Call to Order and Roll Call
The December meeting of the Administrative Regulation Review Subcommittee was held on Wednesday, December 9, 2015, 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: <Members> Senator Ernie Harris, Co-Chair; Senators Julie Raque Adams, Perry B. Clark, and Alice Forgy Kerr; and Representative Tommy Turner.
Guests: Andy Crocker, Personnel Board; Marcus Jones, Perry Wornall, Board of Veterinary Examiners; Jack Ballard, Nicole Biddle, Rex Cecil, Timothy Murphy, Board of Architects; Brian Judy, Sandra Kelley, Board of Alcohol and Drug Counselors; Denise Logsdon, Board of Licensure for Massage Therapy; Dr. Karen Waldrop, David Wicker, Department of Fish and Wildlife; Harland Hatter, Clint Quarles, Steve Sims, Department of Agriculture; Peter Goodmann, R. Bruce Scott, Division of Water; Anthony Hatton, Division of Waste Management; Amy Barker, Department of Corrections; Patrick Shirley, Department of Workforce Investment; Sandy Gruzensky, Franklin Reed, Division of Mine Safety; Jack Coleman, Michael Davis, Mark Jordan, Department of Housing, Buildings and Construction; Noelle Baily, Scott Jones, Department of Charitable Gaming; Diona Mullins, Office of Health Policy; Stephanie Brammer-Barnes, Maryellen Mynear, Office of Inspector General; Laura Begin, Matt McKinley, Eric Perry, Division of Public Health Protection and Safety; Stuart Owen, Department of Medicaid Services; Nancy Galvagni, Sarah Nicholson, Kentucky Hospital Association.
LRC Staff: Sarah Amburgey, Ange Bertholf, Emily Caudill, Betsy Cupp, Emily Harkenrider, Karen Howard, Carrie Klaber, and Donna Little.
The Administrative Regulation Review Subcommittee met on Tuesday, December 9, 2015, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
PERSONNEL BOARD: Board
101 KAR 1:325. Probationary periods. Andy Crocker, general counsel, represented the board.
In response to a question by Co-Chair Harris, Mr. Crocker stated that this administrative regulation was expected to improve retention rates for correctional officers by reducing the initial probationary period from eight (8) to six (6) months.
GENERAL GOVERNMENT CABINET: Board of Veterinary Examiners: Board
201 KAR 16:050. Continuing education. Marcus Jones, assistant attorney general, and Perry Wornall, chair, 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; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 4, and 5 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (3) to amend Section 6 to revise the material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
Board of Architects: Board
201 KAR 19:035. Qualifications for examination and licensure. Nicole Biddle, assistant attorney general; Rex Cecil, executive director; and Tim Murphy, president, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct a citation: and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2 and 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 19:087. Continuing education.
In response to questions by Co-Chair Harris, Mr. Cecil stated that the board experienced problems with licensees not meeting continuing education requirements in the past decade; however, those problems were minimized each year. Currently, the board did not experience many licensees failing to meet continuing education requirements, which were available online and sometimes free of cost.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 6 to comply with the drafting and formatting requirements of KRS Chapter 13A; (2) to amend Section 4 to establish that the change in the continuing education reporting year to January 1 through December 31 begins on calendar year 2017; (3) to amend Section 5 to add the board’s Web site address; and (4) to amend Section 7 and the Architect License-Reinstatement-Restoration Application to: (a) make technical changes; and (b) add a requirement that the applicant pay the fee required by 201 KAR 19:085. Without objection, and with agreement of the agency, the amendments were approved.
Board of Alcohol and Drug Counselors: Board
201 KAR 35:010 & E. Definitions for 201 KAR Chapter 35. Brian Judy, assistant attorney general, and Sandra Kelley, board member, represented the board.
In response to questions by Co-Chair Harris, Mr. Judy stated that these administrative regulations were a response to House Bill 92 of the 2015 Regular Session of the General Assembly. The major change to these administrative regulations was the three (3) new credentialing levels. Criteria in these administrative regulations were based on standards from the national association, and many other states used these same standards.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to correct a citation; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 1: (a) for clarity; and (2) to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 35:015 & E. Grandparenting of certification to licensure.
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 to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (3) to amend Section 1 to specify an application; and (4) to amend a form incorporated by reference for consistency. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 35:020 & E. Fees.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1, 4, and 9 to specify forms; (2) to amend Section 1 for clarity; (3) to amend Sections 4 and 5 to specify fees and penalties; (4) to amend forms incorporated by reference for consistency; and (5) to amend Sections 1, 8, 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.
201 KAR 35:030 & E. Code of ethics.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 and 4 for clarity; and (2) to amend Sections 2 through 6, 8, and 11 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 35:040 & E. Continuing education requirements.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to add a citation; (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 Section 2 for clarity; (4) to amend Section 8 to add serious illness or injury to the conditions that may qualify for a waiver or extension of time to meet continuing education requirements; (5) to amend forms incorporated by reference for consistency; and (6) to amend Sections 1 through 4, 6, 9, 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 35:050 & E. Curriculum of study.
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; (2) to amend Section 1 to specify forms; (3) to amend forms incorporated by reference for consistency; and (4) to amend Sections 1 and 2 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 35:055 & E. Temporary registration or certification.
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; (2) to amend Sections 1 and 2 to specify forms; (3) to amend Section 3 to specify that a written request shall be required for the board to consider approval for an extension of a temporary credential; (4) to amend Sections 1 through 3: (a) to comply with the drafting requirements of KRS Chapter 13A; and (b) for clarity; and (5) to amend forms incorporated by reference for consistency. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 35:060 & E. Complaint procedure.
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; (3) to amend Sections 1 and 2 for clarity; and (3) to amend Sections 4, 6, 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 35:070 & E. Supervision experience.
In response to a question by Co-Chair Harris, Mr. Judy stated that supervision experience hours were tiered based on educational degree obtained and experience.
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 to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (3) to amend Sections 1, 5, and 6 to specify forms; (4) to amend Section 3 to add examples of the types of circumstances to qualify for approval for the use of an alternate format of supervision; (5) to amend Sections 1, 2, 3, 5, 7, 8, 9, 10, and 12: (a) to comply with the drafting and formatting requirements of KRS Chapter 13A; and (b) for clarity; and (6) to amend forms incorporated by reference for consistency. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 35:075 & E. Substitution for work experience for an applicant for certification as an alcohol and drug counselor.
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; (2) to amend Section 1 to: (a) specify a form; (b) add a citation; and (c) provide clarity; and (3) to amend forms incorporated by reference for consistency. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 35:080. Voluntary inactive status.
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 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 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.
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; and (3) to amend Sections 1 and 2: (a) to comply with the drafting and formatting requirements of KRS Chapter 13A; and (b) for clarity. Without objection, and with agreement of the agency, the amendments were approved.
Board of Licensed Professional Counselors: Board
201 KAR 36:030. Continuing education requirement. Brian Judy, assistant attorney general, represented the board.
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 1 through 4, 6, 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.
Board of Licensure for Massage Therapy: Board
201 KAR 42:020. Fees. Marcus Jones, assistant attorney general, and Denise Logsdon, chair, represented the board.
201 KAR 42:035. Application process, exam, and curriculum requirements.
In response to a question by Senator Clark, Mr. Jones stated that some complaints against licensees were related to criminal sexual assault. On-going police investigations sometimes required witnesses to remain anonymous. This administrative regulation allowed a complainant's name to be redacted in order to not jeopardize a police investigation.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3 to add the board’s Web site address; and (2) to amend Section 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 42:040. Renewal.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to comply with the drafting requirements of KRS Chapter 13A; and (2) to amend Section 5 to add the board’s Web site address. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 42:050. Complaint procedure and disciplinary action.
A motion was made and seconded to approve the following amendments: to amend Sections 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.
201 KAR 42:080. Programs of massage therapy instruction.
A motion was made and seconded to approve the following amendments: 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 42:110. Continuing education requirements.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Game
301 KAR 2:030. Commercial guide license. Dr. Karen Waldrop, deputy commissioner, and David Wicker, general counsel, represented the department.
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, 2, 3, and 5 and the Commercial Guide License Application Form to comply with the drafting and formatting requirements of KRS Chapter 13A; and (3) to amend Section 3 to clarify that a commercial guide license holder shall be responsible for a violation of this administrative regulation by a helper who is registered by the commercial guide. Without objection, and with agreement of the agency, the amendments were approved.
301 KAR 2:083. Holding and intrastate transportation of captive cervids.
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 through 4 and 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.
301 KAR 2:142. Spring wild turkey hunting.
In response to questions by Representative Turner, Dr. Waldrop stated that the Department of Parks determined if a state park would offer a spring wild turkey hunt. The Department of Fish and Wildlife Resources did not anticipate a state park offering a quota hunt. Dr. Waldrop stated that she would ensure that there was an equitable hunting process and follow up with Representative Turner regarding that process once it was established.
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 the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 5 and 6 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: 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. Harland Hatter, deputy executive director; Clint Quarles, staff attorney; and Steve Sims, structural branch manager, represented the division.
A motion was made and seconded to approve the following amendments: 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.
302 KAR 29:020. General provisions for structural pest control.
302 KAR 29:040. Settlement proceedings.
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.
302 KAR 29:050. Commercial structural pest control and fumigation.
A motion was made and seconded to approve the following amendments: to amend Section 10 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
302 KAR 29:060. Certification.
A motion was made and seconded to approve the following amendments: 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.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Water: Water Quality Standards
401 KAR 10:026. Designation of uses of surface waters. Pete Goodmann, executive director, and Bruce Scott, commissioner, represented the division.
In response to questions by Co-Chair Harris, Mr. Scott stated that this administrative regulation related to 402 permits pursuant to the Clean Water Act, not water segments from the 301 list. These designations were based primarily on threatened and endangered species.
A motion was made and seconded to approve the following amendments: 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.
401 KAR 10:029. General provisions.
401 KAR 10:030. Antidegradation policy implementation methodology.
A motion was made and seconded to approve the following amendments: 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.
401 KAR 10:031. Surface water standards.
Division of Waste Management: Underground Storage Tanks
401 KAR 42:045. Delivery prohibition. Tony Hatton, executive director, and Bruce Scott, commissioner, represented the division.
In response to questions by Co-Chair Harris, Mr. Scott stated that the Underground Storage Tank Program was operating much better than it had in years past. Each tank owner paid a thirty (30) dollar insurance fee for $1 million in coverage. Some owners did not pay, and this administrative regulation prohibited delivery until that payment. The gas tax that allocated 1.4¢ per gallon was currently adequate; however, it would not be adequate in the long term. The division expected the financial insufficiency of the gas tax to be a significant problem in the long term.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Office of the Secretary
501 KAR 6:060. Northpoint Training Center. 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 being amended as part of the annual policy update process.
A motion was made and seconded to approve the following amendments: to amend Section 1 and the material incorporated by reference to: (1) update citations; and (2) make minor clarifications. Without objection, and with agreement of the agency, the amendments were approved.
Education and Workforce Development Cabinet: Department of Workforce Investment: Office of Vocational Rehabilitation: Administration
781 KAR 1:030. Order of selection and economic need test for vocational rehabilitation services. Patrick Shirley, staff attorney, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to add citations; 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.
ENERGY AND ENVIRONMENT CABINET: Department for Natural Resources: Division of Mine Safety: Mining Safety Standards
805 KAR 3:100. Equipment use and operation. Sandy Gruzesky, deputy commissioner, and Frank Reed, division director, represented the division.
PUBLIC PROTECTION CABINET: Department of Housing, Buildings and Construction: Division of Plumbing: Boilers and Pressure Vessels
815 KAR 15:010. Definitions for 815 KAR Chapter 15. Jack Coleman, deputy commissioner; Michael Davis, general counsel; and Mark Jordan, chief boiler inspector, represented the division.
In response to questions by Co-Chair Harris, Mr. Davis stated that these administrative regulations were developed in a two (2) year process by the Boiler and Pressure Vessel Board. Stakeholders did not raise concerns during the development process or during the public comment period. These standards had already been effective for approximately three (3) years, and stakeholders had not indicated any unintended consequences during that time. Mr. Jordan stated that these administrative regulations were being updated commensurate with the national code, but there were not any major changes. Mr. Coleman stated that these amendments were similar to recent updates pertaining to other boards under the Department of Housing, Buildings and Construction.
A motion was made and seconded to approve the following amendments: to amend Section 1 to: (1) comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) clarify the definition for “repair” to establish that a repair complies with the National Board Inspection Code. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 15:025. New installations, general design, construction, and inspection criteria for boilers, pressure vessels, and pressure piping.
A motion was made and seconded to approve the following amendments: to amend
Sections 1, 3, and 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 15:026. Existing boilers and pressure vessels; testing, repairs, inspection, and safety factors.
A motion was made and seconded to approve the following amendments: 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.
815 KAR 15:027. Certificates and fees for boiler and pressure vessel inspection.
A motion was made and seconded to approve the following amendments: to amend Section 2 to: (1) make a technical correction; and (2) add language to subsection (7) to clarify that the fee frequency is not changing from the previous version of this administrative regulation, in that the fee shall be required for a special trip to witness the application of a hydrostatic test. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 15:040. Power boiler and pressure vessel supplemental requirements.
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.
815 KAR 15:051. Heating boiler supplemental requirements - steam heating, hot water heating, and hot water supply boilers.
A motion was made and seconded to approve the following amendment: to amend Section 1(3)(g) to correct a cross-reference citation. Without objection, and with agreement of the agency, the amendment was approved.
815 KAR 15:060. Nuclear vessel requirements.
815 KAR 15:080. Licensing for boiler and pressure vessel contractors, owner facilities, owner’s piping inspectors, and independent inspection agencies.
Department of Charitable Gaming: Charitable Gaming
820 KAR 1:044. Bingo equipment. Noelle Bailey, general counsel, and Scott Jones, commissioner, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend Section 2 to: (a) comply with the drafting requirements of KRS Chapter 13A; (b) add the substantive requirements for card-minding devices moved out of the main definitions administrative regulation for the chapter; and (c) clarify that modifications to a card-minding device or its software that require testing and certification shall not include routine maintenance activities; (2) to amend Section 3 to establish that the department shall be notified of any change of information needed to access the system at least three (3) days prior to the change to be consistent with the department having real-time access; and (3) to amend Section 6 to: (a) delete the device limitation on each player to use one (1) card-minding device at a time with a maximum of 1,000 card faces; and (b) restore the existing limitation of limiting each card-minding device to a maximum of seventy-two (72) card faces during any one (1) game of a session. 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 6:100. Certificate of need standards for implementation and biennial review. Diona Mullins, executive advisor, represented the office.
Data Reporting and Public Use Data Sets
900 KAR 7:030. Data reporting by health care providers.
A motion was made and seconded to approve the following amendments: to amend Section 1 to delete an outdated definition. Without objection, and with agreement of the agency, the amendments were approved.
Office of Inspector General: Division of Health Care: Health Services and Facilities
902 KAR 20:180. Psychiatric hospitals; operation and services. Stephanie Brammer-Barnes, internal policy analyst, and Maryellen Mynear, inspector general, represented the division. Nancy Galvagni, senior vice president, Kentucky Hospital Association, appeared in support of Subcommittee Amendments 1 and 2 to 902 KAR 20:260.
Senator Clark stated that the Subcommittee Amendment authorized licensed clinical alcohol and drug counselors and licensed clinical alcohol and drug counselor associates to provide assistance in specific situations.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO 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, 3, 5, and 6 to comply with the drafting requirements of KRS Chapter 13A; and (4) to amend Sections 1 and 6 to add "licensed clinical alcohol and drug counselor" and "licensed clinical alcohol and drug counselor associate". Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 20:260. Special health clinics.
Senator Clark stated that Subcommittee Amendment 1 authorized a hospital – acquired physician practice seeking licensure as a special health clinic to operate with at least one (1) physician and other necessary staff or ancillary personnel, without requiring a nurse to be on staff. Subcommittee Amendment 2: (1) made clarifications; (2) added fully licensed APRNs to the list of professionals who may serve as clinical director in certain circumstances; (3) authorized at least one (1) APRN in lieu of at least one (1) physician or dentist in certain circumstances; and (4) deleted the supervision exception for a family planning clinic or wellness center.
Ms. Mynear stated that the division supported these Subcommittee Amendments. Ms. Galvagni stated that the Kentucky Hospital Association also supported these Subcommittee Amendments.
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 and Sections 1 through 4 and 6 to comply with the drafting and formatting requirements of KRS Chapter 13A; (3) to amend Section 4 to allow a hospital - acquired physician practice seeking licensure as a special health clinic to operate with at least one (1) physician and other necessary staff or ancillary personnel, without requiring a nurse to be on staff; (4) to amend Section 2 to clarify that an office or clinic exempt from CON requirements, pursuant to 900 KAR 6:130, shall not be required to obtain licensure as a special health clinic; (5) to amend Sections 3 and 4 to: (a) change “medical director” to “clinical director”; and (b) add a fully licensed APRN as a professional who may serve as clinical director, if the APRN is responsible for the clinic and only provides services within the scope authorized pursuant to KRS Chapter 314; (6) to amend Section 3 to: (a) clarify that a licensed special health clinic that provides only speech services shall not be required to have a physician or APRN serve as clinical director; (b) change “physician” to “practitioner”; and (c) allow for at least one (1) APRN, in lieu of at least one (1) physician or dentist, if the clinic provides only dental services, to staff the clinic in addition to the other staff listed in the personnel subsection of this administrative regulation; and (7) to amend Section 4 to delete the supervision exception for a family planning clinic or wellness center. Without objection, and with agreement of the agency, the amendments were approved.
Division of Public Health Protection and Safety: Radiology
902 KAR 100:037. Physical protection of category 1 and category 2 quantities of radioactive material. Laura Begin, regulation coordinator; Matt McKinley, radiation health branch manager; and Eric Perry, radiation health specialist, represented the division.
Department for Medicaid Services: Division of Policy and Operations: Medicaid Services
907 KAR 1:026. Dental services’ coverage provisions and requirements. Stuart Owen, regulation coordinator, represented the department.
In response to a question by Co-Chair Harris, Mr. Owen stated that bed slots were federally funded through the biennium budget process. There were currently 179 bed slots, with 260 on the waiting list. These administrative regulations assisted with allowing patients to receive in – home care, rather than care at a hospital or nursing facility.
Senator Kerr stated that it was important to bring awareness to the problem of armed forces members returning with traumatic brain injuries.
A motion was made and seconded to approve the following amendments: (1) to amend Section 7(4)(a) to clarify coverage limits for a restorative procedure performed in conjunction with a pin retention procedure to change amalgam to an appropriate medically necessary restorative material; (2) to amend Section 20 and the material incorporated by reference to: (a) change the edition date; and (b) update the current dental terminology codes to include two additional codes and delete an outdated code; (3) to amend Sections 1, 2, 3, 13, and 15 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (4) to amend Section 12 to delete repetitive language that was already included in 907 KAR 1:626. Without objection, and with agreement of the agency, the amendments were approved.
Division of Community Alternatives: Medicaid Services
907 KAR 1:595. Model Waiver II service coverage and reimbursement policies and requirements.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 6, 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.
907 KAR 1:626. Reimbursement of dental services.
A motion was made and seconded to approve the following amendments: (1) to amend Section 9 and the material incorporated by reference to: (a) change the edition date; and (b) update the current dental terminology codes to include two (2) additional codes and delete an outdated code; and (2) to amend Sections 1 and 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Payment and Services
907 KAR 3:090. Acquired brain injury waiver services.
A motion was made and seconded to approve the following amendments: to amend Sections 2, 4, 6, 8, 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.
907 KAR 3:210. Acquired brain injury long-term care waiver services and reimbursement.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 3, 5, 6, 8, and 9 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend Section 11 to require compliance with a longer document retention timeframe if the Secretary of the United States Department of Health and Human Services requires a longer document retention period, pursuant to 42 C.F.R. 431.17. Without objection, and with agreement of the agency, the amendments were approved.
Division of Policy and Operations: Hospital Service Coverage and Reimbursement
907 KAR 10:020. Coverage provisions and requirement regarding outpatient psychiatric hospital services.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 and 4 to add certified prevention specialists and registered alcohol and drug peer support specialists as authorized practitioners to provide services under this administrative regulation; and (2) to amend Sections 1, 4, 7, and 8 to: (a) comply with the drafting and formatting requirements of KRS Chapter 13A; and (b) correct cross-references within the administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 10:025. Reimbursement provisions and requirements regarding outpatient psychiatric hospital services.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 and 3 through 11 to: (a) comply with the drafting and formatting requirements of KRS Chapter 13A; and (b) establish payment provisions for psychiatric hospitals using a fee schedule (with a flat dollar amount paid for each service) rather than a cost-based method; and (2) to amend Sections 1, 3 through 6, and 9 through 11 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
The following administrative regulations were deferred to the January 11, 2016, meeting of the Subcommittee:
GENERAL GOVERNMENT CABINET: Board of Licensed Diabetes Educators: Board
201 KAR 45:110. Supervision and work experience.
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 20:200. Tuberculosis (TB) testing for residents in long-term care settings.
Department for Medicaid Services: 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 1:835. Michelle P. waiver services and reimbursements.
Division of Community Alternatives: Supports for Community Living Waiver
907 KAR 12:010. New Supports for Community Living Waiver Service and coverage policies.
907 KAR 12:020. Reimbursement for New Supports for Community Living Waiver Services.
The Subcommittee adjourned at 2:15 p.m. until January 11, 2016, at 1 p.m.