Call to Order and Roll Call
The March meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, March 8, 2011, at 10:00 AM, in Room 154 of the Capitol Annex. Representative Johnny Bell, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Joe Bowen, Co-Chair; Representative Johnny Bell, Co-Chair; Senators David Givens, Alice Forgy Kerr, and Joey Pendleton.
Guests: Amy Andrews, Amy Barker, Van Ingram, Heather Wainscott, Office of Drug Control Policy; Robert Brown, Alicia Sneed, Education Professional Standards Board; Beau Barnes, Kentucky Teachers' Retirement System; Michael Burleson, Board of Pharmacy; Brian Bishop, Board of Dentistry; Nathan Goldman, Board of Nursing; Larry Disney, Jim Grawe; Kentucky Real Estate Appraisers Board; Mark Cramer, Margaret Everson, Mark Mangeot, Karen Waldrop, Department of Fish and Wildlife; John Cummings, Verman Winburn, Parole Board; Mark Guilfoil, Greg Lamb, Timothy West, Kentucky Horse Racing Commission; Carrie Banahan, Mary Begley, Allen J. Brenzel, Virginia Carrington, Elizabeth Caywood, Stephanie Brammer-Barnes, Bob Nowell, Stuart Owen, Cabinet for Health and Family Services; Bill Doll, Kentucky Medical Association; Michelle Sanborn and Caitlin Mudd, Brooklawn Child and Family Services.
LRC Staff: Dave Nicholas, Emily Caudill, Donna Little, Sarah Amburgey, Emily Harkenrider, Karen Howard, and Laura Napier.
The Administrative Regulation Review Subcommittee met on Tuesday, March 8, 2011, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
JUSTICE AND PUBLIC SAFETY CABINET: Office of Drug Control Policy: Kentucky Agency for Substance Abuse Policy
10 KAR 7:011. Repeal of 10 KAR 7:010, 10 KAR 7:020. Amy Barker, assistant general counsel, and Van Ingram, executive director, represented the agency.
EDUCATION PROFESSIONAL STANDARDS BOARD: Educator Preparation
16 KAR 5:010. Standards for accreditation of educator preparation units and approval of programs. Robert Brown, director, Division of Professional Learning and Assessment, and Alicia A. Sneed, director, Division of Legal Services, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph and Section 26 to correct a statutory citation; and (2) to amend the TITLE; the NECESSITY, FUNCTION, AND CONFORMITY paragraph; and Sections 12, 13, 17, 20, 21, 22, 23, and 27 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Assessment
16 KAR 6:010. Examination prerequisites for teacher certification.
A motion was made and seconded to approve the following amendments: to amend Sections 2 and 3 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
FINANCE AND ADMINISTRATION CABINET: Kentucky Teachers' Retirement System: General Rules
102 KAR 1:175. Investment policies. Beau Barnes, deputy executive secretary of operations and general counsel, represented the system.
In response to questions by Senator Givens, Mr. Barnes stated that the allowable percentage of investment in foreign stock trust funds was being raised from fifteen (15) to thirty (30) percent, the allowable percentage of investment in other investment categories was being raised from ten (10) to fifteen (15) percent, and investment parameters for bonds were being lowered from the top two (2) average ratings to the top four (4) average ratings. Lowering the bond rating requirements added flexibility to the bond portfolio and allowed for investment in more corporate, rather than primarily government, bonds. The changes were initiated by Kentucky, not by federal revisions, to address recent market changes.
In response to questions by Co-Chair Bowen, Mr. Barnes stated that internal and external finance managers recommended the amendments. Stakeholders had not expressed opposition to the changes, and the changes were commensurate with those of other pension programs this size in other states.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE; the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs; and Sections 1 through 4 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend Section 4 to provide criteria for board approval for investing in bullion, stamps, rare coins, or collectibles. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT CABINET: Board of Pharmacy: Board
201 KAR 2:015. Continuing education. Michael Burleson, executive director, represented the board.
A motion was made and seconded to approve the following amendments: to amend Sections 4 and 5 to correct minor drafting errors. Without objection, and with agreement of the agency, the amendments were approved.
Board of Dentistry: Board
201 KAR 8:571. Registration of dental assistants. Brian Bishop, executive director, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to make formatting changes; (2) to amend the STATUTORY AUTHORITY paragraph to insert a statutory citation; and (3) to amend Sections 2 through 6 and 13 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 8:581. Charity dental practices.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct statutory citations; and (2) to amend Sections 2 through 5 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Nursing: Board
201 KAR 20:056. Advanced practice registered nurse licensure, program requirements, recognition of a national certifying organization. Nathan Goldman, general counsel, represented the board.
Kentucky Real Estate Appraisers Board: Board
201 KAR 30:050. Examination and experience requirement. Larry Disney, executive director, and James J. Grawe, assistant attorney general, represented the board.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 5 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 30:070. Grievances.
201 KAR 30:125. Continuing education for appraisers.
201 KAR 30:150. Education provider approval.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 2 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 30:190. Educational requirements for certification.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Game
301 KAR 2:132. Elk depredation permits, landowner cooperator permits, and quota hunts. Margaret Everson, assistant attorney general; Mark Mangeot, legislative liaison; and Karen Waldrip, wildlife division director, represented the department.
JUSTICE AND PUBLIC SAFETY CABINET: Office of Drug Policy: Office
500 KAR 20:010. Kentucky Agency for Substance Abuse Policy (KY-ASAP) start-up funding for local boards. Amy Barker, assistant general counsel, and Van Ingram, executive director, represented the office.
500 KAR 20:020. Kentucky agency for substance abuse policy on-going funding for local bands and reporting requirements.
Parole Board: Board
501 KAR 1:070 & E. Conducting sex offender conditional discharge revocation hearings. John Cummings, staff attorney, and Verman Winburn, chairman, represented the board.
In response to questions by Co-Chair Bell, Mr. Cummings stated that a violation of terms of post-incarceration supervision subjected the violator to the possibility of being re-incarcerated. Because sex offender sentences tended to be shorter prison sentences, this administrative regulation insured treatment after re-entry into society.
In response to a question by Co-Chair Bowen, Mr. Winburn stated that most treatment facilities were in metropolitan areas, and it potentially could be a burden to arrange transportation to the treatment facility. Mr. Cummings stated that the Department of Corrections oversaw the location of the various programs.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE; the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs; and Sections 1 and 2 to: (a) conform to HB 463 from this session of the General Assembly; (b) clarify board procedures for preliminary revocation hearings, warrants, and final revocation hearings; and (c) include provisions on reconsideration and modification of revocation decisions; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Sections 1 and 2 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
PUBLIC PROTECTION CABINET: Kentucky Horse Racing Commission: Thoroughbred Racing
810 KAR 1:012. Horses. Greg Lamb, supervisor of pari-mutuel wagering, and Tim West, assistant general counsel, represented the commission.
A motion was made and seconded to approve the following amendments: (1) to amend Section 14 to incorporate by reference the standard governing microchips used for horse identification; and (2) to amend Sections 2, 6, 11, 13, and 14 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
810 KAR 1:027. Entries, subscriptions, and declarations.
A motion was made and seconded to approve the following amendments: to amend the STATUTORY AUTHORITY paragraph and Sections 3, 5, 7, and 11 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
810 KAR 1:140. Calculation of payouts and distribution of pools.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO paragraph and Sections 1 through 17 to comply with the drafting and formatting 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 & E. State health plan for facilities and services. Carrie Banahan, executive director, represented the office.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 and 2 to correct the title and edition date of the material incorporated by reference; and (2) to amend the material incorporated by reference to: (a) correct typographical errors; and (b) comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Certificate of Need
900 KAR 6:060 & E. Timetable for submission of Certificate of Need applications.
900 KAR 6:125. Certificate of Need annual surveys, and registration requirements for new Magnetic Resonance Imaging units.
A motion was made and seconded to approve the following amendments: to amend Sections 1 through 4, 6 through 8, and 11 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Office of Inspector General: Division of Health Care: Health Services and Facilities
902 KAR 20:320 & E. Level I and Level II psychiatric residential treatment facility operation and services. Mary Begley, inspector general, and Allen J. Brenzel, M.D., medical director, Department for Behavioral Health, Development and Intellectual Disabilities, represented the division. Caitlin Mudd, staff, Brooklawn Child and Family Services, and Michelle Sanborn, interim president, Children's Alliance, appeared in support of these administrative regulations.
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 26 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 20:330 & E. Psychiatric residential treatment facilities.
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 2 through 6, 9, 13, 14, 15, 17, and 18 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department for Medicaid Services: Division of Information Systems: Electronic Health Record Incentive Payments
907 KAR 6:005 & E. Electronic health record incentive payments. Bob Nowell, director, information services, and Stuart Owen, regulation coordinator, represented the division.
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; (3) to amend Sections 1 through 5, 7, 8, 12, 13, 14, and 16 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (4) to amend Section 13 to specify the timelines for holding a dispute resolution meeting. Without objection, and with agreement of the agency, the amendments were approved.
Department for Community Based Services: Division of Family Support: Food Stamp Program
921 KAR 3:035. Certification process. Virginia Carrington, branch manager, and Elizabeth Caywood, policy analyst, represented the program.
A motion was made and seconded to approve the following amendments: (1) to amend Section 8 to update a form; and (2) to amend the SNAP 6-Month Review form, FS-2: (a) for clarity; and (b) to make the form compatible with the eligibility data system. Without objection, and with agreement of the agency, the amendments were approved.
The following administrative regulations were deferred to the April 12, 2011, meeting of the Subcommittee:
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Office of Sales and Excise Taxes: Forms
103 KAR 3:050. Miscellaneous taxes forms manual.
Office of Income Taxation: Income Tax; General Administration
103 KAR 15:190. Endow Kentucky Tax Credit.
PUBLIC PROTECTION CABINET: Kentucky Horse Racing Commission: Thoroughbred Racing
810 KAR 1:001. Definitions.
810 KAR 1:011. Pari-mutuel wagering.
810 KAR 1:120. Exotic wagering.
Harness Racing
811 KAR 1:005. Definitions.
811 KAR 1:125. Pari-mutuel wagering.
811 KAR 1:250. Exotic wagering.
Quarter Horse, Appaloosa and Arabian Racing
811 KAR 2:010. Definitions.
811 KAR 2:060. Pari-mutuel wagering.
811 KAR 2:160. Exotic wagering.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Inspector General: Division of Public Health Protection and Safety: Radiology
902 KAR 100:010. Definitions for 902 KAR Chapter 100.
902 KAR 100:021. Disposal of radioactive material.
902 KAR 100:058. Specific licenses to manufacture, assemble, repair, or distribute products.
902 KAR 100:070. Transportation of radioactive material.
902 KAR 100:072. Use of radionuclides in the health arts.
902 KAR 100:165. Notices, reports and instructions to employees.
Department for Community Based Services: Division of Protection and Permanency: Child Welfare
922 KAR 1:420 & E. Child fatality or near fatality investigations.
The Subcommittee adjourned at 10:50 a.m. until April 12, 2011.