Call to Order and Roll Call
The November meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, November 10, 2015, at 1:00 PM, in 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: Senator Ernie Harris, Co-Chair; Representative Mary Lou Marzian, Co-Chair; Senators Perry B. Clark, Alice Forgy Kerr; Representatives Denver Butler, and Tommy Turner.
Guests: Sharron Burton, Personnel Cabinet; Steve Hart, Cheryl LaLonde, Board of Pharmacy; Karalee Oldenkamp, Board of Chiropractic Examiners; Louis Kelly, Board of Physical Therapy; Nicole Biddle, Robert Levine, Board of Podiatry; Brian Judy, Dr. Owen Nichols, Board of Examiners of Psychology; Nicole Biddle, Larry Disney, Tom Veit, Board of Real Estate Appraisers; Mary Badami, Nicole Biddle, Board of Marriage and Family Therapy; Matt Jones, Board of Licensed Diabetes Educators; Ron Brook, Karen Waldrop, David Wicker, Department of Fish and Wildlife Resources; John Enochs, Katie Smith, Cabinet for Economic Development; Amy Barker, Department of Corrections; Mark Cook, Miranda Denney, LaDonna Koebel, Veronica Koontz, Kris Mann, Kristie Stutler, Department of Juvenile Justice; Ann Dangelo, Rodney Kuhl, Rick Taylor, Transportation Cabinet; David Couch, Bob Hackworth, Lisa Moore, Amy Peabody, Department of Education; Paul Gannoe, Barry Poynter, Eastern Kentucky University; Charles Lowther, Department of Workers’ Claims; Steve Humphress, Melissa McQueen, Department of Alcoholic Beverage Control; Mark Guilfoil, Dr. Mary Scollay, Susan Speckert, Horse Racing Commission; Noelle Bailey, Scott Jones, Department of Charitable Gaming; Diona Mullins, Office of Health Policy; Deborah Anderson, Victoria Elridge, Phyllis Sosa, Bob White, Department for Aging and Independent Living; Raymond Trybus, Walden College; Vanessa Paddy, Kentucky Coordinating Body of American Association of Diabetes Educators.
LRC Staff: Sarah Amburgey, Ange Bertholf, Emily Caudill, Betsy Cupp, Emily Harkenrider, Karen Howard, Carrie Klaber, and Donna Little.
Present were:
Members: Senators, Perry Clark, Ernie Harris, Alice Forgy Kerr and Representatives Denver Butler, Mary Lou Marzian and Tommy Turner.
LRC Staff: Sarah Amburgey, Ange Bertholf, Emily Caudill, Betsy Cupp, Emily Harkenrider, Karen Howard, Carrie Klaber, and Donna Little.
Guests: Sharron Burton, Personnel Cabinet; Steve Hart, Cheryl Lalonde, Board of Pharmacy; Karalee Oldenkamp, Board of Chiropractic Examiners; Louis Kelly, Board of Physical Therapy; Nicole Biddle, Robert Levine, Board of Podiatry; Brian Judy, Dr. Owen Nichols; Board of Examiners of Psychology; Nicole Biddle, Larry Disney, Tom Veit, Board of Real Estate Appraisers; Mary Badami, Nicole Biddle, Board of Marriage and Family Therapy; Matt Jones, Board of Licensed Diabetes Educators; Ron Brook, Karen Waldrop, David Wicker, Department of Fish and Wildlife Resources; John Enochs, Katie Smith, Cabinet for Economic Development; Amy Barker, Department of Corrections; Mark Cook, Miranda Denney, LaDonna Koebel, Veronica Koontz, Kris Mann, Kristie Stutler, Department of Juvenile Justice; Ann Dangelo, Rodney Kuhl, Rick Taylor, Department of Transportation; David Couch, Bob Hackworth, Lisa Moore, Amy Peabody, Department of Education; Paul Gannoe, Barry Poynter, Eastern Kentucky University; Charles Lowther, Department of Workers’ Claims; Steve Humphress, Melissa McQueen, Department of Alcoholic Beverage Control; Mark Guilfoil, Dr. Mary Scollay, Susan Speckert, Kentucky Horse Racing Commission; Noelle Bailey, Scott Jones, Department of Charitable Gaming; Diona Mullins, Office of Health Policy; Deborah Anderson, Victoria Elridge, Phyllis Sosa, Bob White, Department for Aging and Independent Living; Raymond Trybus, Walden College; Vanessa Paddy, Kentucky Coordinating Body of American Association of Diabetes Educators.
Administrative Regulations Reviewed by the Subcommittee:
PERSONNEL CABINET: Office of the Secretary: Personnel Cabinet; Classified
101 KAR 2:210 & E. 2016 Plan Year Handbook for the public employee health insurance program. Sharron Burton, deputy executive director, Office of Legal Services, represented the cabinet.
GENERAL GOVERNMENT CABINET: Board of Pharmacy: Board
201 KAR 2:220. Collaborative care agreements. Steve Hart, executive director, and Cheryl LaLonde, general counsel, represented the board.
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 and 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Chiropractic Examiners: Board
201 KAR 21:015. Code of ethical conduct and standards of practice. Karalee Oldenkamp, D.C., executive director, represented the board.
In response to a question by Co-Chair Harris, Dr. Oldenkamp stated that a U.S. District Court upheld 2015 House Bill 153, which prohibited licensees from contacting or causing to be contacted an injured person; however, the commensurate provision in this administrative regulation was questionable because a time limit was not established. In order to prevent further loss of board funds through litigation, the board opted to delete the provision from this administrative regulation and rely on the statutory provisions alone.
Board of Physical Therapy: Board
201 KAR 22:020. Eligibility and credentialing procedure. Louis Kelly, general counsel, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend Section 2 to clarify that retakes of the examination and the remediation provisions shall only apply to an applicant for licensure or certification; (2) to amend Section 4 to clarify that retakes of an examination or remediation shall not apply to an applicant for a temporary permit; and (3) to amend Sections 5 and 7 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 22:040. Procedure for renewal or reinstatement of a credential for a physical therapist or physical therapist assistant.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 and 2 to comply with the drafting requirements of KRS Chapter 13A; and (2) to add the edition date on both forms incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 22:070. Requirements for foreign-educated physical therapists.
A motion was made and seconded to approve the following amendments: to amend Section 3 to update the edition dates of the material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
Board of Podiatry: Board
201 KAR 25:011. Approved schools; examination application; fees. Nicole Biddle, assistant attorney general, and Robert Levine, chair, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE, RELATES TO paragraph, and Sections 1, 2, 3, and 6 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend Section 3 to require both a state and federal background check to be consistent with KRS 218A.205(7). Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 25:021. Annual renewal of licenses, fees.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 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 25:031. Continuing education.
A motion was made and seconded to approve the following amendments: to amend Sections 3, 5, and 7 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Examiners of Psychology: Board
201 KAR 26:121. Scope of practice and dual licensure. Brian Judy, assistant attorney general, and Dr. Owen Nichols, board chair and psychologist, represented the board.
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 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 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 26:175. Continuing education.
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, 3, 5, 6, and 7 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 26:200. Definitions of terms used by the Board of Examiners of Psychology for meeting education requirements for licensure as a licensed psychologist.
In response to a question by Co-Chair Harris, Mr. Judy stated that education requirements for licensure varied from state to state. Some states allowed online courses. This administrative regulation established a blended requirement mixing hours obtained traditionally on campus as well as online. This standard benefited patients by increasing access through increased licensure. Dr. Nichols stated that licensees still received extensive practicum in the educational programs prior to licensure. Licensees still had doctoral training and supervised experiences.
A motion was made and seconded to approve the following amendments: to amend the TITLE; 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.
Real Estate Appraisers Board: Board
201 KAR 30:050. Examination and experience requirement. Nicole Biddle, assistant attorney general; Larry Disney, executive director; and Tom Veit, executive assistant, represented the board.
In response to a question by Co-Chair Harris, Mr. Disney stated that this administrative regulation allowed more hands-on experience, rather than evaluation of the experience of others.
201 KAR 30:380. Individual appraiser license renewal and fee.
Board of Licensure of Marriage and Family Therapists: Board
201 KAR 32:025. Marriage and family therapist associate. Mary Badami, LMFT, chair, and Nicole Biddle, assistant attorney general, represented the board.
A motion was made and seconded to approve the following amendments: 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.
201 KAR 32:035. Supervision of marriage and family therapist associates.
A motion was made and seconded to approve the following amendments: to amend Sections 2 and 10 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 32:045. Examination.
A motion was made and seconded to approve the following amendment: to amend Section 1 to include a cross-reference citation to 201 KAR 32:030, which establishes the referenced fees. Without objection, and with agreement of the agency, the amendment was approved.
201 KAR 32:060. Continuing education requirements.
In response to questions by Co-Chair Harris, Ms. Badami stated that continuing education requirements pertaining to suicide were added to comply with the authorizing statute. The requirement was one (1), six (6) hour course, rather than six (6), one (1) hour courses, every six (6) years. Licensed marriage and family therapists were required to obtain at least fifteen (15) continuing education hours annually, and associates were required to obtain at least ten (10) continuing education hours annually.
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 the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 4, 6, and 7 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: Fish
301 KAR 1:161. Repeal of 301 KAR 1:160. Ron Brooks, fisheries director; Karen Waldrop, deputy commissioner; and David Wicker, general counsel, represented the department.
In response to a question by Co-Chair Harris, Mr. Brooks stated that the Farm Pond Stocking program was being terminated in order to reallocate those funds to the Fishing in Neighborhoods program, which was very successful and provided opportunities for fishing to many who would not normally have an opportunity, such as those who live in inner-city areas, senior citizens, and those who need ADA accommodations. The department would still assist those seeking to stock farm ponds; however, the actual suppliers would now tend to be private suppliers.
301 KAR 1:410. Taking of fish by nontraditional fishing methods.
Game
301 KAR 2:225 & E. Dove, wood duck, teal, and other migratory game bird hunting.
CABINET FOR ECONOMIC DEVELOPMENT: Economic Development Finance Authority: Authority
307 KAR 1:005. Applications for Kentucky Incentive Programs. John Enochs, senior attorney, and Katie Smith, executive director, represented the authority.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to add a citation; and (2) to amend Section 9 for clarity and consistency. 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 6:050. Luther Luckett Correctional Complex. Amy Barker, assistant general counsel, represented the department.
A motion was made and seconded to approve the following amendments: to amend Section 1 and the material incorporated by reference to: (1) correct a policy number; (2) clarify behavior watch procedures; and (3) comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department of Juvenile Justice: Child Welfare
505 KAR 1:100 & E. Department of Juvenile Justice Policies and Procedures: admissions. Miranda Denney, deputy commissioner; LaDonna Koebel, assistant general counsel; and Kristie Stutler, administrative coordinator, represented the department.
505 KAR 1:110 & E. Department of Juvenile Justice Policy and Procedures Manual: program services.
505 KAR 1:130 & E. Department of Juvenile Justice Policies and Procedures: juvenile services in community.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Division of Motor Carriers: Motor Carriers
601 KAR 1:113 & E. Transportation network company. Ann D’Angelo, assistant general counsel; Rodney Kuhl, commissioner; and Rick Taylor, deputy commissioner, represented the division.
Co-Chair Harris thanked the cabinet for working with the industry to reach an agreement regarding this administrative regulation.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add citations; and (2) to amend Sections 2 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.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Board of Education: Department of Education: General Admission
702 KAR 1:170. School district data security and breach procedures. David Couch, chief information officer; Robert Hackworth, chief information security officer; and Amy Peabody, assistant general counsel, represented the department.
In response to questions by Co-Chair Harris, Mr. Hackworth stated that this administrative regulation established education on how to prevent and manage a security breach. Each year, each school board would consider security measures regarding preventing and managing a security breach. The boards would consider how to reach a board-specific balance between risk and cost, using best practices guidelines.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, and 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, these amendments were approved.
EASTERN KENTUCKY UNIVERSITY: Board of Regents
775 KAR 1:070. Capital construction procedures. Paul Gannoe, director of capital construction, and Barry Poynter, vice president of finance, 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 1 to clarify that the EKU Board of Regents is electing to perform these duties and subsequently, delegating these duties to the President of EKU, which is more consistent with the authorizing language in KRS 164A.630. Without objection, and with agreement of the agency, the amendments were approved.
LABOR CABINET: Department of Workers’ Claims: Workers’ Claims
803 KAR 25:185. Procedure for e-mail notification of cancellation or removal of location of specific workers’ compensation coverage. Dwight Lovan, commissioner, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add citations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and 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.
PUBLIC PROTECTION CABINET: Department of Alcoholic Beverage Control: Licensing
804 KAR 4:015 & E. Interlocking substantial interest between licensees prohibited. Steve Humphress, general counsel, and Melissa McQueen, 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 and 6 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Local Administrators
804 KAR 10:031. Local government regulatory license fees.
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 2 through 7 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Horse Racing Commission: Thoroughbred Racing
810 KAR 1:018. Medication; testing procedures; prohibited practices. Marc Guilfoil, director of racing; Dr. Mary Scollay, equine medical director; and Susan Speckert, general counsel, represented the commission.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to add a citation; and (2) to amend Sections 1, 2, 6, 12, and 20 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
810 KAR 1:028. Disciplinary measures and penalties.
A motion was made and seconded to approve the following amendments: to amend Section 1 to correct the proper name of the withdrawal guidelines. Without objection, and with agreement of the agency, the amendments were approved.
810 KAR 1:040. Drug, medication, and substance classification schedule and withdrawal guidelines.
Harness Racing
811 KAR 1:090. Medication; testing procedures; prohibited practices.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to add a citation; and (2) to amend Sections 1, 2, 6, 12, and 20 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
811 KAR 1:093. Drug, medication, and substance classification schedule and withdrawal guidelines.
811 KAR 1:095. Disciplinary measures and penalties.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to correct the proper name of the withdrawal guidelines; and (2) to amend Sections 1, 2, 4, 9, and 11 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Quarter Horse, Appaloosa and Arabian Racing
811 KAR 2:093. Drug, medication, and substance classification schedule and withdrawal guidelines.
811 KAR 2:096. Medication; testing procedures; prohibited practices.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to add a citation; and (2) to amend Sections 1, 2, 6, 12, and 20 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
811 KAR 2:100. Disciplinary measures and penalties.
A motion was made and seconded to approve the following amendments: to amend Section 1 to correct the proper name of the withdrawal guidelines. Without objection, and with agreement of the agency, the amendments were approved.
Department of Charitable Gaming: Charitable Gaming
820 KAR 1:005. Exempt Organizations. Noelle Bailey, general counsel, and Scott Jones, commissioner, represented the department.
820 KAR 1:015. Issuance of annual license for a charitable organization.
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; and (2) to amend Section 4 to clarify that a lease shall be submitted if required because sessions may be held at the organization's building so there is not a lease. Without objection, and with agreement of the agency, the amendments were approved.
820 KAR 1:016. Distributor and manufacturer licensees.
820 KAR 1:017. Licensing inspections.
820 KAR 1:025. Financial reports of a licensed charitable organization.
820 KAR 1:027. Quarterly reports of a licensed distributor and a licensed manufacturer.
820 KAR 1:029. Facility licensees.
820 KAR 1:034. Pulltab dispenser construction and use.
820 KAR 1:036. Pulltab rules of play.
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.
820 KAR 1:046. Bingo rules of play.
820 KAR 1:050. Raffle standards.
820 KAR 1:055. Charity fundraising event standards.
820 KAR 1:056. Special limited charity fundraising event standards.
820 KAR 1:057. Accurate records.
820 KAR 1:058. Gaming occasion records.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 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.
820 KAR 1:120. Allowable expenses.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to delete a citation; and (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. Without objection, and with agreement of the agency, the amendments were approved.
820 KAR 1:125. Gaming inspections.
A motion was made and seconded to approve the following amendment: to amend Section 3 to delete the provision that required a manufacturer or distributor to pay for the cost of the audit or inspection. Without objection, and with agreement of the agency, the amendment was approved.
820 KAR 1:130. Administrative actions.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: Certificate of Need
900 KAR 6:055. Certificate of need forms. Diona Mullins, policy advisor, represented the office.
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.
900 KAR 6:075. Certificate of need nonsubstantive review.
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.
900 KAR 6:090. Certificate of need filing, hearing, and show cause hearing.
A motion was made and seconded to approve the following amendments: 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.
Department for Aging and Independent Living: Division of Quality Living: Aging Services
910 KAR 1:240. Certification of assisted-living communities. Deborah Anderson, commissioner; Victoria Elridge, deputy commissioner; and Bob White, executive director, represented the division.
A motion was made and seconded to approve the following amendments: to amend Sections 6, 7, 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.
The following administrative regulations were deferred to the December 9, 2015, meeting of the Subcommittee:
GENERAL GOVERNMENT CABINET: Board of Veterinary Examiners: Board
201 KAR 16:050. Continuing education.
Board of Alcohol and Drug Counselors: Board
201 KAR 35:010 & E. Definitions for 201 KAR Chapter 35.
201 KAR 35:015 & E. Grandparenting of certification to licensure.
201 KAR 35:020 & E. Fees.
201 KAR 35:030 & E. Code of ethics.
201 KAR 35:040 & E. Continuing education requirements.
201 KAR 35:050 & E. Curriculum of study.
201 KAR 35:055 & E. Temporary registration or certification.
201 KAR 35:060 & E. Complaint procedure.
201 KAR 35:075 & E. Substitution for work experience for an applicant for certification as an alcohol and drug counselor.
201 KAR 35:080. Voluntary inactive status.
201 KAR 35:090 & E. Appeal from a denial of or refusal to renew or reinstate a registration, certificate, or license, or denial of continuing education hours by the board.
Board of Licensed Diabetes Educators: Board
201 KAR 45:110. Supervision and work experience. Matt James, assistant attorney general, represented the board. Vanessa Paddy, diabetes educator, appeared in opposition to this administrative regulation.
In response to questions by Co-Chair Harris, Mr. James stated that the standard for in-person, supervisor – apprentice diabetes educator interactions was being eased because it was overburdensome and was impacting access. Educators were geographically isolated in some rural areas, so that in-person interaction requirements discouraged eligible supervisors from taking on apprentices. Co-Chair Harris stated that this administrative regulation seemed to focus on making requirements easier for the supervisors, rather than ensuring quality for the patients and the diabetes problem in Kentucky. Mr. James stated that if supervisor requirements were onerous, the board would not have enough licensed diabetes educators.
Ms. Paddy stated that, although she was a member of the Kentucky State Coordinating Body of the American Association of Diabetes Educators (AADE), she appeared in opposition to this administrative regulation on behalf of Kentucky diabetes patients, not diabetes educators or the AADE. The AADE submitted comments during the public comment period; however, the board chose not to amend this administrative regulation as a response to the public comments. The AADE, during the public comment period, requested that this administrative regulation be amended to require that an apprentice diabetes educator shall interact with the supervisor no less than two (2) hours quarterly, both of which shall be during direct observation of a patient – apprentice education interaction encompassing comprehensive diabetes education as established in the Scope of Practice, 201 KAR 45:160. The board declined the request because of privacy concerns; burdensome travel time, which resulted in fewer supervisors willing to take on apprentices, thus negatively impacting access; the interaction time being a minimum requirement, but supervisors were not prohibited from meeting with apprentices more often; and apprentices being allowed to provide diabetes education without direct observation other than this proposed minimum requirement.
Regarding the board’s concern pertaining to patient privacy, Ms. Paddy stated that supervisors were health professionals, accountable by employers and licensing bodies to know and adhere to privacy and HIPAA requirements. Because a supervisor was limited to no more than four (4) apprentices, a two (2) hour quarterly requirement for an in-person interaction was not overburdensome. Direct observation may be via teleconference, and costs may be offset through patient fees. One (1) hour was insufficient, especially because the one (1) hour was not required to include patient interaction. It was crucial to maintain quality as this program progressed, and this administrative regulation was a step backward. Care should be of high quality and should include baseline knowledge of at least the established Scope of Practice. Licensees were not required to pass a national examination, which was unique among most professional boards; therefore, a minimum requirement of at least two (2) hours was necessary to establish quality in this program.
Senator Kerr stated that it was necessary to have access and quality.
In response to questions by Co-Chair Marzian, Mr. James stated that this administrative regulation would promote more licensed diabetes educators, which would then improve patient access. Licensees were not required to pass a national examination. The board agreed to defer consideration of this administrative regulation to the December 9 meeting of the Subcommittee. Without objection, and with agreement of the agency, this administrative regulation was deferred to the December 9 meeting of the Subcommittee.
Department of Agriculture: Office of Consumer and Environmental Protection: Division of Environmental Services: Structural Pest Control
302 KAR 29:010. Definitions for 302 KAR Chapter 29.
302 KAR 29:020. General provisions for structural pest control.
302 KAR 29:040. Settlement proceedings.
302 KAR 29:050. Commercial structural pest control and fumigation.
302 KAR 29:060. Certification.
PUBLIC PROTECTION CABINET: Department of Charitable Gaming: Charitable Gaming
820 KAR 1:044. Bingo equipment.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Inspector General
Division of Health Care: Health Services and Facilities
902 KAR 20:091. Facilities specifications, operation and services; community mental health center.
902 KAR 20:180. Psychiatric hospitals; operation and services.
902 KAR 20:200. Tuberculosis (TB) testing for residents in long-term care settings.
Department for Medicaid Services: Division of Policy and Operations: Medicaid Services
907 KAR 1:026. Dental services’ coverage provisions and requirements.
Division of Community Alternatives: Medicaid Services
907 KAR 1:045. Reimbursement provisions and requirements regarding community mental health center services.
Division of Policy and Operations: Medicaid Services
907 KAR 1:046. Community mental health center primary care services.
Division of Community Alternatives: Medicaid Services
907 KAR 1:595. Model Waiver II service coverage and reimbursement policies and requirements.
907 KAR 1:626. Reimbursement of dental services.
Division of Policy and Operations: Hospital Service Coverage and Reimbursement
907 KAR 10:020. Coverage provisions and requirement regarding outpatient psychiatric hospital services.
907 KAR 10:025. Reimbursement provisions and requirements regarding outpatient psychiatric hospital services.
The Subcommittee adjourned at 2:05 p.m. until December 9, 2015, at 1 p.m.