The July meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, July 13, 2004, at 10:30 AM, in Room 149 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 James Bruce, Jimmie Lee, and Jon David Reinhardt.
Guests: B.R. Salyer, Board of Licensure for Professional Engineers and Land surveyors; Nathan Goldman, Board of Nursing; Tom Bennett, Ellen Benzing, Jon Gassett, Department of Fish and Wildlife Resources; Susan Bush, Jim Villines, Environmental and Public Protection Cabinet; Larry Ball, Steve Lynn, Justice and Public Safety Cabinet; Bart Baldwin, Stephanie Brammer-Barnes, Roseanne Barkley, Wendy Cumpston, Karen Doyle, Russ Fendley, LaShana Harris, Jon Klein, Shannon Turner, Bobbie Walters, Cabinet for Health and Family Services; Marie Cull, PHRMA.
LRC Staff: Dave Nicholas, Donna Kemper, Sarah Amburgey, Laura Milam, Ellen Steinberg, Emily Caudill, and Jenifer Harrison.
Administrative regulations reviewed by the Subcommittee:
General Government Cabinet: Boards and Commissions: Board of Licensure for Professional Engineers and Land Surveyors
201 KAR 18:180. Business entity permits. Bud Salyer, General Counsel, represented the Board.
In response to questions by Senator Roeding, Mr. Salyer stated that the Board amended this administrative regulation to accelerate the permitting process and to comply with the statutory requirement of annual renewals for permits.
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 and Section 1 to specify that the administrative regulation applied to applications for business entity permits; and (3) to amend Section 4 to delete the incorporation by reference of the certificates and to correct the agency website address. Without objection, and with agreement of the agency, the amendments were approved.
Board of Nursing
201 KAR 20:056. Advanced registered nurse practitioner registration, program requirements, recognition of a national certifying organization. Nathan Goldman, General Counsel, represented the Board.
A motion was made and seconded to approve the following amendments: to amend Sections 2, 5, 6, 8, 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.
201 KAR 20:095. Inactive nurse licensure status. In response to a question by Senator Roeding, Mr. Goldman stated that the Board amended this administrative regulation to make it easier for applicants to activate an inactive license. As amended, it permitted an applicant to complete continuing education hours instead of a refresher course because all refresher course providers in Kentucky had closed.
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 Sections 1 and 3 to cross-reference applicable administrative regulations 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.
201 KAR 20:225. Reinstatement of license. In response to a question by Senator Roeding, Mr. Goldman stated that this amended administrative regulation established procedures to reinstate licenses that had lapsed due to failure to renew or that had been subject to disciplinary action. For example, to reinstate a lapsed license, the applicant must complete a refresher course or 120 contact hours of continuing education. To reinstate a license subject to disciplinary action, the applicant must comply with the terms of the Board's disciplinary order.
In response to questions by Representative Reinhardt, Mr. Goldman stated that the continuing education was available at schools of nursing, hospitals, and nursing homes. Refresher courses were no longer available in Kentucky.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct statutory citations; and (2) to amend Sections 1 and 2 to cross-reference applicable administrative regulations 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.
Commerce Cabinet: Department of Fish and Wildlife Resources: Fish
301 KAR 1:058. Methods for taking turtles. Tom Bennett, Commissioner, Ellen Benzing, Staff Attorney, and Jon Gassett, Division Director, represented the Department.
In response to a question by Representative Bruce, Commissioner Bennett stated the United States Forest Service managed the Land Between the Lakes.
In response to a question by Representative Reinhardt, Commissioner Bennett stated that this package of administrative regulations was not controversial and had been well publicized.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2 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.
301 KAR 1:201. Fishing limits.
Game
301 KAR 2:111. Deer and turkey hunting on federal areas. In response to a question by Co-Chair Thayer, Commissioner Bennett stated that the Department's officers had discretion in dealing with hunters who shot deer which were slightly under the antler spread limit.
301 KAR 2:132. Elk depredation permits and quota hunts. A motion was made and seconded to approve the following amendments: to amend Sections 1, 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.
301 KAR 2:144. Fall wild turkey hunting.
301 KAR 2:172. Deer hunting seasons and requirements. A motion was made and seconded to approve the following amendments: to amend Section 3 to correct a minor drafting error. Without objection, and with agreement of the agency, the amendments were approved.
301 KAR 2:174. Deer hunting zones.
301 KAR 2:178. Deer hunting on Wildlife Management Areas. A motion was made and seconded to approve the following amendments: to amend Sections 2, 5, 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.
301 KAR 2:179. State park deer hunts. In response to a question by Senator Roeding, Commissioner Bennett stated that the Department managed deer hunts at the state parks by request of the parks to control deer overpopulation. This administrative regulation helped ensure that regular state park activities, such as horseback riding, were not negatively affected by the hunts.
Hunting and Fishing
301 KAR 3:010. Public use of Wildlife Management Areas. In response to questions by Co-Chair Thayer, Commissioner Bennett stated that this administrative regulation prohibited participation in horseback riding events during firearms seasons in Wildlife Management Areas. The riding events were encouraged as secondary uses of the areas in between firearms seasons.
A motion was made and seconded to approve the following amendments: to amend Section 3(4) to clarify that participation in horseback riding events during firearms seasons for turkey, deer, and elk was prohibited in a Wildlife Management Area. Without objection, and with agreement of the agency, the amendments were approved.
301 KAR 3:022. License, tag and permit fees. A motion was made and seconded to approve the following amendments: to amend to change the name of the Addington Enterprises Wildlife Management Area to "Starfire Wildlife Management Area." Without objection, and with agreement of the agency, the amendments were approved.
Wildlife
301 KAR 4:100. Peabody Wildlife Management Area use requirements and restrictions. A motion was made and seconded to approve the following amendments: to amend Section 7 to replace material incorporated by reference with an updated application form. Without objection, and with agreement of the agency, the amendments were approved.
301 KAR 4:200. Starfire and Robinson Forest Wildlife Management Areas use requirements and restrictions. A motion was made and seconded to approve the following amendments: to amend Section 8 to replace material incorporated by reference with an updated application form. Without objection, and with agreement of the agency, the amendments were approved.
Environmental and Public Protection Cabinet: Department for Environmental Protection: Department for Natural Resources: Surface Effects of Noncoal Mining
405 KAR 5:002 & E. Definitions for 405 KAR Chapter 5. Susan Bush, Commissioner, and Jim Villines, Commissioner's Office, represented the Department.
In response to a question by Co-Chair Thayer, Commissioner Bush stated that this package of administrative regulations implemented House Bill 295, sponsored by Representative Bruce in the 2004 Session of the General Assembly. In accordance with that legislation, the administrative regulations reestablished the noncoal mining regulatory requirements from 1995.
In response to a question by Representative Reinhardt, Commissioner Bush stated that the administrative regulations did not contain any hidden cost increases.
Subcommittee Staff stated that in addition to these administrative regulations implementing House Bill 295, they also implemented House Joint Resolution 98 from the 2004 Session of the General Assembly. House Joint Resolution 98 required the Cabinet to return the noncoal mining regulatory requirements back to their 1995 form.
405 KAR 5:032 & E. Permit requirements.
405 KAR 5:036 & E. Signs and markers.
405 KAR 5:042 & E. Blasting.
405 KAR 5:048 & E. Protection of environmental resources.
405 KAR 5:062 & E. Handling of materials.
405 KAR 5:078 & E. Contemporaneous reclamation.
In response to a question by Senator Roeding, Commissioner Bush stated that the industry approved of the bond requirements in this administrative regulation and in 405 KAR 5:082.
405 KAR 5:082 & E. Reclamation bond.
Justice and Public Safety Cabinet: Department of Criminal Justice Training: Kentucky Law Enforcement Council
503 KAR 1:120. Professional development in-service training: graduation requirements; recognized courses; records. Larry Ball, Executive Director, and Steve Lynn, Assistant General Counsel, represented the Department.
503 KAR 1:140. Peace officer professional standards. A motion was made and seconded to approve the following amendments: (1) to amend Section 10 to specify that for Kentucky Law Enforcement Council (KLEC) audit purposes, a form certifying that certain testing procedures had been completed by an officer could be maintained in the officer's personnel file; and (2) to amend Section 14 to incorporate by reference the certification form. Without objection, and with agreement of the agency, the amendments were approved.
Cabinet for Health and Family Services: Department for Medicaid Services: Medicaid Services
907 KAR 1:019 & E. Outpatient Pharmacy Program. Russ Fendley, Commissioner, and Shannon Turner, Deputy Commissioner, represented the Department. Marie Cull, Attorney, Pharmaceutical Manufacturers Association, appeared in favor of this administrative regulation.
In response to a question by Representative Bruce, Commissioner Fendley stated that the industry was in favor of this amended administrative regulation.
Senator Roeding introduced the following amendments to this administrative regulation: to amend Section 7 to specify the requirements for public presentations made at a P&T committee meeting. Without objection, the administrative regulation was amended.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 3, 4, 5, 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.
Department for Community Based Services: Child Welfare
922 KAR 1:510. Authorization for disclosure of Protection and Permanency records. Jon Klein, Attorney, Karen Doyle, and Roseanne Barkley represented the Department.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs, and Sections 1, 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.
Day Care
922 KAR 2:160 & E. Child Care Assistance Program. Co-Chair Thayer stated that he had requested the policy change implemented by this emergency administrative regulation from the Cabinet, Secretary Holsinger, and Governor Fletcher. As amended, participation in an unpaid internship in pursuit of a college degree would satisfy the work requirement so that parents could maintain their child care assistance and complete their education. He appreciated the policy change being implemented because it would be helpful to his constituents and to parents across the state.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 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.
The Subcommittee and the promulgating administrative agencies agreed to defer consideration of the following administrative regulations to the next meeting of the Subcommittee:
Environmental and Public Protection Cabinet: Department for Environmental Protection: Water Quality
401 KAR 5:002. Definitions for 401 KAR Chapter 5.
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.
Division of Waste Management: Solid Waste Planning
401 KAR 49:011. General provisions relating to area solid waste management plans.
401 KAR 49:080. Solid waste grant funds and solid waste collector and recycler registration.
Department for Natural Resources: 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.
Cabinet for Health and Family Services: Department for Medicaid Services
907 KAR 1:022 & E. Nursing facility and intermediate care facility for an individual with mental retardation or a developmental disability level of care criteria.