Call to Order and Roll Call
The June meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, June 14, 2011, at 1:00 PM, in Room 149 of the Capitol Annex. Senator Joe Bowen, 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; Representatives Danny Ford, and Jimmie Lee.
Guests: Alicia Sneed, Educational Professional Standards Board; Mark Sipek, Personnel Board; Doug Dowell, Laura Ferguson, Jeff Mosley, Department of Revenue; Brian Bishop, Board of Dentistry; Margaret Everson, Mark Mangeot, Karen Waldrop, Kentucky Department of Fish and Wildlife; Sandy Gruzesky, Abigail Powell, Bruce Scott, Department for Environmental Protection; Miranda Denny, Joslyn Olinger Glover; Department of Juvenile Justice; Marc A. Guilfoil, Tim West, Kentucky Horse Racing Commission; Dawn Bellis, Tim House, Department of Housing, Buildings and Construction; Chandra Venettozzi, Stuart Owen, Cabinet for Health and Family Services; and Randall K. Wells, Daymar College.
LRC Staff: Dave Nicholas, Emily Caudill, Donna Little, Sarah Amburgey, Emily Harkenrider, Karen Howard, and Betsy Cupp.
The Administrative Regulation Review Subcommittee met on Tuesday, June 14, 2011, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
EDUCATION PROFESSIONAL STANDARDS BOARD: Assessment
16 KAR 6:030. Examination prerequisites for principal certification. Alicia A. Sneed, director of legal services, represented the board.
In response to questions by Co-Chair Bowen, Ms. Sneed stated that a passing score minimum requirement would be determined after data was collected based on a defined framework. A percentile would be determined to be passing after the standard setting committee considered all aspects of scoring to ensure diversity and proficiency.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 2 and 5 to comply with the drafting requirements of KRS Chapter 13A; and (2) to amend Section 9 to delete provisions that summarized KRS 161.030(4), as required by KRS 13A.120(2)(e) and (f). Without objection, and with agreement of the agency, the amendments were approved.
PERSONNEL BOARD: Board
101 KAR 1:325. Probationary periods. Mark Sipek, executive director, represented the board.
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Office of Income Taxation: Income Tax; General Administration
103 KAR 15:195 & E. Endow Kentucky Tax Credit. Doug Dowell, attorney manager; Laura Ferguson, attorney manager; and Jeff Mosley, general counsel, represented the office.
In response to a question by Co-Chair Bowen, Ms. Ferguson stated that Kentucky had established a nonrefundable tax credit for an endowment or donation to a qualified community program. The department gave preliminary approval prior to the endowment for the tax credit, which was limited to $10,000 or less. The taxpayer then had thirty (30) days to make the endowment gift, and ten (10) additional days to certify that the donation had been made before the credit was appropriated.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 6, 7, and 8 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT CABINET: Board of Dentistry: Board
201 KAR 8:550 & E. Anesthesia and sedation. Brian Bishop, executive director, represented the board.
Co-Chair Bowen stated that this administrative regulation had been thoroughly vetted and he appreciated the board's communications.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Game
301 KAR 2:300. Black bears. Margaret Everson, general counsel; Mark Mangeot, legislative liaison; and Dr. Karen Waldrop, wildlife director, represented the department.
A motion was made and seconded to approve the following amendment: to amend Section 9(2) to correct a cross-reference. Without objection, and with agreement of the agency, the amendment was approved.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Water: Water Quality Standards
401 KAR 10:030. Antidegradation policy implementation methodology. Sandy Gruzesky, director, and Bruce Scott, commissioner, represented the division.
Co-Chair Bowen thanked the division for working with stakeholders to develop amendments to this administrative regulation.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Juvenile Justice: Division of Community and Mental Health Services: Child Welfare
505 KAR 1:130. Department of Juvenile Justice policies and procedures; juvenile services in community. Miranda Denney, division director, and Joslyn Olinger Glover, attorney, represented the division.
A motion was made and seconded to approve the following amendments: to amend Section 1 and the material incorporated by reference to update citations, for clarity, and to make technical corrections. Without objection, and with agreement of the agency, the amendments were approved.
PUBLIC PROTECTION CABINET: Kentucky Horse Racing Commission: Quarter Horse, Appaloosa, and Arabian Racing
811 KAR 2:190. Kentucky Quarter Horse, Appaloosa, and Arabian Development. Marc Guilfoil, deputy executive director, and Tim West, assistant general counsel, represented the commission.
A motion was made and seconded to approve the following amendments: (1) to amend Section 8 to clarify the distribution procedures; and (2) to amend the TITLE, the RELATES TO paragraph, and Sections 1 through 5, 7, and 12 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 of Housing, Buildings and Construction: Division of Plumbing: Plumbing
815 KAR 20:030. License application; qualifications for examination, examination requirements, expiration, renewal, revival or reinstatement of license. Dawn Bellis, general counsel, and Tim House, director, Division of Plumbing, represented the division. Randall K. Wells, chief academic officer, Daymar College, appeared in support of this administrative regulation.
Mr. Wells thanked the division for working to amend this administrative regulation for the benefit of plumbing students.
A motion was made and seconded to approve the following amendment: to amend Section 5 to establish the list of courses approved for substitution of one (1) year of plumbing experience. Without objection, and with agreement of the agency, the amendment was approved.
815 KAR 20:070. Plumbing fixtures.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: Certificate of Need
900 KAR 6:030. Certificate of need expenditure minimums. Chandra Venettozzi, health data administrator, represented the office.
In response to questions by Representative Ford, Ms. Venettozzi stated that Kentucky was required by statute to administer the certificate of need process. About thirty-five (35) states have mandated a certificate of need process. The office would follow up with information regarding the experiences of states that had repealed their certificate of need requirements.
In response to a question by Senator Givens, Ms. Venettozzi stated that the office was required by statute to amend this administrative regulation annually. Due to staff changes, this update was not made on a timely basis last year. The decrease in the expenditure minimum would affect purchases of major medical equipment, such as MRI equipment, and capital expenditures.
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 and 2 to comply with the requirement in KRS 216B.130 that the expenditure minimums be updated to reflect changes in the prior twelve (12) month period, rather than twenty-four (24) month period, including to: (a) show that the minimums went from a 3.58 percent decrease to a 2.79 percent decrease; and (b) establish the minimums at $2,669,775, rather than $2,648,079. Without objection, and with agreement of the agency, the amendments were approved.
Data Reporting and Public Use Data Sets
900 KAR 7:030. Data reporting by health care providers.
In response to questions by Senator Givens, Ms. Vennettozzi stated that the office previously allowed records to indicate a race or "other" without limitations. In an effort to protect data integrity, the office previously changed that acceptable error rate from 100 percent to one (1) percent, but has since found the one (1) percent rate to be too restrictive. This amendment increases the acceptable error rate to three (3) percent.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 3, 4, 7, 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.
Department for Medicaid Services: Division of Provider Operations: Medicaid Services
907 KAR 1:715. School-based health services. Stuart Owen, regulation coordinator, represented the department.
In response to questions by Senator Givens, Mr. Owen stated that school-based health services were federally mandated and outside the jurisdiction of managed care. School-based health services should not be at risk of being stopped. The division would follow up with more investigation regarding the effect of change to managed care on the school-based health services program.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to insert a definition of “federal financial participation”; (2) to amend Sections 1, 2, and 4 to comply with the drafting requirements of KRS Chapter 13A; and (3) to create a new Section 7 to establish provisions regarding federal financial participation. Without objection, and with agreement of the agency, the amendments were approved.
Other Business: Co-Chair Bowen introduced and welcomed businessman, Terry Woodward. Staff introduced and welcomed new staff member, Betsy Cupp.
The following administrative regulations were deferred to the July 12, 2011, meeting of the Subcommittee:
PERSONNEL CABINET: Personnel Cabinet, Classified
101 KAR 2:095 & E. Classified service administrative regulations.
101 KAR 2:102 & E. Classified leave administrative regulations.
Personnel Cabinet, Unclassified
101 KAR 3:015 & E. Leave administrative regulations for the unclassified services.
GENERAL GOVERNMENT CABINET: Board of Interpreters for the Deaf and Hard of Hearing: Board
201 KAR 39:010. Definitions.
201 KAR 39:030. Application; qualifications for licensure; and certification levels.
201 KAR 39:040. Fees.
201 KAR 39:050. Renewal of licenses and extension of temporary licenses.
201 KAR 39:060. Reinstatement of license subject to disciplinary action.
201 KAR 39:070. Application and qualifications for temporary licensure.
201 KAR 39:080. Reciprocity.
201 KAR 39:090. Continuing education requirements.
201 KAR 39:100. Complaint procedure.
201 KAR 39:120. Code of ethics.
CABINET FOR HEALTH AND FAMILY SERVICES: 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 1:35 p.m. until July 12, 2011.