The September meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, September 12, 2006, at 10:00 AM, in Room 154 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; Senators Joey Pendleton, and Gary Tapp; Representatives James E Bruce, Jimmie Lee, and Jon David Reinhardt .
Guests: Emma Lou Hartlage, Scott Porter, Board of Embalmers and Funeral Directors; Nathan Goldman, Board of Nursing; Diane Fleming, Mark Woodward, Board of Chiropractic Examiners; Mark Brengelman, Troy L. Grubb, Becky Klusch, Board of Physical Therapy; Ellen Benzing, Gerard "Gerry" Buynak, Jon Gassett, Department of Fish and Wildlife Resources; Steve Lynn, Department of Criminal Justice Training; John Forgy, Lisa Underwood, John Veitch, Kentucky Horse Racing Authority; Elizabeth Caywood, Steve Davis, David Gayle, Linda Harney, Martha H. McClain, Cabinet for Health and Family Services; Tim Guilfoile, League of Kentucky Sportsmen; Nancy Galvagni, Kentucky Hospital Association; and Kathy Haddix, Jewish Hospital.
LRC Staff: Dave Nicholas, Emily Caudill, Donna Little, Laura Milam, Mark Matics, Kara Daniel, Ellen Steinberg, Emily Harkenrider, and Roslyn Hendrickson
The Administrative Regulation Review Subcommittee met on Tuesday, September 12, 2006, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
GENERAL GOVERNMENT CABINET: Board of Embalmers and Funeral Directors: Board
201 KAR 15:110 & E. Funeral establishment criteria. Emma Lou Hartlage, executive director, and Scott Porter, 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 Sections 2, 3, 5, 6, and 9 to comply with the formatting and drafting requirements of KRS Chapter 13A; and (3) to add Section 10 which incorporates by reference the required application. Without objection, and with agreement of the agency, the amendments were approved.
Board of Nursing: Board
201 KAR 20:056. Advanced registered nurse practitioner registration, program requirements, recognition of a national certifying organization. Nathan Goldman, general counsel, represented the board.
In response to a question by Senator Roeding, Mr. Goldman stated there is no Kentucky certification but that national organizations conduct examinations similar to licensure examinations and issue a national certification to those who pass.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 20:057. Scope and standards of practice of advanced registered nurse practitioners.
In response to a question by Senator Tapp, Mr. Goldman stated that possible meeting dates have been provided to the formulary committee members but they have not yet determined a meeting date based on the responses.
In response to questions by Senator Roeding, Mr. Goldman stated that the administrative regulation required that the name, business address, and specialty be listed in a collaborative agreement between a nurse practitioner and a physician. The drugs the nurse could prescribe was a matter of negotiation between the physician and nurse as required by statute. Information about the continuing education requirements had been provided through the Board of Nursing website and through programs offered by the Kentucky Coalition of Nurse Practitioners and the Kentucky Nurses Association. They had received about 140 applications to date and there were about 3,000 advanced registered nurse practitioners including many nurse anesthetists who likely would not apply. Information about Kasper (Kentucky All Schedule Prescription Electronic Reporting) would be provided to the practitioners.
A motion was made and seconded to approve the following amendment: to amend the RELATES TO paragraph to correct statutory citations. Without objection, and with agreement of the agency, the amendment was approved.
Board of Chiropractic Examiners: Board
201 KAR 21:015. Code of ethical conduct. Diane Fleming, assistant attorney general, and Dr. Mark Woodward, president, 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 Section 1 to: (a) comply with the formatting and drafting requirements of KRS Chapter 13A; (b) delete provisions that repeat the statutes; and (3) Section 2 to delete ambiguous language. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 21:025. Board; officers, duties. 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 comply with the formatting and drafting requirements of KRS Chapter 13A; and (3) to add Section 3 which includes the salary of the executive secretary and the per diem for board members as required by statute. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 21:051. Board hearings; complaints. 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 Sections 2 through 4 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 21:055. Colleges and universities; accreditation, approval. 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 1-3 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 21:085. Preceptorship program.
In response to questions by Senator Roeding, Dr. Woodward stated that the fee charged to a preceptor went to the board, not the individual, and that it had been increased to cover the costs of increased liability and administrative paper work incidental to the preceptorship program. The board did not believe the increase would serve as a disincentive for chiropractors to act as preceptors.
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 Sections 1-3 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 21:100. Minimum standards for recordkeeping/itemized statements. 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 Section 1 to correct a minor drafting error. Without objection, and with agreement of the agency, the amendments were approved.
COMMERCE CABINET: Department of Fish and Wildlife Resources: Fish
301 KAR 1:031. Land Between the Lakes provisions. Jon Gassett, Commissioner, Gerard Buynak, and Ellen Benzing, general counsel, represented the department.
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 formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
301 KAR 1:032. Repeal of 301 KAR 1:030.
301 KAR 1:140. Special commercial fishing permit. A motion was made and seconded to approve the following amendment: to amend Sections 2, 5, 7, and 8 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendment was approved.
Game
301 KAR 2:075. Wildlife rehabilitation permit. A motion was made and seconded to approve the following amendment: (1) to amend Section 2 to: (a) include the required training course; and (b) add falsification of information on the application as a cause for revocation; and (2) to amend Sections 2-4 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
301 KAR 2:251. Hunting and trapping seasons and limits for furbearers and small game.
Licensing
301 KAR 5:050. Purchasing licenses electronically. A motion was made and seconded to approve the following amendment: to amend Section 1 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendment was approved.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Criminal Justice Training: Concealed Deadly Weapons
503 KAR 4:040. Required instructor training. Steve Lynn, assistant general counsel, represented the Department.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to require an applicant to complete the applicant request for training form, including a statement acknowledging receipt of copies of statutory provisions; (2) to amend Sections 1 to 6 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Section 6 to incorporate by reference the required applicant request for training form. Without objection, and with agreement of the agency, the amendments were approved.
503 KAR 4:050. Required content and conduct of the applicant training course. A motion was made and seconded to approve the following amendments: (1) to amend Section 2 to clarify the language to conform with KRS 237.110(4)(i)(3) regarding the length of the safety course and the number of rounds to be fired; and (2) to amend Sections 4, 6, 8, 9, 11, and 13 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: Kentucky Horse Racing
Authority: Thoroughbred Racing
810 KAR 1:009. Jockeys and apprentices. John Forgy, general counsel, Lisa Underwood, deputy commissioner, and John Veitch, chief state steward, represented the authority.
A motion was made and seconded to approve the following amendments: (1) to amend Section 2(4) to clarify the circumstances under which a jockey medical affidavit might be required; (2) to amend Section 10 and Section 11(1) to clarify the circumstances under which a jockey might be excused from fulfilling riding engagements or being present in the jockey room; (3) to amend Section 11(2) and (3) to clarify the types of communications allowed outside the jockey room and the persons allowed inside the jockey room; (4) to amend Section 15(1)(a) to clarify that material advertising or promoting the Jockey's Guild and the NTRA Permanently Disabled Jockeys Fund shall not be accompanied by any other unapproved picture or logo, and to clearly state the approval process for other material; and (5) to amend Sections 1 through 5, 8, 10 through 12, 14, and 15 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 20:074 & E. Operation and services; outpatient health care center. Steve Davis, deputy inspector general, represented the agency. Kathy Haddix attorney for Jewish Hospital, and Nancy Galvagni, Kentucky Hospital Association, appeared in support of this administrative regulation.
Senator Roeding introduced an amendment to specify the administrative regulation’s limited applicability to outpatient health care centers in a medically under-served area with 60,000 or more persons and no hospital. In response to a question from Representative Bruce, Senator Roeding stated that a meeting was held with Jewish Hospital in Bullitt County and the hospital was in agreement with the amendment, which clarified that the administrative regulation applied only to that facility.
Mr. Davis stated he had reviewed the amendment, as had cabinet staff, stakeholders, and involved parties, and that all were agreeable to the amendment. He stated the cabinet had conducted a very transparent and open regulation drafting process and that, although this amendment was added very recently, it simply clarified the application of the regulation and did not make a substantive change.
Ms. Haddix stated that the amendment recited language from a previous budget bill and that Jewish Hospital is agreeable to the amendment.
Senator Tapp expressed his support for Jewish Hospital and the amendment but expressed concern that the Kentucky Hospital Association had not consulted with Jewish Hospital about the amendment.
Ms. Galvagni stated that the Kentucky Hospital Association supported the administrative regulation and appreciated the amendment. She stated that she believed that her association’s president had called the president of Jewish Hospital to discuss the matter.
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 Section 5(1) to clarify the staffing requirements for outpatient health care centers; (3) to amend Section 5(2) to clarify that job descriptions shall be reviewed and revised by the administrator; (4) to amend Section 5(3) to clarify that in-service training shall be provided quarterly; (5) to amend Section 5(2)(c) to update the tuberculosis testing requirements; (6) to amend Sections 2, 3, and 5 through 8 to comply with the drafting and format requirements of KRS Chapter 13A; and (7) to amend Section 2 to specify that an outpatient health care center shall be located in a county that has no hospital, that has a population of 60,000 or more persons, and that also is a medically underserved area as determined by the Secretary of the Federal Department for Health and Human Services. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 20:390. Paid feeding assistants. 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 Section 2(7) to clarify that in-service training shall be provided quarterly; and (4) to amend 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.
Department for Mental Health and Mental Retardation Services: Division of Administration and Financial Management: Institutional Care
908 KAR 3:050 & E. Per diem rate pursuant to KRS 210.710-760. Linda Harney, deputy commissioner, represented the department.
In response to a question by Senator Tapp, Ms. Harney stated that the per diem rates were the established amount charged for services in their mental health and mental retardation facilities. They were updated annually based on the most recent audited cost report rates.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to correct a statutory citation; and (2) to amend the RELATES TO 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.
Department for Community Based Services: Division of Policy Development: Child Support
921 KAR 1:380. Child Support Program application and interstate process. David Gayle, regulation coordinator, and Elizabeth Caywood represented the department.
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; 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.
921 KAR 1:390. Child Support Program paternity establishment. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to insert a 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 Section 2(2) to clarify the requirements for determining good cause; (4) to amend Section 3 to delete material incorporated by reference that is not utilized in this administrative regulation; and (5) to amend Sections 1 through 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.
921 KAR 1:400. Establishment, review, and modification of child support and medical support orders. A motion was made and seconded to approve the following amendment: to amend Sections 1, 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.
921 KAR 4:118 & E. Weatherization assistance for low income persons. 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 Section 1(8) to correctly set forth the definition of "person with a disability"; (3) to amend Section 5(1) to clarify the circumstances under which a health condition might interfere with qualification for weatherization services; and (4) to amend Sections 1, 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.
The following administrative regulations were deferred to the next meeting of the Subcommittee:
GENERAL GOVERNMENT CABINET: Board of Physical Therapy: Board
201 KAR 22:070 & E. Requirements for foreign-educated physical therapists. Mark Brengelman, assistant attorney general, Troy Grubb, chair, and Becky Klusch, executive director, represented the board. Mr. Grubb requested this administrative regulation be deferred until the next meeting. Without objection and with agreement of the committee, this administrative regulation was deferred.
Department of Agriculture: Division of Show and Fair Promotion: Fairs and Shows
302 KAR 15:010. Administration; state aid to local fairs.
Division of Regulation and Inspection: Weights and Measures
302 KAR 85:010. Requirements to establish fee schedules for calibrations, adjustments, weights and measures.
TRANSPORTATION CABINET: Office of Budget and Fiscal Management: Property Acquisition and Uniform Relocation
600 KAR 3:030. Relocation or reconstruction of utility and rail facilities; record keeping and audit requirements.
Department of Highways: Division of Program Performance: Professional Engineering and Related Services
600 KAR 6:010. Definitions of terms used in 600 KAR Chapter 6.
600 KAR 6:020. Transportation Cabinet employee responsibilities in the implementation of KRS 45A.800 to 45A.835.
600 KAR 6:030. Federal requirements.
600 KAR 6:040. Prequalification of firms for professional engineering or related services.
600 KAR 6:050. Procurement bulletins and advertisement for selection of professional firms for engineering or related services.
600 KAR 6:060. Professional Engineering Service Selection Committee.
600 KAR 6:065. Pooling of professional engineering or related services.
600 KAR 6:070. Contracting for professional engineering or related services.
600 KAR 6:080. Financial records and audits of firms.
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 17:180 & E. Standard health and benefit plan.
Kentucky Horse Racing Authority: Thoroughbred Racing
810 KAR 1:080. International wagering hubs.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Medicaid Services: Division of Long Term Care and Disability Services: Medicaid Services
907 KAR 1:170 & E. Reimbursement for home and community based waiver services.
Department for Community Based Services: Division of Policy Development: Day Care
922 KAR 2:170 & E. STARS for KIDS NOW Program for Type I licensed child care centers.
The subcommittee adjourned at 10:55 a.m. until October 10, 2006 at 10 a.m. in room 154 Capitol Annex.