Call to Order and Roll Call
The 1st meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, July 8, 2014, at 1:00 PM, in Room 149 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 Mary Lou Marzian, Co-Chair; Senators Perry B. Clark, and Alice Forgy Kerr; Representatives Robert R. Damron, Jimmie Lee, and Tommy Turner.
Guests: Alicia Sneed, Education Professional Standards Board; David Beyer, Jason Ford, Board of Dentistry; Ron Brooks, David Wicker; Department of Fish and Wildlife Resources; Amber Arnett, Department of Corrections; Kevin Brown, Amanda Ellis, David Wickersham, Department of Education; Mike Pettit, Chuck Stribling, Labor Cabinet; Trey Hieneman, Department of Alcoholic Beverage Control; Russell Coy, DJ Wasson, Department of Insurance; Elizabeth Caywood, Jason Dunn, Jennie Willson, Department for Community Based Services.
LRC Staff: Donna Little, Emily Caudill, Sarah Amburgey, Carrie Klaber, Emily Harkenrider, Karen Howard, Ange Bertholf, and Betsy Cupp.
The Administrative Regulation Review Subcommittee met on Tuesday, July 8, 2014, and submits this report:
Administrative Regulations Reviewed by the subcommittee:
EDUCATION PROFESSIONAL STANDARDS BOARD: Certification Procedures
16 KAR 4:060. Certificate renewals and teaching experience. 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.
GENERAL GOVERNMENT CABINET: Board of Dentistry: Board
201 KAR 8:550. Anesthesia and sedation. David Beyer, executive director, and Jason Ford, DMD, MD, president, represented the board.
In response to questions by Co-Chair Harris, Mr. Beyer stated that this administrative regulation was being amended to clarify the distinction between “administration” and “delivery” of nitrous oxide. Dr. Ford stated that a dental hygienist may “administer” nitrous oxide that may include titration, while a dental assistant shall only “deliver” nitrous oxide that was already prepared. Nitrous oxide was administered through a mask.
201 KAR 8:571. Registration of dental assistants.
A motion was made and seconded to approve the following amendment: to amend Section 7 to revise the Delegated Duty List incorporated by reference. Without objection, and with agreement of the agency, the amendment was approved.
TOURISM, ARTS AND HERITAGE CABINET: Kentucky Department of Fish and Wildlife Resources: Fish
301 KAR 1:201. Taking of fish by traditional fishing methods. Ron Brooks, fisheries director, and David Wicker, staff attorney, represented the department.
A motion was made and seconded to approve the following amendments: 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.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Office of the Secretary
501 KAR 6:110. Roederer Correctional Complex. Amber Arnett, staff attorney, represented the department.
In response to a question by Co-Chair Harris, Ms. Arnett stated that this administrative regulation was being amended as part of the regular review process. There had not been a particular incident or problem that precipitated the revision.
A motion was made and seconded to approve the following amendments: (1) to amend RCC 12-01-02 to clarify which items of furniture are assigned to an inmate and the rules for where those and other items can be placed; (2) to amend RCC 12-01-03 to clarify housekeeping rules for inmates working at night; (3) to amend RCC 10-01-02, 11-04-01, 13-16-01, 20-01-03, and 25-05-01 to make minor technical corrections; and (4) to amend Section 1 to change the edition dates for the revised policies. 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 Instruction
704 KAR 3:346. Repeal of 704 KAR 3:345. Kevin Brown, associate commissioner and general counsel; Dr. Amanda Ellis, associate commissioner; and David Wickersham, assistant general counsel, represented the department.
704 KAR 3:370. Professional Growth and Effectiveness System.
In response to questions by Co-Chair Harris, Mr. Brown stated that House Bill 180 of the 2013 Regular Session of the General Assembly established the statutory framework for the Professional Growth and Effectiveness System. Dr. Ellis stated that the prior evaluation system was vague and did not emphasize teacher growth and effectiveness. This system was more rigorous and comprehensive. Mr. Brown stated that a steering committee that included legislators met on these requirements for several years prior to House Bill 180 of the 2013 Regular Session of the General Assembly. Dr. Ellis stated that this system was used for teachers from preschool to high school and included all associated school leaders. This system established a standard, statewide framework to be administered by local school districts. The Education Professional Standards Board and universities were involved with the development to better prepare new teachers for this system. The Teacher Internship Program was integrated with the Professional Growth and Effectiveness System in an additional effort to prepare new teachers for the rigors of the system.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add citations; (2) to amend the STATUTORY AUTHORITY paragraph and Sections 1, 2, 5, 6, 7, 10, 11, 13, 14, 18, 19 and 20 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (3) to amend the material incorporated by reference to make a technical correction. Without objection, and with agreement of the agency, the amendments were approved.
LABOR CABINET: Department of Workplace Standards: Division of Occupational Safety and Health Compliance: Division of Occupational Safety and Health Education and Training: Occupational Safety and Health
803 KAR 2:300. General. Mike Pettit, safety standards specialist, and Chuck Stribling, federal – state coordinator, represented the division.
In response to questions by Co-Chair Harris, Mr. Stribling stated that these administrative regulations basically incorporated the changes that had occurred in the federal program. The agency did not receive public comments, and by the time the revisions reached the state level, the federal comment opportunities were fairly exhaustive. The main change pertained to power generation and distribution. Enforcement was somewhat delayed in order to ensure adequate time to comply. Most work was at the industrial level.
803 KAR 2:306. Occupational health and environmental controls.
803 KAR 2:308. Personal protective equipment.
803 KAR 2:309. General environmental controls.
803 KAR 2:314. Machinery and machine guarding.
803 KAR 2:317. Special industries.
803 KAR 2:318. Electrical.
803 KAR 2:400. Adoption of 29 C.F.R. 1926.1-6.
A motion was made and seconded to approve the following amendments: to amend Section 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
803 KAR 2:404. Personal protective and lifesaving equipment.
803 KAR 2:406. Signs, signals, and barricades.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to add a federal citation; and (2) 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.
803 KAR 2:412. Fall protection.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
803 KAR 2:421. Adoption of 29 C.F.R. Part 1926.950-968.
803 KAR 2:423. Adoption of 29 C.F.R. Part 1926.1050-1060.
803 KAR 2:500. Maritime employment.
803 KAR 2:505. Cranes and derricks in construction.
A motion was made and seconded to approve the following amendments: to amend Section 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
803 KAR 2:551. Repeal of 803 KAR 2:550.
PUBLIC PROTECTION CABINET: Department of Alcoholic Beverage Control: Advertising Distilled Spirits and Wine
804 KAR 1:100. General advertising practices. Trey Hieneman, legislative liaison, represented the department.
In response to a question by Co-Chair Harris, Mr. Hieneman stated that this administrative regulation prohibited a wholesaler from advertising the name of a retailer of the product. A retailer was not prohibited from advertising the name of the wholesaler.
In response to a question by Representative Damron, Mr. Hieneman stated that this administrative regulation did not apply to small farm wineries.
Department of Insurance: Financial Standards and Examination Division: Health Maintenance Organizations
806 KAR 38:100. Risk-based capital for health organizations. Russell Coy, insurance program manager, and DJ Wasson, administrative coordinator, represented the division.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to add 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 through 6, 8, 10, and 11 to comply with the drafting and formatting requirements of KRS Chapter 13A and for clarity. Without objection, and with agreement of the agency, the amendments were approved.
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 2:055. Hearings and appeals. Elizabeth Caywood, internal policy analyst, and Jason Dunn, director, represented the division.
A motion was made and seconded to amend Sections 1, 4, 12, and 13 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
921 KAR 2:060. Delegation of power for oaths and affirmations.
Supplemental Nutrition Assistance Program
921 KAR 3:030. Application process.
In response to a question by Co-Chair Harris, Ms. Caywood stated that the division was statutorily required to serve as a voter registration site.
921 KAR 3:042. Supplemental Nutrition Assistance Program Employment and Training Program.
In response to a question by Co-Chair Harris, Mr. Dunn stated that states had previously been exempt from fully implementing this program due to the economic downturn. Services included things such as transportation and child care assistance.
921 KAR 3:050. Claims and additional administrative provisions.
921 KAR 3:060. Administrative disqualification hearings and penalties.
921 KAR 3:070. Fair hearings.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 5, 8, 12, 16, and 17 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Commissioner's Office: Child Welfare
922 KAR 1:320. Service appeals. Elizabeth Caywood, internal policy analyst, represented the commissioner’s office.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph and Section 1 to update citations; and (2) to amend Section 1 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Division of Protection and Permanency: Child Welfare
922 KAR 1:480. Appeal of child abuse and neglect investigative findings.
In response to a question by Senator Clark, Ms. Caywood stated that this administrative regulation was being amended to delete language that was already established by statute. The statutory language allowed hearsay in an administrative hearing.
Other Business: A motion was made by Representative Lee and seconded by Representative Turner to nominate Representative Mary Lou Marzian as House Co-Chair of the subcommittee and to cease nominations. The motion was approved, and Representative Marzian was approved as House Co-Chair.
The following administrative regulations were deferred to the August 2014, meeting of the subcommittee:
GENERAL GOVERNMENT CABINET: Kentucky Real Estate Commission: Commission
201 KAR 11:011. Definitions for 201 KAR Chapter 11.
201 KAR 11:105. Advertising listed property; advertising public information about specific property; when consent and authorization of owner or principal broker is required.
201 KAR 11:121. Improper conduct.
Board of Licensure for Massage Therapy: Board
201 KAR 42:035. Application process, exam, and curriculum requirements.
201 KAR 42:040. Renewal.
201 KAR 42:060. Code of ethics and standards of practice for massage therapists.
201 KAR 42:080. Programs of massage therapy instruction.
201 KAR 42:110. Continuing education requirements.
TRANSPORTATION CABINET: Kentucky Bicycle and Bikeways Commission: Motorcycle and Bicycle Safety
601 KAR 14:020. Bicycle Safety standards.
Department of Highways: Division of Maintenance: Billboards
603 KAR 10:001. Definitions.
603 KAR 10:010. Static advertising devices.
603 KAR 10:020. Electronic advertising devices.
603 KAR 10:030. Removal of vegetation related to advertising devices.
CABINET FOR HEALTH AND FAMILY 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.
Controlled Substances
902 KAR 55:090. Exempt anabolic steroid products.
Department for Medicaid Services: Division of Policy and Operations: Hospital Service Coverage and Reimbursement
907 KAR 10:825. Diagnosis-related group (DRG) inpatient hospital reimbursement.
The subcommittee adjourned at 1:40 p.m.