics schools in providing their services.
In response to a question by Co-Chair Pullin, Ms. Rowland agreed that the esthetics schools served two types of clients, the esthetic student and the customer that was receiving the esthetic service. If either client felt the classroom space was insufficient, he or she could patronize another more spacious school.
In response to questions by Representative Reinhardt, Ms. Roberts stated that she was not familiar with the space requirements of surrounding states.
Ms. Myers stated that as a private school owner, she agreed with Ms. Rowland's statements regarding this administrative regulation. Her school received no state or federal funding and imposing these regulatory requirements on it would be excessive.
Senator Roeding stated that it was important for Kentucky administrative regulations not to be stricter than federal standards or those of surrounding states so that Kentucky businesses could be competitive. He did not want to force existing esthetics schools out of business or to deter new schools from developing.
Senator Tapp made a motion, seconded by Senator Roeding, to find 201 KAR 12:115 deficient. On a roll call vote, the administrative regulation was unanimously found deficient, with Co-Chair Thayer, Senator Roeding, Senator Tapp, Senator Pendleton, Co-Chair Pullin, Representative Lee, and Representative Reinhardt voting in favor of the finding of deficiency.
Administrative regulations reviewed by the Subcommittee:
Revenue Cabinet: Sales and Use Tax; Service and Professional Occupations
103 KAR 26:120. Advertising agencies. Brian Stephenson, Tax Consultant, and Richard Dobson, Tax Consultant, represented the Cabinet.
In response to questions by Representative Lee, Mr. Dobson stated that this administrative regulation applied to purchases and sales of tangible personal property by advertising agencies.
In response to questions by Senator Roeding, Mr. Dobson stated that this administrative regulation did not impose any new taxes on advertising agencies. At the industry's request, the Cabinet developed these guidelines to better explain how the existing sales and use taxes applied to their purchases and sales.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and the STATUTORY AUTHORITY paragraphs to correct statutory citations; and (2) to amend Sections 1 to 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.
General Government Cabinet: Board of Optometric Examiners
201 KAR 5:100. Expungement. Dr. John Breiwa, President, and Connie Calvert, Director, represented the Board.
A motion was made and seconded to approve the following amendments: (1) to amend Section 2 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 2 to delete provisions that repeated or summarized statutory provisions. Without objection, and with agreement of the agency, the amendments were approved.
Board of Dentistry
201 KAR 8:490. Expungement of records. Gary Munsie, Director, represented the Board.
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 and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Hairdressers and Cosmetologists
201 KAR 12:020. Examination. Carroll Roberts, Administrator, and Dena Moore, Executive Secretary, represented the Board. In response to a question by Senator Roeding, Ms. Roberts stated that no fees were increased by this administrative regulation or 201 KAR 12:050, 055, and 070.
In response to questions by Senator Roeding, Ms. Roberts stated that the Board informed cosmetologists about 201 KAR 12:020 to 12:230 by notifying their professional organizations. The notice included instructions about how to access the proposed administrative regulations on the internet and about how to attend the public hearing. The Board felt the notice was sufficient even though they did not directly contact each cosmetologist because the public hearing was well attended by the industry.
In response to a question by Representative Reinhardt, Ms. Roberts stated that 201 KAR 12:020 to 12:230 did not increase any existing fees. However, to fulfill the Board's statutory obligation, they did create fees for the new esthetic license. Subcommittee staff repeated that these administrative regulations did establish new fees for estheticians pursuant to a statutory directive.
In response to questions by Senator Roeding, Ms. Roberts stated that the Board had increased the minimum number of school attendance days for esthetic and nail technician students to correspond to their increased number of study hours required by statute.
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; (2) to amend the NECESSITY, FUNCTION and CONFORMITY paragraph to insert authorizing language and clearly state the function served by this administrative regulation; and (3) to amend Sections 1, 2, 3, 4, 6, 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.
201 KAR 12:025. Additional study after failing examination. A motion was made and seconded to approve the following amendments: (1) to amends the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; (2) to amend the NECESSITY, FUNCTION and CONFORMITY paragraph to insert authorizing language and clearly state the function served by this administrative regulation; and (3) to amend Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 12:030. License required. 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; (2) to amend the NECESSITY, FUNCTION and CONFORMITY paragraph to insert authorizing language and clearly state the function served by this administrative regulation; (3) to delete Section 1, which repeated the statute, in accordance with KRS 13A.120(2)(e); and (4) to amend Section 2 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 12:031. Replacement of license - duplicate license. 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; (2) to amend the NECESSITY, FUNCTION and CONFORMITY paragraph to insert authorizing language and clearly state the function served by this administrative regulation; (3) to delete Section 1, which repeated the statute, in accordance with KRS 13A.120(2)(e); and (4) to amend Section 2 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 12:045. Apprentice, nail technician, esthetician and instructor's licensing. 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; (2) to amend the NECESSITY, FUNCTION and CONFORMITY paragraph to insert authorizing language and clearly state the function served by this administrative regulation; and (3) to amend Sections 1 to 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.
201 KAR 12:050. Reciprocity for valid licensee. 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; (2) to amend the NECESSITY, FUNCTION and CONFORMITY paragraph to insert authorizing language and clearly state the function served by this administrative regulation; and (3) to amend Sections 1 to 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.
201 KAR 12:055. Instructor's license for out-of-state applicant. 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; (2) to amend the NECESSITY, FUNCTION and CONFORMITY paragraph to insert authorizing language and clearly state the function served by this administrative regulation; and (3) to amend Section 1 to specify correct statutory citations and further comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 12:060. Inspections. 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; (2) to amend the NECESSITY, FUNCTION and CONFORMITY paragraph to insert authorizing language and clearly state the function served by this administrative regulation; and (3) to amend 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.
201 KAR 12:065. Inspection of new, relocated and change of owner salons. A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to clearly state the subject matter of this administrative regulation; (2) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; (3) to amend the NECESSITY, FUNCTION and CONFORMITY paragraph to insert authorizing language and clearly state the function served by this administrative regulation; and (4) to amend 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.
201 KAR 12:070. Requirements for salons of esthetic practices. In response to questions by Senator Roeding, Ms. Robertson stated that this administrative regulation had been amended so that it would not repeat the statutory requirement that certain services be performed only under the immediate supervision of a licensed physician. Subcommittee staff added that it would be inappropriate under KRS Chapter 13A for an administrative regulation to repeat a statute.
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; (2) to amend the NECESSITY, FUNCTION and CONFORMITY paragraph to clearly state the function served by this administrative regulation; (3) to amend Section 2 to: (a) delete language which repeated the statute, in accordance with KRS 13A.120(2)(e); and (b) create a standard for the "immediate supervision" requirement established in KRS 317B.015(1); and (4) to amend 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.
201 KAR 12:080. Shops' and schools' public identification. In response to questions by Senator Roeding, Ms. Roberts stated that the industry had not objected to the identification requirements in this administrative regulation because the same requirements were already imposed on beauty salons by statute. If more than one type of salon were in business together, they only needed one sign based on their type of license.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to clearly state the subject matter of this administrative regulation; (2) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; and (3) to amend the NECESSITY, FUNCTION and CONFORMITY paragraph to insert authorizing language and clearly state the function served by this administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 12:082. School's course of instruction. 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; (2) to amend the NECESSITY, FUNCTION and CONFORMITY paragraph to clearly state the function served by this administrative regulation; and (3) to amend 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.
201 KAR 12:083. Educational requirements. 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; (2) to amend the NECESSITY, FUNCTION and CONFORMITY paragraph to insert authorizing language and clearly state the function served by this administrative regulation; and (3) to amend 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.
201 KAR 12:088. Esthetics course of instruction. 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; (2) to amend the NECESSITY, FUNCTION and CONFORMITY paragraph to clearly state the function served by this administrative regulation; and (3) to amend 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.
201 KAR 12:100. Sanitation standards. A motion was made and seconded to approve the following amendments: (1) to amends the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; and (3) to amend Sections 1, 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.
201 KAR 12:101. Equipment sanitation. 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; (2) to amend the NECESSITY, FUNCTION and CONFORMITY paragraph to clearly state the function served by this administrative regulation; (3) to amend Sections 3 and 4 to delete language which repeated the statute, in accordance with KRS 13A.120(2)(e); (4) to amend Section 12 to exclude those persons covered by the Americans With Disabilities Act from the requirement that treatment not be given to persons known to have infectious or contagious diseases; and (5) to amend Sections 5 through 17 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 12:120. School faculty. 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; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; and (3) to amend Sections 1, 5, 8, and 10 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 12:125. Schools' student administrative regulations. 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; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; and (3) to amend Sections 1-21 and 23-24 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 12:140. School equipment. 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; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; and (3) to amend Sections 1-4 and 8-9 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 12:150. School records. 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; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; and (3) to amend sections 1, 2, 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.
201 KAR 12:200. Requirements for continuing education for renewal of license. 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 6, 10, and 11 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 12:210. Requirements for continuing education; active and inactive license and temporary waiver of requirements. 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; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; and (3) to amend Section 5 to delete unnecessary language and to correct statutory citations. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 12:220. Esthetic fee requirements. 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; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; (3) to amend Sections 1-4 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to amend Section 4 to eliminate the additional restoration fees added for each year since the expiration of the license. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 12:230. Code of ethics. 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 1-3 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Licensure for Professional Engineers and Land Surveyors
201 KAR 18:099. Repeal of 201 KAR 18:100. Robert Fentross, Assistant Director, represented the Board.
201 KAR 18:220. Administrative hearings. 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; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; and (3) to amend Sections 1-3, 7, 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.
201 KAR 18:221. Repeal of 201 KAR 18:131.
Board of Nursing
201 KAR 20:070 & E. Licensure by examination. Nathan Goldman, General Counsel, represented the Board.
In response to a question by Representative Reinhardt, Mr. Goldman stated that this administrative regulation was amended to permit Kentucky applicants to retake the licensure examination more quickly because the number of potential questions for the national examination had increased.
A motion was made and seconded to approve the following amendments: to amend Section 1 to delete language that was no longer necessary. Without objection, and with agreement of the agency, the amendments were approved.
Board of Licensure for Occupational Therapy
201 KAR 28:170. Deep physical agent modalities. Nancy Black, Laura Strickland, and Jim Grawe, Assistant Attorney General, represented the Board.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct statutory citations; and (2) to amend Section 4 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: Fish
301 KAR 1:115. Propagation of aquatic organisms. Scott Porter, Assistant Attorney General, and Benjy Kinman represented the Department.
301 KAR 1:201. Fishing limits.
301 KAR 1:210. Free fishing days.
301 KAR 1:220. Reciprocal agreements regarding fishing.
Justice Cabinet: Department of Criminal Justice Training: Kentucky Law Enforcement Council
503 KAR 1:140. Peace officer professional standards. Steve Lynn, Associate General Counsel, and Thor Morrison, Executive Staff Assistant, represented the Council.
In response to a question by Senator Roeding, Mr. Lynn stated that the vertical jump had been removed last year from the physical agility requirements for peace officers. The Council was amending this administrative regulation to require police agencies who administered their own physical agility testing to submit the results to the Council so that the Council could better monitor the effectiveness of the individual tests.
In response to a question from Co-Chair Pullin, Mr. Morrison stated that currently, the agencies who administered their own tests were required to maintain the results, but were not required to notify the Council of them.
Education, Arts, and Humanities Cabinet: Kentucky Board of Education: Office of Education: Office of Learning Programs Development: Office of Learning Support Services
704 KAR 7:061. Repeal of 704 KAR 7:060, Missing Kentucky School Children Program. Kevin Noland, General Counsel, represented the Board.
Public Protection and Regulation Cabinet: Department of Insurance: Authorization of Insurers and General Requirements
806 KAR 3:041. Repeal of 806 KAR 3:025, 806 KAR 3:040, 806 KAR 3:050, 806 KAR 3:060, 806 KAR 3:070, 806 KAR 3:090, and 806 KAR 3:120. D.J. Wasson, Program Manager, and Russell Coy, Counsel, represented the Department.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to state that 806 KAR 3:070 was being repealed because this administrative regulation was not necessary in order to implement KRS 304.3-240. Without objection, and with agreement of the agency, the amendments were approved.
Department of Housing Buildings and Construction: Office of State Fire Marshal
815 KAR 4:010. Annual inspection of passenger elevators. Frank Dempsey, General Counsel, and Dennis Langford, Deputy Director, represented the Department.
Kentucky Building Code
815 KAR 7:120. Kentucky Building Code/2002.
Plumbing
815 KAR 20:020. Parts or materials list.
815 KAR 20:110. Traps and cleanouts.
Cabinet for Health Services: Department for Public Health: Health Services and Facilities
902 KAR 20:058. Operation and services; primary care center. Alex Reese, Office of Inspector General, represented the Department.
In response to a question by Senator Roeding, Mr. Reese stated that this administrative regulation did not change existing staffing requirements for primary care centers and extensions. It merely referred to a statute passed by the 2003 General Assembly which provided leeway for school-based primary care extensions.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 3 to 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.
Food and Cosmetics
902 KAR 45:065 & E. Tattooing. Anita Travis, Manager, represented the Department.
A motion was made and seconded to approve the following amendments: (1) to delete Section 7(2) requiring parental presence for the tattooing of a minor as it conflicted with KRS 211.760(3)(d) requiring written notarized consent by the parent or guardian; (2) to delete Section 14 requiring a plan review and approval by the local health department for future construction or remodeling of a tattoo studio; (3) to amend Sections 2 and 4 to specify that tattoo artist registrations and studio certifications shall expire one (1) year from the date of issuance in accordance with KRS 211.760(2); and (4) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1-16 and 18-20 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 1:006 & E. Coverage of and payment for services for persons eligible for benefits under both Title XIX and Title XVIII. Mike Robinson, Commissioner, represented the Department.
A motion was made and seconded to approve the following amendments: 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.
907 KAR 1:023 & E. Review and approval of selected therapies as ancillary services in nursing facilities. A motion was made and seconded to approve the following amendments: to amend Sections 3 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.
907 KAR 1:026 & E. Dental services. Mike Porter, Kentucky Dental Association, appeared in favor of this administrative regulation.
In response to a question by Senator Roeding, Commissioner Robinson stated that to accommodate the concerns of the Technical Advisory Committee, the Department had amended the prior authorization requirements for periodontal scaling. Prior authorization was now required for children and adults. Additionally, so that repeat office visits would not be necessary, the authorization was required only before the submission of the payment claim rather than before the scaling was performed.
Mr. Porter stated that the Association was in favor of the periodontal scaling amendments.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct statutory citations; (2) to amend Sections 1, 2, 4, 12, 14, 15, and 17 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to delete Section 18 which established a special effective date that was not necessary under KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:045 & E. Payments for community mental health center services.
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 paragraph to correct statutory citations; and (2) to amend Sections 2, 4, 5, 6, 7, and 10 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:626 & E. Reimbursement of dental services. A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct statutory citations; (2) to amend Sections 1 and 3 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to delete Section 7 which established a special effective date that was not necessary under KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department for Mental Health and Mental Retardation Services: Substance Abuse
908 KAR 1:340 & E. Narcotic treatment programs. Karyn Hascal, Acting Director, and Mac Bell, Program Director, represented the Department.
In response to a question by Representative Reinhardt, Ms. Hascal stated that this administrative regulation was amended to comply with legislation from the 2003 General Assembly requiring a pharmacist or physician to be present to set up take home medications.
A motion was made and seconded to approve the following amendments: (1) to amend throughout to update references to 21 C.F.R. Parts 291 and 1301 with references to 42 C.F.R. Part 8; (2) to amend throughout to update references to FDA with references to CSAT (Center for Substance Abuse Treatment); and (3) to amend Sections 1, 4-10, 12, 15, 16-20, 22, and 23 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: KHEAA Grant Programs
11 KAR 5:034. CAP grant student eligibility.
11 KAR 5:130. Student application.
Teacher Scholarship Loan Program
11 KAR 8:030. Teacher scholarships.
Early Childhood Development Scholarship Program
11 KAR 16:010. Early Childhood Development Scholarship Program applicant selection process.
Robert C. Byrd Honors Scholarship Program
11 KAR 18:010. Robert C. Byrd Honors Scholarship Program.
Department of Treasury: State Treasury
20 KAR 1:040. Unclaimed properties; claims.
20 KAR 1:080. Reports to be filed by holders of unclaimed property.
20 KAR 1:090. Accounts for unclaimed property that was held in an interest-bearing demand, savings or time deposit.
20 KAR 1:100. Multiple claims on the Unclaimed Property Fund.
Natural Resources and Environmental Protection Cabinet: Department for Environmental Protection: Water Quality
401 KAR 5:002. Definitions for 401 KAR Chapter 5.
401 KAR 5:005. Permits to construct, modify, or operate a facility.
401 KAR 5:026. Designation of uses of surface waters.
401 KAR 5:029. General provisions.
401 KAR 5:030. Antidegradation policy implementation methodology.
401 KAR 5:031. Surface water standards.
Department for Surface Mining Reclamation and Enforcement: General Provisions
405 KAR 7:001. Definitions for 405 KAR Chapter 7.
Permits
405 KAR 8:001. Definitions for 405 KAR Chapter 8.
Bond and Insurance Requirements
405 KAR 10:001. Definitions for 405 KAR Chapter 10.
Inspection and Enforcement
405 KAR 12:001. Definitions for 405 KAR Chapter 12.
Performance Standards for Surface Mining Activities
405 KAR 16:001. Definitions for 405 KAR Chapter 16.
Performance Standards for Underground Mining Activities
405 KAR 18:001. Definitions for 405 KAR Chapter 18.
Special Performance Standards
405 KAR 20:001. Definitions for 405 KAR Chapter 20.
Areas Unsuitable for Mining
405 KAR 24:001. Definitions for 405 KAR Chapter 24.
Transportation Cabinet: Department of Vehicle Regulation: Division of Motor Carriers
601 KAR 1:018. Special overweight or overdimensional permits.
601 KAR 9:085. Procedures for becoming a certified motor vehicle inspector.
601 KAR 9:135. Apportioned registration.
Department of Highways: Traffic
603 KAR 5:066. Weight (mass) limits for trucks.
603 KAR 5:070. Motor vehicle dimension limits.
Public Protection and Regulation Cabinet: Department of Housing Buildings and Construction: Electrical Inspectors
815 KAR 35:040 & E. Licensing of electrical contractors, electricians, and master electricians.
Cabinet for Families and Children: Department for Community Based Services: Protection and Permanency
Child Welfare
922 KAR 1:320. Services appeals.
922 KAR 1:330. Child protective services.
922 KAR 1:480. Appeal of child abuse and neglect investigative findings.
The Subcommittee adjourned at 10:40 a.m. until February 2004.