Call to Order and Roll Call
The June meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, June 13, 2017, at 1:00 PM, in Room 149 of the Capitol Annex. Representative Ken Upchurch, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Ernie Harris, Co-Chair; Representative Ken Upchurch, Co-Chair; Senators Perry B. Clark and Alice Forgy Kerr; Representatives Jason Petrie and Tommy Turner.
Guests: John Ghaelian, Kevin Winstead, Office of the Attorney General; Steve Hart, Board of Pharmacy; Scott Majors, Board of Physical Therapy; Brian Judy, Board of Examiners of Psychology; Mary Badami, Board of Marriage and Family Therapists; Lee Alcott, John Marcus Jones, Board of Art Therapists; Derek Drury, Board of Interpreters for the Deaf and Hard of Hearing, Nicole Sergent Biddle, Board of Prosthetic and Orthotics; Amy Adkins, Elizabeth Morgan, Board of Medical Imaging and Radiation Therapy; Steve Beam, John Hast, Karen Waldrop, David Wicker, Department of Fish and Wildlife Resources; Lesly Davis, John Horne, Energy and Environment Cabinet; Ann DAngelo, Transportation Cabinet; Duane Curry, Tim House, Steve Milby, David Startsman, Department of Housing, Buildings and Construction; Stephanie Hold, Robert Silverthorn Jr., Office Inspector General; Sherry Culp, Long Term Care Ombudsman Program; Phyllis Sosa, Department for Aging and Independent Living; Virginia Moore, Commission on Deaf and Hard of Hearing.
LRC Staff: Sarah Amburgey, Emily Caudill, Betsy Cupp, Ange Darnell, Emily Harkenrider, Karen Howard, and Carrie Klaber.
The Administrative Regulation Review Subcommittee met on Tuesday, June 13, 2017, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
OFFICE OF THE ATTORNEY GENERAL: Office of Consumer Protection: Division of Consumer Protection
40 KAR 2:145. Funeral planning declaration form. John Ghaelian, assistant attorney general, and Kevin Winstead, assistant attorney general, represented the division.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a statutory citation; and (2) 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.
40 KAR 2:150. Cremation forms and inspections.
In response to a question by Senator Clark, Mr. Winstead stated that this administrative regulation was amended in 2016 to establish that a majority of family may authorize cremation, rather than requiring a unanimous family decision. These amendments did not impact that authorization requirement.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a statutory citation; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 6 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.
GENERAL GOVERNMENT CABINET: Board of Pharmacy: Board
201 KAR 2:074. Pharmacy services in hospitals or other organized health care facilities. Steve Hart, executive director, represented the board.
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 requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Physical Therapy: Board
201 KAR 22:070. Requirements for foreign-educated physical therapists. Scott Majors, executive director, represented the board.
In response to questions by Co-Chair Harris, Mr. Majors stated that this administrative regulation was being revised to correspond with the updating of standards by the Federation of State Boards of Physical Therapy, which owned the licensing examination. The federation analyzed the standards and determined that, while there was no need to revise the overall scoring system, an adjustment was needed to conform with the requirements of clinical and communication competence for foreign-educated applicants.
In response to a question by Senator Clark, Mr. Majors stated that Kentucky was striving to recruit and retain physical therapists in the midst of an aging population. Over the last twelve (12) years, Kentucky had an approximately three and nine-tenths (3.9) percent growth rate in the number of licensees. Over the last two (2) years, that rate had increased to four (4) percent. The western Kentucky physical therapy program, which had been fully functioning for approximately one (1) year, was further enhancing that growth, and Governor Bevin had signed HB 227 from the 2017 regular legislative session. HB 227, the Physical Therapy Licensure Compact, was expected to further boost growth by attracting out-of-state practitioners. Senator Clark recommended that young people consider physical therapy as a profession. Physical therapists were needed, and it was a rewarding occupation.
A motion was made and seconded to approve the following amendments: to amend Sections 1 through 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT CABINET: Board of Examiners of Psychology: Board
201 KAR 26:125. Health service provider designation. Brian Judy, assistant attorney general, represented the board.
Co-Chair Harris commended the board for establishing safeguards to protect vulnerable clients from unscrupulous practitioners. In response to questions by Co-Chair Harris, Mr. Judy stated that, historically, this administrative regulation essentially required for licensure a Ph.D. with at least 1,800 pre and post-doctoral hours. A health service provider designation required an additional 1,800 hours beyond the 3,600 hours for initial licensure. There had been confusion regarding if that 1,800 hours required for a health service provider designation was in addition to or separate from pre and post-doctoral hour requirements; therefore, this administrative regulation was being amended to clarify the matter. The actual hour requirements themselves were not changing.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct a citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 3, and 5 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (3) to amend Section 1(2) to establish that a temporarily licensed psychologist or a licensed psychologist may provide concurrent supervision to graduate students while under supervision of a psychologist with a health service provider designation. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 26:130. Grievance procedure.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a statutory citation; (2) to amend Section 1 to delete two (2) definitions; and (3) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 3, 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 26:140. Procedures for disciplinary hearings.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a statutory citation; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 3 and 6 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.
201 KAR 26:145. Code of conduct.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to add statutory citations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 5, 7, 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.
201 KAR 26:155. Licensed psychologist: application procedures and temporary license.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1, 3, 4, 5, and 6 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend Section 2 to establish: (a) a one (1) year period of temporary licensure; (b) applicant requirements during the period of temporary licensure; and (c) mini-mum examination scores for temporary licensure applicants. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 26:160. Fee schedule.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct a statutory citation; (2) to amend Sections 1 and 5 to com-ply with the drafting and formatting requirements of KRS Chapter 13A; and (3) to amend Sections 1, 5, and 6 to clarify that all fees included in the administrative regulation shall be non-refundable. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 26:165. Inactive status.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to add statutory citations; and (2) to amend the NECESSITY-TY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 26:171. Requirements for supervision.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 3 through 10, and 12 through 16 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 26:175. Continuing education.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 4, 5, 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.
201 KAR 26:180. Requirements for granting licensure as a psychologist by reciprocity.
A motion was made and seconded to approve the following amendments: to amend Sections 2, 3, and 6 through 8 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 26:185. Requirements for granting licensure as a psychologist to an applicant li-censed in another state.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct statutory citations; (2) to amend Section 1 to clarify procedures for determining equivalent supervised experience; (3) to amend Sections 2 and 3 to specify passing examination scores; and (4) 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 26:190. Requirements for supervised professional experience.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 5 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 26:200. Education requirements for licensure as a psychologist.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 2 to comply with the drafting requirements of KRS Chapter 13A; and (2) to amend Section 3 to update the list of accrediting agencies. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 26:210. Educational requirements for licensure as a licensed psychological associate.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 through 4 to comply with the drafting requirements of KRS Chapter 13A; and (2) to amend Section 3 to update the list of accrediting agencies. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 26:215. Nonresident status.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a statutory citation; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2, 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 26:225. Renewal and reinstatement.
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.
201 KAR 26:250. Employment of a psychological associate.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 3 through 5 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 26:280. Licensed psychological associate: application procedures and temporary license.
A motion was made and seconded to approve the following amendments: (1) to amend Section 2 to establish: (a) a one (1) year period of temporary licensure; (b) applicant requirements during the period of temporary licensure; and (c) minimum examination scores for temporary licensure applicants; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and 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 26:290. Licensed psychological practitioner: application procedures.
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 and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board for Licensing for Marriage and Family Therapists: Board
201 KAR 32:050. Code of ethics. Mary Badami, chair, and Nicole Biddle, assistant attorney general, represented the board.
In response to a question by Representative Petrie, Ms. Badami stated that “family system” meant the client’s family members, including spouses.
In response to a question by Co-Chair Harris, Ms. Badami stated that, historically, this administrative regulation had prohibited sexual relationships with current or former clients based on national association standards. The national association revised the prohibition to two (2) years from treatment; however, the national association recently reverted to a complete prohibition. This administrative regulation was being amended commensurately because a client, even two (2) years out from treatment, may need to return to treatment. Additionally, a client – practitioner relationship was an unequal relationship from a power standpoint.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 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 32:060. Continuing education requirements.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1, 3, 4, and 7 to comply with the drafting and formatting requirements of KRS Chapter 13A; (2) to amend Section 7 to clarify requirements for waivers for undue hardship; and (3) to delete Section 8 incorporating the outdated Application for Continuing Education Program Sponsor Approval because the newer Continuing Education Program Provider Approval Application to be used is incorporated in 201 KAR 32:030. Without objection, and with agreement of the agency, the amendments were approved.
Board of Licensure for Professional Art Therapists: Board
201 KAR 34:020. Fees. Lee Alcott, board member, and John Marcus Jones, assistant attorney general, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to add a statutory citation; (2) to amend Section 7 to clarify that the board examination shall apply to a license holder renewing an active license; and (3) to amend Sections 1 and 6 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.
201 KAR 34:030. Continuing education requirements.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3 to: (a) cross reference the examination fee established in 201 KAR 34:020; and (b) clarify that the board examination continuing education credit shall only be granted to an active license holder renewing an active board issued license and to a board approved supervisor; (2) to amend Section 9 for clarity to include military service under the situations in which a person shall reapply for the waiver or extension if service continues beyond the period of the waiver or extension; and (3) to amend Sections 1, 3, 5, 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 34:050. Complaint procedure.
In response to a question by Senator Clark, Mr. Jones stated that the requirement to bring an action in Franklin Circuit Court for injunctive relief, rather than in a court of geographical jurisdiction, was for consistency with similar board administrative regulations.
In response to questions by Co-Chair Harris, Mr. Jones stated that this board did not experience many complaints. The impetus behind using Franklin Circuit Court was due to the board’s small size and minimal funding. The board utilized the Attorney General’s staff for administrative needs, which would be more easily facilitated by using Franklin Circuit Court. Additionally, it would be less expensive for the board and for licensees to use Franklin Circuit Court, rather than to send staff of the Attorney General across the state. Ms. Alcott stated that the board had 196 licensees.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Office of Occupations and Professions: Board of Interpreters for the Deaf and Hard of Hearing: Board
201 KAR 39:001. Definitions for 201 KAR Chapter 39. Derek Drury, chair, and John Marcus Jones, assistant attorney general, represented the board. Virginia Moore, executive director, Kentucky Commonwealth on the Deaf and Hard of Hearing, appeared in opposition to 201 KAR 39:030.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs 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.
201 KAR 39:030. Application; qualifications for licensure; and certification levels.
In response to questions by Co-Chair Harris, Mr. Drury stated that the qualifying score for the Education Interpreter Performance Assessment (EIPA) had been raised from three and five-tenths (3.5) to four (4). Kentucky licensees with less than a score of four (4), who were licensed prior to July 1, 2013, were grandfathered. Mr. Drury did not have knowledge of any applicants after July 1, 2013 who did not achieve at least a score of four (4). A temporary license was valid for five (5) years.
Ms. Moore stated that the qualifying score for the EIPA was raised from three and five –tenths (3.5) to four (4). Kentucky licensees with less than a score of four (4), who were licensed prior to July 1, 2013, were grandfathered. Eleven (11) other states still recognized the EIPA qualifying score as three and five-tenths (3.5). If applicants from those states entered Kentucky to apply for licensure, they would have to do so under a temporary license and work toward a qualifying score of four (4) for nontemporary licensure. The situation created inequality and an unfair advantage for Kentucky licensees.
In response to a question by Co-Chair Harris, Ms. Moore stated that Kentucky Common-wealth on the Deaf and Hard of Hearing requested that this administrative regulation be amended to recognize three and five-tenths (3.5) as a qualifying score for out-of-state applicants prior to 2013. Additionally, this administrative regulation should require proof of validation from “a nationally recognized interpreter organization,” rather than establishing a list of specific nationally recognized interpreter organizations. Ms. Moore requested that the board defer consideration of this administrative regulation to the July meeting of the Subcommittee in order to continue to develop amendments.
In response to a question by Co-Chair Upchurch, Mr. Drury stated that the board considered the request of the Kentucky Commonwealth on the Deaf and Hard of Hearing and did not agree to amend this administrative regulation in response to the request. The chair did not have authorization to defer consideration of this administrative regulation to the July meeting of the Subcommittee without a vote of the full board.
Co-Chair Upchurch stated that the agency did not agree to defer; therefore, this administrative regulation would continue through the process. Stakeholders would have an opportunity to address continued concerns with the subject matter committee to which this administrative regulation would be referred.
A motion was made and seconded to approve the following amendments: 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 39:050. Renewal of licenses, extension of temporary licenses and reinstatement.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to correct a statutory citation; (2) to amend Section 3 to clarify what shall be submitted with a request for reinstatement of a temporary license; and (3) to amend Section 5 to revise material incorporated by reference. With-out objection, and with agreement of the agency, the amendments were approved.
201 KAR 39:070. Application and qualifications for temporary licensure.
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.
Board of Orthotics, Prosthetics and Pedorthics: Board
201 KAR 44:090. Requirements for licensure as an orthotist, prosthetist, orthotist prosthetist, pedorthist, or orthotic fitter on or after January 1, 2013. Nicole Biddle, assistant attorney general, represented the board.
A motion was made and seconded to approve the following amendments: to amend Section 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Medical Imaging and Radiation Therapy: Board
201 KAR 46:035. Practice standards, scopes of practice, and ethical standards. Amy Adkins, chair; Brian Judy, assistant attorney general; and Elizabeth Morgan, executive director, represented the board.
A motion was made and seconded to approve the following amendments: to amend 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 46:040. Medical imaging technologist, advanced imaging professional, radiographer, nuclear medicine technologist, and radiation therapist licenses.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 3 and 8 through 14 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to add a new Section 8 to clarify the requirements for a person who applies for reinstatement following a revocation. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 46:060. Continuing education requirements.
201 KAR 46:070. Violations and enforcement.
A motion was made and seconded to approve the following amendments: to amend Section 3 to: (1) comply with the drafting requirements of KRS Chapter 13A; and (2) add the specific suspension period for performing services without a valid license. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 46:090. Complaint process and administrative hearings.
A motion was made and seconded to approve the following amendments: (1) to amend Section 5 to comply with the drafting requirements of KRS Chapter 13A; and (2) to amend Section 7 to cross reference 201 KAR 46:040 to clarify the requirements for a person who applies for reinstatement following a revocation. 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 2:221. Waterfowl seasons and limits. John Hast, bear program coordinator; Karen Waldrop, deputy commissioner; and David Wicker, general counsel, represented the department.
In response to a question by Senator Clark, Ms. Waldrop stated that administrative regulations were amended approximately three (3) years ago, in accordance with KRS 150.175, to allow a hunter to carry a firearm during nonfirearm seasons if hunting was not conducted with the firearm.
301 KAR 2:300. Black bear seasons and requirements.
A motion was made and seconded to approve the following amendments: to amend Sections 4 through 6 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Hunting and Fishing
301 KAR 3:022. License, tag, and permit fees.
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.
ENERGY AND ENVIRONMENT CABINET: Office of the Secretary: Administration
400 KAR 1:001. Definitions for 400 KAR Chapter 1. Lesly Davis, executive director, and John Horne, general counsel, represented the office.
A motion was made and seconded to approve the following amendments: to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs 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.
400 KAR 1:031. Repeal of 400 KAR 1:030.
400 KAR 1:090. Administrative hearings practice provisions.
In response to questions by Representative Petrie, Mr. Horne stated that the cabinet’s administrative hearing administrative regulations were spread out over five (5) chapters and were somewhat inconsistent. This package consolidated requirements and provided consistency. Stakeholders were not opposed to these changes. The impetus for these changes came from the cabinet, and it was unknown if other agencies were considering a similar structure. Representative Petrie endorsed the electronic filing provided for in this package.
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 through 8, 10 through 12, 16, 17, 20, 21, 23, and 24 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
400 KAR 1:100. General administrative hearing practice provisions relating to matters brought under KRS Chapters 146, 149, 151, 223, and 224.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to adjust a deadline to reflect the projected effective date of this administrative regulation; and (2) to amend Sections 3 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.
Division of Air Quality: Environmental Protection
401 KAR 100:011. Repeal of 100:010.
Department of Natural Resources: Division of Mine Reclamation and Enforcement: Sur-face Effects of Noncoal Mining
405 KAR 5:095. Administrative hearings, informal settlement conferences, and general practice provisions relating to a mineral operation.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to cross reference most definitions; (2) to amend Sections 2 through 7 to comply with the drafting and for-matting requirements of KRS Chapter 13A; and (3) to amend Section 3 to clarify provisions regarding pleadings. Without objection, and with agreement of the agency, the amendments were approved.
General Provisions
405 KAR 7:092. Administrative hearings and assessment conferences relating to matters brought under KRS Chapter 350 relating to surface coal mining and reclamation operations, and coal exploration operations.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to cross reference most definitions; (2) to amend Section 2 to adjust a deadline to reflect the projected effective date of this administrative regulation; (3) to amend Section 5 to clarify provisions regarding pleadings; and (4) to amend Sections 3 through 13 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
405 KAR 7:093. Repeal of 405 KAR 7:091.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Division of Motor Carriers: Motor Carriers
601 KAR 1:113. Transportation Network Company. Ann D’Angelo, assistant general counsel, represented the division.
In response to a question by Senator Clark, Ms. D’Angelo stated that this administrative regulation regulated transportation network companies.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO paragraph to delete incorrect and repealed statutory citations. Without objection, and with agreement of the agency, the amendments were approved.
PUBLIC PROTECTION CABINET: Department of Housing, Buildings and Construction: Di-vision of Building Code Enforcement: Kentucky Building Code
815 KAR 7:120. Kentucky Building Code. Duane Curry, building director; Steve Milby, com-missioner; and David Startsman, general counsel, represented the division.
In response to questions by Co-Chair Harris, Mr. Milby stated that the current building code required a vent on dishwashers; however, newer models did not have vents and worked differently. The division was researching this issue and planned to update requirements accordingly, hopefully before the end of 2017.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to delete a statutory citation; and (2) to amend Section 3 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: Office of Inspector General: Division of Healthcare: Health Services and Facilities
902 KAR 20:053. Repeal of 902 KAR 20:054. Stephanie Hold, director in the Office of the Inspector General, and Robert Silverthorne, inspector general, represented the division.
Kentucky Board of Family Health Care Providers
902 KAR 22:011. Repeal of 902 KAR 22:010 and 902 KAR 22:030.
Controlled Substances
902 KAR 55:076. Repeal of 902 KAR 55:075 and 902 KAR 55:100.
Inspector General
906 KAR 1:081. Repeal of 906 KAR 1:080.
906 KAR 1:091. Repeal of 906 KAR 1:090.
Department for Aging and Independent Living: Division of Operations and Support: Aging Services
910 KAR 1:210. Kentucky Long-Term Care Ombudsman Program. Sherry Culp, long-term care ombudsman, and Phyllis Sosa, staff assistant, represented the division.
Other Business: Co-Chair Upchurch recognized and welcomed Leadership Lake Cumberland to the Subcommittee meeting.
The following administrative regulations were deferred or removed from the June 13, 2017, Subcommittee agenda:
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Education Professional Standards Board: Teaching Certificates
16 KAR 2:020. Occupation-based career and technical education certification.
Educator Preparation
16 KAR 5:020. Standards for admission to educator preparation.
Advanced Certification and Rank
16 KAR 8:040. Ranking of occupation-based career and technical education teachers.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Water: Public Water Supply
401 KAR 8:010. Definitions for 401 KAR Chapter 8.
401 KAR 8:011. Repeal of 401 KAR 8:070, 401 KAR 8:101, 401 KAR 8:550, and 401 KAR 8:600.
401 KAR 8:020. Public and semipublic water systems; submetering; general provisions.
401 KAR 8:040. Laboratory certification.
401 KAR 8:075. Consumer confidence reports and public notification.
401 KAR 8:100. Design, construction, and approval of facilities and approval timetable for 401 KAR Chapter 8.
401 KAR 8:250. Inorganic and organic chemical sampling, analytical techniques, maximum contaminant levels, radionuclides, and secondary standards.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Department for Libraries and Archives: Division of Library Services: Libraries
725 KAR 2:070. Certification renewal of public librarians.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Department of Workplace Development: Office of Employment and Training: Unemployment Insurance
787 KAR 1:070. Reasonable time for protesting claim.
Employment Services
787 KAR 2:040 & E. Local workforce development area governance.
PUBLIC PROTECTION CABINET: Department of Insurance: Health and Life Division: Health Insurance Contracts
806 KAR 17:575. Pharmacy benefit managers.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Medicaid Services: Division of Policy and Operations: Medicaid Services
907 KAR 1:041E. Repeal of 907 KAR 1:018 and 907 KAR 1:019.
Payment and Services
907 KAR 3:206E. Repeal of 907 KAR 3:205.
Outpatient Pharmacy Program
907 KAR 23:001 & E. Definitions for 907 KAR Chapter 23.
Outpatient Pharmacy Program
907 KAR 23:010 & E. Outpatient pharmacy program.
907 KAR 23:020 & E. Reimbursement for outpatient drugs.
The Subcommittee adjourned at 2 p.m. until July 11, 2017, at 1 p.m.