The July meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, July 14, 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; Representative Leslie Combs, Co-Chair; Senators David Givens, and Joey Pendleton; Representatives Robert R. Damron, and Jimmie Lee.
Guests: Tom Crawford, David Gordon, DeVon Hankins, Finance and Administration Cabinet; Richard Carroll, Board of Accountancy; Michael Burleson, Kentucky Board of Pharmacy; Nathan Goldman, Board of Nursing; Margaret Everson, Dan Figert, Darin Moore, Catherine York, Department of Fish and Wildlife Resources; Mac Stone, Clint Quarles, Kentucky Department of Agriculture; Carrie Banahan, Julie Brooks, Guy Delius, Kathy Fowler, Paula Goff, Shane O'Donley, Charles Kendall, Stuart Owen, Melanie Randolph, Chandra Venettozzi, Cabinet for Health and Family Services.
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, July 14, 2009, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Forms
103 KAR 3:030 & E. Property and severance. Tom Crawford, policy advisor, and David Gordon, executive director, represented the department.
In response to a question by Co-Chair Tori, Mr. Crawford stated that this amendment updated forms used for property valuation matters.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct statutory citations; and (2) to amend Sections 1 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.
GENERAL GOVERNMENT CABINET: Board of Accountancy: Board
201 KAR 1:065. Individual license renewal and fee. Richard Carroll, executive director, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the Statutory Authority 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; and (3) to amend Sections 1, 2, and 4, and the material incorporated by reference 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 1:100. Continuing professional 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; and (2) to amend Sections 1 through 4, 6, 7, and 9, and the material incorporated by reference 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 Pharmacy: Board
201 KAR 2:045. Technicians. Michael Burleson, executive director, represented the board.
In response to questions by Senator Givens, Mr. Burleson stated that there were two (2) different formats for certification because two (2) different organizations had programs for certification with different requirements. He stated that the board wanted to require nuclear pharmacy certification pursuant to the standards of a national organization but that there wasn't such an organization yet. Subcommittee staff stated that the nuclear pharmacy certification provision pertaining to the national organization was too vague and was not compliant with KRS Chapter 13A drafting requirements.
A motion was made and seconded to approve the following amendment: to amend Section 1(2) to put back the original requirement for nuclear pharmacy training at the University of Tennessee. Without objection, and with agreement of the agency, the amendment was approved.
Board of Nursing: Board
201 KAR 20:056. Advanced registered nurse practitioner registration, program requirements, recognition of a national certifying organization. Nathan Goldman, general counsel, represented the board.
201 KAR 20:057. Scope and standards of practice of practice of advanced registered nurse practitioners.
201 KAR 20:162. Procedures for disciplinary hearings pursuant KRS 314.091.
201 KAR 20:260. Organization and administration standards for prelicensure programs of nursing.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to delete a statutory citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to make a technical correction; (3) to amend Section 2 to establish criteria for approval to: (a) extend the time frame for an interim program administrator; and (b) establish conditions for granting a waiver for the appointment; and (4) to amend Sections 1 through 3 to make technical corrections and 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 2:132. Elk depredation permits, landowner permits, and quota hunts. Darin Moore, administrative director, and Catherine York, counsel, represented the department.
GENERAL GOVERNMENT CABINET: Department of Agriculture: Division of Regulation and Inspection: Purchase of Agricultural Conservation Easement Corporation
302 KAR 100:030. Procedures for determination of agricultural productivity diminishment in subdivision. Clint Quarles, staff attorney, and Mac Stone, executive director, represented the division.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3(1) to clarify that a homeowner’s election to waive subdivision rights for land restricted by an agricultural conservation easement shall be irrevocable, whether the election is made when the land enters into the easement program or it is made later as an amendment to the easement; and (2) to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 and 3 for clarity and 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: State Health Plan
900 KAR 5:020. State health plan for facilities and services. Carrie Banahan, executive director; Shane O'Donley, policy advisor; and Chandra Venettozzi, data administration, represented the office.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 and 2 to change the edition date of the material incorporated by reference; and (2) to amend the material incorporated by reference to: (a) correct typographical errors; and (b) amend the review criteria for megavoltage radiation equipment. Without objection, and with agreement of the agency, the amendments were approved.
E-Health
900 KAR 7:030. Data reporting by health care providers.
A motion was made and seconded to approve the following amendments: (1) to add a new section requiring Medicare provider-based entities to be separately identifiable through a facility-specific NPI; (2) to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct statutory citations; and (3) to amend Sections 1 through 5, 8 through 10, and 14 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Health Provider Surveillance Data
902 KAR 19:021. Repeal of 902 KAR 19:020.
Department for Public Health: Division of Public Health Protection and Safety: Hazardous Substances
902 KAR 47:200. Public health methamphetamine contamination. Guy Delius, director, and Kathy Fowler, assistant director, represented the department.
In response to questions by Representative Lee, Mr. Delius stated that the Kentucky State Police made the initial determination of methamphetamine contamination. After a warning sign has been posted by the department pursuant to the Kentucky State Police's findings, a contractor certified by the Energy and Environment Cabinet would do the decontamination. After the decontamination, the warning sign would be removed by the department if approval was granted by the Energy and Environment Cabinet. Subcommittee staff stated that administrative regulations promulgated by the Energy and Environment Cabinet establishing guidelines for the conditions of the removal of the warning signs were already in effect.
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; (3) to amend Sections 1 through 5 to make technical corrections and to comply with the drafting and format requirements of KRS Chapter 13A; (4) to amend Section 3 to clarify that the sixty (60) day appeal deadline begins as of the postmarked date on the appeal envelope; (5) to amend Section 6 to incorporate two (2) versions of the warning sign, which will allow the division to save money by using up existing copies before printing the new version; and (6) to amend the warning sign to: (a) make technical corrections; (b) correct statutory citations; and (c) provide an edition date on the form. Without objection, and with agreement of the agency, the amendments were approved.
Department for Medicaid Services: Division of Provider Operations: Medicaid Services
907 KAR 1:028 & E. Independent laboratory and radiological service coverage and reimbursement. Stuart Owen, regulation coordinator, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct statutory citations; and (2) to amend Sections 1 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.
907 KAR 1:901E. Repeal of 907 KAR 1:029.
Department for Public Health: Division of Maternal and Child Health: Kentucky Early Intervention System
911 KAR 2:200. Coverage and payment for Kentucky Early Intervention Program services. Julie Brooks, quality assurance administrator, and Charles Kendell, commissioner's office, 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 2 through 6 to make technical corrections and to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
The following administrative regulations were deferred to the August 11, 2009, meeting of the Subcommittee:
GENERAL GOVERNMENT CABINET: Board of Veterinary Examiners: Board
201 KAR 16:015. Fees.
Board of Chiropractic Examiners: Board
201 KAR 21:090 & E. Coursework for two (2) year prechiropractic education.
OFFICE OF THE GOVERNOR: Department of Veterans' Affairs: Kentucky Veterans’ Program Trust Fund
201 KAR 37:010 & E. Kentucky Veterans' Program Trust Fund, administration of fund.
TOURISM, ARTS AND HERITAGE CABINET: Kentucky Horse Park Commission: Kentucky Horse Park
300 KAR 7:010. Golf carts, all-terrain vehicles and horse trailers.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Water: Public Water Supply
401 KAR 8:510. Disinfectant residuals, disinfection by-products, and disinfection by-product precursors.
JUSTICE AND PUBLIC SAFETY CABINET: Office of the Secretary: Special Law Enforcement Officers
500 KAR 2:011. Repeal of 500 KAR 2:010.
500 KAR 2:020. Filing and processing SLEO commissions.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Kentucky Board of Education: Department of Education: 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.
PUBLIC PROTECTION CABINET: Kentucky Horse Racing Commission: Thoroughbred Racing
810 KAR 1:025. Licensing thoroughbred racing.
Harness Racing
811 KAR 1:070. Licensing standardbred racing.
The Subcommittee adjourned at 1:30 p.m. until August 11, 2009.