The January meeting of the Administrative Regulation Review Subcommittee was held on Monday, January 9, 2006, at 2:00 PM, in Room 129 of the Capitol Annex. Representative Tanya G Pullin, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Representative Tanya G Pullin, Co-Chair; Senator Richard "Dick" Roeding, Co-Chair; Senators Alice Forgy Kerr, Joey Pendleton, and Gary Tapp; Representatives James E Bruce and Jimmie Lee.
Guests: Andy Crocker, Personnel Board; Angela Robinson, Ed Ross, Finance and Administration Cabinet; Connie Calvert, Dr. Jerald Combs, Board of Optometric Examiners; Gary Munsie, Board of Dentistry; Tim Hughes, Governor's Office of Agricultural Policy; Jon Gassett, Cara Jarrell, Jim Lane, Kentucky Department of Fish and Wildlife Resources; Larry Ball, Kentucky Law Enforcement Council; Horace Johnson, Steve Lynn, Department of Criminal Justice; Frank Becker, Martin Maline, Dr. Thomas Tobin, Kentucky Horsemen's Benevolent & Protective Association (KHBPA); Lisa Underwood, Kentucky Horse Racing Authority; Carrie Banahan, Glenn Jennings, Kentucky Office of Insurance; Steve Davis, Trish Howard, Jason Moseley, Cabinet for Health and Family Services; Charles Kendell, Mark M. Reed, Department for Public Health; Linda Harney and Stuart Owen, Medicaid Services.
LRC Staff: Dave Nicholas, Emily Caudill, Donna Little, Laura Milam, Karen Howard, Sarah Amburgey, Emily Harkenrider, Roslyn Hendrickson, and Daniel Tierney.
The Administrative Regulation Review Subcommittee met on Monday, January 9, 2006, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
PERSONNEL BOARD: Personnel Board
101 KAR 1:325. Probationary periods. Andy Crocker, General Counsel, represented the board.
FINANCE AND ADMINISTRATION CABINET: Office of the Secretary: Office of the Controller: Travel Expense and Reimbursement
200 KAR 2:006 & E. Employees' reimbursement for travel. Ed Ross, Executive Director, represented the cabinet.
A motion was made and seconded to approve the following amendment: 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 amendment was approved.
Office of the Secretary: Purchasing
200 KAR 5:021. Manual of policies and procedures. A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to revise the edition date of the Manual of Policies and Procedures; (2) to amend FAP 111-58-00, 4.g., to state that the Office of the Controller may authorize use of the procurement card for lease purchases as long as the authorization is in accordance with Section 49 of the Kentucky Constitution; (3) to amend FAP 111-58-00, 4.j., to state that the Office of the Controller may authorize use of the procurement card for printing services as long as the authorization is in accordance with Section 247 of the Kentucky Constitution; and (4) 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 Optometric Examiners: Board
201 KAR 5:010. Application for licensure; endorsement. Dr. Jerald Combs, President, and Connie Calvert, Director, represented the board.
Board of Dentistry: Board
201 KAR 8:185. Written examination grade requirements. 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; (2) to amend Section 1 to correct minor drafting errors; and (3) to amend Section 1 to establish a remediation plan with input from the applicant and the board. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 8:220. Clinical examinations. 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 establish a remediation plan with input from the applicant and the board. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 8:277. Written and clinical application grade requirements. A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to correct minor drafting errors; and (2) to amend Sections 2 and 3 to establish remediation plans with input from the applicant and the board. Without objection, and with agreement of the agency, the amendments were approved.
GOVERNOR'S OFFICE OF AGRICULTURAL POLICY: Kentucky Agricultural Finance Corporation
202 KAR 9:020. Linked Deposit Investment Program. Tim Hughes, Marketing and Business Coordinator, represented the office.
In response to a question by Co-Chair Roeding, Mr. Hughes stated that the Linked Deposit Investment Program had been in operation for several years. Application information was available on the internet and at local banks.
A motion was made and seconded to approve the following amendment: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 6 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendment was approved.
COMMERCE CABINET: Kentucky Department of Fish and Wildlife Resources: Game
301 KAR 2:221 & E. Waterfowl seasons and limits. Jon Gassett, Commissioner, and Cara Jarrell, Attorney, represented the department.
301 KAR 2:222 & E. Waterfowl hunting requirements. A motion was made and seconded to approve the following amendment: to amend Section 6 to correct minor drafting errors. Without objection, and with agreement of the agency, the amendment was approved.
JUSTICE AND PUBLIC SAFETY CABINET: Kentucky Law Enforcement Council: Council
503 KAR 1:110. Department of Criminal Justice Training basic training: graduation requirements; records. Steve Lynn, Assistant General Counsel, Horace Johnson, Director, and Larry Ball, Executive Director, represented the cabinet.
A motion was made and seconded to approve the following amendment: to amend the STATUTORY AUTHORITY paragraph to include a citation. Without objection, and with agreement of the agency, the amendment was approved.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department of Public Protection: Office of Insurance: Division of Health Insurance Policy and Managed Care: Health Insurance Contracts
806 KAR 17:310. Prompt payment of claims reporting requirements. Glenn Jennings, Executive Director, and Carrie Banahan, Deputy Executive Director, represented the office.
In response to a question by Representative Bruce, Mr. Jennings stated that 806 KAR 17:310 and 360 were amended to implement the prompt payment statutes for dentists, enacted in the 2005 Session of the General Assembly.
A motion was made and seconded to approve the following amendment: 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 amendment was approved.
806 KAR 17:360. Prompt payment of claims. A motion was made and seconded to approve the following amendment: 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 amendment was approved.
806 KAR 17:480. Uniform evaluation and reevaluation of providers. In response to a question by Representative Bruce, Mr. Jennings stated that this administrative regulation incorporated by reference a form to be used in credentialing health care providers.
A motion was made and seconded to approve the following amendment: 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 amendment was approved.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of the Inspector General: Health Services and Facilities
902 KAR 20:106. Operation and services; ambulatory surgical center. Steve Davis, Deputy Inspector General, represented the office.
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 1 to insert definitions for "Ambulatory surgical center" and "Licensee"; (4) to amend Section 3 to clarify requirements relating to verbal orders; (5) to amend Section 7 to reinsert Schedule III, IV and V controlled substances counts; and (6) to amend Sections 1 to 4 and 7 to 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.
902 KAR 20:190. Rehabilitation agency services. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph 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 1 to insert definitions for "Rehabilitation agency" and "Licensee"; (4) to amend Section 4 to clarify what was meant by a significant change in a patient's condition; and (5) to amend Sections 1 to 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.
Department for Public Health: Division of Public Health Protection and Safety: Food and Cosmetics
902 KAR 45:020 & E. Shellfish. Charles Kendell, Commissioner's Office, and Mark Reed, Supervisor, represented the department.
In response to a question by Co-Chair Roeding, Mr. Reed stated that the industry had requested the amendments to this administrative regulation. They aligned Kentucky's shellfish sanitary standards with the federal standards so Kentucky dealers could participate in interstate commerce.
A motion was made and seconded to approve the following amendments: (1) to amend Section 9 to include sixty-four (64) ounce packages in the packaging requirements; (2) to amend Section 10 to establish recording requirements for computerized transaction records; (3) to amend Sections 12 to 14 to refer to rather than repeat the sanitary standards established in Section 11; (4) to amend Section 16 to include hearings under KRS Chapter 13B; and (5) to amend the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 to 4 and 6 to 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.
Department for Medicaid Services: Division for Long Term Care and Community Alternatives: Medicaid Services
907 KAR 1:025 & E. Payment for services provided by an intermediate care facility for individuals with mental retardation or a developmental disability, a dually-licensed pediatric facility, an institution for mental diseases, or a nursing facility with an all-inclusive rate unit. Linda Harney, Deputy Commissioner, and Stuart Owen, Regulation Coordinator, represented the department.
A motion was made and seconded to approve the following amendment: to amend Sections 3 and 6 to comply with the drafting and format requirements of KRS Chapter 13A and to specify that the displacement of residents must be governmentally imposed to qualify for the facility reimbursement adjustment. Without objection, and with agreement of the agency, the amendment was approved.
Department for Community Based Services: Division of Policy Development: K-TAP, Kentucky Works, Welfare to Work, State Supplementation
921 KAR 2:370. Technical requirements for Kentucky Works. Jason Moseley, Director, represented the division.
A motion was made and seconded to approve the following amendment: 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 amendment was approved.
Child Welfare
922 KAR 1:470. Central registry. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct statutory citations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 1 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
The following administrative regulations were deferred to the next meeting of the Subcommittee:
GENERAL GOVERNMENT CABINET: Real Estate Commission: Board
201 KAR 11:011 & E. Definitions for 201 KAR Chapter 11.
201 KAR 11:121 & E. Improper conduct.
Board of Nursing: Board
201 KAR 20:240. Fees for applications and for services.
201 KAR 20:280. Standards for prelicensure registered nurse and practical nurse programs.
JUSTICE AND PUBLIC SAFETY CABINET: Kentucky Law Enforcement Council: General Training Provision
503 KAR 3:050. Telecommunications academy: graduation requirements; records.
503 KAR 3:070. Telecommunications academy (non-CJIS).
EDUCATION CABINET: Department for Workforce Investment: Office of Career and Technical Education: Personnel System for Certified and Equivalent Employees
780 KAR 3:020. Compensation plan.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department of Public Protection: Office of Insurance: Agents, Consultants, Solicitors and Adjusters
806 KAR 9:070. Examinations.
806 KAR 9:220. Continuing education.
806 KAR 9:310. Viatical settlement broker license.
Life Insurance and Annuity Contracts
806 KAR 15:050. Reporting and general requirements for viatical settlement providers and brokers.
Kentucky Horse Racing Authority: Thoroughbred Racing
810 KAR 1:028 & E. Disciplinary measurements and penalties. Lisa Underwood, Deputy Commissioner and General Counsel, represented the authority. Frank Becker, General Counsel, Kentucky Horsemen's Benevolent & Protective Association (HBPA), appeared in favor of deferring consideration of this administrative regulation.
In response to a question by Co-Chair Roeding, Mr. Becker stated that the authority had been meeting with the HBPA regarding this administrative regulation.
In response to a question by Representative Lee, Ms. Underwood and Mr. Becker stated that they were hopeful about the development of thresholds for equine medications.
Ms. Underwood stated that the authority agreed to defer consideration of this administrative regulation. Without objection, and with agreement of the subcommittee, this administrative regulation was deferred.
Office of Charitable Gaming: Charitable Gaming
820 KAR 1:001. Definitions for 820 KAR Chapter 1.
820 KAR 1:005. Exempt organizations.
820 KAR 1:010. Temporary license.
820 KAR 1:015. Issuance of annual license for a charitable organization.
820 KAR 1:016. Distributor and manufacturer licensees.
820 KAR 1:017. Licensing inspections.
820 KAR 1:025. Quarterly reports of a licensed charitable organization.
820 KAR 1:026. Quarterly reports of a licensed charitable gaming facility.
820 KAR 1:027. Quarterly reports of a licensed distributor.
820 KAR 1:028. Late fines.
820 KAR 1:029. Facility licensees.
820 KAR 1:031. Repeal of 820 KAR 1:030, 1:040, and 1:070.
820 KAR 1:032. Pulltab construction.
820 KAR 1:034. Pulltab dispenser construction.
820 KAR 1:036. Pulltab rules of play.
820 KAR 1:042. Bingo paper standards.
820 KAR 1:044. Bingo equipment.
820 KAR 1:046. Bingo rules of play.
820 KAR 1:050. Raffle standards.
820 KAR 1:055. Charity fundraising event standards.
820 KAR 1:056. Special limited charity fundraising event standards.
820 KAR 1:057. Accurate records.
820 KAR 1:058. Gaming Occasion Records.
820 KAR 1:060. Tipping prohibited.
820 KAR 1:120. Other allowable expenses.
820 KAR 1:125. Gaming inspections.
820 KAR 1:130. Administrative actions.
The subcommittee adjourned at 2:45 p.m. until February 2006.