Call to Order and Roll Call
The March meeting of the Administrative Regulation Review Subcommittee was held on Monday, March 7, 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 and Alice Forgy Kerr; Representatives Linda Belcher and Tommy Turner.
Guests: Beau Barnes, Teachers’ Retirement System; Jennifer Jones, Katherine Rupinen, Retirement Systems; Cheryl Lalonde, Board of Pharmacy; Rhonda Richardson, Real Estate Commission; Nathan Goldman, Board of Nursing; Nicole Biddle, Sienna Newman, Prosthetics, Orthotics & Pedorthics Board; Karen Waldrop, David Wicker, Department of Fish & Wildlife Resources; Michael Kurtsinger, Ann-Tyler Morgan, Fire Commission.
LRC Staff: Ange Bertholf, Emily Caudill, Betsy Cupp, Emily Harkenrider, Karen Howard, Carrie Klaber, and Donna Little.
The Administrative Regulation Review Subcommittee met on Monday, March 7, 2015, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
FINANCE AND ADMINISTRATION CABINET: Teachers’ Retirement System: General Rules
102 KAR 1:060. Refunds. Beau Barnes, deputy executive secretary and general counsel, represented the retirement system.
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; and (3) to amend Sections 2 and 4: (a) to comply with the drafting requirements of KRS Chapter 13A; and (b) for clarity. Without objection, and with agreement of the agency, the amendments were approved.
102 KAR 1:070. Application for retirement.
In response to a question by Co-Chair Harris, Mr. Barnes stated that, prior to the general retirement of the baby boomer generation, fewer teachers retired at any given time; therefore, the retirement system was able to retroactively approve a retirement application in an emergency situation. Because the volume of retirees was so much greater, the retirement system was no longer able to retroactively approve retirement applications.
102 KAR 1:320. Qualified domestic relations orders.
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 3 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.
Department of Revenue: Forms
103 KAR 3:030 & E. Property and severance forms manual. David Gordon, executive director, Office of Property Valuation, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3 to update the edition dates of Revenue Forms 62A500(P), 62A500, 62A500-A, 62A500-C, 62A500-L, 62A500-M1, 62A500-S1, and 62A500-W: (a) to comply with KRS Chapter 13A; and (b) for clarity; and (2) to amend instructional Revenue Form 62A500(P) to delete language that was added to clarify the types of software taxed to resolve the concerns of the Kentucky Society of CPAs. Without objection, and with agreement of the agency, the amendments were approved.
Kentucky Retirement Systems: General Rules
105 KAR 1:370. Kentucky Retirement Systems personnel policies. Jennifer Jones, assistant general counsel, and Katherine Rupinen, assistant general counsel, represented the retirement systems.
In response to questions by Co-Chair Harris, Ms. Rupinen stated that, under the previous version of this administrative regulation, compensatory time was only allotted for working or driving hours pertaining to travel-related work. This administrative regulation was amended to authorize compensatory time for an employee intending to be efficient with travel, for example an employee who accepted a late flight in order to be at work on time the next day.
In response to a question by Representative Belcher, Ms. Rupinen stated that an additional spousal benefit was added for compliance with KRS Chapter 18A, regarding spouses deployed for military service.
GENERAL GOVERNMENT CABINET: Board of Pharmacy: Board
201 KAR 2:370. Pharmacy services in long-term care facility (LTCF). Cheryl LaLonde, general counsel, represented the board.
In response to questions by Co-Chair Harris, Ms. LaLonde stated that most long-term care facilities did not have in-house pharmacies. The medication limits established in this administrative regulation were for emergency doses; therefore, the limit of six (6) individual doses of thirty (30) different noncontrolled substances was adequate.
Real Estate Commission: Commission
201 KAR 11:350. Seller’s disclosure of property conditions form. Rhonda Richardson, general counsel, represented the commission.
In response to questions by Co-Chair Harris, Ms. Richardson stated that this was the first time that the term “single family residential real estate dwelling” was defined in 201 KAR Chapter 11. Previously, stakeholders had a historical understanding of what this term meant, but it was not codified.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 2 and 3 to comply with the drafting requirements of KRS Chapter 13A; and (2) to amend Section 4 and the Seller's Disclosure of Property Condition form to change the order of initialing so that the seller's initials appear before the buyer's initials. Without objection, and with agreement of the agency, the amendments were approved.
Board of Nursing: Board
201 KAR 20:411. Sexual Assault Nurse Examiner Program standards and credential requirements. Nathan Goldman, general counsel, represented the board.
In response to a question by Co-Chair Harris, Mr. Goldman stated that requirements related to sexual assault nurse examiner standards were changed to be competency based, rather than duration based. Nurse examiners were required to achieve proficiency, regardless of how long it may take.
A motion was made and seconded to approve the following amendments: to amend Sections 2, 10, and 11 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Prosthetics, Orthotics, and Pedorthics: Board
201 KAR 44:050. Per diem of board members. Nicole Biddle, assistant attorney general, and Sienna Newman, chair, represented the board.
In response to a question by Co-Chair Marzian, Ms. Newman stated that, prior to the amendment to this administrative regulation, board members served voluntarily without compensation.
201 KAR 44:080. Renewals.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 4, and 5 and the application forms to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 44:090. Requirements for licensure as an orthotist, prosthetist, orthotist-prosthetist, pedorthist, or orthotic fitter on or after January 1, 2013.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 through 4 and the application form to comply with the drafting requirements of KRS Chapter 13A; and (2) to amend Section 3 to establish that an orthotic fitter shall submit proof of completion of an orthotic fitter education program approved by the American Board of Certification (ABC) or the Board of Certification/Accreditation, International (BOC). Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 44:100. Inactive status.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 2 and the application form to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 44:110. Licensure by endorsement.
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.
201 KAR 44:120. Post residency registration.
A motion was made and seconded to approve the following amendments: to amend Sections 1 and 2 and the application form 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 2:132. Elk quota hunts, elk depredation permits, landowner cooperator permits, and voucher cooperator permits. Karen Waldrop, deputy commissioner, and David Wicker, general counsel, represented the department.
301 KAR 2:172. Deer hunting seasons, zones, and requirements.
301 KAR 2:178. Deer hunting on wildlife management areas, state parks, other public lands, and federally controlled areas.
COMMUNITY AND TECHNICAL COLLEGE SYSTEM: Kentucky Fire Commission: Commission on Fire Protection Personnel Standards and Education
739 KAR 2:100. Volunteer firefighter requirements. Michael Kurtsinger, division director, and Anne-Tyler Morgan, counsel, represented the commission.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct citations; (2) to amend the TITLE and Section 2 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (3) to amend Section 2 to clarify the specific conditions for compliance with statutory requirements, such as what constitutes a firefighter of sobriety and integrity. Without objection, and with agreement of the agency, the amendments were approved.
739 KAR 2:110. Acceptance of out of state and military training and service.
In response to a question by Representative Belcher, Ms. Morgan stated that the commission’s authorizing statutes did not provide for penalties. Staff stated that there was a statutory penalty for application fraud.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to make technical corrections; (2) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct citations; (3) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (4) to amend Sections 1, 2, and 3 to comply with the drafting and formatting requirements of KRS Chapter 13A; (5) to amend Section 2 to clarify the protocol for ensuring appropriate training and experience for firefighters who received firefighter training in the U.S. Armed Forces; (6) to amend Section 2 to delete penalty requirements that did not seem to be specifically authorized by statute; and (7) to revise and add material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
739 KAR 2:120. Notification of merger or splitting of volunteer fire districts.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to make technical corrections; (2) to amend the RELATES TO paragraph to add a citation; (3) to amend Section 2 to: (a) insert items omitted from the list of documents departments shall provide; and (b) comply with the drafting requirements of KRS Chapter 13A; and (4) to amend Section 3 to revise the form incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
739 KAR 2:130. Thermal vision grant application process.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE; the NECESSITY, FUNCTION, AND CONFORMITY paragraph; and Sections 1, 2, and 3 to comply with the drafting and formatting requirements of KRS Chapter 13A; (2) to amend the RELATES TO paragraph to add a citation; (3) to amend Section 2 to: (a) clarify required signatures on the grant application; and (b) establish thermal imaging device providers previously listed in the grant application; (4) to amend Section 3 to revise the material incorporated by reference; and (5) to correct the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT. Without objection, and with agreement of the agency, the amendments were approved.
The following administrative regulations were deferred to the April 11, 2016, meeting of the Subcommittee:
GENERAL GOVERNMENT CABINET: Board of Medical Licensure: Board
201 KAR 9:270. Professional standards for prescribing or dispensing Buprenorphine-Mono-Product or Buprenorphine-Combined-with-Naloxone.
Board of Nursing: Board
201 KAR 20:260. Organization and administration standards for prelicensure registered nurse or practical nurse programs of nursing.
201 KAR 20:271. Repeal of 201 KAR 20:270 and 201 KAR 20:290.
201 KAR 20:280. Standards for developmental status, initial status, and approval of prelicensure registered nurse and practical nurse programs.
201 KAR 20:350. Educational facilities and resources for prelicensure registered nurse and practical nurse programs.
Board of Licensed Diabetes Educators: Board
201 KAR 45:110. Supervision and work experience.
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.
Occupational, Physical, and Speech Therapy
907 KAR 8:005. Definitions for 907 KAR Chapter 8.
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.
OTHER BUSINESS:
Co-Chair Marzian stated that the April ARRS meeting would be tentatively scheduled for April 11, 2016, at 1 p.m., which is currently the first day legislators are back in session following the veto period. However, if the General Assembly's session calendar is amended, the ARRS meeting date will be moved from April 11 to the same day that the General Assembly convenes for session after the veto period.
The Subcommittee adjourned at 1:30 p.m. until April 11, 2016, at 1 p.m.