Call to Order and Roll Call
The January meeting of the Administrative Regulation Review Subcommittee was held on Monday, January 11, 2016, 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 Julie Raque Adams, Perry B. Clark, and Alice Forgy Kerr; and Representative Tommy Turner.
Guests: Leanne Diakov, Board of Medical Licensure; Ava Eaves, Nicole Biddle, Board of Licensure and Certification for Dietitians and Nutritionists,; Brian Judy, Board of Licensure for Pastoral Counselors; Steve Beam, Karen Waldrop, David Wicker, Department of Fish and Wildlife; Sean Alteri, William Gooch, Division for Air Quality; Amy Barker, Renee Craddock, Jamie Mosley; Department of Corrections; Laura Begin, Paula Goff, Jeremy Hart, Department for Public Health; Emily Anderson, Stephanie Brammer Barnes, Robert Brawley, Maria Dalbey, Department for Public Health; Stephanie Hold, Jill Lee, John McGuire, Office of the Inspector General.
LRC Staff: Sarah Amburgey, Ange Bertholf, Emily Caudill, Betsy Cupp, Emily Harkenrider, Karen Howard, Carrie Klaber, and Donna Little.
Administrative Regulations Reviewed by the Subcommittee:
GENERAL GOVERNMENT CABINET: Board of Medical Licensure: Board
201 KAR 9:470. Standardized medical order for scope of treatment form. Leanne Diakov, 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 citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2 and 3 to comply with the drafting and formatting requirements of KRS Chapter 13A; (3) to amend Section 2 to establish that it shall be acceptable and prevailing medical practice for a licensee to use the standardized MOST, Medical Orders for Scope of Treatment form; and (4) to amend Section 3 to incorporate by reference the standardized MOST, Medical Orders for Scope of Treatment form. Without objection, and with agreement of the agency, the amendments were approved.
Board of Licensure and Certification for Dietitians and Nutritionists: Board
201 KAR 33:015. Application; approved programs. Ava Eaves, chair, and Nicole Biddle, assistant attorney general, represented the board.
201 KAR 33:020. Renewals.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to clarify that there was an exception to the expiration of a license or certificate in Section 2 for a late renewal within the grace period; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 2 to clarify that this administrative regulation applied to the renewal of a license and a certificate; (3) to amend Section 5 to establish: (a) that the requirement to update an address change also applied to a certificate holder; and (b) a notification requirement for changes to other contact information, such as a change of name, email, or phone number; (4) to amend Section 6 to update the edition dates of the Renewal Application and Reinstatement Application; and (5) 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 33:030. Continuing education requirements for licensees and certificate holders.
A motion was made and seconded to approve the following amendments: (1) to amend Section 2 to clarify how to report continuing education credit hours for authorship of a scholarly publication if there is only one (1) author; (2) to amend Section 7 to establish that the board's decision to grant an extension or a waiver of continuing education requirements shall be based upon the verification document signed by a licensed physician; (3) to amend Section 8 to clarify what constitutes past due continuing education requirements; and (4) to amend Sections 1, 2, and 8 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 Pastoral Counselors: Board
201 KAR 38:070. Renewal of licenses and continuing education. Brian Judy, assistant attorney general, represented the board.
In response to questions by Co-Chair Harris, Mr. Judy stated that this administrative regulation applied to licensed counselors with a faith-based education and background. Most had a master’s degree in pastoral counseling or a related degree. Licensees were ordained and provided counseling with or without a fee.
Senator Kerr stated that this administrative regulation was the result of a bill that she sponsored. Pastoral counselors usually had extensive training, and this program allowed them to apply for applicable insurance coverage.
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 the administrative regulation, as required by KRS 13A.220; and (3) 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.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Game
301 KAR 2:122. Seasons, methods, and limits for small game. Steve Beam, wildlife division director, and David Wicker, general counsel, represented the department.
301 KAR 2:221 & E. Waterfowl seasons and limits.
In response to a question by Co-Chair Marzian, Mr. Beam stated that this administrative regulation and 301 KAR 2:222 were filed as emergency administrative regulations because the season was already in progress. These administrative regulations were based on the federal framework, which was not final until the season had already begun.
301 KAR 2:222 & E. Waterfowl hunting requirements on public lands.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division for Air Quality: New Source Standards
401 KAR 59:174. Stage II controls at gasoline dispensing facilities. Sean Alteri, director, represented the division.
In response to a question by Co-Chair Harris, Mr. Alteri stated that in 2000 U.S. EPA required new motor vehicles to have on-board emissions control; therefore, emissions control at individual gasoline dispensing devices was no longer as necessary.
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 and Sections 1 through 7, 9, 10, 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.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Class D and Class C Felons
501 KAR 2:020. Definitions for 501 KAR Chapter 2. Amy Barker, assistant general counsel, represented the department. Renee Craddock, executive director, and Jamie Mosley, Laurel County jailer, represented the Kentucky Jailers’ Association.
A motion was made and seconded to approve the following amendments: to amend Section 1 to: (1) include regional jails in the definition of "jail"; and (2) comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 2:060. Procedures for housing of Class D and Class C felons.
A motion was made and seconded to approve the following amendments: to amend Sections 2, 3, 8, 11, 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.
Jail Standards for Full-service Facilities
501 KAR 3:010. Definitions for 501 KAR Chapter 3.
A motion was made and seconded to approve the following amendments: to amend Section 1 to: (1) revise the definition of “jail” to include regional jails; and (2) comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 3:020. Administration; management.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2, 4, 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.
501 KAR 3:030. Fiscal management.
501 KAR 3:040. Personnel.
In response to a question by Senator Raque Adams, Ms. Barker stated that this administrative regulation impacted twenty (20) jails and required some increased staffing, which may increase costs. Additionally, thirteen (13) jails would be required to reorganize staffing schedules.
501 KAR 3:050. Physical Plant.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 8 and 9 to clarify waiver and exemption procedures; (2) to amend Section 12 to adjust the minimum: (a) number of bathrooms required for diversion holding areas; and (b) space requirements for multipurpose rooms in conformity with the Jail Construction, Expansion, and Renovation Guidelines; (3) to amend Section 15 and the construction guidelines to update references to the Kentucky Building Code; and (4) to amend Sections 1, 3, 6, 10, and 12 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 3:060. Security; control.
A motion was made and seconded to approve the following amendments: 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.
501 KAR 3:070. Safety; emergency procedures.
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.
501 KAR 3:080. Sanitation; hygiene.
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.
501 KAR 3:090. Medical services.
In response to a question by Co-Chair Marzian, Ms. Craddock stated that nurses could not prescribe, but could disburse, medication. The jail facility to which the prisoner was transferred would do a medical assessment upon the prisoner’s arrival. Because that assessment may result in different prescription medication, the prescription medication limit deletion reduced waste. Mr. Mosley stated that this administrative regulation was being amended to delete the requirement that a three (3) day supply of prescription medication was required if a prisoner was transferred to another facility.
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 requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 3:100. Food services.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by the administrative regulation, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 3:140. Prisoner rights.
In response to a question by Co-Chair Harris, Ms. Barker stated that a prisoner in transit from one (1) facility to another was not entitled to a phone call because of security risks. This did not affect phone call rights before or after the transit period. Ms. Craddock stated that this requirement conformed to the corresponding federal prohibition against a phone call during transit for security reasons. Transporters who transported prisoners for the state and federal government would then have one (1) standard requirement.
A motion was made and seconded to approve the following amendments: 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.
501 KAR 3:160. Training.
A motion was made and seconded to approve the following amendments: to amend 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.
Jail Standards for Restricted Custody Center Facilities
501 KAR 7:010. Definitions for 501 KAR Chapter 7.
In response to a question by Co-Chair Harris, Mr. Mosley stated that 501 KAR Chapter 7 addressed restricted custody center facilities, which were a separate inmate housing area within a larger jail facility.
A motion was made and seconded to approve the following amendments: 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.
501 KAR 7:020. Administration; management.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 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.
501 KAR 7:030. Fiscal management.
In response to a question by Co-Chair Harris, Ms. Barker stated that the audits were performed by the county auditor’s office.
501 KAR 7:050. Physical plant.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 8, 9, and 11 to clarify waiver and exemption procedures; and (2) to amends Sections 1, 3, 6, 10, 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.
501 KAR 7:070. Safety; emergency procedures.
In response to a question by Senator Clark, Ms. Barker stated that a backup generator, while not necessarily available in the restricted custody area, may still be available in the larger jail facility. Mr. Mosley stated that, depending on the size of the jail facility, a backup generator may be available in the jail even if not specifically in the restricted custody area.
A motion was made and seconded to approve the following amendment: to amend Section 1 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendment was approved.
501 KAR 7:080. Sanitation; hygiene.
A motion was made and seconded to approve the following amendments: 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.
Jail Standards for Life Safety Facilities
501 KAR 13:010. Life safety issues.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 3, 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.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Public Health: Division of Maternal and Child Health: Maternal and Child Health
902 KAR 4:030. Newborn screening program. Laura Begin, regulation coordinator; Paula Goff, branch manager; and Jeremy Hart, MD, laboratory services division director, represented the division.
Office of Inspector General: Division of Health Care: Health Services and Facilities
902 KAR 20:200. Tuberculosis (TB) testing for residents in long-term care settings. Emily Anderson, TB program manager; Stephanie Brammer – Barnes, regulation coordinator; Robert Brawley, MD, infectious disease branch chief; and Maria Dalbey, TB program nurse, represented the division.
In response to questions by Co-Chair Harris, Dr. Brawley stated that these administrative regulations were being amended upon request by the division’s long – term care facility partners. The changes were not significant, but the previous versions were not thoroughly enforced; therefore, facilities needed time to comply with these 2005 requirements from the Centers for Disease Control.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 and 2 to comply with the drafting and formatting requirements of KRS Chapter 13A; (2) to amend Section 12 to increase the time for compliance from ninety (90) days to 180 days after the effective date of the administrative regulation; and (3) to amend Section 14 to delete the TB-4, Kentucky Department for Public Health Tuberculosis (TB) Risk Assessment form. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 20:205. Tuberculosis (TB) testing for health care workers.
A motion was made and seconded to approve the following amendments: to amend Sections 1 through 4, 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.
Division of Audits and Investigations: Controlled Substances
902 KAR 55:015. Schedule I substances. Stephanie Brammer – Barnes, regulation coordinator; Stephanie Hold, acting inspector general; Jill Lee, pharmacist consultant; and John McGuire, manager, represented the division.
In response to a question by Senator Clark, Mr. McGuire stated that the division worked with law enforcement using national trends to develop these administrative regulations. Senator Clark stated that synthetic cannabinoids, unlike the natural counterpart, were dangerous and needed to be classified.
In response to a question by Co-Chair Harris, Mr. McGuire stated that controlled substances administrative regulations often lagged regarding synthetic drugs such as Flakka because synthetic drug makers could easily reformulate to avoid enforcement as a controlled substance. These administrative regulations were being reorganized to reduce synthetic drug makers’ ability to avoid regulation.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to delete 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; and (3) to amend Section 3 to make a technical correction. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 55:020 & E. Schedule II substances.
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 and Sections 1 through 7: (a) for clarity; and (b) to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 55:025. Schedule III substances.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 55:030. Schedule IV substances.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and 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.
902 KAR 55:035. Schedule V substances.
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 and 2 to comply with the drafting 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 February 8, 2016, meeting of the Subcommittee:
FINANCE AND ADMINISTRATION CABINET: Office of the Secretary: Purchasing
200 KAR 5:021. Manual of policies and procedures.
GENERAL GOVERNMENT CABINET: Board of Licensed Diabetes Educators: Board
201 KAR 45:110. Supervision and work experience.
201 KAR 45:130. Continuing education.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Division of Driver Licensing: Administration
601 KAR 2:030 & E. Ignition interlock.
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.
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.
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 1:40 p.m. until February 8, 2016, at 2 p.m.