Administrative Regulation Review Subcommittee

 

Minutes of the<MeetNo1> March Meeting

 

<MeetMDY1> March 10, 2015

 

Call to Order and Roll Call

 

The March meeting of the Administrative Regulation Review Subcommittee was held on<Day> Tuesday,<MeetMDY2> March 10, 2015, at<MeetTime> 10:00 AM, in<Room> Room 149 of the Capitol Annex. Representative Mary Lou Marzian, Chair, called the meeting to order, and the secretary called the roll.

 

Present were:

 

Members:<Members> Senator Ernie Harris, Co-Chair; Representative Mary Lou Marzian, Co-Chair; Senators Julie Raque Adams, Perry B. Clark, and Alice Forgy Kerr; Representatives Denver Butler and Tommy Turner.

 

Guests: Andy Crocker, Personnel Board; Ryan Barron, Doug Hendrix, Sandy Williams, Finance Cabinet; Nathan Goldman, Board of Nursing; Rhonda Tapp Edwards, Ryan Halloran, Camille Skubik-Peplaski, Board of Licensing for Occupational Therapy; Tom Veit, Real Estate Appraisers Board; Charles Bush, Mark Cramer, Chris Garland, Fish and Wildlife; Jason Glass, Clint Quarles, Department of Agriculture; and Amy Barker, Corrections.

 

LRC Staff:Donna Little, Sarah Amburgey, Carrie Klaber, Karen Howard, Emily Harkenrider, Ange Bertholf, and Betsy Cupp.

 

Call to Order and Roll Call

 

The March 2015 meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, March 10, 2015, at 10:00 a.m., in Room 149 of the Capitol Annex. Representative Mary Lou Marzian, Co-Chair, called the meeting to order, the roll call was taken. The minutes of the February 2015 meeting were approved.

 

Administrative Regulations Reviewed by the Subcommittee:

 

PERSONNEL BOARD: Board

 

101 KAR 1:325. Probationary periods. Andy Crocker, general counsel, represented the board.

 

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 3 to clarify provisions. Without objection, and with agreement of the agency, the amendments were approved.

 

FINANCE AND ADMINISTRATION CABINET: Office of the Secretary: Kentucky Private Activity Bond Allocation Committee

 

200 KAR 15:010 & E. Formula for allocation of private activity bonds. Doug Hendrix, deputy general counsel; Ryan Barrow, executive director, Office of Financial Management; and Sandy Williams, deputy executive director, represented the office.

 

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 citations; (2) to amend Sections 6, 7, 9, 10, and 12 to clarify provisions; and (3) to amend Sections 1, 6, 7, 8, 10, 14, and 15 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 Nursing: Board

 

201 KAR 20:057. Scope and standards of practice of advanced practice registered nurses. Nathan Goldman, general counsel, represented the board.

 

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph and Sections 5 and 6 to correct citations; and (2) to amend Sections 2 and 11 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

Board of Licensure for Occupational Therapy: Board

 

201 KAR 28:010. Definitions and abbreviations. Rhonda Tapp Edwards, board member; Ryan Halloran, assistant attorney general; and Camille Skubik-Peplaski, chair, represented the board.

 

A motion was made and seconded to approve the following amendments: (1) to amend the TITLE and Section 1 to comply with the drafting and formatting requirements of KRS Chapter 13A; (2) to amend the STATUTORY AUTHORITY paragraph to correct citations; and (3) 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. Without objection, and with agreement of the agency, the amendments were approved.

 

201 KAR 28:020. General provisions.

 

In response to questions by Co-Chair Harris, Ms. Skubik-Peplaski stated that this administrative regulation deleted the five (5) year limitation for reviewing the criminal history of a proposed licensee because the board believed it was in the public's best interest to review the entire criminal history. A conviction or civil violation did not automatically result in licensure denial. The board considered each conviction and civil violation prior to determining licensure.

 

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct citations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to correct a citation and to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

201 KAR 28:030. Short-term practice of occupational therapy for persons practicing under KRS 319A.090(1)(e).

 

A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct 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 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 28:060. Requirements for licensure.

 

In response to a question by Co-Chair Harris, Ms. Edwards stated that the board could absorb expenses related to the examinations from carryover funds.

 

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct 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 4 to comply with the drafting requirements of KRS Chapter 13A; (4) to amend Section 5 to update edition dates of the material incorporated by reference; and (5) to update material incorporated by reference to be consistent with the regulatory changes and to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

201 KAR 28:070. Examination.

 

In response to a question by Co-Chair Harris, Ms. Skubik-Peplaski stated that the thirty-five (35) dollar exam fee was borne by the licensee.

 

A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct 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 requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

201 KAR 28:090. Renewals.

 

A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 4 to comply with the drafting requirements of KRS Chapter 13A; (3) to amend Section 3 to clarify there are two (2) reinstatement applications, one (1) for an occupational therapist and one (1) for the occupational therapy assistant; (4) to amend Section 4 to delete the requirement to complete a jurisprudence exam to renew a license; (5) to amend Section 5 to update the edition date of the renewal application and to incorporate by reference both applications for reinstatement; and (6) to update the material incorporated by reference to conform with regulatory changes and to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

201 KAR 28:110. Fees.

 

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 the NECESSITY, FUNCTION, AND CONFORMITY paragraph to correct a citation and to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

201 KAR 28:130. Supervision of occupational therapy assistants, occupational therapy aides, occupational therapy students, and temporary permit holders.

 

201 KAR 28:140. Code of ethics and unprofessional conduct.

 

In response to a question by Co-Chair Harris, Ms. Edwards stated that this administrative regulation was being amended to reorganize requirements for ease of use.

 

A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct a citation; and (2) to amend 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.

 

201 KAR 28:170. Deep physical agent modalities.

 

A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct 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, 2, 4, and 6 to comply with the drafting requirements of KRS Chapter 13A; (4) to amend Section 2 to establish the certification fee of twenty-five (25) dollars; (5) to amend Section 4 to allow a previously approved DPAM supervisor to maintain supervisor status until June 1, 2015 after which only a licensed occupational therapist who meets the requirements of this administrative regulation will remain an active supervisor; (6) to amend Section 6 to incorporate by reference the DPAM Specialty Certification Application and DPAM Specialty Certification Supervisor Application; and (7) to update the material incorporated by reference to correct citations and to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

201 KAR 28:180. Temporary permits.

 

A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct 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 and 4 to comply with the drafting requirements of KRS Chapter 13A; and (4) to include the updated edition of the Supervision Temporary Permit Form. Without objection, and with agreement of the agency, the amendments were approved.

 

201 KAR 28:200. Continuing competence.

 

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 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.

 

201 KAR 28:220. Per diem of board members.

 

In response to a question by Co-Chair Harris, Ms. Skubik-Peplaski stated that the board met monthly and that there were usually at least four (4) board members present for each meeting. Because the board was experiencing an increasing workload greater than many similar boards, it was necessary to raise the board membersí per diem. For example, there were approximately 600 new licensees last year. The increased per diem would be reimbursed by carryover funds.

 

Real Estate Appraisers Board: Board

 

201 KAR 30:030. Types of appraisers required in federally related transactions; certification and licensure. Ryan Halloran, assistant attorney general, and Tom Veit, executive assistant, represented the board.

 

In response to a question by Co-Chair Harris, Mr. Veit stated that this administrative regulation provided an exemption for armed forces members.

 

A motion was made and seconded to approve the following amendments: (1) to amend Sections 3 and 4 to clarify that the armed forces exemption allows a member of the armed forces called to active duty during the specified time period additional time to complete the examination, education, and experience requirements pursuant to the 2008 Real Property Appraiser Qualification Criteria and those members are not required to complete the requirements in 201 KAR 30:050, 30:060, and 30:190 consistent with the new 2015 Real Property Appraiser Qualification Criteria required for all new applicants; and (2) to amend Section 5 to incorporate by reference the Real Property Appraiser Qualification Criteria. Without objection, and with agreement of the agency, the amendments were approved.

 

201 KAR 30:040. Standards of practice.

 

201 KAR 30:190. Educational requirements for certification.

 

In response to questions by Senator Clark, Mr. Veit stated that a licensure applicant shall have at least a four (4) year college degree, which is not required to be field specific. This requirement was the result of problems the board has recently had with insufficiently trained real estate appraisers. This would reduce the number of eligible applicants.

 

In response to questions by Co-Chair Harris, Mr. Veit stated that current licensees who did not meet the education requirements would be grandfathered in and able to maintain licensure unless the licensee failed to maintain licensure for some reason. The four (4) year college degree requirement was established in the authorizing statute.

 

201 KAR 30:200. Reciprocity requirements for applicants licensed or certified in another state.

 

A motion was made and seconded to approve the following amendments: to amend Sections 2 and 4 and the material incorporated by reference to comply with the drafting 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 2:176. Deer control tags, deer destruction permits, and landowner designees. Charles Bush, deputy commissioner; Mark Cramer, program coordinator; and Chris Garland, acting wildlife division director, represented the department.

 

A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 4, 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.

 

Hunting and Fishing

 

301 KAR 3:100. Special commission permits.

 

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a citation; and (2) to amend Sections 1, 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.

 

Department of Agriculture: Office of Consumer Protection: Egg Marketing

 

302 KAR 10:110. Egg lot consolidation. Jason Glass, assistant director, and Clint Quarles, staff attorney, represented the department.

 

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 through 4 to comply with the drafting 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 6:070. Kentucky Correctional Institution for Women. Amy Barker, assistant general counsel, represented the department.

 

In response to a question by Co-Chair Harris, Ms. Barker stated that this administrative regulation was part of the annual review of the policies and procedures for each correctional facility.

 

A motion was made and seconded to approve the following amendments: (1) to amend KCIW 10-01-01, 12-01-01, 13-04-02, 16-03-01, 18-05-03, and 21-01-01 to clarify procedures and make minor technical corrections; and (2) to amend Section 1 to update the edition dates of the revised policies. Without objection, and with agreement of the agency, the amendments were approved.

 

The following administrative regulations were deferred to the April 14, 2015, meeting of the Subcommittee:

 

FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Office of Income Taxation: Forms

 

103 KAR 3:040 & E. Income Tax Forms Manual.

 

TRANSPORTATION CABINET: Office of the Secretary: 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.

 

EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Board of Education: Department of Education: School Administration and Finance

 

702 KAR 3:320. Finance officer certification requirements.

 

Instructional Programs

 

705 KAR 4:250. Energy technology engineering career pathway.

 

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.

 

Department for Medicaid Services: Division of Provider Operations: Payment and Services

 

907 KAR 3:017 & E. Enhanced reimbursement for preventive and wellness services.

 

Division of Policy and Operations: Hospital Service Coverage and Reimbursement

 

907 KAR 10:825. Diagnosis-related group (DRG) inpatient hospital reimbursement.

 

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.

 

The Subcommittee adjourned at 10:25 a.m. until April 14, 2015, at 1 p.m.