Call to Order and Roll Call
The January meeting of the Administrative Regulation Review Subcommittee was held on Monday, January 13, 2014, at 1:00 PM, in Room 154 of the Capitol Annex. Representative Johnny Bell, 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 Perry B. Clark, Sara Beth Gregory, and Alice Forgy Kerr; Representatives Jimmie Lee, and Tommy Turner.
Guests: Becky Gilpatrick, Kentucky Higher Education Assistance Authority; Alicia Sneed, Education Professional Standards Board; Jennifer Jones, Chris Tapia, Bill Thielen, Brian Thomas, Kentucky Retirement Systems; Nathan Goldman, Paula Schenk, Board of Nursing; Margaret Everson, Karen Waldrop, David Wicker, Department of Fish and Wildlife Resources; Kristen Branscum, James Comer, Clint Quarles, Dr. Robert Stout, Adam Watson, Department of Agriculture; Kevin Brown, Kay Kennedy, Amy Peabody, Karen Kidwell, Department of Education; Elizabeth Caywood, Virginia Carrington, Martha Hockensmith, Chandra Jones, Wendy Morris, Cabinet for Health and Family Services, Jeff Harper, Kentucky Farm Bureau, and Dave Maples, Kentucky Cattleman's Association.
LRC Staff: Donna Little, Emily Caudill, Sarah Amburgey, Carrie Klaber, Emily Harkenrider, Karen Howard, Laura Napier, and Betsy Cupp.
The Administrative Regulation Review Subcommittee met on Monday, January 13, 2014, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY: Division of Student and Administrative Services: Commonwealth Merit Scholarship Program
11 KAR 15:090. Kentucky Educational Excellence Scholarship (KEES) Program. Becky Gilpatrick, director of student aid services, represented the division.
EDUCATIONAL PROFESSIONAL STANDARDS BOARD: Educator Preparation
16 KAR 5:020. Standards for admission to educator preparation. Alicia Sneed, director of legal services, represented the board.
A motion was made and seconded to approve the following amendments: to amend 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.
Assessment
16 KAR 6:010. Examination prerequisites for teacher certification.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, and 4 through 7 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
FINANCE AND ADMINISTRATION CABINET: Kentucky Retirement Systems: General Rules
105 KAR 1:140 & E. Employer's administrative duties. Bill Thielan, executive director, and Brian Thomas, general counsel, represented Kentucky Retirement Systems.
Mr. Thielan stated that Kentucky Retirement Systems sent a letter to Subcommittee members explaining this administrative regulation and, in that letter, presented theoretical fiscal impact information.
In response to a question by Co-Chair Harris, Mr. Thielan stated that changing the spiking requirements in this administrative regulation would first require amendment to the authorizing statute, which strictly defined spiking as it related to overtime.
In response to questions by Co-Chair Bell, Mr. Thielan stated that Kentucky Retirement Systems was not currently soliciting legislators to amend the authorizing statute for this administrative regulation because the current statute assisted budget shortfalls. Kentucky Retirement Systems would implement whatever legislation the General Assembly enacted. An emergency situation that required significant overtime would require Kentucky Retirement Systems to treat the compensation as spiking. The theoretical fiscal impact information provided with Kentucky Retirement Systems’ letter to Subcommittee members included an example of an emergency situation that resulted in spiking.
A motion was made and seconded at the December meeting of the Subcommittee to approve the following amendments: (1) to delete Section 1(9)(b,) which prohibited an employer in the County Employees Retirement System from classifying an employee as temporary or probationary more than once; and (2) to add Section 8(13), which stated that an employer required to pay the additional actuarial cost pursuant to KRS 61.598 shall be treated as a participating employer in the system to which the employer is required to pay the additional actuarial cost solely for purposes of making the required payment. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT CABINET: Board of Nursing: Board
201 KAR 20:056. Advanced practice registered nurse licensure, program requirements, recognition of a national certifying organization. Nathan Goldman, general counsel, and Paula Schenk, executive director, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs and Section 1 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; and (3) to amend Sections 1, 2, 3, 5, 6, 9, 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.
201 KAR 20:061. Approval of Doctor of Nursing Practice (DNP) degree programs. 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; and (3) to amend 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.
201 KAR 20:062. Standards for advanced practice registered nurse (APRN) programs of nursing. 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 10 to comply with the drafting requirements of KRS Chapter 13A; and (4) to amend Section 4 to change references from "nursing unit administrator" to "designated chief nursing academic officer." Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 20:240. Fees for applications and for services. In response to a question by Senator Kerr, Mr. Goldman stated that all nursing programs had finished the application process for APRN programs; therefore, the application fee was deleted because it was obsolete. 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 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 20:260. Organization and administration standards for prelicensure programs of nursing. In response to a question by Co-Chair Harris, Mr. Goldman stated that the deletion in this administrative regulation and in 201 KAR 20:310 of the twenty-five (25) percent time minimum was appropriate because this requirement was no longer necessary. Sometimes these nursing administrators became overwhelmed, and time minimums were generally used to ensure adequate time for certain required duties. Other board administrative regulations included time minimum requirements to provide that protection to nursing administrators.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to add statutory citations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and 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 20:270. Programs of nursing site visits.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to add statutory citations; and (2) 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.
201 KAR 20:280. Standards for initial approval of prelicensure registered nurse and practical nurse programs.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to add a statutory citation; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 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 20:290. Standards for prelicensure registered nurse and practical nurse secondary sites.
A motion was made and seconded to approve the following amendments: to amend Sections 2 through 6 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 20:310. Faculty for prelicensure registered nurse and practical nurse programs.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2, 3, 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.
201 KAR 20:320. Standards for curriculum of prelicensure nursing programs.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to add a statutory citation; and (2) to amend 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.
201 KAR 20:390. Nursing Incentive Scholarship Fund.
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, 2, 4, 7, 8, 9, 11, 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.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Game
301 KAR 2:221 & E. Waterfowl seasons and limits. Margaret Everson, assistant attorney general, and Karen Waldrop, wildlife division director, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1, 3, and 6 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend Section 8 and add Section 9 to incorporate forms by reference. Without objection, and with agreement of the agency, the amendments were approved.
301 KAR 2:222 & E. Waterfowl hunting requirements on public lands.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1, 3, and 4 to comply with the drafting requirements of KRS Chapter 13A; and (2) to amend Sections 4 and 5 and add Section 8 to incorporate forms by reference. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT CABINET: Department of Agriculture: Office of Consumer and Environmental Protection: Division of Environmental Services: Livestock
302 KAR 21:001. Definitions for 302 KAR Chapter 21. James Comer, commissioner; Jeff Harper, director of public affairs, Kentucky Farm Bureau; Dave Maples, Kentucky Cattlemen’s Association; and Dr. Robert Stout, state veterinarian, represented the division. Representative Tom McKee appeared in support of these administrative regulations.
Representative McKee stated that these administrative regulations were good for the livestock industry.
A motion was made and seconded at the December meeting of the Subcommittee to approve the following amendments: to amend the definition for “soring” to clarify that a chemical agent shall be applied intentionally to create an equine abrasion. Without objection, and with agreement of the agency, the amendments were approved.
302 KAR 21:020. General livestock and poultry provisions.
302 KAR 21:030. Beef cattle, bison, and veal specific provisions.
302 KAR 21:040. Dairy cattle specific provisions.
302 KAR 21:050. Equine specific provisions.
302 KAR 21:060. Swine specific provisions.
A motion was made and seconded at the December meeting of the Subcommittee to approve the following amendment: to add Section 3 to incorporate by reference the Pork Quality Assurance Guidelines. Without objection, and with agreement of the agency, the amendment was approved.
302 KAR 21:070. Ovine, caprine, camelid and cervid specific provisions.
302 KAR 21:080. Poultry specific provisions.
Office of Agricultural Marketing and Product Promotion: Organic Agricultural Product Certification
302 KAR 40:010. Certification of organic production, processing, or handling operations. Kristen Branscum, executive director for markets; James Comer, commissioner; Clint Quarles, staff attorney, and Adam Watson, value-added plant production, represented the department.
In response to a question by Co-Chair Harris, Mr. Comer stated that there had been an increased demand for organics, but Kentucky had been at risk because the program was inadequate and did not comply with new federal mandates such as soil testing requirements. This administrative regulation would improve Kentucky’s program.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to clarify that a producer, processor, or handler shall comply with the department's Quality Manual and application requirements in addition to the National Organic Program standards; (2) to amend Section 2 to: (a) clarify application and inspection procedures; (b) specify that fees shall be calculated in accordance with the Fee Schedule; (c) establish registration procedures for small operations; and (d) establish procedures for withdrawing a certification application or surrendering a certification; (3) to amend Section 3 to establish registration procedures for nonprofit, educational, or charitable organizations that have less than $5,000 gross sales of organic products; (4) to amend Section 4 to clarify membership requirements for the Organic Agricultural Advisory Committee; (5) to amend Section 5 to clarify procedures for requesting export documentation; and (6) to amend Section 6 to: (a) incorporate by reference additional required forms; and (b) make technical corrections to existing forms. Without objection, and with agreement of the agency, the amendments were approved.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Kentucky Board of Education: Department of Education: School Terms, Attendance and Operation
702 KAR 7:125. Pupil attendance. Kay Kennedy, director of district support, and Amy Peabody, assistant general counsel, represented the department.
In response to questions by Co-Chair Bell, Ms. Kennedy stated that this administrative regulation provided guidance for maintaining attendance records for purposes of the SEEK funding calculation. The actual attendance data, not estimates, were used on a daily and even an hourly basis, except for a provision for a substitution for inclement weather days.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 9 and 10 for clarity; and (2) to amend Section 12 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Office of Instruction
704 KAR 3:305. Minimum requirements for high school graduation. Kevin Brown, general counsel, and Karen Kidwell, division director, represented the department.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Community Based Services: Division of Family Support: K-TAP, Kentucky Works, Welfare to Work, State Supplementation
921 KAR 2:015 & E. Supplemental programs for persons who are aged, blind, or have a disability. Elizabeth Caywood, policy analyst; Virginia Carrington, assistant director; and Wendy Morris, deputy commissioner, represented the division.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1, 2, 3, 7, and 8 to update citations; (2) to amend Section 6 to clarify what shall be considered a major area of living; (3) to amend Section 9 to correct the starting date for the 2013 standard of need for individuals with serious mental illness; and (4) to amend Section 17 to make minor technical corrections to two (2) forms incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
Food Stamp Program
921 KAR 3:090 & E. Simplified assistance for the elderly program or "SAFE".
In response to questions by Representative Lee, Ms. Caywood stated that benefit amounts were being lowered because funding for federal portions of the program had been terminated. The actual benefit reductions were established in the material incorporated by reference. A one (1) person household would experience an eleven (11) dollar reduction, while a two (2) person household would experience a twenty (20) dollar reduction. Congress was still debating this issue, so it was not possible to determine if funding would be reinstituted or if further reductions would take place. Approximately 13,500 participants were enrolled, all of whom would be impacted. The vast majority of households were one (1) person households.
A motion was made and seconded to approve the following amendments: to amend Sections 3 and 6 for clarity. Without objection, and with agreement of the agency, the amendments were approved.
Other Business: Co-Chair Bell welcomed Senator Alice Forgy Kerr back to the Subcommittee. She replaced Senator Joe Bowen, who resigned from the Subcommittee.
The following administrative regulations were deferred to the February 10, 2014, meeting of the Subcommittee:
JUSTICE AND PUBLIC SAFETY CABINET: Department of Juvenile Justice: Child Welfare
505 KAR 1:130. Department of Juvenile Justice Policies and Procedures: juvenile services in community.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Kentucky Board of Education: Department of Education: Office of Learning Support Services
704 KAR 7:151. Repeal of 704 KAR 7:150.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Medicaid Services: Division of Community Alternatives: Certified Provider Requirements
907 KAR 7:005. Certified waiver provider requirements.
The Subcommittee adjourned at 1:50 p.m. until February 10, 2014 at 1:30 p.m.