The May meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, May 12, 2009, at 1:00 PM, in Room 149 of the Capitol Annex. Senator Elizabeth Tori, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Elizabeth Tori, Co-Chair; Senators David Givens, Alice Forgy Kerr, and Joey Pendleton; and Representatives Robert R. Damron, Danny Ford, and Jimmie Lee.
Guests: Senator Katie Kratz Stine, Alicia A. Sneed, Dr. Marilyn Troupe, Education Professional Standards Board; Hiren Desai, DeVon Hankins, Tom Howard, Steven Jones, Brad Nilsson, Travis Powell, Finance and Administration Cabinet; Tony Barrett, Billy Van Pelt, Horst Schach, Board of Landscape Architects; Nathan Goldman, Board of Nursing; Karen Alexy, Margaret Everson, Catherine York, Kentucky Department of Fish and Wildlife Resources; Chris Ewing, Patrick Garrity, Pete Goodmann, Franklin Hall Jr., Time Hubbard, Aaron Keatley, Kim Leingang, Kelli Reynolds, Abby Powell, Bruce Scott; Environmental Public Protection Services; Caleb Asbridge, Karen King Jones, Joslyn Olinger, Department of Juvenile Justice; Kevin Brown, John LeFevre, Piper Lewis, Kentucky Department of Education; Brigid DeVries, Julian Tackett; Kentucky High School Athletics Association; Jill Mitchell, Melea Rivera, Department of Insurance; Jamie Eads, John Forgy, Kentucky Horse Racing Commission; Michael Bennett, Dan Chapman, Department of Housing, Buildings, and Construction; Carrie Banahan, Marchetta Carmicle, Stuart Owen, Cabinet for Health and Family Services.
LRC Staff: Dave Nicholas, Donna Little, Sarah Amburgey, Emily Harkenrider, Emily Caudill, and Laura Napier.
The Administrative Regulation Review Subcommittee met on Tuesday, May 12, 2009, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
EDUCATION PROFESSIONAL STANDARDS BOARD: Educator Preparation
16 KAR 5:010. Standards for accreditation of educator preparation units and approval of programs. Alicia A. Sneed, director of legal services, and Dr. Marilyn Troupe, director of education preparation, represented the board.
A motion was made and seconded to approve the following amendments: to amend Sections 2, 3, 12, 17, and 19 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: Office of the Secretary: Purchasing
200 KAR 5:380. Protests. Hiren Desai, deputy general counsel, and Brad Nilsson, staff attorney, represented the office.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to add the link to the eProcurement Web site; (2) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Section 3 to correct citations; (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; and (4) 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.
State Investment Commission: Commission
200 KAR 14:011 & E. Qualified investments. Tom Howard, executive director; Steven Jones, analyst; and Travis Powell, staff attorney, represented the commission.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 5 and 9 to make technical corrections; and (2) to amend Section 6 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT CABINET: Board of Examiners and Registration of Landscape Architects: Board
201 KAR 10:050. Fees. Tony Barrett, secretary; Horst Schach, trustee; and Billy Van Pelt, president, represented the board.
In response to a question by Representative Lee, Mr. Schach stated that the only licensees affected were those going into inactive status and new applicants for licensure.
Board of Nursing: Board
201 KAR 20:225. Reinstatement of license. Nathan Goldman, general counsel, represented the board.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 20:270. Programs of nursing site visits.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to delete unused definitions; (2) to amend Section 2 to clarify that the board may accept national accreditation in lieu of a site visit; (3) to amend Sections 2 and 3 to specify citations; and (4) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and 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 20:290. Standards for prelicensure registered nurse and practical nurse secondary or distance learning sites.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 5 and 6 to specify citations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 6 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Game
301 KAR 2:111. Deer and turkey hunting on special areas. Karen Alexy, wildlife division director, and Margaret Everson, assistant attorney general, represented the department.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 5, 7, and 8 to make technical corrections. Without objection, and with agreement of the agency, the amendments were approved.
301 KAR 2:172. Deer hunting seasons, zones, and requirements.
Representative Damron stated his continuing concern regarding the constitutionality of prohibiting hunters without a CCDW permit from carrying a firearm afield during archery season.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct statutory citations; (2) to amend 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 5, 7, 10, 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.
301 KAR 2:178. Deer hunting on wildlife management areas and state parks.
A motion was made and seconded to approve the following amendments: to amend Sections 1 through 3 and 5 through 8 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 for Environmental Protection: Division of Water: Public Water Supply
401 KAR 8:040. Laboratory certification. Peter Goodmann, acting executive director of the Division of Water; Franklin C. Hall, Jr., supervisor; Aaron Keatley, executive director of the Division of Compliance Assistance; and Bruce Scott, commissioner, 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 citations; and (2) to amend Sections 2 and 4 through 8 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 8:050. Drinking water program fees.
In response to comments by Representative Ford, Mr. Goodmann stated that the certification fees, which were last raised in 1994, would be doubled. He stated that the public water systems would primarily be impacted by the fee increase, which indirectly added approximately two (2) dollars per sample to analyses costs. Mr. Goodmann further stated that the number of samples required for a public water system depended on the size of the system and that the testing was important for compliance with the Safe Drinking Water Act.
Mr. Scott stated that the price for sample analysis would go, for example, from $250 to $252 as a result of the indirect impact the certification fees would have on the overall cost of laboratory analysis.
In response to questions by Representative Damron, Mr. Scott stated that raising the fee would double the revenue in order the pay the salaries of those who work for the Division of Water to ensure the safety of the public water supply. He stated that the funds would be dedicated revenue but still would not cover all of the costs because the department’s budget had been cut by twenty (20) percent.
In response to a question by Senator Kerr, Mr. Hall stated that proper certification helped to ensure quality laboratory results in order to protect the public water supply.
Water Quality Standards
401 KAR 10:026. Designation of uses of surface waters. Peter Goodmann, acting executive director; Franklin C. Hall, Jr., supervisor; and Bruce Scott, commissioner, represented the department.
In response to a question by Senator Pendleton, Mr. Goodmann stated that the Division of Water had begun in April to test the Little River in Christian County for biological contaminants and that bacteriological samples would be collected locally from May through October. Mr. Scott stated that, if the sample analyses indicated that the Little River was “clean”, the issues would be resolved but, if the sample analyses indicated impairment, the division would begin TMDL (Total Maximum Daily Load) implementation, which would not affect the BMPs (Best Management Practices) of local farmers. Mr. Goodmann added that the samples would be collected by staff of the DEP’s Madisonville Regional Office and that two (2) different laboratories would be utilized to ensure the accuracy of the results.
In response to questions by Representative Damron, Mr. Hall stated that reservoirs and lakes were also tested. Mr. Goodmann stated that expanding a reservoir didn’t necessarily impact water quality and that, in order to expand a reservoir, the facility would first have to acquire a 404 permit from the federal Army Corps of Engineers. Then, other state permits would be required. Mr. Scott stated that it was rare to get approval for expansion in Kentucky from the Army Corps of Engineers.
A motion was made and seconded to approve the following amendments: to amend river mile location technical data for various waterways in Table C. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 10:029. General provisions.
In response to a question by Senator Kerr, Mr. Scott stated that the specific velocity requirement for a multiport outfall structure was being deleted because of comments received during the public comment period.
A motion was made and seconded to approve the following amendment: to amend Section 4 to delete the specific velocity requirement for a multiport outfall structure. Without objection, and with agreement of the agency, the amendment was approved.
401 KAR 10:031. Surface water standards.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 2, 6, and 8 to make technical corrections; and (2) to amend Section 4 to delete the specific dissolved oxygen standard for Outstanding State Resource Waters. Without objection, and with agreement of the agency, the amendments were approved.
Division of Waste Management: Methamphetamines
401 KAR 101:001. Definitions for 401 KAR Chapter 101. Tim Hubbard, assistant director; Kim Leingang, program coordinator; and Bruce Scott, commissioner, represented the department.
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; 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 101:010. Contractor certification.
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 Sections 1 through 3 and 7 to comply with the drafting and format requirements of KRS Chapter 13A; (3) to revise the SUMMARY OF MATERIAL INCORPORATED BY REFERENCE; and (4) to revise the Certified Contractor Application and the Kentucky Cleanup Guidance for Methamphetamine Contaminated Properties to make technical changes. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 101:020. Financial 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 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 through 13 to: (a) comply with KRS Chapter 13A; (b) make technical corrections; and (c) correct cross-reference citations. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 101:030. Tiered response system.
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 Sections 1 through 7 to comply with the drafting and format requirements of KRS Chapter 13A; (3) to revise the SUMMARY OF MATERIAL INCORPORATED BY REFERENCE; and (4) to revise the incorporated Clandestine Drug Lab Preliminary Assessment Tier Selection Criteria to make technical changes. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 101:040. Cleanup and sampling 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 correct citations; (2) to amend Sections 1 through 10 and 12 to comply with the drafting and format requirements of KRS Chapter 13A; (3) to revise the SUMMARY OF MATERIAL INCORPORATED BY REFERENCE; and (4) to revise two (2) forms incorporated by reference to make technical changes. Without objection, and with agreement of the agency, the amendments were approved.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Juvenile Justice: Division of Placement Services: Child Welfare
505 KAR 1:100 & E. Department of Juvenile Justice Policies and Procedures: admissions. Caleb Asbridge, assistant director of program services, and Karen King Jones, branch manager, represented the department.
A motion was made and seconded to approve the following amendments: to amend Section 1(1)(b) and the Classification and Placement Manual to clarify: (1) the factors for placement in a Level III Youth Development Center; and (2) the procedures for an administrative transfer request for a youth in an out-of-home placement. Without objection, and with agreement of the agency, the amendments were approved.
EDUCATION CABINET: Kentucky Board of Education: Department of Education: School Administration and Finance
702 KAR 3:090. Depository bond, penal sum. Kevin C. Brown, general counsel; John LeFevre, financial analyst; and Piper Lewis, branch manager, represented the department.
In response to a question by Representative Damron, Ms. Lewis stated that the bankers and school board had agreed with the amendments and that the changes should facilitate the process for small banking institutions. Mr. LeFevre stated that the institutions had the option to buy surety bonds but were not required to do so.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and 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.
PUBLIC PROTECTION CABINET: Department of Insurance: Health Insurance Contracts
806 KAR 17:480. Uniform evaluation and reevaluation of providers. Jill Mitchell, branch manager, and Melea Rivera, health policy specialist, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to define the term “Applicant” and to include a more specific definition of “Reevaluation” or “recredentialing”; (2) to amend Section 2 to replace the term “health care provider” with the term “applicant”; (3) to amend the “Kentucky Application for Provider Evaluation and Reevaluation” form to replace questions that had been removed due to a comment that was later retracted by the commentator, along with a request to replace the original questions; and (4) to amend the RELATES TO paragraph and Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Kentucky Horse Racing Commission: Quarter Horse, Appaloosa and Arabian Racing
811 KAR 2:120 & E. Kentucky Horse Breeders' Incentive fund. Jamie Eads, director of the Division of Breeder Incentives, and John Forgy, general counsel, represented the commission.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to include a citation or citations; and (2) to amend Sections 1 through 3 and 6 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department of Housing, Buildings, and Construction: Division of Building Code Enforcement: Manufactured Homes and Recreational Vehicles
815 KAR 25:060. Licensing of manufactured and home retailers. Michael D. Bennett, staff attorney, and Dan Chapman, supervisor, represented the division.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct a statutory citation; and (2) 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.
CABINET FOR HEALTH AND FAMILYH SERVICES: Department for Medicaid Services: Division of Community Alternatives: Medicaid Services
907 KAR 1:585. Estate recovery. Stuart Owen, regulation coordinator, represented the department.
In response to questions by Representative Ford, Mr. Owen stated that the amount of Medicaid benefit is reduced by the amount of long-term care insurance, if applicable. He stated that the Medicaid cost is reduced by payments from long-term care insurers.
Representative Lee stated that this was a good amendment because the changes avoided costs and allowed protection for a portion of estates.
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 2, 3, and 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:645. Resource standards for Medicaid.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph and Section 4 to correct statutory citations; and (2) to amend Sections 2, 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.
907 KAR 1:650. Trust and transferred resource requirements for Medicaid.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; and (2) to amend Sections 2, 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.
907 KAR 1:655. Spousal impoverishment and nursing facility requirements for Medicaid.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; and (2) to amend Sections 1, 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.
Payment and Services
907 KAR 3:170. Telehealth services and reimbursement.
Representative Lee stated that the telehealth program was good because it reduced travel and provided opportunities to avoid the cost of bad diagnoses made by nonspecialists.
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 NECESSITY, FUNCTION, AND CONFORMITY paragraph to correct a typographical error; (3) to amend Section 1 to add a definition of “diabetes self-management education”, “dietitian”, “optometrist”, and “physician assistant”; (4) to amend Sections 1 and 2 to: (a) include optometrists in the list of approved healthcare providers; and (b) provide that the department shall reimburse for optometric telehealth consultations not provided in a community mental health center if the consultation has a specified evaluation and management code; (5) to amend Section 2 to specify when patient diabetes self-management education will be covered; and (6) to amend Sections 1 to 4 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.
The following administrative regulations were deferred to the June 9, 2009, meeting of the Subcommittee:
KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY: Division of Student and Administrative Services: Authority
11 KAR 4:080. Student aid applications.
Grant Programs
11 KAR 5:200. Go Higher Grant Program.
Robert C. Byrd Honors Scholarship Program
11 KAR 18:010. Robert C. Byrd Honors Scholarship Program.
PERSONNEL CABINET: Classified
101 KAR 2:066 & E. Certification and selection of eligibles for appointment.
GENERAL GOVERNMENT CABINET: Board of Veterinary Examiners: Board
201 KAR 16:015. Fees.
Board of Licensure for Marriage and Family Therapists: Board
201 KAR 32:025. Marriage and family therapists associate.
201 KAR 32:030. Fees.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Water: Water Quality Standards
401 KAR 10:030. Antidegradation policy implementation methodology.
EDUCATION CABINET: Kentucky Board of Education: Department of Education: Facilities Management
702 KAR 4:160. Capital Construction process.
Food Service Programs
702 KAR 6:010. Local responsibilities.
702 KAR 6:020. District school nutrition director.
702 KAR 6:031. Repeal of 702 KAR 6:030.
702 KAR 6:040. Personnel; policies and procedures.
702 KAR 6:045. Personnel; school nutrition employee qualifications.
702 KAR 6:075. Reports and funds.
702 KAR 6:090. Minimum nutritional standards for foods and beverages available on public school campuses during the school day; required nutrition and physical activity reports.
School Terms, Attendance and Operation
702 KAR 7:065. Designation of agent to manage high school interscholastic athletics. Kevin C. Brown, general counsel; Brigid DeVries, commissioner; and Julian Tackett, assistant commissioner, represented the Kentucky High School Athletic Association.
In response to questions by Senator Pendleton, Mr. Brown stated that a temporary injunction would usually allow, but not require, a student athlete to compete in athletic activities. Ms. DeVries stated that the Kentucky High School Athletics Association (KHSAA) would comply with a court order unless a court of appeals found a problem with the court order resulting in an injunction, in which case, the rules of the KHSAA would override the court's injunction. Mr. Tackett stated that 177 high schools out of 280 voted to retain this policy at the previous association meeting. He stated that teams that had been defeated by teams that had played an ineligible student were not permitted an opportunity to replay those lost games.
In response to a question by Co-Chair Tori, Ms. DeVries stated that it was rare that a decision is appealed and results in a KHSAA override.
Representative Damron stated that the provision to override a court determination was not in compliance with the Kentucky Constitution, Sections 27 and 28, and that the KHSAA should defer this administrative regulation until this matter is appropriately addressed. He stated that, upon his swearing in, he swore to uphold the Kentucky Constitution and that, to not vote against this provision, would constitute a failure to adhere to that oath.
In response to questions by Representative Damron, Mr. Brown stated that the decision as to whether or not a student shall play has always rested with the individual coach, regardless of a decision by a court. He stated that the association agreed to defer the matter until June in order to bring the issue before the Board of Control.
In response to questions by Senator Kerr, Ms. DeVries stated that training had begun regarding sports safety issues and that the Kentucky Medical Association (KMA) had agreed to assist. Mr. Tackett stated that the KMA had agreed to assist with the training free of cost and that the response from schools has been very positive. He stated that on-line training would be available hosted by KMA doctors and by certified trainers.
Senator Stine stated that the United States is a nation of laws and that no one is above the law. She stated that some past decisions of the KHSAA have been arbitrary and capricious, and she cited the Mitchell case as an example. She further thanked the Subcommittee members for a valiant defense of the Kentucky Constitution.
In response to questions by Senator Givens, Ms. DeVries stated that a judge could fine a school or request that a school forfeit games independent of the KHSAA. Mr. Tackett responded that a judge could impose the same penalties as those typically imposed by the KHSAA.
Representative Lee stated that this provision would establish a dangerous precedent by permitting a state agency to impose a penalty in opposition to a court injunction. He stated that a judge would not issue an injunction without compelling evidence.
Co-Chair Tori stated that it was important that the Subcommittee not lose sight of what was good for Kentucky's young people.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 2 through 4 to comply with the formatting and drafting requirements of KRS Chapter 13A; (2) to add a Section 5 that incorporates by reference: (a) the KHSAA Constitution; (b) the KHSAA Bylaws; (c) the KHSAA Due Process Procedure; (d) the KHSAA Board of Control Policies; (e) the KHSAA Officials Guidebook; and (f) fifty-six (56) forms required for use by the agency; and (3) to amend Bylaw 27 to include requirements necessitated by 2009 HB 383, relative to Sports Safety Training. With agreement of the agency, the amendments were approved. Without objection, and with agreement of the agency, the administrative regulation as amended was deferred to the June meeting of the Subcommittee.
PUBLIC PROTECTION CABINET: Kentucky Horse Racing Commission: Thoroughbred Racing
810 KAR 1:025 & E. Licensing thoroughbred racing.
Harness Racing
811 KAR 1:070 & E. Licensing standardbred racing.
Department of Housing, Buildings, and Construction: Division of Building Code Enforcement: Standards of Safety
815 KAR 10:060. Kentucky standards of safety.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: State Health Plan
900 KAR 5:020. State health plan for facilities and services. Carrie Banahan, executive director, represented the office.
In response to questions by Representative Ford, Ms. Banahan stated that in limited situations, depending upon which Area Development District (ADD) was involved, this revision may make more psychiatric beds available. She stated that the method they have used historically includes a need formula and that the beds were available based on the population of the ADD. She further stated that ADD 9 had 80,000 people, thus 32 psychiatric beds were available in ADD 9. She also stated that the office wished to defer this administrative regulation until the June meeting of the Subcommittee.
Representative Lee commended the cabinet for opting to defer this administrative regulation until discussions regarding its implications of this were complete. Without objection, and with agreement of the agency, the amendments were approved.
Other Business: Senator Kerr made a motion, seconded by Senator Pendleton, to nominate Senator Elizabeth Tori for the position as the Subcommittee Senate Co-Chair. Senator Tori accepted the nomination. A motion was made and seconded to end nominations. Senator Tori was unanimously (by all present) elected as Senate Co-Chair.
Staff introduced and welcomed the newest member of the Subcommittee, Senator David Givens.