The February meeting of the Administrative Regulation Review Subcommittee was held on Monday, February 11, 2008, at 1:30 PM, in Room 149 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 Alice Forgy Kerr, Joey Pendleton, and Gary Tapp; Representatives Danny Ford, Jimmie Lee, and Ron Weston.
Guests: Becky Gilpatrick, Melissa Justice, Kentucky Higher Education Assistance Authority; Gilda Hill, Dennis Shepherd, David Worley, Kentucky Department of Veterans Affairs; Chris Cohorn, Regina Carey, Janet Graham, Jennifer Black Hans, Ryan Reed, Linda Tally Smith, Prosecutors Advisory Council; Joe Cowles, James Lambert, Stephanie Mitchell, Fred Nelson, Eric Poston, Linda Patrick, Kentucky Employee Mediation Program; Nathan Goldman, Kentucky Board of Nursing; Ryan Halloran, Kentucky Board of Chiropractic Examiners; Becky Klusch, Board of Physical Therapy; David Casey, Darin Moore, Catherine York, Kentucky Department of Fish and WIldlife Resources; Kevin Noland, Kentucky Board of Education; Susan Bush, Michael Haynes, Marvin Collins, Department for Natural Resources; Brenda Parker, Melea Rivera, Jill Mitchell, Kentucky Office of Insurance; Jeff Jagnow, Chandra Venettozzi, Charles Warnick, Cabinet for Health and Family Services; Stephanie Brammer-Barnes, Office of Inspector General; Charles Douglass, Barry Ingram, Lisa Lee, Department for Medicaid Services; Shirley Eldridge, Jim Heth, Phyllis Sosa, Department of Aging and Independent Living; Elizabeth Caywood, Tim McClain, Justin Dearinger, Kathy Adams, Sandy Canon, Robert Hester, Department of Community Based Services; John Shupp.
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, February 11, 2008 and submits this report:
KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY: KHEAA Grant Programs
11 KAR 5:200. Go Higher Grant Program. Becky Gilpatrick, student aid branch manager, and Melissa Justice, senior associate counsel, represented the authority.
In response to a question by Co-Chair Roeding, Ms. Gilpatrick stated that the Go Higher Grant Program was a need-based program for adult students to return to school, which provided $1000 to cover the cost of tuition and books. She stated applicants had to complete an application form available on the authority's Website and the Free Application for Federal Student Aid. She stated that the authority sent information to adult education providers and colleges to make them aware of the program.
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 to cross-reference the CAP grants, rather than federal Pell grants; and (3) to amend Section 2 to specify that a recipient shall not be incarcerated at either the time of application or receipt of the award. Without objection, and with agreement of the agency, the amendments were approved.
Teacher Scholarship Loan Program
11 KAR 8:030. Teacher Scholarships.
In response to a question by Representative Weston, Ms. Justice stated that certification by a physician of the recipient's inability to pursue any type of employment or a determination of disability by the Social Security Administration would be accepted as proof of disability.
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 Sections 1, 4, 7, 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.
11 KAR 8:040. Deferment of teacher scholarship repayment.
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 Sections 1, 2, 4, and 5 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Osteopathic Medicine Scholarship Program
11 KAR 14:080. Deferment of Osteopathic Medicine Scholarship Program repayment.
A motion was made and seconded to approve the following amendments: to amend Section 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Early Childhood Development Scholarship Program
11 KAR 16:001. Definitions for 11 KAR Chapter 16.
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 Section 1 to change terminology to correspond with the language now used in 922 KAR 2:110 relating to child-care centers, rather than day care facilities. Without objection, and with agreement of the agency, the amendments were approved.
11 KAR 16:010. Early Childhood Development Scholarship Program applicant selection process.
A motion was made and seconded to approve the following amendments: to amend Section 1 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
11 KAR 16:060. Early Childhood Development Scholarship Program system of monetary incentives.
A motion was made and seconded to approve the following amendments: to amend Sections 2 and 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
GOVERNOR'S OFFICE: Kentucky Department of Veterans Affairs: State Veterans Nursing Homes
17 KAR 3:030. Drug testing procedures at Kentucky Department of Veterans Affairs state Veterans nursing homes. David Worly, executive director; Gilda Hill, veterans center administrator; and Dennis Shepherd, staff attorney, represented the department.
In response to questions by Co-Chair Damron, Mr. Worley stated that no decisions had been made about closing childcare centers but steps would have to be taken to cut costs.
Co-Chair Damron stated it would be very troubling if a decision was made to close a childcare center.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs; and Sections 1, 3 through 6, 8, and 10 to make technical corrections and comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
ATTORNEY GENERAL: Prosecutors Advisory Council: Asset Forfeiture
40 KAR 4:010. Disbursement of asset forfeiture receipts. Chris Cohorn, Warren County Commonwealth attorney; Janet Graham, assistant deputy attorney general; Linda Talley-Smith, Boone County Commonwealth attorney; and Jennifer Black Hans, assistant attorney general, represented the council.
In response to a question by Co-Chair Roeding, Ms. Talley-Smith stated that the money returned to the county that obtained the forfeiture for use in its operating budget.
A motion was made and seconded to approve the following amendments: (1) to amend Section 4 to insert a statutory citation and delete language that repeated a statute; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 4, 6, and two documents incorporated by reference to make technical corrections and comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
PERSONNEL CABINET: Classified
101 KAR 2:034. Classified compensation. Joe Cowles, legal services; James Lambert, personnel program manager; Fred Nelson, commissioner; Eric Poston, deputy commissioner; and Linda House Patrick, manager, Kentucky Employee Mediation Program, represented the cabinet.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 3, 9, and 11 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
101 KAR 2:210 & E. Summary Plan Descriptions for the Public Employee Health Insurance Program.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to correct typographical errors and change the edition dates of four documents; and (2) to amend four of the items incorporated by reference to delete ambiguous language regarding maintenance care and to delete the precertification chart. Without objection, and with agreement of the agency, the amendments were approved.
101 KAR 2:230. Kentucky Employee Mediation Program.
In response to a question by Co-Chair Roeding, Ms. Patrick stated that her office sometimes provided mediation, if requested to do so, for employees in the legislative and judicial branches of state government.
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 through 5 to comply with the drafting and format requirements of KRS Chapter 13A; (3) to amend Section 2 to specify when the forms incorporated by reference were required to be used; and (4) to amend Section 5 to incorporate by reference the Mediation Request Form and the Agreement to Mediate. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT: Kentucky Board of Nursing: Board
201 KAR 20:220. Nursing continuing education provider approval. Nathan Goldman, general counsel, represented the board.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 4 to correct technical errors. Without objection, and with agreement of the agency, the amendments were approved.
Kentucky Board of Chiropractic Examiners: Board
201 KAR 21:081. Repeal of 201 KAR 21:080. Ryan Halloran, assistant attorney general, represented the board.
In response to a question by Senator Kerr, Mr. Halloran stated that this administrative regulation repealed one that was duplicative of another administrative regulation.
Subcommittee staff stated that the provisions of the administrative regulation being repealed were added to another administrative regulation last fall.
Board of Physical Therapy: Board
201 KAR 22:020. Eligibility and credentialing procedure. Becky Klusch, executive director, represented the board.
In response to a question by Representative Weston, Ms. Klusch stated that this administrative regulation reduced the required hours of HIV/AIDS training from four (4) to two (2) because physical therapy schools provide additional education on the topic and few four (4) hour courses are offered. She stated that other health professionals' licensing boards required two (2) hours of training.
COMMERCE CABINET: Kentucky Department of Fish and Wildlife Resources: Licensing
301 KAR 5:100. Interstate Wildlife Violators Compact. Darin Moore, director of administrative services, and Catherine York, deputy general counsel, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 through 3 and 5 through 7 to comply with the formatting and drafting requirements of KRS Chapter 13A; and (2) to add Section 7 to incorporate by reference the "Compact Manual." Without objection, and with agreement of the agency, the amendments were approved.
EDUCATION CABINET: Kentucky Board of Education: School Administration and Finance
702 KAR 3:130. Internal accounting. Kevin Noland, general counsel, represented the board.
In response to a question by Co-Chair Roeding, Mr. Noland stated that this administrative regulation made changes to the accounting standards for funds raised by schools. He stated that the changes conformed to school districts' current practices and were approved by the superintendents advisory council.
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 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, 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.
Instructional Programs
705 KAR 4:250 & E. Energy Technology Engineering Career Pathway.
A motion was made and seconded to approve the following amendments: to amend Sections 1 through 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.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department for Natural Resources: Division of Oil and Gas
805 KAR 1:110. Underground injection control. Susan Bush, commissioner; Michael Haines, general counsel; and Michael Combs, assistant director, represented the department.
In response to questions by Co-Chairs Roeding and Damron, Mr. Combs stated that this administrative regulation governed the injection of substances such as water into formations to enhance gas recovery and did not apply to carbon dioxide. He stated that this administrative regulation was no more stringent than federal regulations.
Department of Public Protection: Office of Insurance: Insurance Contract
806 KAR 14:007. Rate and form filing for health insurers. Brenda Parker, branch manager, and Melea Rivera, regulation coordinator, represented the office.
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 Sections 2, 4 through 6, 9, and 10 to make technical corrections and to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to update material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
Health Insurance Contracts
806 KAR 17:005. Health Insurance forms and reports.
In response to a question by Co-Chair Roeding, Ms. Parker stated that the changes to the forms would make things easier.
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 Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to update material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
806 KAR 17:150. Health Benefit plan rate filing requirements.
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 Sections 1, 2, 3, and 5 through 11 to make technical corrections 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.
806 KAR 17:500. Basic health benefit plan requirements.
In response to a question by Co-Chair Roeding, Ms. Parker stated this administrative regulation updated the requirements for the basic benefit plan and corrected citations to make things clearer for insurers.
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 through 5 to make technical corrections 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.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: Health Provider Surveillance Data
902 KAR 19:020. Data reporting by health care providers. Chandra Venettozzi, Office of Health Policy, and Jeff Jagnow, administrative regulations coordinator, represented the office.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to insert a citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for this administrative regulation; (3) to amend Section 6 to state the criteria to be considered by the cabinet when determining whether to grant an extension or waiver; (4) to amend Section 7 to correct a citation; and (5) to amend Sections 1, 2, 3, and 7 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department for Medicaid Services: Medicaid Services
907 KAR 1:011 & E. Technical eligibility requirements. Barry Ingram, claims management; Lisa Lee, children's health; and Charles Douglas, branch manager, represented the department.
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 the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 5 and 11 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:038 & E. Hearing and Vision Program services.
In response to a question by Co-Chair Damron, Mr. Ingram stated that the changes to these administrative regulations would cost additional money
A motion was made and seconded to approve the following amendments: 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.
907 KAR 1:039 & E. Payments for hearing services.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct a statutory citation; (2) to amend Sections 1 to 5 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Sections 3 and 4 to specify that the professional fee shall be $21.50. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:054 & E. Primary care center and federally-qualified health center services.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1, 2, 5, and 6 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Sections 1 and 5 to cross-reference applicable statutory provisions. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:061 & E. Payments for ambulance transportation.
907 KAR 1:082 & E. Rural health clinic services.
A motion was made and seconded to approve the following amendments: 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.
907 KAR 1:604 & E. Recipient cost-sharing.
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; and (2) to amend Sections 1, 3, 6, 7, 9, 10, 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.
907 KAR 1:631 & E. Reimbursement of Vision Program services.
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 2 to: (a) correct a cross-reference to another administrative regulation; and (b) comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:640 & E. Income standards for Medicaid.
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, 2, 3, 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.
907 KAR 1:645 & E. Resource standards for Medicaid.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; and (2) to amend Sections 1 and 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.
907 KAR 1:900 & E. KyHealth Choices benefit plans.
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 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 Aging and Independent Living: Aging Services
910 KAR 1:090. Personal care assistance services. Phyllis Sosa, branch manager; Shirley Eldridge, division of operation and support; and Jim Heth, program development, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph and Section 1 to correct citations; (2) to amend Section 2 to clarify the formula for calculating adjusted gross income and that the income eligibility requirements shall be applied to current participants at their next re-evaluations; (3) to amend Section 8 to create an exception from notice requirements in the event of an emergency; (4) to amend Section 9 to allow a provider to request a higher payment rate if services cannot be obtained at the standard rate; (5) to amend Section 10 to require completion of 54 semester hours and four years of experience to qualify to be a program coordinator; and (6) to amend Sections 2 through 10, and 14 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
910 KAR 1:160. Program and certification requirements for the adult day and Alzheimer's respite program.
A motion was made and seconded to approve the following amendments: (1) to amend Section 6 to delete superfluous language and insert citations to statutory definitions; (2) to amend Section 9 to cross-reference requirements for record-keeping; (3) to amend Section 10 to clarify the types of client notifications that must be maintained in client records; (4) to amend Section 11 to clarify the cabinet's duties after receipt of a plan for compliance; and (5) to amend the TITLE, the NECESSITY, FUNCTION, AND CONFORMITY paragraph, and Sections 1 through 12 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
910 KAR 1:231. Repeal of 910 KAR 1:230, Adult Day-Care Center Certification.
Department of Community Based Services: Child Support
921 KAR 1:380. Child Support Program application and interstate process. Elizabeth Caywood, commissioner's office, and Tim McClain, branch manager, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct citations; (2) to amend Section 1 to insert the titles of documents incorporated by reference; and (3) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 5 to comply with the drafting and formatting 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 amendments: to amend Sections 1 through 4 and materials incorporated by reference to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
921 KAR 1:410. Child support collection and enforcement.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 and 4 to correct the titles of forms incorporated by reference; (2) to amend Section 2 to insert citations; (3) to amend Section 3 to clarify when the cabinet will file a lien on an obligor's property; and (4) to amend Sections 1 through 4 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
921 KAR 1:430. Child Support Administrative Hearings.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct a citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for the administrative regulation; and (3) to amend Sections 2 through 9 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
K-TAP, Kentucky Works, Welfare to Work, State Supplementation
921 KAR 2:015 & E. Supplemental programs for persons who are aged, blind, or have a disability. Elizabeth Caywood, commissioner's office, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 3, 6, and 7 to correct citations; (2) to amend Sections 14 and 16 to correct the title of a form incorporated by reference; (3) to amend Sections 3, 5, 8, 12 through 14, and 16 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (4) to amend Section 13 to clarify that training shall be provided only to the extent funds are available.. Without objection, and with agreement of the agency, the amendments were approved.
Day Care
922 KAR 2:002. Repeal of 922 KAR 2:001. Kathy Adams, assistant director; Sandy Canon, director; Elizabeth Caywood, commissioner's office; and Robert Hester, office of inspector general, represented the department.
922 KAR 2:090. Child-care center licensure.
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 Section 8 to: (a) clarify that a corrective action plan for a violation posing an immediate threat shall be handled in accordance with KRS 199.896(5)(c); and (b) state that the child-care center shall be notified of the cabinet's decision regarding the plan within thirty (30) calendar days; (3) to amend Section 9 to clarify that intermediate sanctions depend upon the severity of the violation and clarify that certain actions shall, not may, result in license suspension or revocation; and (4) to amend Sections 1 through 5, 8, 9, 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.
922 KAR 2:100. Certification of family child-care homes.
In response to a question by Representative Weston, Ms. Caywood stated that this administrative regulation reduced the required liability insurance from $50,000 per child per occurrence to just $50,000 per occurrence. She stated this should reduce insurance costs.
A motion was made and seconded to approve the following amendments: (1) to amend Section 2(4) to state that an applicant shall be certified by an agency approved in accordance with 922 KAR 2:240; (2) to amend Section 2(11) to state that a change of location requires continued compliance with this administrative regulation; (3) to amend Section 3(3) to state that certification renewal will be approved within fifteen (15) calendar days; (4) to amend Section 5(1) to state that intermediate sanctions shall be based on the severity of the violation; (5) to amend Section 6(4) to state that an emergency condition shall be corrected within thirty (30) calendar days; (6) to amend Section 10(8) to clarify that the cabinet shall be notified when a telephone is temporarily out of service; (7) to amend Sections 10(9) and (10) to clarify what constitutes developmentally-appropriate equipment, toys, television, and video programs; (8) to amend Section 10(19) to clarify requirements for pool safety; (9) to amend Section 12(8) to clarify requirements for preparing formula; and (10) to amend the RELATES TO paragraph and Sections 1 through 6, 8, and 10 through 14 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
922 KAR 2:110. Child-care center provider requirements.
A motion was made and seconded to approve the following amendments: (1) to amend the definition of "Type I child-care center" to clearly differentiate between nonresidential and residential settings; (2) to amend Section 4(1) to: (a) specify information to be included in a schedule of daily activities; and (b) clarify details of the annual written performance evaluation for staff; and (3) to amend Sections 1 through 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.
922 KAR 2:120. Child-care center health and safety standards.
In response to a question by Senator Tapp, Ms. Caywood stated that the changes would allow for the use of wells approved by the local health department.
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 definition of "Type I child-care center" to clearly differentiate between nonresidential and residential settings; (3) to amend Sections 3, 4, 8, 9, and 12 to specifically reference policies and laws that must be complied with when putting a child to sleep, assuring a safe premises, groundwater supply, and plumbing structure, preparing and serving food, and providing safe transportation; and (4) to amend Sections 1 through 4, 6 through 9 and 12 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:
PERSONNEL CABINET: Classified
101 KAR 2:220. Educational Assistance Program.
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Sales and Use Tax: Administration and Accounting
103 KAR 31:180 & E. Signature project refunds on construction costs.
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 11:121. Improper conduct.
Kentucky Board of Veterinary Examiners: Board
201 KAR 16:110. Prescriptions and dispensation of drugs for animal use.
Kentucky Real Estate Appraisers Board: Board
201 KAR 30:190 & E. Educational requirements for certification effective January 1, 2008.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Driver Improvement
601 KAR 13:070. KRS 159.051. Compliance verification for a minor.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department of Labor: Department of Workers' Claims
803 KAR 25:096. Selection of physicians, treatment plans and statements for medical services. 803 KAR 25:280. Certification of drug-free workplace.
Department of Public Protection: Office of Insurance: Insurance Contract
806 KAR 14:006. Property and casualty insurance form filings.
Kentucky Horse Racing Authority: Thoroughbred Racing
810 KAR 1:027. Entries, subscriptions, and declarations.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of the Secretary: E-Health
900 KAR 7:020 & E. Kentucky e-Health Corporation.
Office of Inspector General: Office
906 KAR 1:120. Informal dispute resolution. Stephanie Brammer-Barnes, internal policy analyst, represented the office.
Ms. Brammer-Barnes requested that this administrative regulation be deferred. Without objection, and with agreement of the agency, this administrative regulation was deferred.
Department of Community Based Services: Child Welfare
922 KAR 1:350. Family preparation. Kathy Adams, assistant director; Sandy Canon, director; Elizabeth Caywood, commissioner's office; and Robert Hester, office of inspector general, represented the department.
In response to questions by Representative Ford, Co-Chair Damron, and Co-Chair Roeding, Ms. Caywood stated that this administrative regulation required a foster family or respite care provider to keep any guns and ammunition located in the home stored and locked separately in order to reduce the chance that a child being cared for would gain access to a loaded gun. She stated that department personnel checked to see if firearms and ammunition were locked as part of a home evaluation. She stated that although the language was clarified, the substance of the prohibition had not changed.
In response to a question by Representative Lee, Ms. Adams stated that separately locked drawers in a single cabinet met the requirement.
In response to questions by Co-Chair Damron, Ms. Adams stated that a foster parent having a gun in a car could potentially violate this administrative regulation if the child had access to it.
Ms. Caywood stated that the department would like to defer this administrative regulation and work with legislators to address their concerns. Without objection, and with agreement of the agency, this administrative regulation was deferred.
922 KAR 1:470. Central registry.
Day Care
922 KAR 2:160. Child care assistance program.
922 KAR 2:170. STARS for KIDS NOW Program for Type I licensed child-care centers.
922 KAR 2:210. STARS for KIDS NOW Program for Type II licensed and certified family child-care homes.
The Subcommittee adjourned at 2:45 until March 10, 2008.