The September meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, September 9, 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: Senator Dick Roeding, Co-Chair; Representative Robert R. Damron, Co-Chair; Joey Pendleton, and Gary Tapp; Representatives Danny Ford, and Ron Weston.
Guests: Mike Carr, Alicia Sneed, Dr. Marilyn Troupe, Education Professional Standards Board; Richard Dobson, Ricky Haven, Department of Revenue; John Covington, Kentucky Infrastructure Authority; Jeff Boler, Jim Grawe, Gerald Hoppman, Perry Wornall, Board of Veterinary Examiners; Nathan Goldman, Board of Nursing; Margaret Hazlette, Board of Social Work; Ryan Halloran, Terry Reams, Board of Certification of Alcohol and Drug Counselors; Steven Dobey, David McChesney, Darin Moore, Melany Taylor; Department of Fish and Wildlife Resources; Jory Becker, Barry Elmore, Peter Goodmann, Alan Grant; Sandra Gruzesky; Abigail Powell, Tom Vanarsdall, Division of Water; John Carrico, Mark Mangeot, Morgain Sprague, Stacy Warnecke, Department of Kentucky State Police; Dana Fugazzi, Doug Sutton, Cindy Vanhoose, Department of Vehicle Regulation; James Cundy, Mark Myers, Department for Libraries and Archives; Tamela Biggs, Larry Moore, Department for Workforce Development; Brenda Parker, Melia Rivera, Kentucky Department of Insurance; Carrie Banahan, Jeni Cracraft, Cabinet for Health and Family Services; Guy Delius, Vonia Grabeel, Department of Public Health; Stephanie Brammer-Barnes, Wendy Fletcher, Jan Gould, Brad Hall, David Hopkins, Van Ingram, Sharon Eli Mercer, Jeffrey Osman, Beth Partin, Sadiqa Reynolds, Dave Sallengs, Stan Salyards, Matt Thomerson, Lloyd Vest, Gary Williamson, Paula York, Office of Inspector General; Stuart Owen, Department for Medicaid Services; Elizabeth Caywood, Justin Dearinger, Department for Community Based Services.
LRC Staff: Dave Nicholas, Donna Little, Sarah Amburgey, Emily Harkenrider, Laura Milam, Emily Caudill, Jennifer Beeler, and Laura Napier.
The Administrative Regulation Review Subcommittee met on Tuesday, September 9, 2008, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
EDUCATION PROFESSIONAL STANDARDS BOARD: Administrative Certificates
16 KAR 3:050. Professional certificate for instructional leadership - school principal, all grades. Mike Carr, director of certification; Alicia A. Sneed, director of legal services; and Dr. Marilyn Troupe, director of the Division of Educator Preparation, represented the board.
A motion was made and seconded to approve the following amendments: to amend Sections 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.
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Forms
103 KAR 3:020. Sales and Telecommunications Forms manual. Richard Dobson, executive director, and Ricky Haven, director, represented the cabinet.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, and 3 to comply with the drafting requirements of KRS Chapter 13A and to use the correct titles of the forms incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
103 KAR 3:050. Miscellaneous Taxes Forms manual.
In response to a question by Co-Chair Roeding, Mr. Dobson stated that the forms relating to miscellaneous taxes were being updated as part of the annual update of this administrative regulation and that this administrative regulation updated forms relating to taxes for health-care providers.
A motion was made and seconded to approve the following amendments: to amend Sections 1 to 15 to comply with the drafting and format requirements of KRS Chapter 13A and to use the correct titles of the forms incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
Sales and Use Tax; General Exemptions
103 KAR 30:091. Sales to farmers.
In response to a question by Senator Pendleton, Mr. Dobson stated that agents for hormone enhancement for the production of milk were tax exempt.
In response to questions by Co-Chair Roeding, Mr. Dobson stated that KRS 139.480 described aquatic organisms, including prawns and catfish. Catfish farms were exempt from Kentucky sales tax. A single certification sufficed for on-farm repairs such as repairing a fence or expanding a pond but that, if a contractor was involved, the certification had a specific time frame for the repairs or construction. This administrative regulation provided examples, rather than an exhaustive list of sales and use tax provisions for sales to farmers.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a statutory citation; (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 Section 1 to add definitions for “crops”, “farmer”, “farm machinery”, and “person”; (4) to amend Sections 1 to 13 to comply with the drafting and format requirements of KRS Chapter 13A and to clarify examples of farm-related items exempt from sales and use tax; and (5) to add Revenue Policy 51P360 to the list of policies rescinded by this administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
Office of Sales and Excise Taxes
103 KAR 31:200. Energy efficiency products.
A motion was made and seconded to approve the following amendments: (1) to amend the title and Sections 2, 3, and 4 to comply with the drafting and format requirements of KRS Chapter 13A; (2) to amend the RELATES TO paragraph and Section 1 to correct statutory citations; and (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. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT CABINET: Kentucky Infrastructure Authority: Continuing education requirements
200 KAR 17:090. Guidelines Kentucky Infrastructure Authority Grants from Unobligated Bond Pool Funds. John E. Covington, III, executive director, represented the authority.
In response to questions by Senator Tapp, Mr. Covington stated that the Unobligated Bond Pool was for water and sewer emergencies or needs between sessions of the General Assembly, such as a package water or sewer plant that stopped working or was taken over by a public water supply system or a package plant that was damaged after a vehicle collided into it. The project maximum was $500,000 and the current bond pool total fund was $3.4 million.
In response to a question by Co-Chair Roeding, Mr. Covington stated that the board approved funding for a project and then sent the matter to the Capital Projects and Bond Oversight Committee. In response to a request by Co-Chair Roeding for the authority to send a copy of this administrative regulation to local governments, Mr. Covington stated that the authority's intent was to send it to agencies that could benefit from the program, such as the area development districts.
In response to a question by Co-Chair Damron, Mr. Covington stated that the current bond pool total fund was $3.4 million. Co-Chair Damron stated strong opposition to an executive branch agency distributing funding since distribution of funds was under the jurisdiction of the General Assembly.
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 and Section 2 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 through 3, 5 and 6 to comply with the drafting and format requirements of KRS Chapter 13A; (4) to amend Section 6 to clarify that an eligible project shall be reviewed by the Capital Projects and Bond Oversight Committee; and (5) to revise the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT. Without objection, and with the agreement of the agency, the amendments were approved.
Board of Veterinary Examiners: Board
201 KAR 16:110. Prescriptions and dispensation of drugs for animal use. Jim Grawe, assistant attorney general; Gerald W. Hoppmann, director; and Perry W. Wornall, board chairman, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; (2) to amend Section 7 to clarify the role of the veterinary assistant in the dispensing of drugs; and (3) to amend Sections 1 to 3 and 5 to 7 to comply with the format 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 20:410. Expungement of records. Nathan Goldman, 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 through 3 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Social Work: Board
201 KAR 23:015. Temporary permission to practice. Jim Grawe, assistant attorney general; Margaret Hazlette, board chairperson; and Gerald W. Hoppmann, director, represented the board.
In response to a question by Senator Tapp, Ms. Hazlette stated that four (4) to five (5) temporary permits to practice social work were issued yearly and that the intent of this administrative regulation was to allow recent graduates to become employed while waiting for licensure processing.
A motion was made and seconded to approve the following amendments: to amend Section 1 to: (1) comply with the drafting and format requirements of KRS Chapter 13A; and (2) provide 120, rather than sixty (60), days for a temporary permit extension. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 23:070. Qualifying education and qualifying experience under supervision.
In response to a question by Senator Tapp, Ms. Hazlette stated that she could not comment regarding whether or not five (5) years of work in another jurisdiction was comparable to the amount of time required by other states for qualifying experience, but that the board had applicants with twenty (20) and thirty (30) years of experience. She further stated that the applicants would still be permitted to take the exam.
In response to a question by Co-Chair Roeding, Ms. Hazlette stated that the national board would not give the exam twice to the same applicant.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a statutory citation; (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 though 9 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to revise the contract incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
Board of Certification of Alcohol and Drug Counselors: Board
201 KAR 35:020. Fees. Ryan Halloran, assistant attorney general; Gerald W. Hoppmann, director; and Terry L. Reams, board chairman, represented the board.
In response to a question by Co-Chair Roeding, Mr. Reams stated that the alcohol and drug counselors had been notified regarding the fees and that they did not make comment.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 through 9 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to revise the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 35:040. Continuing education requirements.
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; (2) to amend Sections 1 through 11 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to revise the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 35:050. Curriculum of study.
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 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.
201 KAR 35:060. Complaint procedure.
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 Section 1 through 5 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.
201 KAR 35:070. Supervision and work experience.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 to 4 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to revise the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT. Without objection, and with agreement of the agency, the amendments were approved.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Game
301 KAR 2:082. Transportation and holding of exotic wildlife. Steven Dobey, program coordinator; David McChesney, program manager; Darin K. Moore, director; and Melany Taylor, attorney, represented the department.
In response to a question by Senator Tapp, Mr. Moore stated that this administrative regulation only affected fairs.
A motion was made and seconded to amend Sections 5, 7, and 9 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
301 KAR 2:132. Elk depredation permits, landowner cooperator permits, and hunts.
In response to a question by Representative Ford, Mr. Moore stated that this administrative regulation did not impact land owners' ability to hunt on their own land.
A motion was made and seconded to approve the amendment to Section 4 to correct a minor drafting error. Without objection, and with agreement of the agency, the amendment was approved.
301 KAR 2:176. Deer control tags and destruction permits.
A motion was made and seconded to approve the following amendments: to amend Sections 2 and 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Wildlife
301 KAR 4:070. Scientific and educational collecting permits.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3 to delete email addresses; and (2) 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.
ENERGY AND ENVIRONMENT CABINET: Department of Environmental Protection: Division of Water: Water Quality
401 KAR 5:012. Repeal of 401 KAR 5:040. Jory Becker, manager; Peter Goodmann, manager; Sandra Gruzesky, executive director; and Bruce Scott, commissioner, represented the department.
401 KAR 5:052. Requirements applicable to cooling water intake structures for facilities regulated by Section 316(b) of the Clean Water Act, 33 U.S.C. 1326(b).
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph and Section 1 to make technical corrections; and (2) 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. Without objection, and with agreement of the agency, the amendments were approved.
Water Wells
401 KAR 6:001. Definitions for 401 KAR Chapter 6.
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.
401 KAR 6:310. Water supply well construction practices and standards.
In response to a question by Senator Tapp, Mr. Goodmann stated that jetted wells and driven-point wells were prohibited for public water supply use because the wells did not have a sanitary seal and contaminates could migrate into the water supply. Mr. Goodmann stated that this was a public health concern.
A motion was made and seconded to approve the amendment to add a statutory citation to the RELATES TO paragraph. Without objection, and with agreement of the agency, the amendment was approved.
401 KAR 6:320. Certification of water well drillers.
401 KAR 6:350. Monitoring well construction practices and standards.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a statutory citation; and (2) to amend Section 4 to include requirements for flush-mount monitoring well surface pads. Without objection, and with agreement of the agency, the amendments were approved.
Water Quality Certification
401 KAR 9:020. Section 401 Water Quality Certification fees.
Co-Chair Roeding thanked the department for exempting fees for applications for certifications for impacts to streams up to 500 linear feet.
In response to a question by Co-Chair Roeding, Mr. Scott stated that duplexes and triplexes would most likely fall into the exemption for impacts to streams up to 500 linear feet.
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 the NECESSITY, FUNCTION, AND CONFORMITY paragraph to make technical changes and to conform to the reorganization authorized by Executive Orders 2008-507 and 2008-531; (3) to amend Sections 1 through 4 to comply with the drafting and format requirements of KRS Chapter 13A; (4) to amend Section 3 to revise the fee system to remove fees for the cost of processing applications for certifications impacting streams up to 500 linear feet; (5) to revise the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT; and (6) to add a FEDERAL MANDATE ANALYSIS COMPARISON, as required by KRS 13A.245. Without objection, and with agreement of the agency, the amendments were approved.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Kentucky State Police: General Traffic
502 KAR 15:010 & E. Accident reports. John Carrico, lieutenant; Morgain Sprague, attorney; and Stacy Warnecke, DNA database supervisor, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (2) to amend Sections 1 to 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.
DNA
502 KAR 32:010 & E. Centralized database for DNA identification records.
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 necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Sections 1, 2, 7, and 8 to conform to the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Driver Improvement
601 KAR 13:070. KRS 159.051. Compliance verification for a minor. Dana Fugazzi, attorney; Doug Sutton, assistant director; and Cindy VanHoose, director, represented the cabinet.
Co-Chair Roeding thanked the department for its hard work on this administrative regulation.
Co-Chair Damron thanked the department and stated that it was his understanding that the sponsor of the legislation was in agreement with this administrative regulation.
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 TITLE and NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the function served by this administrative regulation; (3) to amend Section 2 to set forth all requirements for a minor driver license application and to delete the “School Compliance Verification for Driver Licensing Form” and replace it with the “Driver License-ID Card Application Form”; (4) to amend Sections 4 and 5 to clarify the process for notification of compliance with KRS 159.051 and notification of reapplication after compliance is established; and (5) to amend Sections 2 to 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.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Department for Libraries and Archives: Archives
725 KAR 1:030. Scheduling public records for retention and disposal; procedures. James Cundy, manager, and Mark Myers, archivist, 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 to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
Department for Workforce Development: Unemployment Insurance
787 KAR 1:190. Recoupment and recovery. Larry W. Moore, policy analyst, represented the department.
A motion was made and seconded to approve amendments to Section 1 to comply with the drafting requirements of KRS 13A.222(4)(a). Without objection, and with agreement of the agency, the amendments were approved.
Employment Services
787 KAR 2:020. Confidentiality of records of the office of employment and training.
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, 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.
PUBLIC PROTECTION CABINET: Department of Insurance: Health Insurance Contracts
806 KAR 17:180 & E. Standard health benefit plan. Brenda Parker, manager, and Melea Rivera, health policy specialist, represented the department.
In response to a question by Co-Chair Roeding, Ms. Parker stated that the 2008 General Assembly amended the statutes pertaining to the standard plan and those changes necessitated corresponding modifications to this administrative regulation.
806 KAR 17:310. Prompt payment of claims reporting requirements.
In response to a question by Co-Chair Roeding, Ms. Parker stated that this administrative regulation did not add new requirements regarding purchasing dental insurance but it did clarify the requirement for prompt payment of dental claims.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to delete a statutory citation; and (2) to delete requirement language from the NECESSITY, FUNCTION, AND CONFORMITY paragraph. Without objection, and with agreement of the agency, the amendments were approved.
806 KAR 17:360. Prompt payment of claims.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to delete a statutory citation; and (2) to delete requirement language from the NECESSITY, FUNCTION, AND CONFORMITY paragraph. Without objection, and with agreement of the agency, the amendments were approved.
806 KAR 17:370. Standardized health claim attachments.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to delete a statutory citation; (2) to delete requirement language from the NECESSITY, FUNCTION, AND CONFORMITY paragraph; 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.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: Certificate of Need
900 KAR 6:050 & E. Certificate of need administrative regulation. Carrie Banahan, executive director, and Joni Cracraft, staff advisor, represented the office.
Senator Tapp stated that he had been waiting six (6) years for this administrative regulation.
Representative Weston stated that this administrative regulation would assist with the needs for hospitals in adjacent counties as well as the county where the hospital will be located.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 4, 7, 8, 12, 15, 17 to 20, 23, 24, 27, and 29 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 of Public Health: Food and Cosmetics
902 KAR 45:150. School sanitation. Guy Delius, acting director, and Vonia Grabeel, supervisor, represented the department.
In response to a question by Representative Ford, Mr. Delius stated that this amendment applied tiering to smaller, parochial schools and did not make it harder for schools to comply with the school sanitation requirements.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, and 3 to 11 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to create a new Section 11 to incorporate by reference the required School Inspection Report form. Without objection, and with agreement of the agency, the amendments were approved.
Department for Medicaid Services: Medicaid Services
907 KAR 1:026. Dental services. Stuart Owen, regulation coordinator, represented the department.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 13 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:626. Reimbursement of dental services.
907 KAR 1:911E. Repeal of 907 KAR 1:013.
Department for Community Based Services: Child Welfare
922 KAR 1:360 & E. Private child care placement, levels of care, payment. Elizabeth Caywood, policy analyst, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correctly reference the 2008 budget bill, 2008 Ky. Acts ch. 127, Part 1, H.10(3); (2) to amend Section 5(2) to clarify how the index factor for median levels of care were established; and (3) to amend Sections 1 through 6, 11, 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 October 14, 2008, meeting of the Subcommittee:
GENERAL GOVERNMENT CABINET: State Board of Examiners and Registration of Landscape Architects: Board
201 KAR 10:050. Fees.
Kentucky Board of Certification of Alcohol and Drug Counselors: Board
201 KAR 35:080. Voluntary inactive status.
INDEPENDENT ADMINISTRATIVE BODIES: Kentucky Board of Emergency Medical Services: Board
202 KAR 7:330 & E. Requirements for examination, certification, and recertification of the advanced emergency medical technician.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Office of the Secretary
501 KAR 6:200. Comprehensive sex offender presentence evaluation procedure.
Department of Kentucky State Police: Criminal History
502 KAR 30:060. Dissemination of criminal history record information.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Kentucky Board of Education: Department of Education: School Terms, Attendance and Operation
702 KAR 7:065. Designation of agent to manage high school interscholastic athletics.
School Terms, Attendance and Operation
702 KAR 7:130 & E. Approval of innovative alternate school calendars.
PUBLIC PROTECTION CABINET: Horse Racing Commission: Thoroughbred Racing
810 KAR 1:012. Horses.
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.
Office of Inspector General: Controlled Substances
902 KAR 55:030. Schedule IV substances. Stephanie Brammer-Barnes, policy analyst; Sadiqa Reynolds, inspector general; and Dave Sallengs, manager, represented the office.
In response to questions by Co-Chair Damron, Ms. Reynolds stated that stakeholders were aware that the office did not plan to defer this administrative regulation and that Arkansas also classified Tramadol as a scheduled drug.
Co-Chair Roeding stated that Tramadol was abused and has withdrawal effects. He further stated that, in 2005, emergency room treatment pertaining to Tramadol indicated a problem and that Kentucky was the leading state in prescription drug abuse. He was concerned, though, about involvement and communication during the amendment process.
In response to a question by Co-Chair Damron, Ms. Reynolds stated that the United States Drug Enforcement Agency and the Legislative Research Commission Program Review and Investigations Committee recommended scheduling Tramadol and that pharmacists' statistics also indicated a problem.
Senator Tapp stated that members of the subcommittee needed more advanced notice of the issues raised by this administrative regulation.
Co-Chair Roeding stated his agreement with Senator Tapp and stated that numerous professional boards and associations, as well as law enforcement agencies, the Justice and Public Safety Cabinet, and lobbyists supported the scheduling of Tramadol.
A motion was made and seconded to defer consideration of this administrative regulation until the subcommittee's October meeting. Ms. Reynolds stated that the department would agree to defer this administrative regulation. Without objection, and with agreement of the agency, this administrative regulation was deferred.
The Subcommittee adjourned at 11:30 a.m. until October 14, 2008.