The March meeting of the Administrative Regulation Review Subcommittee was held on Monday, March 10, 2008, at 1:30 PM, in Room 149 of the Capitol Annex. Senator Dick Roeding, 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: Norman Brown, Lee Harris, Kentucky Real Estate Commission; Nathan Goldman, Kentucky Board of Nursing; Diane Fleming, Frank Hideg, Karalee Oldenkamp, Mark Woodward, Kentucky Board of Chiropractic Examiners; Karen Alexy, Kristina Brunjes, Catherine York, Darin Moore, Kentucky Department of Fish and Wildlife Resources; Karen Howard, Michael O'Laughlin, Justice and Public Safety Cabinet; Chuck Stribling, Department of Labor; Robin Coombs, Frank Goins, Kentucky Office of Insurance; Elizabeth Caywood, Sandra Canon, Justin Dearinger, Department for Community Based Services; Ronny Pryor.
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, March 10, 2008 and submits this report:
GENERAL GOVERNMENT: Kentucky Real Estate Commission: Commission
201 KAR 11:121. Improper conduct. Norman Brown, executive director, and Lee Harris, general counsel, represented the commission.
A motion was made and seconded to approve the following amendments to amend Section 1 to: (1) delete requirements relating to advertising; (2) comply with the formatting and drafting requirements of KRS Chapter 13A; and (3) delete the requirement in subsection (10) that a single family residence be measured using the standards of the American National Standards Institute. Without objection, and with agreement of the agency, the amendments were approved.
Kentucky 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.
201 KAR 20:057. Scope and standards of practice of advanced registered nurse practitioners.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 9 to correct minor drafting errors. Without objection, and with agreement of the agency, the amendments were approved.
Kentucky Board of Chiropractic Examiners: Board
201 KAR 21:041. Licensing; renewals, fees. Diane Fleming, assistant attorney general; Dr. Mark Woodward, president; and Dr. Karalee Oldenkamp, executive director, represented the board.
In response to questions by Representative Lee, Dr. Woodward stated that the board received one letter of inquiry about the fee increase but held a hearing and received no other complaints. He stated that the number of licensees had increased and that additional money was needed to handle the increased associated costs for relicensure, disciplinary actions, and litigation. He stated that in the past, the legislature had swept the money from the board's account on two occasions. He stated the amounts taken were approximately $30,000 and $50,000.
In response to questions by Senator Tapp, Dr. Woodward stated that disciplinary actions had increased proportionately as the membership had increased. He stated that the board had to hire an additional full-time staff member. He stated that although the administrative regulation stated the fee was $60, in 1995 the board raised the license fee to $100, and in 1998 it raised the fee to $200. He stated that the board had statutory authority to raise the fees but did not have regulatory compliance because the board did not seek to amend its administrative regulations. He stated that the board was trying to ensure its regulations were in order and increase the fee to $250.
Senator Tapp stated he was opposed to the changes in the administrative regulation and wanted his objections noted.
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, as required by KRS 13A.220; and (2) to amend Sections 1 through 3 to comply with the drafting and format requirements of KRS Chapter 13A. With agreement of the agency, the amendments were approved.
201 KAR 21:070. Licensing examination requirements.
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, as required by KRS 13A.220; 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.
COMMERCE CABINET: Department for Fish and Wildlife Resources: Fish
301 KAR 1:115. Propagation of aquatic organisms. Karen Alexy, wildlife division director; Kristina Brunjes, program coordinator; Catherine York, deputy general counsel; and Darin Moore, director of administrative services, represented the department.
Game
301 KAR 2:132. Elk depredation permits, landowner cooperation permits, and quota hunts.
In response to questions by Senator Pendleton, Ms. Alexy stated there would be 400 regular elk permit tags and 10 commissioner's tags. She stated that the number of landowner tags would vary depending on the number of land access agreements. She stated that an owner received one tag per 5,000 acres put into agreement and it was expected that approximately 20 tags would be issued. She stated that the money from the tags went into a program for elk and deer management. She stated that she understood why some landowners in eastern Kentucky would want to ensure that hunters in eastern Kentucky received permits since they experienced property damage this time of year from elk. She stated that the drawing for permits was a computerized random drawing and that the money for elk management came from all over the state. She stated that six elk hunting units would be set up and that landowners would be permitted to hunt where they owned land.
In response to questions by Senator Tapp, Ms. Alexy stated that commissioner's tags were distributed to applicants who were going to use the tag to raise money through a raffle or drawing. She stated that on average, they brought in $12,000 per tag and the money went back into elk management. She stated the regular tags could not be sold but the landowner tags could and the landowner could keep the proceeds. She stated that the landowner tags were intended to act as an incentive to landowners to put their land into a five-year wildlife management area agreement.
In response to questions by Co-Chair Damron, Ms. Alexy stated that the program had helped create more land with public access. Mr. Moore stated he would follow-up on the need for legislation to maintain hunting lands.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 5 and 6 to comply with the drafting and formatting requirements of KRS Chapter 13A; (2) to amend Section 6(2)(b) to change the beginning date of the second part of the firearm season from the second Saturday in October to the second Saturday in December; and (3) to amend Section 6(3)(a) to change the beginning date of the first part of the crossbow season from October 1 to the second Saturday in October. Without objection, and with agreement of the agency, the amendments were approved.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Office of the Secretary
501 KAR 6:020. Corrections policies and procedures. Karen Howard, attorney, and Michael O'Laughlin, director of correctional industries, represented the department.
A motion was made and seconded to approve the following amendments: to update the edition date and to amend CPP 23.1 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 6:080. Department of Corrections manuals.
A motion was made and seconded to approve the following amendments: (1) to update the edition date; and (2) to amend the Religion Reference Manual to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 6:160. Correctional Industries.
A motion was made and seconded to approve the following amendments: (1) to update the edition dates; and (2) to amend various policies to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department of Labor: Occupational Safety and Health
803 KAR 2:308. Personal protective equipment. Chuck Stribling, safety standards specialist, represented the department.
In response to questions by Senator Tapp, Mr. Stribling stated that an estimated 95 to 98 percent of employers pay for necessary safety equipment for employees. He stated that OSHA regulations usually take about 10 years to become effective so they are usually well-known by the time they are adopted. He stated the department sent notice about new administrative regulations to various state and local government agencies and associations and to interested persons via email through Regwatch. He stated the department also posted notice on its Web site. He stated that the department had a compliance division as well as an education and training division. He stated that compliance auditors made observations and then wrote a report which may or may not recommend a citation and penalty. If a penalty were assessed, the employer would be entitled to a hearing to contest the findings.
In response to a question by Co-Chair Roeding, Mr. Stribling stated an employer had to provide the personal protective equipment necessary for the job with some limited exceptions. He stated an employer may be required to provide things such as safety harnesses, hearing protection, or a respirator, if needed. He stated that an employer did not have to provide non-specialty safety footwear or prescription eyewear.
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; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
803 KAR 2:404. Personal protective and lifesaving equipment.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct statutory citations. Without objection, and with agreement of the agency, the amendments were approved.
803 KAR 2:500. Maritime employment.
Department of Public Protection: Office of Insurance: Rates and Rating Organizations
806 KAR 13:150. Property and casualty rate and rule filings. Robin Coombs, assistant director, and Frank Goins, director, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph and Sections 6 and 12 to make technical corrections; (2) to amend Section 2 to provide guidance for filing the transmittal document; and (3) to amend Sections 2 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.
Insurance Contract
806 KAR 14:006. Property and casualty insurance form filings.
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 2 to provide guidance for filing the transmittal document; and (3) to amend Sections 2 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.
CABINET FOR HEALTH AND FAMILY SERVICES: Department of Community Based Services: Child Welfare
922 KAR 1:350. Family preparation. Elizabeth Caywood, policy analyst, and Sandra Canon, director, represented the department.
In response to a question by Representative Lee, Ms. Caywood stated that the amendment to this administrative regulation restored "registered nurse" as an acceptable resource home parent for a specialized medically-fragile child.
In response to questions by Co-Chair Roeding, Ms. Caywood stated that a resource home parent was a state-approved adoptive home parent. She stated that a significant change in circumstances that would warrant review of the home would include things such as loss of income, a change in the composition of the household, a change in the health condition of a family member, or a criminal charge against a family member.
Regarding discussion that occurred at the February meeting of the Subcommittee, Ms. Caywood stated that the amendment to this administrative regulation deleted the requirement that firearms and ammunition be stored in separate, locked containers. She stated that the cabinet had filed an amendment to delete an identical requirement from 922 KAR 1:310.
A motion was made and seconded to approve the following amendments: (1) to amend the definition of "specialized medically-fragile child" to allow a registered nurse to be a resource home parent; (2) to amend Section 2(1) to clarify the requirements and exceptions for resource homes providing only foster care services; (3) to amend Section 4 to delete the requirement that firearms and ammunitions be stored in locked, separate containers; (4) to amend Sections 5, 6, 7, and 8 to state that resource home applicants shall, not may, be approved if they meet the requirements of this administrative regulation, and clarify that the requirements only apply to a child in the custody of the cabinet; (5) to amend Sections 6, 7, and 8 to clarify that training in cardiopulmonary resuscitation, CPR, and first aid is a requirement for various resource homes; (6) to amend Sections 7 and 8 to clarify the circumstances in which a primary caretaker may be employed outside the home; (7) to amend Section 11 to clarify what constitutes a significant change in circumstances; and (8) to amend the RELATES TO paragraph and Sections 1 through 11, 13, 15, 16, 18, 21, and 22 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 1:470. Central registry.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs 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 1:490. Background checks for foster and adoptive parents, caretaker relatives, and reporting requirements.
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 insert statutory citations; and (2) to amend Sections 1 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.
Day Care
922 KAR 2:160. Child care assistance program.
In response to a question by Co-Chair Roeding, Ms. Canon stated the co-pay was rounded down to make it easier for low-income working families to make payments to providers. She stated they also eliminated the requirement that a child care center with 40 or more subsidized children be in the STARS program.
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 Section 3(2) to clarify that benefits will be available for thirty (30) days following notification that an immunization is needed; (3) to amend Sections 3 and 4 to clarify conditions for CCAP payment eligibility; (4) to amend Section 5(3) to clarify circumstances under which a family co-payment might be waived; (5) to amend Section 18 to insert new edition dates for material incorporated by reference which has been updated to conform with changes to the administrative regulation and to make technical corrections; (6) to amend Sections 1 through 6, 8, 9, 11, 13 through 15, and 18 to comply with the drafting and format requirements of KRS Chapter 13A; and (7) to amend Section 10 to set forth new requirements, exceptions, consequences of failure to pay, and a new co-payment table for the family co-payment of a child served by the CCAP. 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 BOARD: Board
101 KAR 1:325. Probationary Periods.
PERSONNEL CABINET: Classified
101 KAR 2:220. Educational Assistance Program.
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Forms
103 KAR 3:040 & E. Income Tax Forms Manual.
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. Incremental revenues for income and limited liability entity taxes.
GENERAL GOVERNMENT: 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 25:280. Certification of drug-free workplace.
Department of Public Protection: Office of Insurance: Trade Practices and Frauds
806 KAR 12:180. Military sales practices.
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.
Department for Medicaid Services: Medicaid Services
907 KAR 1:013 & E. Diagnostic-related group (DRG) inpatient hospital reimbursement.
907 KAR 1:815 & E. Nondiagnostic related group inpatient hospital reimbursement.
907 KAR 1:820 & E. Disproportionate share hospital distributors.
Department of Community Based Services: Day Care
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 April 14, 2008.