Call to Order and Roll Call
The September meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, September 13, 2011, at 1:00 PM, in Room 149 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, and Joey Pendleton; Representatives Robert R. Damron, Danny Ford, and Jimmie Lee.
Guests: Glenn Birdwhistell, J.R. Bush, Marilyn Kennedy, Stephen Van Zant, Board of Auctioneers; Connie Calvert, Jerald F. Combs, William Reynolds, Board of Optometric Examiners; C. Lloyd Vest II, Board of Medical Licensure; Nathan Goldman, Board of Nursing; Becky Klusch; Board of Physical Therapy; Ryan Halloman, Denise Logsdon, Board of Licensure for Massage Therapy; Gerard L. Buynak, Benjy Kinman, Mark Mangeot, Department of Fish and Wildlife Resources; Tony Hatton, Lori R. Terry, Bruce Scott, Division of Waste Management; Rodney Ballard, Amy Barker, Jeff Burton, Debra Kays, Department of Corrections; Clay Lamb, Education and Workforce Development Cabinet; Malinda Shepherd, Department of Insurance; Stephanie Bell, Gerald Wuetcher, Public Service Commission; Jamie H. Eads, Greg Lamb, Tim West, Kentucky Horse Racing Commission; Virginia Carrington, Elizabeth Caywood, Eric Friedlander, Kevin Mudd, and Ray Peters, Cabinet for Health and Family Services; Ben Gaddie, Kentucky Optometric Association; Bill Doll, Betsy Johnson, Kentucky Medical Association; Julie Lee, Woodford Van Meter, Academy of Eye Physicians and Surgeons.
LRC Staff: Dave Nicholas, Emily Caudill, Donna Little, Sarah Amburgey, Emily Harkenrider, Karen Howard, Betsy Cupp, and Laura Napier.
The Administrative Regulation Review Subcommittee met on Tuesday, September 13, 2011, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
DEPARTMENT OF STATE: Registry of Election Finance: Reports and Forms
32 KAR 1:050 & E. Political committee registration. Emily Dennis, general counsel, represented the registry.
32 KAR 1:070 & E. Waiver from filing candidate election finance statement.
A motion was made and seconded to approve the following amendment: to make a CONFORMING AMENDMENT to the NECESSITY, FUNCTION, AND CONFORMITY paragraph to correct an inconsistency between the currently effective administrative regulation and the proposed administrative regulation filed by the agency. Without objection, and with agreement of the agency, the amendment was approved.
GENERAL GOVERNMENT CABINET: Board of Auctioneers: Board
201 KAR 3:045. Recordkeeping and accounting. E. Glenn Birdwhistell, chair; J.R. "Randy" Bush, commissioner; and Marilynn Kennedy, executive director, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph and Sections 1, 2, 3, 5, and 7 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to: (a) clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (b) make a CONFORMING AMENDMENT to correct inconsistencies between the currently effective administrative regulation and the proposed administrative regulation filed by the agency. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 3:081. Repeal of 201 KAR 3:015 and 3:080.
201 KAR 3:090. Administrative fees for applications and services.
In response to questions by Representative Damron, Mr. Bush stated that there was a fee increase for a new licensee card or change of address. All licensees had been notified, and there were no complaints regarding the fee increase.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1, 2, 4, 5, and 6 to specify fees for licensure, licensure renewal, grace period renewal, late fee, post-grace period renewal, reactivation, change of address, initial recovery, and renewal recovery; and (2) to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 through 4 and 6 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 Optometric Examiners: Board
201 KAR 5:110. Expanded therapeutic procedures. Dr. Jerald F. Combs, board president, and Dr. William "Bill" Reynolds, board vice president, represented the board. Dr. Ben Gaddie, president, Kentucky Optometric Association, appeared in support of this administrative regulation. Betsy Johnson, attorney representing Kentucky Academy of Eye Physicians and Surgeons; Bill Doll, attorney representing the Kentucky Medical Association; Dr. Julie Lee, Kentucky Academy of Eye Physicians and Surgeons; and Dr. Woodford Van Meter, Kentucky Academy of Eye Physicians and Surgeons, appeared in opposition to this administrative regulation.
Dr. Combs stated that Senate Bill 110 was enacted by the General Assembly in the 2011 Regular Session and the bill specified education, training, and competency standards for certain laser procedures to be performed by optometrists.
Dr. Rush stated that other boards that wished to license new services by licensees did not require new certifications or examinations. This administrative regulation established education, training, and competency standards for certain laser procedures to be performed by optometrists. Optometrists were required to complete specific continuing education and be approved by a board-approved preceptor prior to being allowed to perform each type of laser procedure. Optometrists also had to complete annual continuing education in order to maintain certification to perform laser procedures.
Mr. Doll stated that the Kentucky Medical Association was concerned about the safety of these procedures being performed by optometrists.
Dr. Lee stated that the Kentucky Academy of Eye Physicians and Surgeons supported restarting the administrative regulation drafting process because her organization believed that the administrative regulation task force substantively violated Kentucky Open Meetings Law. June board minutes stated that the board convened to draft an administrative regulation by task force. Governor Beshear's office stated that the governor did not establish this task force or appoint its members. The Kentucky Optometric Association established the task force and appointed the members. The task force failed to give public notice of the administrative regulation discussion, task force creation, or meetings. For three (3) months it was erroneously believed that the task force had been created by the Executive Branch. Dr. Lee stated that she had concerns about how the members were appointed, if there was a balance of appropriately certified academics, and if members had conflicts of interest. She stated that the failures of the administrative regulation process threatened public health.
Dr. Van Meter stated that there were numerous violations that occurred during the drafting of this administrative regulation, including: (1) certification requirements were vague; (2) preceptor standards were inferior to university standards and did not address matters of conflicts of interest between preceptor and optometrist; (3) in the case of nonlaser procedures, the board did not require that procedures be performed on living eye tissue for preceptor approval; (4) cancer diagnosis training was omitted; (5) the board circumvented the peer-review process; and (6) the board did not establish rigorous education requirements for laser procedures. Dr. Van Meter further stated that small community medical doctors will leave Kentucky if optometrists take over laser procedures.
Dr. Ben Gaddie stated support for this administrative regulation and explained that it established stringent requirements to be completed before certain procedures can be performed. Dr. Gaddie chaired the task force, which was made up of medical professionals with technical medical expertise. Other boards that wished to license new services by licensees did not require new certifications or examinations, and this administrative regulation will get care to people in small and rural communities.
In response to a question by Co-Chair Bowen, Dr. Combs respectfully declined to defer consideration of this administrative regulation to the October Subcommittee meeting.
In response to questions by Representative Ford, Co-Chair Bell stated that an alleged violation of the Kentucky Open Meetings Law should be considered by the court system, not by this Subcommittee. Dr. Van Meter stated that his concerns involved violation of Open Meetings Law and risks to public health. This administrative regulation was insufficient to protect public safety. Dr. Van Meter supported redrafting this administrative regulation to make the standards more rigorous and specific. This administrative regulation should also address conflicts of interest regarding preceptors determining competence. This administrative regulation should specify criteria for failure of intraocular surgery competency, as determined by the preceptor. Dr. Lee stated that surgery was different from other medical care and required lengthy training. Following Open Meetings Law and providing for public input would make this administrative regulation more protective of the public health.
In response to questions by Senator Givens, Dr. Combs stated that members of the Board of Optometric Examiners were appointed by the governor. There were four (1) optometrists and one (1) public member on the board, with four (4) year, staggered terms. The board proceeded carefully with the drafting of this administrative regulation. The board would have credibility problems if standards in this administrative regulation were not appropriate. This administrative regulation may keep someone in a rural area from losing vision. Dr. Reynolds stated that board members took an oath to protect public health. He stated that the board followed Open Meetings Law and that Dr. Lee's concerns addressed the task force, not the board. Dr. Combs stated that the board received public comments and amended this administrative regulation in response to those public comments, both supportive and in opposition.
Representative Lee stated that, as a member of this Subcommittee, his obligation was to determine if this administrative regulation complied with Kentucky statutes, not to debate the law itself. This administrative regulation seemed to comply with the applicable statutes. The question of whether the task force violated the Open Meetings Law was one for the courts. The statute authorizing this administrative regulation passed without Representative Lee's vote, but because this administrative regulation seemed to comply with that statute, he had no choice but to allow this administrative regulation to move forward in the process.
In response to questions by Representative Damron, Dr. Gaddie stated that Oklahoma required a thirty-two (32) hour education course and passage of an examination prior to an optometrist being allowed to do specific laser procedures. There was not a full, proctored case for each optometrist, as required by this administrative regulation. This administrative regulation also did not allow a certain procedure that is permitted in Oklahoma. The requirements in this administrative regulation were different and, in some cases, more stringent than those in Oklahoma. Dr. Gaddie stated that the task force made recommendations to the board regarding requirements and standards. There were equal numbers of physicians and optometrists on the task force.
In response to questions by Co-Chair Bell, Dr. Van Meter stated that, after the law passed, the public was promised protection of health through promulgation of an administrative regulation. This administrative regulation did not adequately protect public health. Dr. Van Meter agreed that, other than matters pertaining to the task force, this administrative regulation went through the typical rulemaking process, as established in KRS Chapter 13A. A public hearing and comment period was held, comments were received, this administrative regulation was amended in response to those public comments, and this Subcommittee meeting was open to the public.
Co-Chair Bell stated that many of his constituents did not have access to an ophthalmologist and had to drive many hours to see one. Dr. Van Meter stated that many people drive long distances for appointments with other surgical specialists. Lax training may result in poor care. This administrative regulation should be drafted pursuant to the Open Meetings Law, with an opportunity for public participation. Most of the money that would be made through this administrative regulation would go to Oklahoma, not to the University of Kentucky or the University of Louisville.
In response to questions by Co-Chair Bell, Dr. Van Meter stated that public access was not the primary issue regarding public health because this administrative regulation did not improve access significantly because the laser machines cost approximately $30,000 each, and small communities would not be able to purchase one. He did note that lasers could be rented. Practice on one (1) eye did not establish quality of care of patients. Ms. Johnson stated that the Kentucky Academy of Eye Physicians and Surgeons had filed a complaint in compliance with KRS Chapter 61, alleging that the board violated the Open Meetings Law. The board's Web site did not have information on the meeting places, times, or agendas, as required by KRS Chapter 61. The board abdicated rulemaking authority to the task force and to trade groups.
In response to questions by Co-Chair Bell, Ms. Johnson stated that this administrative regulation and the Subcommittee did not violate KRS Chapter 13A. She wanted this administrative regulation to be redrafted for compliance with KRS Chapters 13A and 61. The Open Meetings Law was violated prior to this administrative regulation being filed with LRC.
In response to a question by Senator Pendleton, Dr. Gaddie stated that the task force was comprised of three (3) ophthalmologists from Kentucky and one (1) from Oklahoma.
In response to Co-Chair Bowen's second request to defer consideration of this administrative regulation to the October meeting, Dr. Combs respectfully declined.
A motion was made and seconded to approve the following amendment: to amend Section 1(2)(a)1.w. to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendment was approved.
Board of Medical Licensure: Board
201 KAR 9:091. Repeal of 201 KAR 9:090. C. Lloyd Vest II, general counsel, represented the board.
Board of Nursing: Board
201 KAR 20:161. Investigation and disposition of complaints. Nathan Goldman, general counsel, represented the board.
201 KAR 20:370. Applications for licensure.
Board of Physical Therapy: Board
201 KAR 22:045. Continued competency requirements and procedures. Becky Klusch, executive director, represented the board.
201 KAR 22:053. Code of ethical standards and standards of practice for physical therapists and physical therapist assistants.
Board of Licensure for Massage Therapy: Board
201 KAR 42:035. Application process, exam, and curriculum requirement. Denise Logsdon, board member, and Ryan Halloran, assistant attorney general, represented the board.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Fish
301 KAR 1:015. Boats and motor restrictions. Gerard L. Buynak, assistant director; Benjy Kinman, deputy commissioner; and Mark Mangeot, legislative liaison, represented the department.
In response to questions by Senator Givens, Mr. Buynak stated that the horsepower restriction was removed because it was archaic. Other similarly sized lakes had authorized unlimited horsepower and had not had problems. Additionally, it was difficult to enforce the standard. This administrative regulation still provided for no wake zones. Mr. Kinman added that, in addition to no wake zones, reckless boating was still prohibited. The current statute did not provide for revocation of a boating license for reckless boating.
In response to questions by Representative Damron, Mr. Mangeot stated that a meeting was held in Dawson Springs on April 21, 2011, to apprise the community about the proposed changes to this administrative regulation. Mr. Kinman stated that the response at the public meeting was mixed. Anglers tended to support the changes, while some residents wanted the change to be seasonal. In-board boats had been an enforcement problem because the horsepower was not posted on the vehicles themselves. Most jet skis were over 150 horsepower. If this change was not made, all jet skis would have to be prohibited. Cedar Creek Lake was a dual-purpose lake, providing for fishing and recreational boating.
In response to a question by Co-Chair Bowen, Mr. Kinman stated that noise considerations were unnecessary because noise was based on if the exhaust was underwater or not. As it pertained to this administrative regulation, underwater exhaust was already required on smaller lakes.
301 KAR 1:152. Asian Carp Harvest Program.
301 KAR 1:201. Recreational fishing limits.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Waste Management: Underground Storage Tanks
401 KAR 42:005. Definitions related to 401 KAR Chapter 42. Lori R. Terry, environmental scientist; Tony Hatton, division director; and Bruce Scott, commissioner, represented the division. (These administrative regulations were discussed, and many amended, prior to their deferral from the August 2011 Administrative Regulation Review Subcommittee meeting. Those amendment summaries were included in the August report of this Subcommittee.)
In response to a question by Representative Ford, Mr. Scott stated that these administrative regulations were not more stringent than federal requirements, but did include Kentucky-specific requirements.
Senator Pendleton stated that he was satisfied that cleanup of underground storage tank sites would be faster if these administrative regulations were implemented.
In response to questions by Senator Givens, Mr. Scott stated that the annual differential between closed sites and sites added was approximately ten (10) years. At that point, the sites closed and added should be approximately equal. Mr. Hatton added that there were three (3) categories of cost for sites that may be closed. The first category was minimal and included sites that may close due to tank removal. The second category included those tanks not able to be closed and that may need corrective action. The third category included significantly contaminated sites, with groundwater involvement. The cost increased for each category. Ms. Terry stated that seventeen (17) percent of sites were in the second category, and three (3) percent were in the first category.
In response to a question by Representative Lee, Mr. Scott stated that the division was investigating other methods to reuse properties by providing prohibitions from using the properties for certain activities that may pose contamination danger.
401 KAR 42:011. Scope of underground storage tank program.
401 KAR 42:020. UST systems: design, construction, installation, and registration.
A motion was made and seconded to approve the following amendments: (1) to amend Section 8(1) to clarify training deadlines; and (2) to amend Section 16 to revise material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 42:030. UST system general operating requirements.
A motion was made and seconded to approve the following amendment: to amend Section 7(6) to correct a cross-reference citation. Without objection, and with agreement of the agency, the amendment was approved.
401 KAR 42:040. UST system release detection.
401 KAR 42:045. Delivery prohibition.
401 KAR 42:050. UST system release reporting, investigation, and confirmation.
401 KAR 42:060. UST system release response and corrective action for UST systems containing petroleum or hazardous substances.
401 KAR 42:070. Out-of-service UST systems, temporary closure and permanent closure of UST systems, and change in service of UST systems.
401 KAR 42:080. Classification of UST systems containing petroleum and listing of associated cleanup levels.
401 KAR 42:090. Financial responsibility.
401 KAR 42:095. Lender liability.
401 KAR 42:200. Annual fee for underground storage tanks.
401 KAR 42:250. Petroleum storage tank environmental assurance fund reimbursement procedures.
401 KAR 42:290. Ranking system.
401 KAR 42:300. Third-party claims.
401 KAR 42:315. Repeal of 401 KAR 42:314.
401 KAR 42:316. Petroleum storage tank environmental assurance fund eligibility criteria for contracting companies and partnerships.
401 KAR 42:320. Hearings.
401 KAR 42:330. Small owners tank removal account.
A motion was made and seconded to approve the following amendment: to amend Section 4(3) to correct a cross-reference citation. Without objection, and with agreement of the agency, the amendment was approved.
401 KAR 42:335. Financial audits.
401 KAR 42:340. Laboratory certification.
Solid Waste Facilities
401 KAR 47:205. Contents of the application for petroleum contaminated soil treatment facilities.
401 KAR 47:207. Public information procedures for petroleum contaminated soil treatment facilities.
Standards for Solid Waste Facilities
401 KAR 48:205. Technical requirements for petroleum contaminated soil treatment facilities.
401 KAR 48:206. Petroleum contaminated soil treatment facility liner soil layer quality assurance and quality control.
401 KAR 48:207. Petroleum contaminated soil treatment facility liner geosynthetic quality assurance and quality control.
401 KAR 48:208. Petroleum contaminated soil treatment facility liner high-permeability layer quality assurance and quality control.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Jail Standards for Full-Service Facilities
501 KAR 3:040. Personnel. Rodney Ballard, deputy commissioner; Amy Barker, assistant general counsel; and Jeff Burton, director of local facilities, represented the department. (Some of these administrative regulations were discussed, and amended, prior to their deferral from the August 2011 Administrative Regulation Review Subcommittee meeting. Those amendment summaries were included in the August report of this Subcommittee.)
Representative Ford, Co-Chair Bowen, and Senator Givens thanked the department for revising these administrative regulations.
Co-Chair Bell stated his thanks, but noted that his concerns had not been completely addressed. He stated his hope that his concerns regarding medication disbursement would be resolved in a future amendment.
A motion was made and seconded to approve the following amendments: to amend Section 1 to specify different staffing level requirements depending on the size of the jail: (1) for category I jails with eighty (80) beds or less, only two (2) jail personnel were required; (2) for category I jails with eighty-one (81) to 100 beds, three (3) jail personnel were required except for the night shift; (3) for the night shift, only two (2) personnel were required; and (4) For category II-V jails (jails with over 100 beds), three (3) jail personnel were required for all shifts. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 3:050. Physical plant.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to clarify the definitions for "renovation" and "expansion" in accordance with 2011 House Bill 463; (2) to amend Sections 3, 6, and 7 to clarify which requirements apply depending on if it is construction of a new jail or a renovation or expansion of an existing facility; (3) to amend Section 8 to clarify when an existing jail is exempt from subsequently adopted physical plant standards; (4) to amend Section 9(6)(b)3. to correct the minimum number of required bathrooms for diversion holding areas depending on the holding area's capacity; (5) to amend the RELATES TO paragraph to include additional relevant citations; (6) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 3, 4, 6, 7, 9, and 10 for clarification and to comply with the drafting requirements of KRS Chapter 13A; and (7) to amend Section 11 and the material incorporated by reference to: (a) align definitions with 501 KAR 3:010; (b) update references and citations; (c) clarify provisions; and (d) comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 3:090. Medical services.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1(2) to expressly state that telehealth services cannot be used for mental health evaluations for involuntary commitments under KRS Chapter 202A; and (2) to amend Section 1(16) for clarity. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 3:140. Prisoner rights.
A motion was made and seconded to approve the following amendments: to amend Section 1 to: (1) specify what is required when providing an inmate with confidential access to his attorney; and (2) clarify provisions. Without objection, and with agreement of the agency, the amendments were approved.
Office of the Secretary
501 KAR 6:060. Northpoint Training Center.
A motion was made and seconded to approve the following amendments: to amend various policies 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.
Jail Standards for Restricted Custody Center Facilities
501 KAR 7:050. Physical plant.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 through 6 to conform to the new construction, renovation, and expansion requirements for local jails as enacted in 2011 House Bill 463; (2) to amend the RELATES TO paragraph to include additional relevant citations; and (3) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 6 for clarification and to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 7:140. Prisoner rights.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 1 for clarification. Without objection, and with agreement of the agency, the amendments were approved.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Department of Workforce Investment: Office of Employment and Training: Unemployment Insurance
787 KAR 1:010. Application for employer account; reports. Clay Lamb, staff attorney, represented the office.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, and 4 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: Department of Insurance: Health and Life Division: Trade Practices and Frauds
806 KAR 12:150. Annuity disclosures. Malinda Shepherd, program manager, represented the division.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct a citation; and (2) to amend Section 1 to correct punctuation. Without objection, and with agreement of the agency, the amendments were approved.
806 KAR 12:170. Life insurance disclosures.
ENERGY AND ENVIRONMENT CABINET: Public Service Commission: Utilities
807 KAR 5:076. Alternative rate adjustment procedure for small utilities. Stephanie Bell, deputy executive director, and Gerald Wuetcher, executive advisor, represented the commission.
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; (3) to amend Sections 1 through 7, 9 through 14, and 16 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (4) to amend the two (2) forms incorporated by reference to conform. Without objection, and with agreement of the agency, the amendments were approved.
PUBLIC PROTECTION CABINET: Kentucky Horse Racing Commission: Thoroughbred Racing
810 KAR 1:027. Entries, subscriptions, and declarations. Jamie H. Eads, director; Greg Lamb, supervisor of pari-mutuel wagering; and Tim West, assistant general counsel, represented the commission.
In response to a question by Co-Chair Bowen, Mr. West stated that a mistake was made when this administrative regulation was last amended. The amendment clarified the horse selection process for preferences in that stakes races did not count toward preferences. This exclusion was inadvertently overlooked during the previous amendment of this administrative regulation.
Senator Givens expressed thanks for this administrative regulation on behalf of Senator Thayer.
810 KAR 1:070. Kentucky Thoroughbred Breeders' Incentive Fund.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO paragraph and Sections 1, 3, 4 through 7, and 10 for clarity and 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 1:145. Advance deposit account wagering.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3(4) to clarify that the annual fee can only be amended by amending the administrative regulation in accordance with KRS Chapter 13A; and (2) to amend Sections 1 through 8, 10, 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.
Harness Racing
811 KAR 1:285. Advance deposit account wagering.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3(4) to clarify that the annual fee can only be amended by amending the administrative regulation in accordance with KRS Chapter 13A; and (2) to amend Sections 1 through 8, 10, 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.
Quarter Horse, Appaloosa, and Arabian Racing
811 KAR 2:185. Advance deposit account wagering.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3(4) to clarify that the annual fee can only be amended by amending the administrative regulation in accordance with KRS Chapter 13A; and (2) to amend Sections 1 through 8, 10, 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.
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. Eric Friedlander, deputy secretary, represented the office.
Department for Mental Health and Mental Retardation Services: Division of Administration and Financial Management: Institutional Care
908 KAR 3:060. "Means test" for determining patient liability. Kevin Mudd, division director, and Ray Peters, program administrator, represented the division.
A motion was made and seconded to approve the following amendments: to amend Sections 2, 3, 6, and 7 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 Community Based Services: Division of Family Support: K-TAP, Kentucky Works, Welfare to work, State Supplementation
921 KAR 2:040. Procedures for determining initial and continuing eligibility. Virginia Carrington, branch manager, and Elizabeth Caywood, internal policy analyst, represented the division.
In response to a question by Senator Givens, Ms. Carrington stated that this administrative regulation combined two (2) forms to streamline processing. Eligibility requirements were not changed.
Food Stamp Program
921 KAR 3:090 & E. Simplified assistance for the Elderly Program or "SAFE".
The following administrative regulations were deferred to the October 11, 2011, meeting of the Subcommittee:
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Ad Valorem Tax; State Assessment
103 KAR 8:010. Watercraft allocation.
GENERAL GOVERNMENT CABINET: Real Estate Appraisers Board: Board
201 KAR 30:330 & E. Application for registration.
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.
Kentucky Applied Behavior Analysis Licensing Board: Board
201 KAR 43:010 & E. Licensed behavior analyst or licensed assistant behavior analyst: application procedures.
201 KAR 43:020 & E. Temporary licensed behavior analyst or temporary licensed assistant behavior analyst: application procedures.
201 KAR 43:030 & E. Fees.
201 KAR 43:040 & E. Code of ethical standards and standards of practice.
ENERGY AND ENVIRONMENT CABINET: Office of the Secretary: Kentucky State Nature Preserves Commission: Commission
400 KAR 2:090. Management, use, and protection of nature preserves.
PUBLIC PROTECTION CABINET: Department of Housing, Buildings and Construction: Division of Building Codes Enforcement: Elevator Safety
815 KAR 4:010 & E. Annual inspection of elevators.
815 KAR 4:025 & E. Permit fees for new and altered elevators.
815 KAR 4:030 & E. Elevator contractor licensing requirements.
815 KAR 4:040 & E. Elevator mechanic licensing requirements.
815 KAR 4:050 & E. Continuing education requirements for elevator contractors and elevator mechanics.
815 KAR 4:060 & E. Requirements for approval of continuing education courses and providers.
815 KAR 4:070 & E. Fees and refunds.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: Certificate of Need
900 KAR 6:080. Certificate of Need emergency circumstances.
Department for Public Health: Division of Public Health Protection and Safety: Mobile Homes and Recreational Vehicles Parks; Facilities Standards
902 KAR 15:020 & E. Recreational vehicles.
Radiology
902 KAR 100:019. Standards for protection against radiation.
902 KAR 100:022. Licensing requirements for land disposal of radioactive waste.
902 KAR 100:040. General provisions for specific licenses.
902 KAR 100:042. Decommissioning and financial surety.
902 KAR 100:100. Industrial radiography.
Department for Community Based Services: Division of Family Support: K-TAP, Kentucky Works, Welfare to work, State Supplementation
921 KAR 2:050. Time and manner of payments.
Division of Protection and Permanency: Child Welfare
922 KAR 1:420 (& E). Child fatality or near fatality investigations.
The Subcommittee adjourned at 3:30 p.m. until October 11, 2011.