Call to Order and Roll Call
The March meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, March 12, 2013, at 9:00 AM, in Room 154 of the Capitol Annex. Senator Ernie Harris, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Ernie Harris, Co-Chair; Representative Johnny Bell, Co-Chair; Senators Joe Bowen, Perry B. Clark, and Sara Beth Gregory; Representatives Robert R. Damron, and Jimmie Lee.
Guests: Becky Gilpatrick, Melissa Justice, Kentucky Higher Education Assistance Authority; Beau Barnes, Kentucky Teachers' Retirement System; Sharon Eli Mercer, Board of Nursing; Virginia Moore, Timothy Owen, Michael West, Board of Interpreters for Deaf and Hard of Hearing; Margaret Everson, Karen Waldrop, Department of Fish and Wildlife Resources; Kevin Brown, Robin Chandler, David Cook, Amy Peabody, David Wickersham, Department of Education; Dawn Bellis, Libby Simpson, Tina Quire, Department of Housing, Buildings and Construction; Stephanie Brammer-Barnes, Mary Reinle Begley, Allison Lile, Stuart Owen, and Chandra Venettozzi, Cabinet for Health and Family Services.
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, March 12, 2013, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY: Division of Student and Administrative Services: Authority
11 KAR 4:080. Student Aid applications. Becky Gilpatrick, director, Student Aid Services, and Melissa F. Justice, senior associate counsel, represented the authority.
FINANCE AND ADMINISTRATION CABINET: Kentucky Teachers' Retirement System: General Rules
102 KAR 1:230. Limitations on benefits. Beau Barnes, deputy executive secretary, represented the system.
In response to a question by Co-Chair Bell, Mr. Barnes stated that stakeholders were generally supportive of this administrative regulation, which did not relate to Social Security offsets.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to make technical corrections; and (2) to amend Sections 1 through 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 Nursing: Board
201 KAR 20:220. Nursing continuing education provider approval. Sharon Eli Mercer, nursing practice consultant, represented the board.
A motion was made and seconded to approve the following amendments: to amend Sections 2, 3, 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.
201 KAR 20:381. Repeal of 201 KAR 20:200 and 201 KAR 20:380.
Board of Interpreters for the Deaf and Hard of Hearing: Board
201 KAR 39:030. Application; qualifications for licensure; and certification levels. Timothy Owens, chair, and Michael West, assistant attorney general, represented the board.
In response to a question by Representative Lee, Subcommittee Staff stated that the suggested amendment specifically clarified deadline dates.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to clarify that EIPA certification may be used for licensure if applying before July 1, 2013; and (2) to amend Section 2 to further update the application form. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 39:050. Renewal of licenses, extension of temporary licenses and reinstatement.
A motion was made and seconded to approve the following amendments: (1) to amend Section 4 to specify the expiration date for temporary licenses and the deadline to request an extension; (2) to amend Section 5 to further update application forms; and (3) to amend Sections 4 and 5 to comply with the 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 2:132. Elk depredation permits, landowner cooperator permits, and quota hunts. Karen Waldrop, director, Wildlife Division, and Margaret Everson, assistant attorney general, represented the department.
In response to a question by Senator Bowen, Ms. Waldrop stated that Kentucky had an excellent environment for elk. The population was thriving, and the calves seemed to be doing well. The state had over 10,000 elk, which did not tend to migrate out of the state.
In response to questions by Representative Damron, Ms. Waldrop stated that the department was working to develop new administrative regulations to address damage caused by elk to farms and other property. The department was taking other measures in addition to developing administrative regulations. Landowners were allowed to take action if elk were caught causing damage. The commission would meet in June and was planning to discuss proposals to further address elk damage. There was a delicate balance between those who have damage caused by elk and the tourism and enjoyment of the animals. The department had moved elk populations from areas of historic nuisance.
In response to a question by Representative Damron regarding if deferral would be beneficial, Co-Chair Bell stated that the department seemed confident that the elk damage issues would be readily resolved. Representative Damron stated that, if those issues were not resolved satisfactorily, this administrative regulation could be recalled by the Subcommittee for further consideration.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to delete the definition for “at-large” and add definitions for “at-large north” and “at-large south”; (2) to amend Section to: (a) establish that a drawn hunter was authorized to hunt in up to three (3) areas of limited entry or at-large areas; and (b) establish that a drawn hunter who did not apply for or was not drawn for a LEA shall be assigned to one (1) of the at-large portions of the elk zone; and (3) to amend Section 7 to revise the boundaries of Straight Creek LEA. Without objection, and with agreement of the agency, the amendments were approved.
301 KAR 2:178. Deer hunting on Wildlife Management Areas, state parks, other public lands, and federally controlled areas.
301 KAR 2:195 & E. Falconry, raptor take, and raptor propagation.
A motion was made and seconded to approve the following amendments: to amend Section 7 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Board of Education: Department of Education: Office of Chief State School Officer
701 KAR 5:140. Districts of Innovation. Kevin C. Brown, general counsel; David Cook, director of innovation; and Amy Peabody, assistant general counsel, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 through 6 and the material incorporated by reference to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend Section 3 to establish a process for amending an approved plan. Without objection, and with agreement of the agency, the amendments were approved.
Office of Instruction
704 KAR 3:095. The use of response-to-intervention in Kindergarten through Grade 3.
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; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
PUBLIC PROTECTION CABINET: Department of Housing, Buildings and Construction: Division of Building Codes Enforcement: Electrical
815 KAR 35:060. Licensing of electrical contractors, electricians, and master electricians pursuant to KRS 227A.060. Dawn Bellis, general counsel; Libby Simpson, building codes enforcement; and Tina Quire, electrical licensing, represented the division.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph and Sections 1, 2, 4, 5, and 7 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend Section 2 to clarify that the required applicant photo shall have been taken within the past six (6) months. Without objection, and with agreement of the agency, the amendments were approved.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: Data Reporting and Public Use Data Sets
900 KAR 7:030 & E. Data reporting by health care providers. Allison Lile, health data administrator, and Chandra Venettozzi, health data administrator, represented the cabinet.
Office of Inspector General: Division of Audits and Investigations: Controlled Substances
902 KAR 55:015 & E. Schedule I substances. Mary Begley, inspector general, and Stephanie Brammer-Barnes, policy analyst, represented the cabinet.
In response to a question by Co-Chair Bell, Ms. Begley stated that this administrative regulation governed illegal substances classified as Schedule I, which included cocaine and heroin, for example. Ms. Brammer-Barnes stated that House Bill 8 of the 2013 Regular Session of the General Assembly supported this administrative regulation and was awaiting the Governor’s signature.
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 citations; (2) to amend Sections 1, 3, and 5 to make minor clarifications; and (3) to amend Sections 1 through 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department for Medicaid Services: Commissioner's Office: Payment and Services
907 KAR 3:170. Telehealth consultation coverage and reimbursement. Stuart Owen, regulation coordinator, represented the department.
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 and Section 2 to move substantive provisions from the NECESSITY, FUNCTION, AND CONFORMITY paragraph to Section 2; (3) to amend Sections 1 through 5 and 8 to comply with the drafting and formatting requirements of KRS Chapter 13A; (4) to amend Section 1 to establish a definition for “telehealth practitioner”; (5) to amend Section 3 to clarify when specified services will be covered by the department; (6) to amend Section 4 to specify when individual psychotherapy will be covered as a telehealth consultation in a community mental health center; and (7) to amend Section 5 to clarify the reimbursement provisions for a telehealth consultation. Without objection, and with agreement of the agency, the amendments were approved.
The following administrative regulations were deferred to the April 9, 2013, meeting of the Subcommittee:
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Water: Water Quality Standards
401 KAR 10:030. Antidegradation policy implementation methodology.
401 KAR 10:031. Surface water standards.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Board of Education: Department of Education: School Administration and Finance
702 KAR 3:130. Internal accounting.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: State Health Plan
900 KAR 5:020. State Health Plan for facilities and services.
Department for Public Health: Division of Maternal and Child Health: Kentucky Early Intervention System
902 KAR 30:001. Definitions for 902 KAR Chapter 30.
Department for Medicaid Services: Commissioner's Office: Medicaid Services
907 KAR 1:711E. Repeal of 907 KAR 1:705 and 907 KAR 1:710.
Other Business: Co-Chair Harris stated that he was thankful the Cabinet for Health and Family Services deferred consideration of 900 KAR 5:020, relating to the state health plan. He had just been informed about an amendment possibility the prior evening and needed additional time to consider substantive chances to administrative regulations. He believed that deferring that administrative regulation specifically and any administrative regulations in general that had last-minute substantive changes was the best course of action.
Co-Chair Bell stated that he echoed what Co-Chair Harris had stated and that substantive amendments made after the public hearing and public comment period caused myriad problems if made after the Statement of Consideration was filed or if a Statement of Consideration was not applicable. He, too, was thankful for the deferral of 900 KAR 5:020 and the selenium administrative regulation (401 KAR 10:031) from the prior month’s meeting in order to give the public a chance to have input into the process and to comment on the proposed changes.
Representative Lee reiterated Co-Chair Bell’s statement that substantive amendments made at the Subcommittee meeting caused problems and added that, if substantive amendments were made at the Subcommittee meeting and if there was protest from a member of the public, the Subcommittee would request the agency to defer in order to address stakeholder concerns.
Senator Bowen congratulated Co-Chair Harris on successfully chairing his first Administrative Regulation Review Subcommittee meeting.
The Subcommittee adjourned at 9:35 a.m. until April 9, 2013 at 1 p.m.