Call to Order and Roll Call
The June meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, June 12, 2012, 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: Senators Joe Bowen, David Givens, and Joey Pendleton, and Representatives Robert Damron and Danny Ford.
Guests: Granville Smith, Michael West, Board of Ophthalmic Dispensers; Angela Evans, Sandra Miller, Board of Licensure for Marriage and Family Therapists; Ron Brooks, Margaret Everson, Karen Waldrop, Department of Fish and Wildlife; Amber Arnett, Amy Barker, Sara Pittman, Meredith Sanford, Department of Corrections; Kevin C. Brown, Ron Chandler, Hiren Desai, Kay Kennedy, Felicia C. Smith, Department of Education; Terry Tolan, Governors Office of Early Childhood; Bill Clark, Russell R. Coy II, Blanche Minor, Cecilia Webber, and Tim West, Department of Insurance.
LRC Staff: Dave Nicholas, Donna Little, Emily Caudill, Sarah Amburgey, Emily Harkenrider, Karen Howard, Betsy Cupp, and Laura Napier.
The Administrative Regulation Review Subcommittee met on Tuesday, June 12, 2012, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
GENERAL GOVERNMENT CABINET: Kentucky Board of Licensure for Ophthalmic Dispensers: Board
201 KAR 13:040. Licensing; application, examination; renewal; and inactive status. Granville Smith, chair, and Michael West, assistant attorney general, represented the board.
In response to a question by Co-Chair Bowen, Mr. Smith stated that as society had become more mobile, licensees needed a practical examination that was the same from state to state. This administrative regulation established a national practical examination.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1, 3, and 4 through 7 to comply with the drafting and formatting requirements of KRS Chapter 13A; (2) to amend Section 4(4) to establish the grace period referenced in the applications; and (3) to amend Section 8 to revise the applications incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
Board of Licensure for Marriage and Family Therapists: Board
201 KAR 32:035. Supervision of marriage and family therapist associates. Angela Evans, assistant attorney general, and Sandra Miller, chair, represented the board.
In response to a question by Representative Ford, Ms. Miller stated that the previous version of this administrative regulation contained an error. This amendment corrected and clarified the definition of “group supervision” without affecting the maximum limit of supervisees per supervisor. This administrative regulation did not affect costs for the agency or the regulated community, including licensees.
A motion was made and seconded to approve the following amendments: to amend Sections 2, 3, 6, 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.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Fish
301 KAR 1:410. Taking of fish by nontraditional fishing methods. Ron Brooks, fisheries director; Margaret Everson, assistant attorney general; and Karen Waldrop, wildlife Director, represented the department.
In response to a question by Senator Kerr, Mr. Brooks stated that recreational boating and angling was prohibited at Greenbo Lake in the designated cove during skin or scuba diving. Skin and scuba diving were permitted between 10 a.m. and 6 p.m. Recreational boating and angling were allowed during the skin and scuba diving time period if divers were not present. Divers placed a flag in the cove during diving to indicate to other nondiving lake users that the cove was unavailable.
In response to questions by Co-Chair Bowen, Mr. Brooks stated that grabbing and snagging were nontraditional forms of harvesting fish. A minority of fishermen were opposed to this administrative regulation because of the provisions for diving in the cove, during which time boating and angling in that area were prohibited. This began a three (3) year trial period for the diving policy. Greenbo Lake was the only lake owned by the Commonwealth with water clarity suitable for skin and scuba diving. Administrative regulations were initiated for a mix of reasons. Preferably, initiation would be due to biological studies, but often the public requested new administrative regulations or amendments to existing administrative regulations.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 3, 5, 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.
Game
301 KAR 2:049. Small game and furbearer hunting and trapping on public areas.
A motion was made and seconded to approve the following amendments: (1) to amend Section 4(25) to clarify hunting requirements for “A” Tracts at the West Kentucky WMA; and (2) to amend Sections 4, 5, 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.
301 KAR 2:081. Transportation and holding of live native wildlife.
A motion was made and seconded to approve the following amendments: (1) to amend Section 2 to correct a citation; (2) to amend Sections 1, 2, 3, 5, 6, 9, and 10 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (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. Without objection, and with agreement of the agency, the amendments were approved.
301 KAR 2:082. Transportation and holding of live exotic wildlife.
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 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.
Game
301 KAR 2:084. Importation of game birds.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Office of the Secretary
501 KAR 6:020. Corrections policies and procedures. Amber Arnett, staff attorney, and Amy Barker, assistant general counsel, represented the department.
In response to a question by Co-Chair Bell, Ms. Arnett stated that there was not a difference between the terms, “skin search” and “strip search,” but that “skin search” had been a typographical error in the previous version of this administrative regulation. The procedure itself was not actually changed.
A motion was made and seconded to approve the following amendments: (1) to amend CPP 2.12 for compliance with 2012 Senate Bill 90 regarding unclaimed funds in inmate jail accounts; (2) to amend CPP 10.2 to use defined term of strip search rather than skin search; (3) to amend authorized inmate property list in CPP 17.1 to remove tobacco products as the institutions are now tobacco-free and to make other minor adjustments; and (4) to amend Section 1 and the material incorporated by reference to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Kentucky Board of Education: Department of Education: General Administration
702 KAR 1:160. School health services. Kevin Brown, general counsel and associate commissioner; Hiren Desai, associate commissioner; and Kay Kennedy, director of support services, represented the department.
In response to a question by Senator Givens, Ms. Kennedy stated that feedback from healthcare partners reported ineffective compliance with scoliosis screening because many parents opted their children out of the screening. Additionally, the examinations were performed by inadequately trained school staff, rather than healthcare professionals. The result was inaccuracy of screening results. The screening was best performed by trained healthcare personnel at regular medical examinations.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 3, 5, and 6 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend Section 6 to incorporate by reference the Immunization Certificate. Without objection, and with agreement of the agency, the amendments were approved.
Office of Instruction
704 KAR 3:340. Commonwealth Diploma Program. Kevin Brown, general counsel and associate commissioner; Robin Chandler, policy advisor; and Terry Holliday, commissioner, represented the department.
In response to a question by Senator Kerr, Ms. Smith stated that the Commonwealth Diploma program was being eliminated but local school districts could opt to establish local recognitions. Ms. Chandler stated that the cost of administering the program had become too high, especially considering the departments emphasis on college and career readiness for all students. The Commonwealth Diploma Program had served its purpose, but it was appropriate for it to end now.
In response to questions by Representative Damron, Ms. Chandler stated that in the 2011 – 2012 school year, 1,651 Commonwealth Diplomas had been awarded. The Commonwealth Diploma required advanced placement classes and a composite score of at least eight (8) across all advanced placement areas examined. Mr. Brown stated that transferring the program to the local government level had been initiated by staff of the Department of Education. Mr. Holliday stated that postsecondary institutions did not consider the Commonwealth Diploma for enrollment purposes. New programs, such as the Advanced Placement Achievement Program, were being developed to replace the Commonwealth Diploma Program. The decision to eliminate the Commonwealth Diploma Program was not based on “top-down” administrative issues. Members of the gifted and talented community had raised concerns that funding was diverted from that program to the Commonwealth Diploma Program. Local school districts could still choose to give recognition similar to the Commonwealth Diploma Program. Funding savings would go directly back to the local districts. The funding had been used to cover the actual costs of the diplomas, materials, and administrative aspects of the program. The department took a bigger financial hit than the local school districts.
Representative Damron stated that it was a mistake to eliminate the Commonwealth Diploma Program. It was important to local school districts and provided a strong motivation for students to achieve.
A motion was made and seconded to approve the following amendments: (1) to amend Section 2 to comply with the drafting requirements of KRS Chapter 13A; and (2) to create a new Section 3 to: (a) specify that the Commonwealth Diploma shall not be awarded by the Kentucky Board of Education after the 2012-2013 academic year; and (b) authorize local districts to develop policies and procedures to award local recognitions. Without objection, and with agreement of the agency, the amendments were approved.
Kindergartens and Nursery Schools
704 KAR 5:070. Common Kindergarten entry screener. Kevin Brown, general counsel and associate commissioner; Felicia Cummings-Smith, associate commissioner; and Terry Tolan, executive director, Governor’s Office of Early Childhood, represented the department.
In response to questions by Senator Givens, Ms. Cummings-Smith stated that the office’s intent was to create better validity for kindergarten entry screening. Screening was in place at the local school district level, but this administrative regulation centralized the screening at the department level. The department’s goals were to provide a “snapshot” of where the prospective pupil was academically, physically, socially, and emotionally in order to demonstrate school readiness, and to demonstrate that the Commonwealth’s early childhood development programs had an impact on school readiness. To achieve those goals, the department needed a standard screening process. The screening would collect information about a child’s preschool years without blaming or giving credit for school readiness for prospective students who did not participate in early childhood development programs. The department hoped that the data would indicate that strong early childhood development programs had a positive influence on school readiness. There was not a specific plan to use the data to assist funding determinations; however, the data may provide direction in making other decisions. Mr. Brown stated that KRS 158.6453 did not apply to this administrative regulation because this administrative regulation governed screening only, not the statewide assessment established by the statute.
Senator Givens stated that he was concerned that this administrative regulation would lead to endorsement of some paths of school-readiness preparation and devalue others. He stated that he was a proponent of a school voucher program that would not penalize parents or private institutions that prepared pupils for at or above the school-readiness level of the public programs. Cautiousness was crucial.
In response to questions by Co-Chair Bell, Ms. Tolan stated that this administrative regulation would help build on and improve existing early childhood development programs but would not categorize, or “label,” prospective pupils. This screening would provide a “snapshot” in time of the prospective pupil. This administrative regulation would assist in defining levels of school readiness and, in some situations, may indicate the need for further testing for specific prospective pupils. This administrative regulation would build stronger relationships among the early childhood development community.
Co-Chair Bell stated that he hoped the department and Governor’s Office on Early Childhood would use common sense and would not categorize, or label, prospective pupils at such an early state in their academic career.
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 the RELATES TO and STATUTORY AUTHORITY paragraphs and Sections 1 through 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.
PUBLIC PROTECTION CABINET: Department of Insurance: Financial Standards and Examination Division: Authorization of Insurers and General Requirements
806 KAR 3:190. Risk-based capital for insurers. Bill Clark, chief financial analyst; Russell R. Coy II, capital coordinator; and Tim West, deputy general counsel, represented the division.
In response to a question by Co-Chair Bowen, Mr. Clark stated that this administrative regulation pertained to risk-based capital and revised the program slightly for clarification. There were currently no domestic fraternal benefit societies in Kentucky. This administrative regulation adjusted the multiplier regarding the six (6) trend test.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2, 4, 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.
The following administrative regulations were deferred to the July 10, 2012, meeting of the Subcommittee:
GENERAL GOVERNMENT CABINET: Board of Dentistry: Board
201 KAR 8:562. Licensure of dental hygienists.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Game
301 KAR 2:041. Shooting areas, dog training areas, commercial foxhound training enclosures, and bobwhite shoot-to-train season.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Office of the Secretary
501 KAR 6:260. Procedures for recommendation of early termination of probation and review of compliance of supervised individuals.
501 KAR 6:280. Risk and needs assessment.
Other Business: Representative Ford introduced his legislative successor, David Meade.
The Subcommittee adjourned at 2:10 p.m. until July 10, 2012.