The 1st meeting of the Administrative Regulation Review Subcommittee met on Tuesday, October 11, 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, Joey Pendleton, and Gary Tapp; Representatives James E Bruce, Jimmie Lee, and Jon David Reinhardt.
Guests: Kathryn H. Dunnigan, Sarah Ball Johnson, State Board of Elections; Mark Brengelman, Gary Munsie, Board of Dentistry; Dr. Jerald Combs, Connie Calvert, Board of Optometric Examiners; James Grawe, Natalie Tinsley, Board of Licensure for Occupational Therapy; John Parrish, Division of Occupation and Profession; Mary Jennings, Board of Emergency Medical Services; Amy Barker, Jason Hall, Department of Corrections; Larry W. Moore, Sheila Potter, Department for Workforce Investment; Frederick Huggins and David Stumbo, Department of Labor; Carrie Banahan, Tracy Bertram, Robin Coombs, John Lloyd, Julie Mix McPeak, Malinda Shepherd, D.J. Wasson, Office of Insurance; Charles Caudill, Bob Karsner, Darrell Perry, Commonwealth Office of Technology; Chris Miller, Division of Motor Vehicle Licensing; Willie Payton, Roy Mundy, Transportation Cabinet; Sandy Fawbush, Department for Public Health; Mike Grimes, John W. Hensley, Trish Howard, Jason Moseley, Cabinet for Health and Family Services; Wendy Cumpston, Division of Policy Development; Kathy Adams, Elizabeth Caywood, Department for Community Based Services; Bart Baldwin, Children's Alliance; Lawrence Ford and Mike Helton, Anthem; Garland VanZant, Woodford County Health Department; and Richard Thomas.
LRC Staff: Dave Nicholas, Emily Caudill, Donna Little, Laura Milam, Karen Howard, Sarah Amburgey, Ellen Steinberg, and Emily Harkenrider.
The Administrative Regulation Review Subcommittee met on Tuesday, October 11, 2005, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
State Board of Elections: Forms and Procedures
31 KAR 4:150. Tracking registration of voters identifying with political organizations and groups and voters of independent status. Sarah Johnson, Executive Director, and Kathryn Dunnigan, General Counsel, represented the Board.
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.
General Government Cabinet: Board of Dentistry: Board
201 KAR 8:180. Applicant; requirements. Gary Munsie, Director, and Mark Brengelman, Assistant Attorney General, represented the Board.
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 the administrative regulation, as required by KRS 13A.220(4)(f); and (3) to amend Section 1 to clarify the application procedures 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 8:225. Credentialing of dental license. In response to a question by Co-Chair Roeding, Mr. Munsie stated that this administrative regulation makes it easier for out-of-state dentists to practice in Kentucky by establishing a credentialing process.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct a statutory citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by the administrative regulation, as required by KRS 13A.220(4)(f); and (3) to amend Section 1 to clarify the application requirements 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 8:265. Credentialing of dental hygiene license. In response to a question by Co-Chair Roeding, Mr. Munsie stated that this administrative regulation makes it easier for out-of-state dental hygienists to practice in Kentucky by establishing a credentialing process.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct a statutory citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by the administrative regulation, as required by KRS 13A.220(4)(f); and (3) to amend Section 1 to clarify the application requirements 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.
Board of Licensure for Occupational Therapy: Board
201 KAR 28:190. Occupational therapy low vision and visual therapy services. John Parrish, Director, Occupations and Professions, Natalie Tinsley, Board member, and Jim Grawe, Assistant Attorney General, represented the Board. Dr. Jerald Combs, President, Kentucky Board of Optometric Examiners, appeared in response to this administrative regulation.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clarify how the administrative regulation conforms with statute; 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.
Independent Administrative Bodies: Board of Emergency Medical Services
202 KAR 7:031E. Repeal of 202 KAR 7:050, 7:060, 7:070, 7:080, 7:090, 7:092, 7:094, 7:100, 7:102, 7:110, 7:140, 7:150, 7:160, 7:405, 7:407, 7:409, 7:413, 7:426, 7:433, 7:435, 7:436, 7:465, 7:491, 7:493, 7:495, 7:497, 7:570, 7:580, 7:582, 7:584, 7:590, 7:595. Mary Jennings, Paralegal, represented the Board.
In response to a question by Representative Bruce, Ms. Jennings stated that this emergency administrative regulation repeals outdated administrative regulations that were replaced by new administrative regulations in 2003.
In response to a question by Co-Chair Roeding, Ms. Jennings stated that ambulance providers, paramedics, and emergency medical technicians are examples of emergency medical services regulated by the Board.
Justice and Public Safety Cabinet: Department of Corrections: Office of the Secretary
501 KAR 6:070. Kentucky Correctional Institution for Women. Amy Barker, Assistant General Counsel, and Jason Hall, Staff Attorney, represented the Cabinet.
A motion was made and seconded to approve the following amendments: to amend Section 1 and the material incorporated by reference for clarification 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.
Education Cabinet: Department for Workforce Investment: Unemployment Insurance
787 KAR 1:060. Separation for cause; reports. Larry Moore, Policy Analyst, represented the Department.
In response to a question by Co-Chair Roeding, Mr. Moore stated that this administrative regulation requires employers to provide additional information about a claimant to enable the Department to make the best possible determination of the claimant's eligibility for unemployment insurance.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct a statutory citation; (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 and 2 to delete requirements that information be submitted on the Form UI-412A, and instead require the information to be submitted in writing; and (4) 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.
787 KAR 1:190. Recoupment and recovery. In response to a question by Representative Bruce, Mr. Moore stated that the Department recovers benefits that are overpaid due to Departmental error by retaining portions of future benefits.
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 the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; and (3) 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.
787 KAR 1:220. Required reports and due dates. In response to a question by Co-Chair Roeding, Mr. Moore stated that most employers will not be burdened by the electronic reporting requirement established by this amended administrative regulation because they are already doing so through their accounting or payroll services. However, the Department will accommodate employers without existing technology to comply.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to insert 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 Section 2 to insert a website address for the Department; and (4) 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.
Environmental and Public Protection Cabinet: Department of Labor: Office of Occupational Safety and Health
803 KAR 2:309. General environmental controls. Fred Huggins, Attorney, and David Stumbo, Health Services Specialist, represented the Department.
In response to a question by Senator Tapp, Mr. Stumbo stated that these amended administrative regulations either match or ease the regulatory burden in comparison to the federal standards. They do not establish stricter requirements for the regulated communities.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs and Sections 2 and 3 to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by the administrative regulation, as required by KRS 13A.220(4)(f); and (3) to amend Sections 1, 2, 3, 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.
803 KAR 2:310. Medical services and first aid. 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 the administrative regulation, as required by KRS 13A.220(4)(f); (3) to amend Sections 2, 3, 4, and 5 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to create a new section to incorporate by reference the "Standard for Emergency Eyewash and Shower Equipment." Without objection, and with agreement of the agency, the amendments were approved.
803 KAR 2:317. Special industries. 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 the administrative regulation, as required by KRS 13A.220(4)(f); and (3) 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.
803 KAR 2:320. Air contaminants. A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to change the name from "air contaminants" to "toxic and hazardous substances" to more accurately reflect the contents 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 clearly state the necessity for and function served by the administrative regulation, as required by KRS 13A.220(4)(f); and (4) to amend Sections 1 to 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.
803 KAR 2:403. Occupational health and environmental controls. 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 the administrative regulation, as required by KRS 13A.220(4)(f); 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.
803 KAR 2:425. Toxic and hazardous substances. 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 the administrative regulation, as required by KRS 13A.220(4)(f); and (3) 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.
803 KAR 2:500. Maritime employment. 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 the administrative regulation, as required by KRS 13A.220(4)(f); 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.
Department of Public Protection: Office of Insurance: Agents, Consultants, Solicitors and Adjusters
806 KAR 9:001. Prelicensing courses of study; instructors. Carrie Banahan and Malinda Shepherd represented the Office.
A motion was made and seconded to approve the following amendments: (1) to amend Section 2 to include a standard by which the agency approves prelicensing courses of study; 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 9:020. False or deceptive names, titles, prohibited. 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 9:200. Volume of insurance agent exchange of business. 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 9:250. Specialty credit insurance producer and managing employee. In response to a question by Representative Bruce, Ms. Shepherd stated that as an example, this administrative regulation applies to jewelry stores.
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 9:265. Rental vehicle agent and managing employee. A motion was made and seconded to approve the following amendments: (1) to amend Section 5 to include a standard by which the agency approves prelicensing courses of study; 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 9:320. Viatical settlement provider license. 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 9:340. Forms for application, appointment, prelicensing, and continuing education course completion; examination retake, provider, and course approval; filing fee submission, instructor approval, continuing education attendance roster, and certificate of completion; specialty credit insurance producer supplement to license application, rental vehicle license supplemental application, continuing education certificate of completion, rental vehicle managing employee, continuing education certificate of completion, unlicensed employees, and representatives of rental vehicle agent; record correction, and background check request. 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.
Trade Practices and Frauds
806 KAR 12:080. Replacement of life insurance and annuity contracts. Carrie Banahan and Malinda Shepherd represented the Office.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO paragraph and Sections 1 to 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.
Division of Health Insurance Policy and Managed Care
806 KAR 17:150. Health benefit plan rate filing requirements. Carrie Banahan represented the Office. Lawrence Ford, Government Relations, Anthem Blue Cross and Blue Shield, appeared in response to this administrative regulation.
Mr. Ford stated that after discussions with the Department, Anthem will reserve their concerns regarding this administrative regulation until it is considered by the Interim Joint Committee on Banking and Insurance.
Motor Vehicle Reparations (No-Fault)
806 KAR 39:070. Proof of motor vehicle insurance. Tracy Bertram, Director, represented the Department. Roy Mundy, Commissioner, Department of Vehicle Regulation, Transportation Cabinet, Chris Miller, Director, Division of Motor Vehicle Licensing, and Willie Payton, Assistant Director, Division of Motor Vehicle Licensing appeared in response to this administrative regulation.
In response to questions from Representative Lee, Mr. Bertram stated that this administrative regulation implements House Bill 29 from the 2004 Regular Session of the General Assembly. Beginning January 1, 2006, it requires insurers to report their full book of business, including policy cancellations, by the fifteenth of the month. The database will cross-check cancellations automatically by Vehicle Identification Number and will notify the Transportation Cabinet if a replacement policy is not identified. Before the database is updated at the next reporting period, an insured with a new policy can use his proof of insurance card as prima facie evidence of coverage.
In response to questions by Co-Chair Roeding, Mr. Bertram stated that this administrative regulation will enable the Department to identify individuals who cancel their policies in a more timely manner.
In response to questions by Representative Lee, Mr. Payton stated that with this new system, the Transportation Cabinet will know monthly if an individual cancels his policy. If the individual does not present proof of replacement coverage to the County Clerk within thirty (30) days, the Cabinet will cancel his registration. The state police can also utilize the system in traffic stops to determine if the driver has insurance in force or not. If not, the officer can cite the driver to show proof.
In response to questions by Representative Lee, Commissioner Mundy stated that the new system will help identify those with and without insurance coverage in a more efficient and accurate way. After the Cabinet notifies the County Clerk that an individual's registration has been cancelled due to lack of insurance, the County Clerk is responsible for reclaiming the individual's car tag. To facilitate that process, he recommends that a fee be established to reimburse the clerk for his costs.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and 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.
Cabinet for Health and Family Services: Department for Public Health: Division of Adult and Child Health Improvement: Mental and Child Health
902 KAR 4:035 & E. Cost reimbursement for special food products. John Hensley, Manager, Health Care Access Branch, and Sandy Fawbush, Newborn Screening Program Coordinator, represented the Department.
A motion was made and seconded to approve the following amendments: to amend Section 1 to limit coverage for special food products to those disorders listed in KRS 205.560(1)(c), as required by KRS 205.560(1)(c), 213.141(2), and 304.17A-139(4). Without objection, and with agreement of the agency, the amendments were approved.
Division of Adult and Child Health Improvement
902 KAR 22:040. Charitable health care providers. 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 Section 3 to change the edition date of the material incorporated by reference; and (3) to amend the application form incorporated by reference to correct a statutory citation included on the form. Without objection, and with agreement of the agency, the amendments were approved.
Department for Community Based Services: Division of Policy Development: Food Stamp Program
921 KAR 3:020. Financial requirements. Jason Moseley, Director, and Elizabeth Caywood, Assistant Director, represented the Division.
Child Welfare
922 KAR 1:010. Independent adoptions. In response to questions by Senator Tapp, Mr. Moseley stated that this administrative regulation was amended to authorize private child-placing agencies to perform home studies for independent adoptions for applicants whose income exceeds 250% of the federal poverty guideline, which in 2005 is $48,375 for a family of four. The Department hopes to quicken the adoption process by dividing the home studies with private agencies. The amendments also increase the independent adoption application fee by fifty (50) dollars because the Department has extended the background and child abuse and neglect checks to all members of the adoptive household.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 2 to 12 to: (a) delete provisions that were repetitive of statutory provisions; (b) correct titles of forms incorporated by reference; (c) use consistent terminology throughout; (d) clarify the requirements for an independent adoption and home study, and assure they correspond with the requirements on the application forms; and (e) comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend the material incorporated by reference to: (a) amend various forms to correct titles; and (b) amend the DPP-187, Independent Adoption Application, to add or correct required information so that it corresponds with the requirements of the administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
922 KAR 1:530. Post-adoption placement stabilization services. A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to insert statutory citations; 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.
The Subcommittee and the promulgating agencies agreed to defer consideration of the following administrative regulations to the next meeting of the Subcommittee:
Cabinet for Health and Family Services: 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.
Radon
902 KAR 95:010. Definitions for 902 KAR Chapter 95.
The subcommittee adjourned at 11:00 a.m. until November 8, 2005.