The September meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, September 13, 2005, at 10:00 AM, in Room 149 of the Capitol Annex. Senator Richard "Dick" Roeding, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Richard "Dick" Roeding, Co-Chair; Representative Tanya G Pullin, Co-Chair; Senators Alice Kerr and Gary Tapp; Representatives James E Bruce and Jon David Reinhardt.
Guests: Charlotte Beason, Sue Derouen, Nathan Goldman, Board of Nursing; Gerry Buynak, Jeff Ross, Catherine York, Department of Fish and Wildlife Resources; Ellen Benzing, Commerce Cabinet; Brenn O. Combs, Kentucky State Police; Les Renkey, Department of Labor; Carrie Banahan, John Lloyd, Julie McPeak, Jay Thompson, D.J. Wasson, Office of Insurance; Tim House, David Reichert, Office of Housing, Buildings and Construction; Steve Davis, Trish Howard, Diona Mullins, Cabinet for Health and Family Services; Angela Kirkland, Stuart Owen, Department for Medicaid; Kathleen Casper, Bill Cooper, Juanita Shackelford, Mike Weinrach, Division of Aging; Kathy Adams, Katie Brown, Elizabeth Caywood, Jason Moseley, Mary Ellen Nold, Department for Community Based Services; Mike Grimes, Division of Protection and Permanency; Lawrence Ford, Anthem Blue Cross Blue Shield; Melissa Lawson, Children's Alliance; Ronny Pryor.
LRC Staff: Dave Nicholas, Emily Caudill, Donna Little, Laura Milam, Karen Howard, Sarah Amburgey, Jenifer Harrison, Ellen Steinberg, and Emily Harkenrider.
The Administrative Regulation Review Subcommittee met on Tuesday, September 13, 2005, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
General Government Cabinet: Board of Nursing: Board
201 KAR 20:056. Advanced registered nurse practitioner registration, program, requirements, recognition of a national certifying organization. Charlotte Beason, Executive Director, and Nathan Goldman, General Counsel, represented the Board.
In response to a question by Co-Chair Pullin, Ms. Beason stated that the nursing shortage in Kentucky was less severe than in other states. Additionally, Mr. Goldman stated that the Board had implemented new programs to address the issue.
201 KAR 20:057. Scope and standards of practice of advanced registered nurse practitioners. In response to a question by Co-Chair Roeding, Mr. Goldman stated that this amended administrative regulation updated the scope and standards of practice of advanced registered nurse practitioners to conform to current national standards.
201 KAR 20:070. Licensure by examination. In response to a question by Co-Chair Roeding, Mr. Goldman stated that this amended administrative regulation established clinical internship requirements for graduates of foreign nursing schools.
201 KAR 20:095. Retired nurse licensure status. In response to a question by Senator Tapp, Mr. Goldman stated that this amended administrative regulation made it easier for a nurse with inactive licensure status to resume active status.
201 KAR 20:110. Licensure by endorsement.
201 KAR 20:161. Investigation and disposition of complaints. 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 and 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.
201 KAR 20:220. Nursing continuing education provider approval. In response to questions by Co-Chair Roeding, Mr. Goldman stated that this amended administrative regulation simplified the approval process for providers and extended their renewal period from two (2) to five (5) years.
201 KAR 20:225. Reinstatement of license.
201 KAR 20:230. Renewal of licenses. In response to questions by Co-Chair Roeding, Mr. Goldman stated that name changes and licensure renewals were separate processes. This administrative regulation established the licensure renewal process.
201 KAR 20:370. Applications for licensure and registration.
201 KAR 20:390. Nursing Incentive Scholarship Fund.
201 KAR 20:411. Sexual Assault Nurse Examiner Program standards and credential requirements.
201 KAR 20:480. Licensure of graduates of foreign nursing schools.
Commerce Cabinet: Kentucky Department of Fish and Wildlife: Resources: Fish
301 KAR 1:015. Boats and motor restrictions. Ellen Benzing, General Counsel, Jeff Ross, Federal Aid Coordinator, and Gerry Buynak, Program Manager, represented the Cabinet.
Co-Chair Roeding stated that he appreciated the Department for their work in the recent hurricane Katrina disaster.
Co-Chair Pullin made a motion, seconded by Representative Bruce, for the Subcommittee to send a letter to the Department commending them for their disaster relief efforts in the Gulf area. Without objection, it was so ordered.
301 KAR 1:021. Repeal of 301 KAR 1:020, 1:040, 1:056, 1:070, 1:075 and 1:090. In response to a question by Representative Bruce, Mr. Buynak stated that tickling was a traditional fishing method that captured rough fish such as catfish by hand grabbing.
301 KAR 1:115. Propagation of aquatic organisms.
301 KAR 1:150. Waters open to commercial fishing. 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 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.
301 KAR 1:201. Fishing limits.
301 KAR 1:410. Taking of fish by other than traditional fishing methods. 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 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.
Justice and Public Safety Cabinet: Kentucky State Police: Law Enforcement Officers Safety Act of 2004
502 KAR 13:010. Certification under the Law Enforcement Officers Safety Act of 2004 ("LEOSA"), 18 U.S.C.A. 926C, for honorably retired Kentucky elected or appointed peace officers. Brenn Combs, Staff Attorney, represented the Cabinet.
Co-Chair Pullin stated that she appreciated the Kentucky State Police for their work in the recent hurricane Katrina disaster.
Senator Kerr made a motion, seconded by Co-Chair Pullin, for the Subcommittee to send a letter to the Kentucky State Police commending them for their disaster relief efforts in the Gulf area. Without objection, it was so ordered.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3(3): (a) to require an applicant to submit the notarized statement required by KRS 237.140(2)(c); and (b) to delete indefinite language as required by KRS 13A.222(4)(a); 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.
Environmental and Public Protection Cabinet: Department of Labor: Collective Bargaining and Arbitration
803 KAR 3:060. Procedures for electing and certifying exclusive representatives of police officers employed by urban-county or consolidated local governments and firefighters employed by urban-county governments. Les Renkey, General Counsel, represented the Department.
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 of Public Protection: Office of Insurance: Health Insurance Contracts
806 KAR 17:150. Health benefit plan rate filing requirements. Julie McPeak, General Counsel, Carrie Banahan, Director, and Jay Thompson, Branch Manager, represented the Office.
Ms. Banahan stated that the Office wanted to defer the Subcommittee's consideration of this administrative regulation. Without objection, this administrative regulation was deferred.
806 KAR 17:390. Benefits and disclosures in Medicare supplement insurance policies. 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.
806 KAR 17:400. Marketing and sales practices in Medicare supplement insurance policies. A motion was made and seconded to approve the following amendments: (1) to amend Section 10 to correct a citation; 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.
806 KAR 17:420. Rates, premiums and loss ratio requirements in Medicare supplement insurance policies. 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.
Office of Housing, Buildings and Construction: Division of Plumbing: Plumbing
815 KAR 20:020. Parts or materials list. David Reichert, General Counsel, and Tim House, Director, represented the Office.
In response to questions by Senator Tapp, Mr. Reichert stated that this amended administrative regulation added new products to the parts or materials list that had been approved by the plumbing code committee. The committee was comprised of seven members with varied industry experience such as engineers, architects, building contractors, and master plumbers.
Senator Tapp stated that it was important for the government to listen to industry experts.
A motion was made and seconded to approve the following amendments: to amend Section 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.
815 KAR 20:120. Water supply and distribution. A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 4, 5, 10, 14, 15, 17, and 21 to: (1) comply with the drafting and format requirements of KRS Chapter 13A; and (2) insert appropriate cross-references to other administrative regulations. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 20:180. Special connections. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph 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, as required by KRS 13A.220; and (3) to amend Sections 2, 3, 4, 5, 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.
Cabinet for Health and Family Services: Office of Inspector General: Health Services and Facilities
902 KAR 20:320 & E. Psychiatric residential treatment facility operation and services. Steve Davis, Deputy Inspector General, and Diona Mullins, Assistant Director, represented the Office.
A motion was made and seconded to approve the following amendments: (1) to amend the definition of "Seclusion" in Section 1 to correspond to the federal definition; 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.
902 KAR 20:330 & E. Psychiatric residential treatment facilities. A motion was made and seconded to approve the following amendments: (1) to amend Section 14 to increase the temperature range for hot water heaters from 110 to 120 degrees Fahrenheit; 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.
Cabinet for Health and Family Services: Department for Medicaid Services: Division of Long Term Care and Community Alternatives: Medicaid Services
907 KAR 1:031 & E. Payments for home health services. Angela Kirkland, Director, and Stuart Owen, Regulation Coordinator, represented the Department.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct a statutory citation; and (2) to amend Sections 3 and 15 to comply with the drafting requirements of 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. In response to questions by Representative Bruce, Ms. Kirkland stated that this amended administrative regulation froze the reimbursement rate for community mental health centers at its current rate as a cost containment measure.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to add a statutory citation; and (2) 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.
Department for Human Support Services: Division of Aging Services: Aging Services
910 KAR 1:180. Homecare program for the elderly. Kathleen Casper, Social Services Specialist, and Bill Cooper, Director, represented the Division.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to delete a statutory citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to delete a reference to an executive order regarding reorganization; (3) to amend Section 5(1)(c) to clarify qualifications for case managers; (4) to amend the Material Incorporated by Reference to update a form for Homecare Eligibility to match the administrative regulation; and (5) to amend Sections 1, 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.
Division of Policy Development: Department for Community Based Services: K-TAP, Kentucky Works, Welfare to Work, State Supplementation
921 KAR 2:015 & E. Supplemental programs for persons who are aged, blind, or have a disability. Jason Moseley, Director, and Elizabeth Caywood, Assistant Director, represented the Division.
In response to questions by Representative Reinhardt, Mr. Moseley stated that this amended administrative regulation increased the standard of need payment and the personal needs allowance for personal care home residents to correspond to the increased rates in the federal Supplemental Security Income (SSI) program.
Department for Community Based Services: Division of Policy Development: Child Welfare
922 KAR 1:520. High risk supplement for resource homes. Jason Moseley, Director, and Elizabeth Caywood, Assistant Director, represented the Division.
In response to a question by Co-Chair Roeding, Mr. Moseley stated that increased educational services and additional therapy were examples of extraordinary care provided by a resource home parent to a foster child with exceptional needs that qualified for the high risk supplement reimbursement. The care was considered extraordinary because normal foster children would not need it.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph 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 the definition of "child" to clarify which KRS statutes defined the term; and (4) to amend Sections 1, 3, and 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.
The Subcommittee and the promulgating agencies agreed to defer consideration of the following administrative regulations to the next meeting of the Subcommittee:
General Government Cabinet: Board of Dentistry: Board
201 KAR 8:225. Credentialing of dental license.
201 KAR 8:265. Credentialing of dental hygiene license.
Environmental and Public Protection Cabinet: Department of Public Protection: Office of Insurance: Agents, Consultants, Solicitors and Adjusters
806 KAR 9:001. Prelicensing courses of study; instructors.
806 KAR 9:020. False or deceptive names, titles, prohibited.
806 KAR 9:200. Volume of insurance agent exchange of business.
806 KAR 9:250. Specialty credit insurance producer and managing employee.
806 KAR 9:265. Rental vehicle agent and managing employee.
Cabinet for Health and Family Services: Kentucky Department for Public Health: Division of Adult and Child Health Improvement: Mental and Child Health
902 KAR 4:030 & E. Newborn screening for inborn errors of metabolism and other inherited disorders known as Newborn Screening Program.
902 KAR 4:035 & E. Cost reimbursement for special food products.
Office of Inspector General: Radon
902 KAR 95:010. Definitions for 902 KAR Chapter 95.
The subcommittee adjourned at 10:55 a.m. until October 11, 2005.