The October meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, October 14, 2008, at 10:00 AM, 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 Alice Forgy Kerr, Joey Pendleton, and Gary Tapp; Representatives Danny Ford, and Ron Weston.
Guests: Ancil Harbin, Department of Veterans' Affairs; Kathryn Gabhart, Kentucky State Board of Elections; Ricky Haven, Angela Robinson, Don Speer, Finance and Administration Cabinet; Dick Carroll, Board of Accountancy; Jane Gardner, Billy Van Pelt, State Board of Examiners and Registration of Landscape Architects; Rayn Halloran, Gerald Hoppman, Geoff Wilson, Kentucky Board of Certification of Alcohol and Drug Counselors; Charles O'Neal, Tim Pickering, Lee Rowland, Kentucky Board of Emergency Medical Services; Ryan Oster, Jeff Ross, Catherine York, Department of Fish and Wildlife Services; Donna Duncan, Janine Coy-Geeslin, Catherine Staib, Kentucky Economic Development Finance Authority; Jory Becker, Barry Elmore, Abby Powell, Division of Water; Lora Gowins, Ty Martin, Division for Air Quality; Barney Kinman, Steve Lynn, Gregg Muravchick, Justice and Public Safety Cabinet; Paula Hampton, Carol Hughes, Lucretia Johnson, Dwight Lovan, Carla Montgomery, Department of Workers' Claims; Brenda Parker, Melea Rivera, John Burkholder, Department of Insurance; Edgar Adams, Stephanie Brammer-Barnes, Michael Burleson, Richard Dart, Danna Droz, Brian Fingerson, Stephanie Hold, David Hopkins, Van Ingram, Sharon Eli Mercer, Jeff Osman, Elizabeth Partin, Sadiqa Reynolds, Michael Rodman, Dave Sallengs, Stan Salyards, Richard Slone, Matt Thomerson, Gary Vorsanger, Office of Inspector General.
LRC Staff: Dave Nicholas, Donna Little, Sarah Amburgey, Emily Harkenrider, Karen Howard, Emily Caudill, Jennifer Beeler, and Laura Napier.
The Administrative Regulation Review Subcommittee met on Tuesday, October 14, 2008, and submits this report:
The Subcommittee determined that the following administrative regulation did not comply with statutory requirements and was deficient:
State Board of Examiners and Registration of Landscape Architects: Board
201 KAR 10:050. Fees. Jane Gardner, executive director, and Billy Van Pelt, board president, represented the board.
In response to a question by Co-Chair Roeding, Ms. Gardner stated that the fees had not changed since 1999 and that the board had been subsidizing fees. She also stated that the fees solely covered the costs of processing applications and examinations.
In response to a question by Co-Chair Damron, Ms. Gardner stated that the board's funding for 2008 was not redirected by the executive branch budget, but that the budget recommended redirection of the board's funding for 2009.
In response to a question by Co-Chair Roeding, Ms. Gardner stated that the board preferred to move ahead with this administrative regulation rather than to defer.
In response to a question by Representative Ford, Ms. Gardner stated that, pursuant to the statute, an inactive licensee may use the title, Landscape Architect, but shall not practice. Thus, the board determined it was more valuable than its current twenty-five (25) dollar fee indicated.
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 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.
Senator Tapp made a motion, seconded by Representative Ford, to find 201 KAR 10:050 deficient. On a roll call vote, the administrative regulation was found deficient, with Co-Chair Roeding, Co-Chair Damron, Senator Pendleton, Senator Tapp, Representative Ford, and Representative Weston voting in favor of the finding of deficiency and Senator Kerr voting in opposition to the finding.
Administrative Regulations Reviewed by the Subcommittee:
DEPARTMENT FOR VETERANS' AFFAIRS: State Veterans' Nursing Homes
17 KAR 3:020. Maximum charge for room and care at state veterans' nursing homes. Ancil Harbin, branch manager, represented the department.
KENTUCKY STATE BOARD OF ELECTIONS: Forms and Procedures
31 KAR 4:140 & E. Submitting a federal post card application and absentee ballot request electronically. Kathryn Gabhart, general counsel, represented the board.
In response to questions by Co-Chair Roeding, Ms. Gabhart stated that this administrative regulation affected military personnel and overseas citizens and that the process involved the internet and secure ballots, which made the process quicker.
In response to questions by Co-Chair Damron, Ms. Gabhart stated that an eligible voter may both register and vote through this process if done by the deadline. She also stated that the signature on the registration was to be compared with the signature on the ballot, but that states were not yet able to compare databases to audit for voters registered and voting in multiple states. Ms. Gabhart stated that the board was a proponent of and working toward Kentucky participation in a national database to audit for voting in multiple states, but that the capability was still several years from actualization.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 4, 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.
FINANCE AND ADMINISTRATION CABINET: Purchasing
200 KAR 5:390 & E. Registration to collect Kentucky sales and use tax. Ricky Haven, Director of the Division of Sales and Use Tax, and Don Speer, executive director, represented the cabinet.
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 to 3 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT CABINET: Board of Accountancy: Board
201 KAR 1:160. Peer reviews. Dick Carroll, executive director, represented the board.
In response to a question by Co-Chair Roeding, Mr. Carroll stated that peer reviews were always conducted in accountancy. Previously, this administrative regulation required that information be submitted regarding the peer reviews, but under this change, the board would receive the actual reports from the peer review organizations.
A motion was made and seconded to approve the following amendments: 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.
201 KAR 1:171. Repeal of 201 KAR 1:170.
Kentucky Board of Certification of Alcohol and Drug Counselors: Board
201 KAR 35:080. Voluntary inactive status. Ryan Halloran, assistant attorney general; Gerald W. Hoppmann, Director of the Division of Occupations and Professions; and Geoff Wilson, certified alcohol and drug counselor, represented the board.
In response to a question by Senator Tapp, Mr. Wilson stated that to return to full certification after a period of inactive status, the certificate holder shall have complied with continuing education requirements and filed an application for a status transfer with the board.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and 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.
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. Charles O'Neal, executive director, and Lee Rowland, deputy general counsel, represented the board.
In response to a question by Senator Tapp, Mr. O'Neal stated that there were four (4) new national levels of EMT, including advanced levels that could begin IVs, perform airway techniques, and administer some medications.
In response to a question by Co-Chair Roeding, Mr. O'Neal stated that this administrative regulation did not provide incentives for licensure; however, the board had established two (2) pilot projects to that end in Jessamine and Bullitt Counties.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to add a definition for “advanced emergency medical technician”; (2) to amend Sections 5 and 7 to delete duplicative language; (3) to amend material incorporated by reference to reflect current forms; and (4) to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 through 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.
202 KAR 7:510. Air ambulance services.
In response to a question by Co-Chair Roeding, Mr. O'Neal stated that the board had worked with industry representatives and reached a consensus regarding this administrative regulation.
In response to a question by Representative Ford, Mr. O'Neal stated that the board usually addressed less than fifty (50) deficiencies annually for approximately 248 licensees.
In response to a question by Senator Tapp, Mr. O'Neal stated that the requirement for air conditioners on air ambulances had been deleted and that now the administrative regulation required air ambulances to be climate controlled.
A motion was made and seconded to approve the following amendments: (1) to amend Section 6 to require air ambulances to be climate controlled and to keep pharmaceuticals within their recommended temperature ranges; (2) to amend material incorporated by reference to reflect current forms; and (3) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 2, 4, 5, 6, 7, 9, 10, 11, and 16 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Fish
301 KAR 1:201. Recreational fishing limits. Ryan Oster, program coordinator; Jeff Ross, program manager; and Catherine York, deputy general counsel, represented the department.
In response to a question by Co-Chair Roeding, Mr. Ross stated that this administrative regulation did not have an impact on commercial fishermen.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with the agreement of the agency, the amendments were approved.
CABINET FOR ECONOMIC DEVELOPMENT: Kentucky Economic Development Finance Authority: Authority
307 KAR 1:050 & E. Application process for tax increment financing. Catherine Staib, assistant general counsel, represented the authority.
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, 2, and 4 to 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.
ENERGY AND ENVIRONMENT CABINET: Department of Environmental Protection: Division of Water: Water Quality
401 KAR 5:057. KPDES pretreatment requirements. Jory Becker, branch manager, and Barry Elmore, engineer, represented the division.
In response to a question by Senator Tapp, Mr. Becker stated that the division had not received negative comments from stakeholders, but that the division had received one (1) general comment from the Kentucky League of Cities. Mr. Becker also stated that the division had clarified the matter of concern with the Kentucky League of Cities.
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 the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to comply with Executive Orders 2008-507 and 2008-531; and (3) to make technical corrections to Sections 1, 3 through 10, and 12 through 16. Without objection, and with agreement of the agency, the amendments were approved.
Division for Air Quality: General Administrative Procedures
401 KAR 50:066. Conformity of transportation plans, programs, and projects. Lora Gowins, environmental control supervisor, and Ty Martin, environmental technologist, represented the division.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to comply with Executive Orders 2008-507 and 2008-531; and (2) to amend Sections 1and 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.
JUSTICE AND PUBLIC SAFETY CABINET: Office of the Secretary: Special Local Peace Officers
500 KAR 3:010. Definitions. Barney Kinman, executive staff advisor; Steve Lynn, assistant general counsel; and Gregg Muravchick, Executive Director of the Office of Investigations, represented the office.
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 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.
500 KAR 3:020. Filing and processing SLPO commissions.
In response to questions by Co-Chair Damron, Mr. Lynn stated that the agency did not receive any public comments. Mr. Lynn also stated that LEOSA only applied to retired government officers, but that an officer affected by these administrative regulations may carry a concealed weapon until the officer was off duty. The officer may also carry a concealed weapon during off-duty hours if the officer had a CCDW.
In response to a question by Co-Chair Roeding, Mr. Lynn stated that a special local peace officer had the same authority as a police officer while on the job site's property or while in chase from that property.
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 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 2 through 9 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to amend Section 3 to change the term of the commission for a special local peace officer from five (5) years to four (4) years, in conformity with Section 93 of the Kentucky Constitution. Without objection, and with agreement of the agency, the amendments were approved.
LABOR CABINET: Department of Workers' Claims: Workers' Claims
803 KAR 25:089 & E. Workers' compensation medical fee schedule for physicians. Dwight Lovan, commissioner, and Carla Montgomery, general counsel, represented the department.
In response to a question by Senator Tapp, Mr. Lovan stated that fees were generally the same among counties in that CPT codes were the same, but certain procedures were regional specific.
In response to questions by Co-Chair Damron, Mr. Lovan stated that the fee variance was too great to define a comprehensive fee amount increase. Mr. Lovan also stated that these amendments did not relate to the American Medical Association manual. He stated that the department did not receive public comments opposed to the fee schedule, and was required by statute to update this administrative regulation every two (2) years.
In response to a question by Senator Tapp, Mr. Lovan stated that the fee structure was the same for CPT code procedures, but region-specific for certain other procedures.
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 and 5 to comply with the drafting requirements of KRS 13A.222(4)(a). Without objection, and with agreement of the agency, the amendments were approved.
PUBLIC PROTECTION CABINET: Department of Insurance: Insurance Contracts
806 KAR 14:007. Rate and form filing for health insurers. John Burkholder, deputy commissioner; Brenda Parker, branch manager; and Melea Rivera, health policy specialist, represented the department.
In response to a question by Co-Chair Roeding, Mr. Burkholder stated that the department was not raising rates in this administrative regulation.
Health Insurance Contracts
806 KAR 17:005. Health insurance forms and reports.
Senator Tapp stated that he had noticed an increase in health insurance rates.
In response to a question by Co-Chair Roeding, Mr. Burkholder stated that this administrative regulation did not establish any new reporting requirements.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 2 to correct the names of required forms. Without objection, and with agreement of the agency, the amendments were approved.
806 KAR 17:280. Registration, utilization review, and internal appeal.
In response to a question by Co-Chair Roeding, Mr. Burkholder stated that this administrative regulation and 806 KAR 17:290 were amended for clarity.
A motion was made and seconded to approve the following amendments: to amend Sections 3, 4, 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.
806 KAR 17:290. Independent external review program.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 3, 5, 6, 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.
806 KAR 17:500. Basic health benefit plan requirements.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Inspector General: Controlled Substances
902 KAR 55:030. Schedule IV substances. Stephanie Brammer-Barnes, regulation coordinator; Sadiqa Reynolds, inspector general; and David Sallengs, branch manager, represented the office. The following people appeared in support of this administrative regulation: Michael Burleson, executive director, representing the Kentucky Board of Pharmacy; Brian Fingerson, pharmacist, representing the Kentucky Professionals Recovery Network; Elizabeth Partin, DNP, CFNP, nursing practice consultant, representing the Kentucky Coalition of Nurse Practitioners and Nurse Midwives; Matt Thomerson, detective, representing the Louisville Metro Police Drug Unit; Richard K. Slone, president, representing the Kentucky Pharmacists Association; and Van Ingram, acting executive director, representing the Kentucky Office of Drug Control Policy. The following people appeared in opposition to this administrative regulation: Edgar Adams, ScD, executive director of epidemiology, representing Covance; Richard Dart, MD, PhD, director of the RADAR system, representing the Denver Health and Hospital Authority; Danna Droz, prescription drug monitoring program administrator, representing the Ohio State Board of Pharmacy; and Gary Vorsanger, PhD, MD, senior director of clinical development, representing Ortho McNeil Janssen Scientific Affairs.
Ms. Reynolds stated that the Drug Enforcement Agency Web site lists Tramadol as a drug of concern, since it may induce dependency. The Food and Drug Administration's MedWatch has voluntarily reported problems with Tramadol. An LRC Program Review and Investigations Committee study recommended that the Office of Inspector General consider scheduling Tramadol. In an open-response survey, seventy (70) percent of pharmacists reported Tramadol as prone to fraud and abuse or reported the need for Tramadol to be scheduled. She stated that law enforcement, pharmacies, and physicians have reported problems with Tramadol. She stated that Tramadol has been scheduled in Arkansas and has been monitored in Ohio.
Detective Thomerson stated that the Louisville Metro Police Department received complaints regarding Tramadol on a weekly basis. He stated that, since Tramadol was not scheduled, the police could not usually make arrests related to Tramadol abuse or fraud.
In response to a question by Co-Chair Roeding, Ms. Reynolds stated that KASPER's authorizing statutes did not permit tracking nonscheduled drugs, such as Tramadol.
Mr. Burleson stated that the Drug Enforcement Agency recommended that Tramadol be scheduled. He stated that the Board of Pharmacy was aware of numerous reports of problems with Tramadol and that the board recommended scheduling Tramadol as a Schedule IV drug.
Mr. Slone stated that the Kentucky Pharmacists Association voted unanimously in support of the proposal to schedule Tramadol.
Mr. Fingerson stated that Tramadol was abused, had been a drug of choice, and was easily diverted because it was not scheduled.
Ms. Partin stated that the Kentucky Coalition of Nurse Practitioners and Nurse Midwives recognized that Tramadol was bought and sold on the street. She stated that Tramadol needed to be scheduled.
Mr. Ingram stated that Tramadol (Ultram) needed to be scheduled.
Ms. Reynolds stated that RADAR (Research on Adverse Drug Events and Reports) studies were being funded by drug companies and have never recommended that a drug be scheduled.
Dr. Vorsanger stated that he was responsible for risk management for postmarket pain drugs, including Tramadol. Arkansas scheduled Tramadol in July 2007 and its scheduling had unintended consequences.
Dr. Adams stated that he was responsible for the nation's drug abuse monitoring program and that he had monitored Tramadol since 1992. In Germany, Tramadol was widely prescribed and rarely abused. Only 500 seizures in the Unites States were Tramadol-related and Tramadol abuse had not reached a level of national concern for scheduling. He believed that scheduling Tramadol would impede its legitimate uses and that scheduling Tramadol could have unintended consequences. He stated, for example, that in Arkansas, since the scheduling of Tramadol, use had risen of the more toxic drug, Darvon.
Dr. Dart stated that while RADAR did not recommend drug scheduling, Tramadol studies indicated a low, constant abuse rate in Kentucky that was the same as the United States in general. He stated that after scheduling, Arkansas data indicated the same level of abuse as before scheduling.
In response to a question by Representative Ford, Dr. Dart stated the manufacturers of Tramadol asked him to testify at the meeting.
Ms. Droz stated that she represented Ohio and that, in Ohio for law enforcement purposes, all drug misuse carried the same penalties as controlled substances. Ms. Droz also stated that she had three (3) recommendations for Kentucky: (1) Pharmacies should keep records of purchases and sales to audit for stealing; (2) Kentucky should add a law regarding deception to obtain drugs illegally, such as phone-in forgeries; and (3) Kentucky should allow KASPER to monitor nonscheduled substances.
In response to a question by Senator Kerr, Dr. Adams stated that the level of abuse of Tramadol was the same as the level of abuse for NSAIDs. Dr. Adams also stated that there have been 700 cases of Tramadol abuse reported. He stated that, in Egypt, prescriptions for Tramadol decreased after its scheduling and resumed regular prescription levels after the descheduling of Tramadol.
Mr. Sallengs stated that the Office of Inspector General received many complaints regarding Tramadol, including reports of abuse, withdrawal, and dependency.
Ms. Reynolds stated that statistics for Tramadol abuse in Germany were irrelevant. She stated that data from eastern Kentucky indicated abuse of OxyContin and data from Jefferson County indicated abuse of Hydrocodone; therefore, drug use may be region specific. She also stated that Tramadol was a problem in Kentucky and needed to be addressed.
In response to questions by Representative Weston, Dr. Adams stated that, once a drug was scheduled, prescriptions for that drug dropped because of regulatory oversight, fear of addicting patients, and patients' fear of addiction. He stated that the result may be undertreatment of pain. Dr. Adams also stated that, in Arkansas, prescriptions of Tramadol decreased after its scheduling, but prescriptions of other scheduled drugs, such as Darvon, rose. He stated that the problem with scheduling Tramadol after reported abuses in Kentucky was that there may be unintended consequences or undertreatment of pain.
Dr. Vorsanger stated that decisions about scheduling Tramadol should be based on sound scientific studies rather than anecdotal evidence. He also stated that the rates of abuse of Tramadol did not change after scheduling, but legitimate pain management declined. He also stated that scheduling OxyContin and Vicodin did not stop or control the abuse of those drugs.
In response to questions by Senator Tapp, Dr. Dart stated that the data regarding Kentucky abuse of Tramadol came from law enforcement questionnaires. He also stated that they did not question pharmacists.
In response to a question by Senator Kerr, Dr. Vorsanger stated that there were not a lot of drug alternatives to Tramadol for pain categories for which Tramadol was prescribed.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clarify that the administrative regulation differs from the federal requirements by including several drugs on the Schedule IV controlled substance list, due to their significant abuse potential; and (2) to amend Section 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.
The following administrative regulations were deferred to the November 12, 2008, meeting of the Subcommittee:
PERSONNEL CABINET: Personnel Cabinet, Classified
101 KAR 2:066 & E. Certification and selection of eligibles for appointment.
REVENUE CABINET: General Administration
103 KAR 1:150. Electronic data match and levy procedures.
GENERAL GOVERNMENT CABINET: Kentucky Real Estate Appraisers Board: Board
201 KAR 30:030. Types of appraisers required in federally-related transactions; certification and licensure.
Kentucky Board of Licensure for Private Investigators: Board
201 KAR 41:020. Application for licensure.
201 KAR 41:040. Fees.
201 KAR 41:060. Renewal and reinstatement procedures.
201 KAR 41:065. Inactive status.
201 KAR 41:070. Continuing professional education requirements.
INDEPENDENT ADMINISTRATIVE BODIES: Kentucky Board of Emergency Medical Services: Board
202 KAR 7:030. Fees of the board. Charles O'Neal, executive director, and Lee Rowland, deputy general counsel, represented the board. Tim Pickering, director of public affairs for Air Evac Lifeteam, appeared in support of this administrative regulation and represented the emergency medical services industry.
In response to a question by Co-Chair Roeding, Mr. O'Neal stated that the fees were necessary to fill three (3) of the board's current five (5) vacancies. Mr. O'Neal also stated that the board received only one (1) public comment opposing the fees and had not increased fees since 2000.
In response to a question by Co-Chair Damron, Mr. O'Neal stated that none of the board's budget was redirected by the budget bill and that fees would generate only enough revenue to provide for the necessities of the board.
In response to a question by Senator Tapp, Mr. O'Neal stated that, in addition to the three (3) employees to be hired, the fees were needed to replace field staff vehicles and for other capital expenses stemming from the agency's transfer from the general government cabinet to KCTCS.
In response to a question by Representative Weston, Mr. O'Neal stated that he agreed that the board should have raised fees incrementally rather than waiting until the need was significant, but he had been executive director only since February of this year. Mr. O'Neal also stated that the board's General Fund allocations have been significantly reduced in this budget cycle.
In response to questions by Senator Tapp, Mr. O'Neal stated that approximately sixty (60), or at least over fifty (50), percent of the board's funding came from General Fund allocations. Mr. O'Neal also stated that the board hoped to reduce fees in the future if financial situations improved.
In response to questions by Representative Ford, Mr. O'Neal stated that the fee for air ambulance providers was new. Mr. O'Neal also stated that the revenue from the fee was used to process license transfers, which may involve such things as inspecting aircraft. The fee was the same regardless of the number of ambulances involved.
In response to questions by Co-Chair Roeding, Mr. O'Neal stated that there was a maximum penalty established by the statute. Mr. Pickering stated that his company agreed with the fee increase. Mr. O'Neal stated that the smallest fee increases affect volunteer positions in efforts not to deter volunteers.
A motion was made and seconded to approve the following amendments: to amend Sections 2, 5, 6, 7, and 9 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
In response to a question by Co-Chair Damron, Mr. O'Neal stated that the board agreed to deferral of consideration to the November 12 meeting of the Subcommittee.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Game
301 KAR 2:300. Black bears.
ENERGY AND ENVIRONMENT CABINET: Department of Environmental Protection: Division of Water: Water Quality Standards
401 KAR 10:001 & E. Definitions for 401 KAR Chapter 10.
401 KAR 10:026. Designation of uses of surface waters.
401 KAR 10:029. General provisions.
401 KAR 10:030. Antidegradation policy implementation methodology.
401 KAR 10:031. Surface water standards.
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.
TRANSPORTATION CABINET: Department of Highways: Traffic
603 KAR 5:320. Safety in highway work zones.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Board of Education: Department of Education: School Administration and Finance
702 KAR 3:080. Fidelity bond, penal sum for treasurer, finance officer and others.
School Terms, Attendance and Operation
702 KAR 7:065. Designation of agent to manage high school interscholastic athletics.
702 KAR 7:130 & E. Approval of innovative alternate school calendars.
Office of Instruction
704 KAR 3:340. Commonwealth Diploma Program.
Department for Workforce Investment: Unemployment Insurance
787 KAR 1:110. Appeals.
PUBLIC PROTECTION CABINET: Department of Insurance: Assets and Liabilities
806 KAR 6:130. Minimum standards for determining reserve liabilities and nonforfeiture values for preneed insurance.
Health Insurance Contracts
806 KAR 17:540 & E. ICARE Program high-cost conditions.
806 KAR 17:545 & E. ICARE Program employer eligibility, application process, and requirements.
806 KAR 17:555 & E. ICARE Program requirements.
Horse Racing Commission: Thoroughbred Racing
810 KAR 1:012. Horses.
810 KAR 1:015. Claiming races.
810 KAR 1:025. Licensing thoroughbred racing.
Harness Racing811 KAR 1:070. Licensing standardbred racing.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of the Secretary: E-Health900 KAR 7:020. Kentucky e-Health Corporation.
Department for Medicaid Services: Medicaid Services
907 KAR 1:015. Payments for outpatient hospital services.
The Subcommittee adjourned at 1:00 p.m. until November 12, 2008.