The July meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, July 8, 2008, at 10:00 AM, 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: Representative Robert R. Damron, Co-Chair; Senators Alice Forgy Kerr, Joey Pendleton, and Gary Tapp; Representatives Danny Ford, Jimmie Lee, and Ron Weston.
Guests: Mark Sipek, Personnel Board; Jonathan Buckley, Kentucky State Board of Licensure for Professional Engineers and Land Surveyors; Nathan Goldman, Kentucky Board of Nursing; Larry Arnett, Sandy Gruzesky, Abby Powell, Department for Environmental Protection, Division of Water; Allan Bryant, Tony Hatton, Cassandra Jobe, April Webb, Division of Waste Management; Amy Barker, Jeff Burton, Justice and Public Safety Cabinet; Stephanie Brammer-Barnes, David Hopkins, Office of Inspector General; Glenn Bryant, Ray Peters, Department for Mental Health and Mental Retardation Services; Karen Cooke, Shirley Eldridge, Phyllis Sosa, Department for Aging and Independent Living; Elizabeth Caywood, Justin Dearinger, Department for Community Based Services.
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 Tuesday, July 8, 2008, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
PERSONNEL BOARD: Board
101 KAR 1:335. Employee actions. Mark A. Sipek, executive director, represented the board.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 6 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT CABINET: Kentucky State Board of Licensure for Professional Engineers and Land Surveyors: Board
201 KAR 18:210. Retired and inactive status. Jonathan Buckley, general counsel, 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 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 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.
KENTUCKY BOARD OF NURSING: Board
201 KAR 20:070 & E. Licensure by examination. Nathan Goldman, general counsel, represented the board.
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 and 3 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.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department for Environmental Protection: Division of Water: Water Quality Certification
401 KAR 9:010 & E. Section 401 Individual Water Quality Certification public notice. Larry Arnett, deputy commissioner of the Department of Natural Resources, and Sandy Gruzesky, executive director, represented the division.
In response to a question by Senator Tapp, Ms. Gruzesky stated that the division was working toward speeding up the electronic permit processing and addressing the permitting backlog which, she stated, has improved.
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 citations and make technical changes to conform to the reorganization authorized by Executive Orders 2008-507 and 2008-531; (2) to amend Section 1 to correct a citation; (3) to amend Section 2 to include the cabinet's Web site address; (4) to amend Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A; and (5) to amend Section 5 to update edition dates for the material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
Division of Waste Management: Standards Applicable to Generators of Hazardous Waste
401 KAR 32:010. General provisions for generators. Tony Hatton, executive director, and Cassandra Jobe, environmental control supervisor, represented the division.
In response to a question by Senator Tapp, Mr. Hatton stated that the amendments did not make the administrative regulations more stringent than federal requirements.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to make technical changes to conform to the reorganization authorized by Executive Orders 2008-507 and 2008-531; and (2) 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.
401 KAR 32:050. Special conditions. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to make technical changes to conform to the reorganization authorized by Executive Orders 2008-507 and 2008-531; (2) to amend the RELATES TO paragraph and Section 1 to correct citations; and (3) to amend Sections 1 through 10 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Standards for Owners and Operators; Storage, Treatment and Disposal Facilities
401 KAR 34:005. Definitions for 401 KAR Chapter 34. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Section 1 to correct citations and to make technical changes to conform to the reorganization authorized by Executive Orders 2008-507 and 2008-531; and (2) 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.
401 KAR 34:080. General financial requirements. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and sixteen DEP Forms to make technical corrections to conform to the reorganization authorized by Executive Orders 2008-507 and 2008-531; (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 2 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.
Interim Status Standards for Owners and Operators; Treatment, Storage and Disposal Facilities
401 KAR 35:005. Definitions for 401 KAR Chapter 35. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Section 1 to correct citations and to make technical changes to conform to the reorganization authorized by Executive Orders 2008-507 and 2008-531; and (2) 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.
401 KAR 35:080. General financial requirements (IS). A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to make technical changes to conform to the reorganization authorized by Executive Orders 2008-507 and 2008-531; (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 2 and 3 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Standards for Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities
401 KAR 36:030. Recyclable materials used in a manner constituting disposal. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to conform to the reorganization authorized by Executive Orders 2008-507 and 2008-531; and (2) 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.
Land Disposal Restrictions
401 KAR 37:005. Definitions for 401 KAR Chapter 37. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Section 1 to correct statutory citations and to make technical changes to conform to the reorganization authorized by Executive Orders 2008-507 and 2008-531; and (2) 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.
401 KAR 37:040. Treatment standards. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to make technical changes to conform to the reorganization authorized by Executive Orders 2008-507 and 2008-531; and (2) to amend Sections 2 through 10 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Hazardous Waste Permitting Process
401 KAR 38:005. Definitions for 401 KAR Chapter 38. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Section 1 to correct citations and to make technical changes to conform to the reorganization authorized by Executive Orders 2008-507 and 2008-531; and (2) 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.
401 KAR 38:040. Changes to permits; expiration of permits. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and DEP Form 7092 to make technical corrections to conform to the reorganization authorized by Executive Orders 2008-507 and 2008-531; (2) to amend Sections 1 through 7 to comply with the drafting and format requirements of KRS Chapter 13A; (3) to establish in Section 2 that DEP Form 7092 shall be notarized and that an original and four copies shall be submitted to the cabinet; and (4) to amend Section 7 to provide the new edition date for DEP Form 7092. Without objection, and with agreement of the agency, the amendments were approved.
Standards for Special Collection System Wastes
401 KAR 43:005. Definitions for 401 KAR Chapter 43. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Section 1 to correct citations and to make technical changes to conform to the reorganization authorized by Executive Orders 2008-507 and 2008-531; and (2) 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.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Jail Standards for Full-service Facilities
501 KAR 3:140. Prisoner rights. Amy Barker, assistant general counsel, and Jeff Burton, assistant director of local facilities, represented the department.
In response to a question by Senator Tapp, Ms. Barker stated that the department made the changes requested by Representative Lee at the previous Subcommittee meeting.
In response to a question by Senator Kerr, Mr. Burton stated that the training instructed newly hired employees regarding identification of mental health problems, such as suicidal inmates. Mr. Burton stated that the training was conducted by the Department for Mental Health and Mental Retardation Services.
A motion was made and seconded to approve the following amendments: (1) to amend Section 8 to clarify that jail personnel are required to have four hours of mental health training within their first year of service and one additional hour of training each year thereafter; and (2) to amend Sections 1 and 6 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Office of the Secretary
501 KAR 6:020. Corrections policies and procedures.
501 KAR 6:140. Bell County Forestry Camp. A motion was made and seconded to approve the following amendments: to amend Section 1 and policies incorporated by reference to make technical corrections and to update policy edition dates. Without objection, and with agreement of the agency, the amendments were approved.
Jail Standards for Life Safety Facilities
501 KAR 13:010. Life safety issues.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Inspector General: Controlled Substances
902 KAR 55:110. Monitoring system for prescription controlled substances. Stephanie Brammer-Barnes, administrative regulation coordinator, and David R. Hopkins, project manager, represented the office.
In response to questions by Co-Chair Damron, Mr. Hopkins stated that the current KASPER time delay was approximately five to seven days after dispensing a medication. Mr. Hopkins stated that the administrative regulation deleted the requirement that dial-up service be used since most pharmacies now accessed the Internet through high-speed technology and could submit electronically through that technology. Mr. Hopkins stated that only a few pharmacies still used paper reporting. He stated that most dispensers reported weekly, but that eight days was the maximum time allowed between dispensing and reporting to KASPER. Once the cabinet received the report, it was input into the KASPER system within one day. Co-Chair Damron requested that the cabinet follow up with the Subcommittee to report how many pharmacies are still not using electronic reporting to KASPER.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the function served by this administrative regulation; (3) to replace the Pharmacy Universal Claims Form, incorporated by reference, with the KASPER Reporting Form and update references throughout the administrative regulation; (4) to add an edition date to the ASAP Telecommunications Format for Controlled Substances, incorporated by reference; (5) to amend Section 2 to delete references to a toll-free number for transmitting electronic reports by modem; and (6) to amend Sections 1, 2, 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.
Department for Mental Health and Mental Retardation Services: Institutional Care
908 KAR 3:050. Per diem rates. Glenn Bryant, acting director, and Ray Peters, program administrator, represented the department.
At the June 10, 2008 meeting of the ARRS, a motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 1 to correct typographical errors and to comply with the drafting and format requirements of KRS Chapter 13A.
In response to a question by Senator Tapp, Mr. Bryant stated that facilities per diem rates were adjusted depending on cost data, such as how many patients were served. Mr. Bryant stated that this only affected the per diem rates for mental health services that pertain to ICF/MR facilities.
In response to a question by Senator Kerr, Mr. Bryant stated that the per diem for Eastern State was decreased from $440 to $410 because the cost data indicated a decrease in the costs for that facility.
A motion was made and seconded to approve the following amendments: to amend Section 1 to change references from “June 30, 2008” and “July 1, 2008” to the effective date of this administrative regulation in order to comply with KRS 13A.330. Without objection, and with agreement of the agency, the amendments were approved.
Department for Aging and Independent Living: Aging Services
910 KAR 1:160. Program and certification requirements for the adult day and Alzheimer's respite program. Karen Cooke, social services specialist, and Phyllis Sosa, branch manager, represented the department.
In response to a question by Senator Tapp, Ms. Sosa stated that the proposed amendment would not impact patient care since the amendment corrected a technical error.
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 citations; (2) to amend Section 6 to delete the requirement that the service provider comply with 910 KAR 1:220, Section 11, for self-administration of medications; (3) to amend Section 9(1)(c) to clarify that two staff members are required if two to ten clients are in attendance; (4) to amend Section 9(2)(a) to increase professional experience requirements for certain staff qualifications and clarify that experience may substitute for education to equal a minimum of five years; (5) to amend Section 9(3) to update tuberculosis screening requirements; (6) to amend Section 10(1) to require a monthly, instead of weekly, summary of client information and update the information required; (7) to amend the Application for Adult Day-Care Certification and the Certification Checklist, incorporated by reference, to make technical changes and updates to correspond with the amendments to the administrative regulation; and (8) to amend Sections 1 and 3 through 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.
Department for Community Based Services: Food Stamp Program
921 KAR 3:030. Application Process. Elizabeth Caywood, internal policy analyst, represented the department.
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 Section 1(5) to clarify that a KIM-100, KAMES Application, is considered filed when the form and any applicable supplements are received; and (3) to amend Section 6(2) to clarify that a public assistance application shall be governed by the time standards specified in 921 KAR 2:035, Section 4. Without objection, and with agreement of the agency, the amendments were approved.
Child Welfare
922 KAR 1:310. Standards for child-placing agencies.
In response to a question by Representative Ford, Ms. Caywood stated that previously the administrative regulation provided that a firearm and ammunition be stored separately in locked containers, but that the new amendment required that precautions be taken to ensure that foster children cannot readily access firearms. Ms. Caywood indicated that a foster parent may still teach firearm safety and possess a firearm.
In response to a question by Co-Chair Damron, Ms. Caywood stated that the department was unable to require specific parameters for firearm storage, but that each foster parent was trained about the age, needs, and background of each child and further guidelines were provided by statute.
In response to a question by Representative Lee, Ms. Caywood stated that enforcement of the requirements in this administrative regulation would not be more stringent than requirements for any other parent.
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 citations; (2) to amend Section 1 to insert a definition of “foster home”; and (3) to amend Sections 1 through 6, 8, 10 through 14, 17, 18, and 20 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 August 12, 2008, meeting of the Subcommittee:
GENERAL GOVERNMENT CABINET: Kentucky Board of Veterinary Examiners: Board
201 KAR 16:110. Prescriptions and dispensation of drugs for animal use.
COMMERCE CABINET: Department of Fish and Wildlife Resources: Fish
301 KAR 1:140. Special commercial fishing permit for Barkley and Kentucky Lakes.
301 KAR 1:146. Commercial fishing gear.
301 KAR 1:155. Commercial fishing requirements.
Hunting and Fishing
301 KAR 3:022. License, tag, and permit fees.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department for Environmental Protection: Division of Water: Water Quality Certification
401 KAR 9:020. Section 401 Water Quality Certification fees and certification timetable.
JUSTICE AND PUBLIC SAFETY CABINET: Kentucky Vehicle Enforcement: Vehicle Enforcement
500 KAR 14:010. Motor Carrier safety requirements.
500 KAR 14:020. Administrative penalties and appeals process for motor carrier safety violations.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Driver Improvement
601 KAR 13:070. KRS 159.051. Compliance verification for a minor.
EDUCATION CABINET: Kentucky Board of Education: Department of Education
School Administration and Finance
702 KAR 3:270. SEEK funding formula.
School Terms, Attendance and Operation
702 KAR 7:065. Designation of agent to manage high school interscholastic athletics.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: 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 1:015. Claiming races.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of the Secretary: E-Health
900 KAR 7:020. Kentucky e-Health Corporation.
The Subcommittee adjourned at 10:45 a.m. until August 12, 2008.