Call to Order and Roll Call
The October meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, October 9, 2012, 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 Danny Ford and Jimmie Lee.
Guests: Alicia A. Sneed, Education Professional Standards Board; Todd Leatherman, Elizabeth Natter, Kevin Winstead, Office of Consumer Protection; Jonathan Buckley, David Cox, Board of Licensure for Professional Engineers and Land Surveyors; Angela Evans, Sienna Newman; Board of Prosthetics, Orthotics, and Pedorthics; Margaret Everson, Benjy Kinman, Mark Mangeot; Department of Fish and Wildlife; Clint Quarles, Department of Agriculture; Steve Sims, Division of Environment Services; Sean Alteri, Andrea Smith, Division for Air Quality; Frank Goins, DJ Wasson, Maggie Woods; Department of Insurance; Chandra Venettozzi and Phyllis Sosa; Cabinet for Health and Family Services.
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, October 9, 2012, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
EDUCATION PROFESSIONAL STANDARDS BOARD: Administrative certificates
16 KAR 3:010. Certification for school superintendent. Alicia A. Sneed, director, legal services, represented the board.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and 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.
Assessment
16 KAR 6:030. Examination prerequisites for principal certification.
A motion was made and seconded to approve the following amendment: to amend Section 5 for clarity. Without objection, and with agreement of the agency, the amendment was approved.
OFFICE OF THE ATTORNEY GENERAL: Office of Consumer Protection: Division of Consumer Protection
40 KAR 2:330. Mold remediation. Todd Leatherman, executive director; Elizabeth Natter, assistant attorney general; and Kevin Winstead, assistant attorney general, represented the division.
A motion was made and seconded to approve the following amendments: to amend Section 2, to: (1) specify the types of training, education, and experience required for mold remediation; and (2) 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: Kentucky State Board of Licensure for Professional Engineers and Land Surveyors: Board
201 KAR 18:040. Fees. Jonathan Buckley, general counsel, and David Cox, executive director, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend Section 5 to specify an internal cross-reference. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 18:192. Continuing professional development for professional land surveyors.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to include additional relevant citations; (2) to amend Sections 3 and 4 to specify internal cross-references; (3) to amend Sections 5, 7, and 8 to clarify provisions; (4) to amend Section 10 to incorporate by reference a required form; and (5) to amend Sections 1 through 10 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Kentucky Board of Prosthetics, Orthotics, and Pedorthics: Board
201 KAR 44:090. Requirements for licensure as an orthotist, prosthetist, orthotist-prosthetist, pedorthist, or orthotic fitter on or after January 1, 2013. Angela Evans, assistant attorney general, and Sienna Newman, chair, represented the board.
In response to a question by Co-Chair Bowen, Ms. Newman stated that these requirements were not established previously because the statute formerly contained these provisions. The statutory provisions expired and authorized that the requirements be established in an administrative regulation.
In response to a question by Co-Chair Bell, Ms. Newman stated that these administrative regulations did not impact negatively on practitioners.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to include additional relevant citations; and (2) 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.
201 KAR 44:100. Inactive status.
A motion was made and seconded to approve the following amendments: to amend Section 1 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 44:110. Licensure by endorsement.
A motion was made and seconded to approve the following amendments: to amend the STATUTORY AUTHORITY paragraph and Section 1 to correct statutory citations. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 44:120. Post residency registration.
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 Section 1 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: Game
301 KAR 2:030. Commercial guide license. Margaret Everson, counsel, and Benjy Kinman, commissioner’s office, represented the department.
In response to a question by Co-Chair Bell, Mr. Kinman stated that requirements regarding guide helpers had been amended in this administrative regulation so that, on public land, a helper shall be required to be certified as a guide with regard to safety, CPR training, and other requirements, and, on private land, helper requirements did not change.
A motion was made and seconded to approve the following amendments: to amend Sections 1 through 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.
Hunting and Fishing
301 KAR 3:012. Public use of Otter Creek Outdoor Recreation Area.
A motion was made and seconded to approve the following amendment: to amend Section 2 to allow rather than require the department to establish an agreement with Camp Piomingo. Without objection, and with agreement of the agency, the amendment was approved.
GENERAL GOVERNMENT CABINET: Department of Agriculture: Office of Consumer and Environmental Protection: Division of Environmental Services: Structural Pest Control
302 KAR 29:020. General provisions. Clint Quarles, staff attorney, and Steve Sims, manager, Structural Branch, represented the division.
In response to questions by Senator Givens, Mr. Sims stated that commercial pesticide application involved the application to another owner’s property. Noncommercial application was pesticide application to a structure on one’s own property. Mr. Quarles stated that government agencies also were required to keep pesticide application records. This administrative regulation clarified pesticide application recordkeeping requirements. A person applying a pesticide was required to follow all directions on the pesticide label. Mr. Sims and Mr. Quarles stated that most pesticide applications were already compliant with the new requirements.
In response to a question by Co-Chair Bowen, Mr. Sims and Mr. Quarles stated that enforcement application was triggered if pesticides were being applied to another owner’s property.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to include additional relevant citations; (2) to amend the TITLE and Section 3 for clarity; (3) to amend Section 4 to correct a citation; and (4) to amend Sections 2, 3, and 6 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
302 KAR 29:060. Certification.
In response to a question by Senator Givens, Mr. Quarles stated that the deadline change was intended so that all certifications would expire on the same date, even those certifications that had been on different certification cycles. Only five (5) percent of applicants were affected, and those were affected positively. The department had a new computer system that worked better if all certifications were on the same expiration cycle.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1, 4, 5, and 8 to specify an internal cross-reference; (2) to amend Sections 2 and 5 to clarify provisions; (3) to amend Section 9 to update the form incorporated by reference; (4) to amend Sections 1, 2, 4, 5, and 8 to comply with the drafting requirements of KRS Chapter 13A; and (5) to amend the structural pest control certification requirements to also require applicants to demonstrate practical knowledge of environmental conditions. Without objection, and with agreement of the agency, the amendments were approved.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division for Air Quality: Attainment and Maintenance of the National Ambient Air Quality Standards
401 KAR 51:001. Definitions for 401 KAR Chapter 51. Sean Alteri, assistant director, and Andrea Smith, manager, Program Planning Branch, represented the division.
A motion was made and seconded to approve the following amendments: to amend Section 1(207) to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
401 KAR 51:017. Prevention of significant deterioration of air quality.
401 KAR 51:052. Review of new sources in or impacting upon nonattainment areas.
PUBLIC PROTECTION CABINET: Department of Insurance: Agent Licensing Division: Agents, Consultants, Solicitors and Adjusters
806 KAR 9:211. Repeal of 806 KAR 9:210. Frank Goins, director, Property and Casualty Division; D. J. Wasson, administrative coordinator; and Maggie Woods, director of agency licensing, represented the division.
Property and Casualty Division: Surplus Lines
806 KAR 10:060. Cancelation of financial responsibility.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to correct a citation; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 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.
Division of Kentucky Access: Health Insurance Contracts
806 KAR 17:540. ICARE Program high-cost conditions.
806 KAR 17:545. ICARE Program employer eligibility, application process, and requirements.
806 KAR 17:555. ICARE Program requirements.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: Certificate of Need
900 KAR 6:060. Timetable for submission of certificate of need applications. Chandra Venettozzi, health data administrator, represented the cabinet.
In response to a question by Co-Chair Bell, Ms. Venettozzi stated that this administrative regulation authorized the cabinet to reject a CON application if the application was filed more than eighty (80) days before the desired public notice.
900 KAR 6:085. Implementation of outstanding Certificate of Need when ownership has changed.
In response to a question by Co-Chair Bell, Ms. Venettozzi stated that this administrative regulation authorized a facility to transfer an unused CON only to a facility purchasing the facility with the other existing CONs as well.
A motion was made and seconded to approve the following amendments: to amend the TITLE; the NECESSITY, FUNCTION, AND CONFORMITY paragraph; and Sections 1 and 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
900 KAR 6:090. Certificate of Need filing, hearing, and show cause hearing.
In response to a question by Co-Chair Bell, Ms. Venettozzi stated that this administrative regulation was amended as part of a reorganization of requirements.
A motion was made and seconded to approve the following amendments: to amend Section 4 to: (1) correct a citation; and (2) comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
900 KAR 6:130. Certificate of Need criteria for physician exemption.
In response to a question by Senator Pendleton, Ms. Venettozzi stated that she would investigate why Cumberland Hall transferred prospective military patients to Tennessee. Cumberland Hall had twenty (20) unoccupied beds; however, Cumberland Hall stated that those beds could not be used for adult or military patients. Ms. Venettozzi agreed to report the findings of the investigation to the Subcommittee.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph and Section 1 to correct statutory citations; and (2) to amend Sections 1, 3, and 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department for Aging and Independent Living: Division of Operations Support: Aging Services
910 KAR 1:240. Certification of assisted-living communities. Phyllis Sosa, assistant director, represented the department.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO paragraph and Sections 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.
The following administrative regulations were deferred to the November 13, 2012, meeting of the Subcommittee:
GENERAL GOVERNMENT CABINET: Board of Pharmacy: Board
201 KAR 2:020 & E. Examination.
201 KAR 2:030 & E. License transfer.
201 KAR 2:050 & E. Licenses and permits; fees.
201 KAR 2:061 & E. Procedures followed by the Kentucky Board of Pharmacy in the investigation and hearing of complaints.
201 KAR 2:205 & E. Pharmacist-in-charge.
Board of Optometric Examiners: Board
201 KAR 5:010 & E. Application for licensure; endorsement.
201 KAR 5:030 & E. Annual courses of study required.
201 KAR 5:130 & E. Controlled substances.
Board of Dentistry: Board
201 KAR 8:520. Fees and fines.
201 KAR 8:532 & E. Licensure of dentists.
201 KAR 8:540 & E. Dental practices and prescription writing.
Board of Medical Licensure: Board
201 KAR 9:081 & E. Disciplinary proceedings.
201 KAR 9:200 & E. National Practitioner Data Bank reports.
201 KAR 9:210 & E. Criminal background checks required for all new applicants.
201 KAR 9:230 & E. Required registration in the KASPER system; legal requirements for prescribing controlled substances in the Commonwealth of Kentucky; enforcement.
201 KAR 9:240 & E. Emergency orders and hearings; appeals and other proceedings.
201 KAR 9:310 & E. Continuing medical education.
Board of Nursing: Board
201 KAR 20:056 & E. Advanced practice registered nurse licensure, program requirements, recognition of a national certifying organization.
201 KAR 20:161 & E. Investigation and disposition of complaints.
201 KAR 20:215 & E. Continuing competency requirements.
Board of Podiatry: Board
201 KAR 25:011 & E. Approved schools; examination application; fees.
201 KAR 25:021 & E. Annual renewal of licenses, fees.
201 KAR 25:031 & E. Continuing education.
201 KAR 25:051 & E. Procedure for complaints and hearings involving licensees: temporary suspension.
201 KAR 25:090 & E. Prescribing and dispensing controlled substances.
ENERGY AND ENVIRONMENT CABINET: Public Service Commission: Utilities
807 KAR 5:076. Alternative rate adjustment procedure for small utilities.
PUBLIC PROTECTION CABINET: Department of Housing, Buildings and Construction: Division of Building Codes Enforcement: Elevator Safety
815 KAR 4:030. Elevator contractor licensing requirements.
815 KAR 4:040. Elevator mechanic licensing requirements.
815 KAR 4:060. Requirements for approval of continuing education courses and providers.
The Subcommittee adjourned at 1:40 p.m. until November 13, 2012.