Call to Order and Roll Call
The September meeting of the Administrative Regulation Review Subcommittee was held on Friday, September 12, 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 Sara Beth Gregory, and Alice Forgy Kerr; Representatives Robert R. Damron, Jimmie Lee, and Tommy Turner.
Guests: Alicia Sneed, Legal Services; Michael Burleson, Board of Pharmacy; Ronnie Harris, Real Estate Commission; Clint Quarles, Department of Agriculture; Dana Todd, Justice & Public Safety Cabinet; LaShana Harris, LaDonna Koebel, Kris Mann, Kevin Warform, Department of Juvenile Justice; Todd Shipp, Department of Transportation; Robert Curry, Brian Gupton, Rosemary Holbrook, Clay Lamb, Sarah Levy, Michelle McElmurray, Commission on Proprietary Education; Freddie Higdon, Steve Humphress, Alcoholic Beverage Control; Stephanie Bell, Jeff Derouen, Daniel Hinton, Ann Ramser, Public Service Commission; Diona Mullins, Office of Health Policy; Julie Brooks, Paula Goff, Allyson Taylor, Department of Public Health; Stuart Owen, Department of Medicaid Services; Victoria Elridge, Phyllis Sosa, Department for Aging and Independent Living.
LRC Staff: Donna Little, Emily Caudill, Sarah Amburgey, Carrie Klaber, Emily Harkenrider, Karen Howard, Angela Bertholf, and Betsy Cupp.
The Administrative Regulation Review Subcommittee met on Friday, September 12, 2014, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
EDUCATION PROFESSIONAL STANDARDS BOARD: Alternative Routes to Certification
16 KAR 9:080. University-based alternative certification program. Alicia Sneed, director of legal services, represented the board.
In response to questions by Co-Chair Harris, Ms. Sneed stated that the alternative certification program was established for people who do not have a teaching certificate but who have expertise in specialized fields and want to teach in grades P–12.
A motion was made and seconded to approve the following amendments: (1) To amend the RELATES TO paragraph to add a statutory citation; and (2) to amend Section 12 for clarity. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT CABINET: Board of Pharmacy: Board
201 KAR 2:030. License transfer. Michael Burleson, executive director, represented the board.
In response to questions by Co-Chair Harris, Mr. Burleson stated that this administrative regulation established that an applicant seeking licensure in Kentucky by reciprocity from another state may apply for licensure as early as the score transfer, which may be up to ninety (90) days after the examination. The applicant no longer had to wait one (1) year from the date of license by another state pharmacy board.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2 and 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 2:040. Registration of pharmacist interns.
In response to a question by Co-Chair Harris, Mr. Burleson stated that, if a licensee was charged with an offense, the board would be notified and begin an investigative procedure. Action was not taken until the procedure ran its full course.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 7 and 8 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Real Estate Commission: Commission
201 KAR 11:011. Definitions for 201 KAR Chapter 11. Ronnie Harris, general counsel, represented the commission.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 1 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 11:105. Advertising listed property; advertising public information about specific property; when consent and authorization of owner or principal broker is required.
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 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 11:121. Improper conduct.
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.
DEPARTMENT OF AGRICULTURE: Office of State Veterinarian: Division of Animal Health: Livestock Sanitation
302 KAR 20:066. Chronic wasting disease surveillance in farmed cervids. Clint Quarles, staff attorney, represented the division.
In response to a question by Co-Chair Harris, Mr. Quarles stated that Kentucky was not currently experiencing agricultural problems pertaining to chronic wasting disease; however, the division wanted to stay ahead of the issue. Kentucky was the first state federally approved for its monitoring program regarding chronic wasting disease.
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 Sections 3, 4, 11, and 12 to update citations; (3) to amend Section 3 to clarify that inventories shall be conducted by the owner with a representative from the state veterinarian's office; and (4) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 3, and 13 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: Kentucky Law Enforcement Council: Council
503 KAR 1:060. Definitions for 503 KAR Chapter 1. Dana Todd, assistant general counsel, represented the cabinet.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Section 1 to update statutory 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.
503 KAR 1:120. Professional development in-service training: graduation requirements; recognized courses; records.
In response to questions by Co-Chair Harris, Ms. Todd stated that the council had achieved compliance with the previous limit of twenty (20) percent excused absences from training; however, the council wanted to ensure rigorous training by reducing the limit of excused absences to ten (10) percent. The training was typically a forty (40) hour course.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 4 to update citations; and (2) to amend Sections 2 and 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Division of Driver Licensing: Commercial Driver’s License
601 KAR 11:030. Restrictions and endorsements on commercial driver’s licenses. Todd Shipp, staff attorney, represented the division.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Commission on Proprietary Education: Commission
791 KAR 1:010. Applications, permits and renewals. Robert Curry, acting executive director; Clay Lamb, staff attorney; and Rosemary Holbrook, staff attorney, represented the commission.
In response to questions by Co-Chair Harris, Ms. Lamb stated that these administrative regulations required that advertisements regarding job placement rates include jobs within the field of study. The commission was raising fees because currently there were not enough funds for a permanent director, rent, attorney’s fees, and other operating expenses. After the dissolution of the previous regulatory body and the creation of the commission, new responsibilities and recent audits also resulted in new expenses. The commission had been in place in the current form for two (2) years.
Co-Chair Harris stated that, because the commission was new and had only been in operation for two (2) years, it should proceed carefully to fulfill its new mandates.
Senator Gregory thanked the commission for working with commercial driver license schools and stakeholders to reach an agreement for these requirements.
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 Sections 2 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.
791 KAR 1:020. Standards for licensure.
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 Sections 1, 2, 5, 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.
791 KAR 1:025. Fees.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct statutory citations; and (2) to amend Sections 2, 3, 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.
791 KAR 1:030. Procedures for hearings.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct statutory citations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 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.
791 KAR 1:035. Student protection fund.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph 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 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.
791 KAR 1:050. Application for license for commercial driver license training school.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph 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 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.
791 KAR 1:060. Application for renewal of license for commercial driver license training school.
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.222; and (3) to amend 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.
791 KAR 1:070. Commercial driver license training school instructor and agent application and renewal procedures.
A motion was made and seconded to approve the following amendments: to amend the STATUTORY AUTHORITY and the NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 2, 3, 4, and 6 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
791 KAR 1:091. Repeal of 791 KAR 1:090.
PUBLIC PROTECTION CABINET: Department of Alcoholic Beverage Control: Licensing
804 KAR 4:230 & E. Extended hours supplemental licenses. Fred Higdon, commissioner; Steve Humphress, general counsel; and Christina Smith, legislative liaison, represented the department.
In response to questions by Co-Chair Harris, Mr. Humphress stated that these licenses were for Sunday only and were considered extended supplemental licenses, separate from local licenses. These licenses were for venues such as airports, convention centers, and historic sites.
In response to a question by Representative Lee, Mr. Humphress stated that small distillers may be licensed for sampling (tastings), depending on the designation of the county. For example, a license could not be issued to a wet city in a dry county.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations. Without objection, and with agreement of the agency, the amendments were approved.
804 KAR 4:351. Repeal of 804 KAR 4:070, 804 KAR 4:350, and 804 KAR 4:420.
804 KAR 4:400 & E. ABC basic application and renewal form incorporated by reference.
A motion was made and seconded to approve the following amendments: (1) to amend the Basic Application form to: (a) update citations; (b) replace references to paper registration forms with references to the new online registration process; and (c) have an applicant acknowledge that if a license transfer is not approved, the license surrender is void; and (2) to amend Section 2 to change the edition date of the revised basic application form. Without objection, and with agreement of the agency, the amendments were approved.
804 KAR 4:410 & E. Special applications and registration forms incorporated by reference.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct a statutory citation; (2) to amend Sections 2 and 3 to replace the paper registration forms with an online registration process; (3) to amend the Out-of-State Producer/Supplier form and the Special Temporary License Application form to reference the new online registration process, to: (a) update references; and (b) make minor technical corrections; and (4) to amend Section 3 to change the edition date of the revised forms. Without objection, and with agreement of the agency, the amendments were approved.
Malt Beverages and Wine
804 KAR 14:010. Malt beverage and wine for personal use.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct statutory citations. Without objection, and with agreement of the agency, the amendments were approved.
ENERGY AND ENVIRONMENT CABINET: Public Service Commission: Utilities
807 KAR 5:001. Rules of procedure. Stephanie Bell, deputy executive director; Jeff Derouen, executive director; and Ann Ramser, staff attorney, represented the commission.
In response to questions by Co-Chair Harris, Mr. Derouen stated that, in 2013, the commission’s authorizing statute was amended to require a water district requesting a fee increase to present testimony to its governing body. That requirement was subsequently deleted from the statute; therefore, this administrative regulation was amended accordingly. Ms. Bell stated that there was some ambiguity regarding how a fiscal court operated in conjunction with the commission, but the commission had the authority to prevent inappropriate fee increases. These administrative regulations provided for consistency with various facilities that provide notification electronically.
A motion was made and seconded to approve the following amendments: to amend Sections 4, 11, 13, 16, 20, 21, and 23 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
807 KAR 5:011. Tariffs.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add statutory citations; and (2) to amend Sections 9 and 10 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
807 KAR 5:068. Purchased water adjustment for water districts and water associations.
807 KAR 5:069. Filing requirements and procedures for federally funded construction project of a water association, a water district, or a combined water, gas, or sewer district.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE; the NECESSITY, FUNCTION, AND CONFORMITY paragraph; and Section 2 to make technical corrections; and (2) to amend the RELATES TO paragraph to add statutory citations. Without objection, and with agreement of the agency, the amendments were approved.
807 KAR 5:075. Treated sewage adjustment for water districts and water associations.
807 KAR 5:076. Alternative rate adjustment procedure for small utilities.
State Board on Electric Generation and Transmission Siting: Utilities
807 KAR 5:110. Board proceedings.
A motion was made and seconded to approve the following amendments: to amend Sections 5 and 9 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 Service Commission: Utilities
807 KAR 5:120. Applications for certificate of public convenience and necessity for certain electric transmission lines.
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 and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: Certificate of Need
900 KAR 6:070. Certificate of Need considerations for formal review. Diona Mullins, policy adviser, represented the cabinet.
In response to a question by Co-Chair Harris, Ms. Mullins stated that concerns had arisen during the public comment period regarding the formal review procedures. The cabinet revised the pertinent portions in the Amended After Comments version of this administrative regulation to revert to the original process requirements. There was a distinction between the certificate of need process and matters of compliance with the state health plan. The cabinet’s intent was to keep those procedures clearly separate.
Representative Lee stated that the Kentucky Hospital Association was concerned about the initially proposed change because it deleted an important review step. Those concerned stakeholders seemed comfortable once the language was reverted in the Amended After Comments version.
A motion was made and seconded to approve the following amendments: to amend Section 2 to comply with the drafting requirements of KRS 13A.222. Without objection, and with agreement of the agency, the amendments were approved.
Data Reporting and Public Use Data Sets
900 KAR 7:030. Data reporting by health care providers.
Department for Public Health: Division of Maternal and Child Health: Kentucky Early Intervention System
902 KAR 30:001. Definitions for 902 KAR Chapter 30. Julie Brooks, health program administrator; Paula Goff, branch manager; and Allyson Taylor, chief of staff, represented the cabinet.
In response to a question by Co-Chair Harris, Ms. Taylor stated that the revisions to these administrative regulations were precipitated by corresponding federal revisions. The First Steps Program was not changing overall; however, minor changes were being made to various components of the program. The biggest change was an attempt to fortify efforts to locate children who would be eligible because there seemed to be many eligible children who were not being referred to the program. Additionally, requirements for providers were being updated, as were fees and the use of private insurance. The sliding scale for fees was being amended to raise the threshold and reduce rates. The maximum fee would be $400 per month. There was now an option to bill private insurance in lieu of the family fee if the applicant agreed.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct a statutory citation; 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.
902 KAR 30:110. Point of Entry and service coordination.
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.
902 KAR 30:120. Evaluation and eligibility.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct citations; and (2) to amend Sections 1 and 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 30:130. Assessment, service planning, and assistive technology.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph 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.
902 KAR 30:150. Personnel qualifications.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 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.
902 KAR 30:160. Covered services.
902 KAR 30:180. Procedural safeguards.
902 KAR 30:200. Coverage and payment for services.
Department for Medicaid Services: Division of Community Alternatives: Medicaid Services
907 KAR 1:835. Michelle P. waiver services and reimbursement. Stuart Owen, regulation coordinator, represented the department.
Representative Lee stated that he expected discussion of this program in the future because the CMS cap had been reached and there were many applicants still on the waiting list. The program was initially for those eighteen (18) years and older; however, currently approximately forty (40) percent of participants were under eighteen (18) years, some as young as five (5) months. The assessment process was developed for adults and often was insufficient for younger applicants. In response, Mr. Owen stated the cabinet’s agreement and provided the example that the assessment included questions about if the participant needed help bathing. Any small child would need help bathing; therefore, the assessment was insufficient to determine if a small child should be eligible.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to define “certified psychologist” and “licensed psychological associate”; (2) to amend Section 6 to delete the enrollment provisions applicable to the program’s initial enrollment in 2008; (3) to amend Section 10 to delete provisions requiring medication errors to be reported on a specific form; (4) to amend Section 11 to delete provisions that required removal of an individual from the Michelle P. Waiver Program waiting list after a documented attempt to contact or locate the individual or the individual’s legal representative; and (5) to amend Sections 1 through 16 to comply with the drafting and formatting 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 Quality Living: Aging Services
910 KAR 1:180. Homecare program for the elderly. Victoria Elridge, deputy commissioner, and Phyllis Sosa, staff assistant, represented the cabinet.
The following administrative regulations were deferred to the October 14, 2014, meeting of the Subcommittee:
GENERAL GOVERNMENT CABINET: Board of Embalmers and Funeral Directors: Board
201 KAR 15:015. Per diem compensation of board members.
Board of Licensed Professional Counselors: Board
201 KAR 36:060. Qualifying experience under supervision.
201 KAR 36:080. Inactive and retired licensure status.
ENERGY AND ENVIRONMENT CABINET: Department of Environmental Protection: Division of Water: Public Water Supply
401 KAR 8:300. Lead and copper.
401 KAR 8:700. Bottled water.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Office of the Secretary
501 KAR 6:060. Northpoint Training Center.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Juvenile Justice: Child Welfare
505 KAR 1:110. Department of Juvenile Justice Policies and Procedures: program services. LaDonna Koebel, assistant general counsel; Kris Mann, director; and Kevin Warform, manager, Quality Assurance Branch, represented the department. Bill Dolan, Protection and Advocacy, appeared in support of deferral of this administrative regulation.
In response to questions by Co-Chair Harris, Ms. Koebel stated that this administrative regulation was being substantively amended after the public comment period had ended because the accreditation association had revised national standards, and the department needed to revise requirements commensurately in order to maintain accreditation, which was to be considered in December 2014. The department notified RegWatch, Protection and Advocacy, and the Department for Public Advocacy of the initial proposed administrative regulation. The department then received public comments in response and further amended this administrative regulation in response to those comments. Afterward, internal staff and the Department for Public Advocacy noticed errors, both typographic and substantive. She stated that Subcommittee staff told her that the department had the option to correct those as part of the Amended After Comments version of this administrative regulation or as part of an amendment prior to Subcommittee consideration. The department notified those who had made the additional comments of the proposed agency amendment.
Co-Chair Harris stated that technical amendments, such as typographical corrections, were appropriate, but it was inappropriate to use an agency amendment to circumvent public notification requirements. It was a bad precedent to establish. Additionally, he stated that he was concerned that the amendment deleted the requirement for parent notification if a child was put into restraint and was injured as a result. Ms. Koebel stated that the parent was notified if an injury required more than first aid.
In response to a question by Representative Turner, Ms. Koebel stated that the department was leery of deferring because this administrative regulation needed to be in place for the accreditation consideration in December 2014. Mr. Warform stated that the department had to have this administrative regulation in place by December, and also had to have the Standard Operating Procedures drafted and in place.
Representative Lee stated that even perceived changes of this magnitude needed the support of Protection and Advocacy. Mr. Dolan stated that Protection and Advocacy supported deferral of this administrative regulation in order to fully consider ramifications of any of these amendments.
A motion was made and seconded to request that the department defer consideration of this administrative regulation to the October 14 Subcommittee meeting. Ms. Koebel agreed to the deferral.
The proposed agency amendments included the following: (1) to amend policy 300 to clarify definitions; (2) to amend policy 300.1 to require annual rather than periodic assessment of the collective service needs of program youth; (3) to amend policy 300.2 to require admission letters to be mailed within seven rather than fourteen days to the committing judge; (4) to amend policy 301 to delete screening requirements that are contained in another policy; (5) to amend policy 301.1 to require the personal property inventory to be kept in the youth's individual client record and to delete the provision that allowed jewelry, including medical alert jewelry and religious medallions, to be worn upon approval; (6) to amend policy 301.2 to limit culturally sensitive hair care maintenance to when a licensed professional is available and to remove hair setting and maintenance of existing cornrows from the provided services; (7) to amend policy 310 to require facility mail, telephone, and visitation procedures to be reviewed annually; (8) to amend policy 315 to allow a facility to maintain a petty cash fund of $100 from the youth activity account fund for certain specified uses; (9) to amend policy 317 to except the Cadet Leadership and Education Program from the prohibition against using exercise as punishment and to limit the allowed exercise to the Exercise of the Day; (10) to amend policy 318.2 to clarify that when a juvenile signs a disciplinary report, he is verifying that he received the report and had an opportunity to respond rather than its accuracy; (11) to amend policy 319 to reduce the youth worker to juvenile staffing ratio at youth development centers from 1:16 to 1:12 and to reduce the staff ratio at group homes from 1:8 to 2:8 except when the youth are at school; (12) to amend policy 321 to delete the requirement that a youth's parent and juvenile service worker be notified of the use of restraints resulting in injury; (13) to amend policy 324 to delete the requirement that a youth's parent and juvenile service worker be notified within twenty-four hours if the youth was restrained; (14) to amend policy 325 to require strip search procedures to be reviewed rather than reviewed and authorized by the director of medical services and the superintendent; (15) to amend policy 327 to require documented notification of a parent within two hours of a juvenile's unexpected absence from a day treatment program, foster care placement, or private child care agency; (16) to amend policy 329 to delete procedures for weekly progress summaries; (17) to amend policy 332 to require notification of a furlough seven rather than ten days before the furlough; (18) to amend policy 344 to require youths in group homes to receive library services though local school districts; (19) to amend policy 345 to require a response to a dietary request within seven business days; (20) to amend policy 347 to renumber it as 347.1 and to align the procedures for various sentence credits for youthful offenders with KRS 197.045; (21) to amend policy 351 to align the parole hearing procedures for youthful offenders with KRS 439.340; (22) to amend policies 300, 300.2-303, 307, 308, 310, 315-318.1, 318.3, 319, 321-329, 331, 332, 334.2, 345, 347.1, and 351 to make minor clarifications and technical changes; and (23) to amend Section 1 to change the edition date for the revised policies.
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: Office of Health Policy: Certificate of Need
900 KAR 6:055. Certificate of Need forms.
900 KAR 6:075. Certificate of Need nonsubstantive review.
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 2:10 p.m. until October 14, 2014 at 1 p.m.