The December meeting of the Administrative Regulation Review Subcommittee was held on Monday, December 10, 2007, at 10:00 AM, in Room 154 of the Capitol Annex. Representative Robert R. Damron, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Dick Roeding, Co-Chair; Representative Robert R. Damron, Co-Chair; Senators Joey Pendleton, and Gary Tapp; Representatives Danny Ford, Jimmie Lee, and Ron Weston.
Guests: Alicia Sneed, Dr. Marilyn Troupe, Mike Carr, Education Professional Standards Board; Laura Ferguson, Angela Robinson, Finance and Administration Cabinet; Andrew Hartley, Glenn Oldham, Allen Wilson, Governor's Office for Local Development; Michael Burleson, Kentucky Board of Pharmacy; Jonathan Buckley, David Cox, Kentucky State Board of Licensure for Professional Engineers and Land Surveyors; Nathan Goldman, Kentucky Board of Nursing; Becky Klusch, Kentucky board of Physical Therapy, Diane Fleming, Jan Gordon, Claude Wagner, Kentucky State Board for Proprietary Education; John Brunjes, Morgain Sprague, Kentucky Department of Fish and Wildlife Resources; Katie Smith, Hollie Spade, Catherine Staib, Kentucky Economic Development Finance Authority; Graham Gray, Karen Howard, Justice and Public Safety Cabinet; Tamela Biggs, Larry Moore, Education Cabinet; David Stumbo, Kentucky Department of Labor; Randy Azbill, Kentucky Office of Insurance; John Forgy, John Veitch, Jim Gates, Jamie Haydon, Kentucky Horse Racing Authority; Tim House, Michael Peck, David Reichert, Office of Housing, Buildings and Construction; Stephanie Brammer-Barnes, Van Ingram, Office of Inspector General; Molly Clouse, Maureen Fitzgerald, Sandy Silver, Department for Mental Health and Mental Retardation Services; Art Rockwood, John Shupp, W. Edward McCracken, Martin Maline, Carol Kay Hughes.
LRC Staff: Dave Nicholas, Donna Little, Kara Daniel, Emily Harkenrider, Laura Milam, Emily Caudill, Jennifer Beeler, Laura Napier, and Ellen Steinberg.
The Administrative Regulation Review Subcommittee met on Monday, December 10, 2007 and submits this report:
EDUCATION PROFESSIONAL STANDARDS BOARD: General Administration
16 KAR 1:010. Standards for certified school personnel. Alicia Sneed, director of legal services; Mike Carr, director of certification; and Dr. Marilyn Troupe, director of educator preparation, represented the board.
A motion was made and seconded to approve the following amendments: 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.
Teaching Certificates
16 KAR 2:010. Kentucky teaching certificates.
In response to a question by Co-Chair Roeding, Mr. Carr stated that the master’s program was redesigned to grant a “teacher leader” endorsement on the certificate of individuals who successfully completed the program. That endorsement allowed teachers to work with other teachers as coaches, consultants, and resource teachers.
Dr. Troupe stated that a teacher who already had a master’s degree would also be able to get the endorsement. She stated that the master’s program was designed through collaboration between the universities and the local districts and that this administrative regulation would not create any delay and was supported by the universities.
A motion was made and seconded to approve the following amendments: 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.
Certification Procedures
16 KAR 4:010. Qualifications for professional school positions.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 5 and 6 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 24 to correct a cross-reference citation to another administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
Education Preparation
16 KAR 5:010. Standards for accreditation of educator preparation units and approval of programs.
In response to questions by Senator Tapp, Co-Chair Roeding, Co-Chair Damron, and Senator Pendleton, Dr. Troupe stated that a university or private vendor could follow the guidelines in this administrative regulation and become accredited to provide teacher education in Kentucky in approximately one (1) year. A university or private vendor in another state could provide online training in Kentucky without becoming accredited but was required to become accredited in order to have a physical presence in Kentucky. She stated this did not affect anyone currently working or teaching in the state.
Ms. Sneed stated that the new standards would become effective later in 2008 in order to allow time for individuals to complete a program they were already enrolled in and choose a future program that would meet the new requirements.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph and Section 2 to correct statutory citations; and (2) to amend Sections 3, 5, 6, 9, 12, 13, 16, 21, 22, 26, 27, and 28 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Advanced Certification and Rank
16 KAR 8:022. Repeal of 16 KAR 8:021.
A motion was made and seconded to approve the following amendments: to amend Sections 2 to 6 to delete provisions that repeated Section 1 of this administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
FINANCE AND ADMINISTRATION CABINET: State Tax Increment Financing Commission: Tax Increment Financing
103 KAR 50:020 & E. Application for state participation in tax increment financing projects. Laura Ferguson, staff attorney, represented the cabinet.
In response to a question by Co-Chair Roeding, Ms. Ferguson stated that applicants understood the new application and that staff were available to answer any questions the applicants had.
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 Sections 1 to 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.
103 KAR 50:030 & E. Commercially reasonable limits on financing costs.
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 Sections 1, 2, and 3 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Section 1 to specify that the bond index is the Bond Buyer 25 Revenue Muni Bond Index. Without objection, and with agreement of the agency, the amendments were approved.
103 KAR 50:040 & E. General administration.
In response to a question by Co-Chair Roeding, Ms. Ferguson stated that the cabinet had worked with applicants when amending this administrative regulation.
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 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.
GENERAL GOVERNMENT: Governor's Office for Local Development: Uniform Financial Information Report
109 KAR 13:010. Uniform financial information report. Andrew Hartley, staff attorney; Glenn Oldham, local government branch manager; and Allen Wilson, general counsel, represented the office.
In response to a question by Co-Chair Roeding, Mr. Oldham stated that all units of local government and special districts were required to submit the report, but school boards were not.
In response to a question by Senator Tapp, Mr. Oldham stated that there was no training available for completing the report but that the office was working with the League of Cities to develop statewide training.
Kentucky Board of Pharmacy: Board
201 KAR 2:040. Registration of pharmacist interns. Mike Burleson, executive director, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend section 8 to delete a date that is no longer needed; and (2) to amend Sections 6 and 9 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Kentucky State Board of Licensure for Professional Engineers and Land Surveyors: Board
201 KAR 18:040. Fees. David Cox, executive director, and Jonathan Buckley, general counsel, represented the board.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 2 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 18:072. Experience.
In response to questions by Co-Chair Roeding, Mr. Cox stated that credit for experience prior to graduation was eliminated because it created a licensing reciprocity problem with Indiana and Illinois, which did not grant credit for that experience. He stated that only about one-half of applicants for such credit received it. He stated that four years of experience after graduation was required in order to become certified.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 2 to correct minor drafting errors. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 18:196. Continuing Professional Development for Engineers.
In response to a question by Co-Chair Roeding, Mr. Cox stated that the office had taken steps to publicize the new requirements for continuing education and would continue to do so.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to correct a minor drafting error; (2) to amend Section 3 to include accepted methods of obtaining PDH units; and (3) to amend Sections 1 through 6, and 8 through 10 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Nursing: Board
201 KAR 20:470. Dialysis technician credentialing requirements and training program standards. Nathan Goldman, general counsel, represented the board.
In response to a question by Co-Chair Roeding, Mr. Goldman stated that this administrative regulation clarified when out-of-state dialysis technicians needed to obtain Kentucky credentials.
A motion was made and seconded to approve the following amendments: to amend Section 2 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Physical Therapy: Board
201 KAR 22:045. Continued competency requirements and procedures. Becky Klusch, executive director, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend Section 2 to comply with the formatting and drafting requirements of KRS Chapter 13A; and (2) to incorporate by reference the required form. Without objection, and with agreement of the agency, the amendments were approved.
Kentucky State Board for Proprietary Education: Board
201 KAR 40:020. Standards for Approval of Associate Degree Programs. Claude Wagner, director; Diane Fleming, deputy attorney general; and Jan Gordon, executive director of Spencerian College, 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 and Sections 1 to 5 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend the material incorporated by reference to make technical corrections. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 40:025. Fees.
In response to a question by Co-Chair Roeding, Ms. Gordon stated that the fees remained the same.
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; (2) to amend the STATUTORY AUTHORITY paragraph and the material incorporated by reference to make technical corrections; and (3) to amend Sections 1 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.
201 KAR 40:027. School Record Keeping Requirements.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY 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, as required by KRS 13A.220; 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.
201 KAR 40:030. Procedures for Hearings.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs and Section 5 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; (3) to amend Sections 1 to 6 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to amend the material incorporated by reference to make technical corrections. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 40:150. Bond Requirements for Agents and Schools.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to correct statutory citations and to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (2) to amend Sections 1, 2, and 4 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend the material incorporated by reference to make technical corrections. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 40:155. School closing process.
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; (3) to amend Sections 1 to 4 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to incorporate by reference the Board for Proprietary Education Records Retention Schedule Recommendation. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 40:160. Transfer of ownership; change of location; change of name; revision to existing programs.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to make technical corrections; (2) to amend the STATUTORY AUTHORITY paragraph to correct statutory citations; (3) 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 (4) 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.
COMMERCE CABINET: Kentucky Department of Fish and Wildlife Resources: Game
301 KAR 2:225 & E. Dove, wood duck, teal, and other migratory game bird hunting. Morgain Sprague, general counsel, and John Brunjes, wildlife biologist, represented the department.
CABINET FOR ECONOMIC DEVELOPMENT: Kentucky Economic Development Finance Authority: Authority
307 KAR 1:040 & E. Application process for incentives for energy independence. Catherine Staib, assistant general counsel, represented the authority.
In response to questions by Co-Chair Roeding, Ms. Staib stated that this administrative regulation established application fees of $1000 plus one-fourth of one (1) percent of the incentive up to a maximum of $50,000. She stated this fee was higher than other fees charged due to the complexity of the program and the twenty-five (25) year duration of monitoring. She stated the authority would have to work with other programs to determine whether the applicant's program was viable and whether it brought a return to the state. She stated the application fee was $500 more than other programs and that no question had been raised about the fee by the applicants.
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; (2) to amend Section 1 to insert a definition of “carbon capture ready;” (3) to amend Section 4(3) to clarify that payments for professional services resulting from the application are paid through, instead of to, the Authority; and (4) to amend Sections 1, 2, 4, 5, 6, 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.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Kentucky State Police
Law Enforcement Officers Safety Act of 2004
502 KAR 13:010. Application for certification under the Law Enforcement Officers Safety Act of 2004 ("LEOSA"), 18 U.S.C. 926C, for honorably-retired elected or appointed peace officers. Karen Howard, attorney, and Graham Gray, administrative branch manager, represented the department.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO paragraph and Sections 5 and 6 to correct citations. Without objection, and with agreement of the agency, the amendments were approved.
502 KAR 13:030. Range qualifications for certification under the Law Enforcement Officers Safety Act of 2004 ("LEOSA"), 18 U.S.C. 926C, for honorably retired elected or appointed peace officers.
In response to questions by Co-Chair Roeding, Mr. Gray stated that this administrative regulation required the range qualification form to be delivered to the applicant rather than to the department to reduce the risk of its loss. He stated they had made law enforcement groups aware of the changes and they would post it on the state police Web site once the administrative regulations were effective.
In response to questions by Co-Chair Damron, Mr. Gray stated that, in response to a comment from a retired FBI agent, they had revised the application requirements to allow a copy of an affidavit as proof of retirement, rather than an original affidavit. He stated that, under federal law, retired officers had to meet the same range qualifications as active law enforcement officers which was to requalify once every twelve (12) months.
A motion was made and seconded to approve the following amendments: to amend Section 3 to make a technical correction. Without objection, and with agreement of the agency, the amendments were approved.
502 KAR 13:040. Issuance, expiration, and renewal of certification to carry a concealed deadly weapon pursuant to the Law Enforcement Officers Safety Act of 2004 ("LEOSA"), 18 U.S.C. 926C, for honorably retired elected or appointed peace officers.
In response to questions by Co-Chair Damron, Mr. Gray stated that law enforcement organizations were aware of the changes and that the department had addressed their concerns when amending this administrative regulation.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to include a new statutory citation; (2) to insert a definition for "license" to clarify that a license is the documentation of the approved certification; and (3) to amend Sections 1 to 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.
502 KAR 13:050. Replacement of licenses to carry a concealed deadly weapon pursuant to the Law Enforcement Officers Safety Act of 2004 ("LEOSA"), 18 U.S.C. 926C, for honorably retired elected or appointed peace officers.
A motion was made and seconded to approve the following amendments: (1) to insert a definition for "license" to clarify that a license is the documentation of the approved certification; and (2) to amend Section 2 to comply with the format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
502 KAR 13:060. Change of personal information regarding certification to carry a concealed deadly weapon pursuant to the Law Enforcement Officers Safety Act of 2004 ("LEOSA"), 18 U.S.C. 926C, for elected or appointed peace officers who are honorably retired.
A motion was made and seconded to approve the following amendments: (1) to amend the title for consistency with the other titles in this chapter; (2) to insert a definition for "license" to clarify that a license is the documentation of the approved certification; and (3) to amend Section 2 to comply with the format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
502 KAR 13:070. Applicant photograph requirements for certification to carry concealed deadly weapon pursuant to the Law Enforcement Officers Safety Act of 2004 ("LEOSA"), 18 U.S.C. 926C, for honorably retired elected or appointed peace officers.
A motion was made and seconded to approve the following amendments: (1) to amend the title for consistency with the other titles in this chapter; (2) to insert a definition for "license" to clarify that a license is the documentation of the approved certification; 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.
502 KAR 13:080. Incomplete application for certification to carry concealed deadly weapon pursuant to the Law Enforcement Officers Safety Act of 2004 ("LEOSA"), 18 U.S.C. 926C, for elected or appointed peace officers who are honorably retired.
A motion was made and seconded to approve the following amendments: (1) to amend the title for consistency with the other titles in this chapter; (2) to insert a definition for "license" to clarify that a license is the documentation of the approved certification; and (3) to amend 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.
EDUCATION CABINET: Office of Employment and Training: Unemployment Insurance
787 KAR 1:090. Unemployed worker's reporting requirements. Larry Moore, policy analyst, and Tamela Biggs, attorney, represented the office.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 2(2) to specify that the applicant shall provide picture identification and valid proof of the worker's Social Security number from the Social Security administration. Without objection, and with agreement of the agency, the amendments were approved.
787 KAR 1:140. Unemployment insurance fund payments.
787 KAR 1:230. Date of receipt of documents defined.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department of Labor
Occupational Safety and Health
803 KAR 2:310. Medical services and first aid. David Stumbo, health standards specialist, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to delete references to a federal regulation that is not applicable to this administrative regulation; and (2) to amend Section 2 to correct a typographical error. Without objection, and with agreement of the agency, the amendments were approved.
Office of Insurance: Health Insurance Contracts
806 KAR 17:180 & E. Standard health benefit plan. Randy Azbill, division director, represented the office.
Office of Housing, Buildings and Construction: Elevator Safety
815 KAR 4:010. Annual inspection of passenger elevators. David Reichert, general counsel; Tim House, director; and Michael Peck, chief elevator inspector, represented the office.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 and 3 to specify the applicable sections of the ASME A17.1-2004; (2) to amend Section 3 to specify the edition dates of the material incorporated by reference; and (3) to amend Section 2 to comply with the drafting requirements of KRS 13A.222. Without objection, and with agreement of the agency, the amendments were approved.
Kentucky Building Code
815 KAR 7:110. Criteria for expanded local jurisdiction.
A motion was made and seconded to approve the following amendments: to amend Section 1 to correct two references to building inspectors level III, rather than certified plans and specifications inspectors. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 7:120. Kentucky Building Code.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 and 3 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 5 to correct the edition date of the material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
Standards of Safety
815 KAR 10:060. Kentucky standards of safety.
A motion was made and seconded to approve the following amendments: to amend Sections 3 and 8 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Plumbing
815 KAR 20:020. Parts or Materials list.
A motion was made and seconded to approve the following amendments: to amend Section 5 to require a water or air test rather than a five (5) pound air test of its equivalent and comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 20:030. License application; qualifications for examination, examination requirements, expiration, renewal, revival or reinstatement of licenses.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct a statutory citation; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 3, 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.
815 KAR 20:032. Continuing Education Requirements for Licensed Plumbers.
In response to a question by Co-Chair Roeding, Mr. House stated that a letter was sent to all licensed plumbers informing them of the new continuing education requirements.
A motion was made and seconded to approve the following amendments: to amend the TITLE, the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 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.
815 KAR 20:034. Requirements for approval of continuing education courses and providers.
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 Sections 1, 2, 3, 4, and 6 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 20:090. Soil, waste, and vent systems.
A motion was made and seconded to approve the following amendments: to amend Sections 3, 6, 7, 35, and 36 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Electrical Inspectors
815 KAR 35:051. Repeal of 815 KAR 35:050.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Inspector General: Office
906 KAR 1:160. Monitoring system for products containing ephedrine, pseudoephedrine, or phenylpropanolamine. Van Ingram represented the office of drug policy and Stephanie Brammer-Barnes, regulations coordinator, represented the inspector general.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to correct the branch name; (2) to amend Sections 1, 2, and 5 to make technical clarifications; and (3) to amend Section 6 to require compliance within thirty (30) days of the date that a pharmacy has access to the KEMPT system after the effective date of this administrative regulation. 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:
FINANCE AND ADMINISTRATION CABINET: State Tax Increment Financing Commission: Tax Increment Financing
103 KAR 50:050 & E. Incremental revenues for income and limited liability entity taxes.
GENERAL GOVERNMENT: Kentucky Real Estate Commission: Commission
201 KAR 11:170. Private school and course approval.
201 KAR 11:175. Prelicense and continuing education-certification requirements and approval process; withdrawal of approval; approved course categories for. Mandatory prelicense instructor continuing education requirements, exemptions, extensions, and waivers; noncompliance-procedural requirements for; instructor training program and provider requirements; monitoring.
201 KAR 11:210. Licensing, education, and testing requirements.
201 KAR 11:230. Mandatory continuing education, instructor requirements; out-of-state requirements; maintaining records; and actions for failure to comply.
201 KAR 11:240. Distance education, and education via interactive television-requirement, generally; exemptions; course criteria; course provider requirements.
201 KAR 11:450. Broker management course.
COMMERCE CABINET: Kentucky Department of Fish and Wildlife Resources: Licensing
301 KAR 5:100. Interstate Wildlife Violators Compact.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department for Environmental Protection: Division of Air Quality: Attainment and Maintenance of the National Ambient Air Quality Standards
401 KAR 51:001 & E. Definitions for 401 KAR Chapter 51.
401 KAR 51:017 & E. Prevention of significant deterioration of air quality.
401 KAR 51:052 & E. Review of new sources in or impacting upon nonattainment areas.
Permits, Registrations, and Prohibitory Rules
401 KAR 52:001 & E. Definitions for 401 KAR Chapter 52.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Class D and Class C Felons
501 KAR 2:020. Definitions for 501 KAR Chapter 2.
501 KAR 2:030. Administration.
501 KAR 2:040. Waivers.
501 KAR 2:050. Transfer Request.
501 KAR 2:060. Procedures for housing of Class D and Class C felons.
501 KAR 2:070. Work Release.
Jail Standards for Full-service Facilities
501 KAR 3:010. Definitions for 501 KAR Chapter 3.
501 KAR 3:020. Administration; management.
501 KAR 3:040. Personnel.
501 KAR 3:050. Physical Plant.
501 KAR 3:060. Security; Control.
501 KAR 3:070. Safety; emergency procedures.
501 KAR 3:080. Sanitation; hygiene.
501 KAR 3:090. Medical Services.
501 KAR 3:100. Food Services.
501 KAR 3:130. Prisoner programs; services.
501 KAR 3:140. Prisoner rights.
Jail Standards for Restricted Custody Center Facilities
501 KAR 7:040. Personnel.
501 KAR 7:080. Sanitation; hygiene.
501 KAR 7:090. Medical Services.
501 KAR 7:100. Food Services.
Kentucky Law Enforcement Council: General Training Provision
503 KAR 3:110. Certified Court Security Officers academy trainee requirements; misconduct; penalties; discipline procedures.
TRANSPORTATION CABINET: Department of Highways: Traffic
603 KAR 5:320. Safety in highway work zones.
EDUCATION CABINET: Kentucky Board of Education: Office of Chief State School Officer
701 KAR 5:130. Drug Testing of Teachers Involved in Illegal Use of Controlled Substances.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department of Workers' Claims
803 KAR 25:096. Selection of physicians, treatment plans and statements for medical services.
Department of Public Protection: Kentucky Horse Racing Authority: Thoroughbred Racing
810 KAR 1:027. Entries, subscriptions, and declarations. John Forgy, general counsel; John Veitch, chief state steward; and Jamie Haydon, director of incentives and development, represented the authority. Martin Maline, executive director of the Horsemen's Benevolent and Protective Association, appeared in opposition to this administrative regulation.
Mr. Maline stated that his association had two concerns with the changes to this administrative regulation. He stated that the first issue was that it prevented the entry of multiple horses trained by the same trainer in a single race. He stated that multiple owners may use the same trainer for their horses and the proposed change to this administrative regulation would allow the trainer to choose which horse could enter a race. He stated that owners invested a tremendous amount of money to get a horse trained and developed to compete and yet could be barred from entering the horse in a particular race because he used the same trainer as that of another horse.
He stated that the association's second concern was with the increase in the number of days on the veterinarian's list for a horse scratched from a race from six (6) days to nine (9). He stated that a horse may be scratched from a race due to a temporary problem, such as a minor case of colic, in which case, nine (9) days was too long to prohibit the horse from racing.
Mr. Veitch stated that the prohibition of multiple entries with the same trainer was intended to promote a level playing field that was fair to all owners. He stated that the increase in the number of days on the veterinarian's list was intended to discourage the withdrawal of a horse from a race without reason and to maintain larger fields in races.
In response to questions by Senator Pendleton, Mr. Veitch stated that the association wanted to prevent the possibility that a trainer could manipulate the outcome of a race, which became more likely the more entries a trainer had. He stated that this prohibition would not affect the Kentucky Derby because its entries were established by earnings.
In response to questions by Senator Tapp, Mr. Veitch stated that the association had no evidence that a trainer had manipulated a race. He stated that the association wanted to maintain the integrity of racing and avoid negative public perceptions. He stated there had been no public outcry on the issue.
Senator Tapp stated that any problem that occurred could be addressed through discipline of the trainer, not by penalizing the owners.
In response to questions by Representative Weston, Mr. Veitch stated that generally, trainers with larger stables had established themselves. He stated that a trainer could be wagering on horses he trained and that a win by one horse against a horse with better odds would create a perception that the trainer affected the outcome of the race to increase his winnings from wagering.
Representative Weston stated that this administrative regulation could affect the ability of horse owners and trainers to earn a living because of things that might never happen.
In response to questions by Senator Tapp and Representative Lee, Mr. Veitch stated that if there were more entries for a race than the maximum, the entries accepted were determined by lot.
Senator Pendleton stated that the proposed restriction could lead owners to change the names of trainers of record in order to get their horses into races.
In response to a question by Representative Weston, Mr. Veitch stated that a horse on the veterinarian's list stayed on the list the full time and there was no mechanism to remove the horse from the list sooner.
810 KAR 1:090. Kentucky Thoroughbred Development Fund.
A motion was made and seconded to defer consideration of 810 KAR 1:027 and 810 KAR 1:090 until the Subcommittee's January meeting. Mr. Forgy stated that the department would agree to defer these administrative regulations. Without objection and with agreement of the agency, these administrative regulations were deferred.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of the Secretary: E-Health
900 KAR 7:020 & E. Kentucky e-Health Corporation.
Department for Mental Health and Mental Retardation Services: Division for Mental Health and Substance Abuse: Mental Health
908 KAR 2:220. Peer Specialist Services. Sandy Silver, peer specialist consultant, represented the division. Maureen Fitzgerald, director of protection and advocacy, appeared in opposition to this administrative regulation. Molly Clouse, peer specialist, appeared in support of this administrative regulation.
Ms. Fitzgerald stated this administrative regulation was very positive and her agency supported it except for one provision. She stated that the requirement that a peer specialist have a high school diploma or complete a GED program should be deleted. She stated there was a real need for peer specialists in Kentucky in order to make access to mental health services more affordable. She stated that a person could be an effective peer specialist without having a diploma or GED certificate. She stated that a 2006 study showed that only nine (9) of fourteen (14) states that had programs required peer specialists to have a diploma or GED certificate.
Ms. Silver stated the division would like to keep the requirement to encourage qualified individuals to obtain a diploma or GED certificate before becoming a peer specialist. She stated that a peer specialist worked on a team with mental health professionals, which required some level of literacy. She stated that a diploma or GED certificate is a condition of employment for all employees at the mental health centers where they worked.
Ms. Clouse stated that, because it was a new program, peer specialists faced barriers to acceptance by other members of the mental health team. She stated that holding a diploma or GED certificate gave peer specialists a level of credibility with other team members.
Representative Lee stated that requiring a diploma could prevent a lot of qualified individuals from becoming peer specialists. He stated that literacy and other issues could be addressed through training to ensure the individuals were sophisticated and qualified enough to be effective.
Ms. Silver stated that peer specialists should have a diploma because they would be an employee of the system and part of the treatment team. She stated their program assisted individuals in obtaining a diploma or GED certificate in order to become qualified and that the requirement motivated them to obtain their diplomas or GED certificate.
Co-Chair Roeding stated that qualified individuals should not be overlooked but individuals should be encouraged to obtain a diploma or GED certificate.
Co-Chair Damron stated that a high priority should be placed on encouraging individuals to obtain high school diplomas or GED certificates but that there may not be an adequate number of individuals who meet that requirement.
A motion was made and seconded to defer consideration of this administrative regulation until the Subcommittee's January meeting. Ms. Silver stated that the department agreed to defer this administrative regulation. Without objection and with agreement of the agency, this administrative regulation was deferred.
Department of Community Based Services: Day Care
922 KAR 1:390. Standards for residential child-caring facilities.
Other Business:
Senator Tapp made a motion that Subcommittee staff write a letter to the Kentucky Board of Medical Licensure requesting information about their guidelines for physicians regarding advanced registered nurse practitioners (ARNP), that the information be submitted to Subcommittee staff within thirty (30) days and that, if necessary, the board be invited to the Subcommittee's next scheduled meeting to discuss the information and the possible need for regulatory or statutory changes. The motion was seconded and passed without objection.
The Subcommittee adjourned at 12:10 until January 2008.