Call to Order and Roll Call
The July meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, July 11, 2017, 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: Senator Ernie Harris, Co-Chair; Representative Ken Upchurch, Co-Chair; Senators, Perry B. Clark, and Alice Forgy Kerr; Representatives Mary Lou Marzian, Jason Petrie, and Tommy Turner.
Guests: Alan Pauw, Judicial Retirement Systems; Margaret Walton, Secretary of State; Gwen Pinson, Finance and Administration Cabinet; Morgan Ransdell, Paula Schenk, Board of Nursing; Amber Arnett, Steve Beam, Karen Waldrop, Department for Fish and Wildlife; Amy Barker, Terry Manuel, Department of Corrections; Beth Milburn, Kevin Osborne, Department for Libraries and Archives; Andy Hightower, Beth Kuhn, Department of Workforce Investment; Laura Begin, Jeffery Sparks, Office of Vital Statistics.
LRC Staff: Sarah Amburgey, Stacy Auterson, Emily Caudill, Betsy Cupp, Ange Darnell, Emily Harkenrider, Karen Howard, and Carrie Klaber.
FINANCE AND ADMINISTRATION CABINET: Judicial Form Retirement System
4 KAR 1:010. General compliance with federal tax laws. Alan Pauw, attorney with Reed Weitkamp Schell and Vice, represented the system.
In response to a question by Co-Chair Harris, Mr. Pauw stated that he was unable to respond to inquiries regarding actuarial assumptions.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct citations; and (2) to amend Sections 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.
4 KAR 1:040. Limitation of benefits.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to add one definition; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 3 and 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.
4 KAR 1:050. Code of professional conduct.
A motion was made and seconded to approve the following amendments: 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. Without objection, and with agreement of the agency, the amendments were approved.
OFFICE OF SECRETARY OF STATE: Certifications
30 KAR 2:010. Certification of vacancy in nominations. Margaret Walton, director of business, represented the office.
A motion was made and seconded to approve the following amendments: (1) to amend Section 2 to specify examples of documentation that can be submitted to substantiate a vacancy due to death; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and 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.
30 KAR 5:060. Search requests and reports.
In response to questions by Co-Chair Harris, Ms. Walton stated that financing statements were filed with the Office of Secretary of State against both individuals and property. Generally, financing statements were filed against movable objects, such as vehicles, crops, and construction or farm equipment. Liens against property were usually filed with the clerk’s office, rather than with the Secretary of State. Bankruptcies were not usually filed with the Secretary of State.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2 through 4, and 6 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
FINANCE AND ADMINISTRATION CABINET: Office of the Secretary: Purchasing
200 KAR 5:081. Repeal of 200 KAR 5:081. Gwen Pinson, general counsel, represented the office.
GENERAL GOVERNMENT CABINET: Board of Nursing
201 KAR 20:070. Licensure by examination. Morgan Ransdell, staff attorney supervisor, and Paula Schenk, executive director, represented the board.
In response to questions by Senator Clark, Ms. Schenk stated that she was unaware of any specific efforts to recruit nurses from Puerto Rico. Puerto Rican nursing program requirements did not comply with those of the rest of the U.S.; therefore, the board required applicants to complete the visa-screening process with an evaluation of their nursing program requirements.
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.
201 KAR 20:110. Licensure by endorsement.
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.
201 KAR 20:225. Reinstatement of license.
201 KAR 20:480. Licensure of graduates of foreign nursing schools.
TOURISM, ARTS, AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Game
301 KAR 2:222. Waterfowl hunting requirements on public lands. Amber Arnett, attorney; Steve Beam, wildlife division director; and Karen Waldrop, deputy commissioner, represented the department.
301 KAR 2:225 & E. Dove, wood duck, teal, and other migratory game bird hunting.
In response to a question by Co-Chair Harris, Ms. Waldrop stated that wetland and water-fowl areas prohibited lead shot from being used. This administrative regulation expanded the areas and the species covered. Lead shot was not prohibited for squirrel hunting.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Parole Board
501 KAR 1:030 & E. Determining parole eligibility. Amy Barker, assistant general counsel, represented the cabinet.
In response to a question by Senator Clark, Ms. Barker stated that time-served requirements were established as percentages based on when each crime was committed. The most current percentage was twenty (20) percent.
In response to questions by Co-Chair Harris, Ms. Barker stated that the change in this administrative regulation was in response to Louisville’s incarceration overcrowding problem, thus necessitating the emergency administrative regulation. 501 KAR 6:140 addressed a mini-mum-security facility, Bell County Forestry Camp.
A motion was made and seconded to approve the following amendment: to amend the RELATES TO paragraph to correct a citation. Without objection, and with agreement of the agency, the amendment was approved.
Office of the Secretary
501 KAR 6:140. Bell County Forestry Camp.
A motion was made and seconded to approve the following amendments: to amend Section 1 and the material incorporated by reference to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Department of Libraries and Archives
725 KAR 2:070. Certification renewal of public librarians. Terry Manuel, commissioner; Beth Milburn, division director; and Kevin Osborne, attorney, represented the department.
In response to a question by Senator Clark, Mr. Manuel stated that the workshop, lecture series, and training program references pertained to continuing education.
A motion was made and seconded to approve the following amendments: to amend Section 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.
Department of Workforce Investment: Employment Services
787 KAR 2:040 & E. Local workforce development area governance. Andy Hightower, senior policy advisor, and Beth Kuhn, commissioner, represented the department.
A motion was made and seconded to approve the following amendments: to amend Sections 5 and 6 to comply with the drafting and formatting 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 Epidemiology and Health Planning: Vital Statistics
901 KAR 5:061. Repeal of 901 KAR 5:060. Laura Begin, regulation coordinator, and Jeffrey Sparks, administrative section supervisor, represented the division.
901 KAR 5:120. Induced termination of pregnancy reporting.
In response to a request by Representative Marzian, Ms. Begin provided a copy of the Report of Induced Termination of Pregnancy form to Representative Marzian. In response to a question by Representative Marzian, Ms. Begin stated that Vital Statistics did not require similar reporting for other healthcare procedures, such as a colonoscopy or eye surgery. Representative Marzian stated that it was interesting that many Kentuckians were opposed to government intrusion; however, this administrative regulation required government reporting on the most personal private decisions made by Kentuckians. Representative Marzian requested to be recorded as voting in opposition to this administrative regulation.
A motion was made and seconded to approve the following amendments: to amend Sections 2 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.
Other Business: Co-Chair Harris introduced a new administrative regulations analyst, Stacy Auterson. The Subcommittee welcomed Mr. Auterson.
The following administrative regulations were deferred or removed from the July 11, 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.
GENERAL GOVERNMENT CABINET: Board of Pharmacy
201 KAR 2:076. Compounding.
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.
Division of Waste Management: Solid Waste Planning
401 KAR 49:011. General provisions relating to area solid waste management plans.
401 KAR 49:080. Solid waste grant funds and solid waste collector and recycler registration.
401 KAR 49:091. Repeal of 401 KAR 49:040, 401 KAR 49:090, and 401 KAR 49:210.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Juvenile Justice: Child Welfare
505 KAR 1:130. Department of Juvenile Justice Policies and Procedures: juvenile services community.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Division of Driver Licensing: Administration
601 KAR 2:030 & E. Ignition interlock.
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.
PUBLIC PROTECTION CABINET: Department of Alcoholic Beverage Control: Licensing
804 KAR 4:230. Extended hours supplemental licenses.
Local Administrators
804 KAR 10:010. Appointment notification of local administrator.
Department of Insurance: Health and Life Division: Health Insurance Contracts
806 KAR 17:575. Pharmacy benefit managers.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: Certificate of Need
900 KAR 6:125. Certificate of need annual surveys.
Data Reporting and Public Use Data Sets
900 KAR 7:030. Data reporting by health care providers.
900 KAR 7:040. Release of public data sets for health care discharge data.
Department for Public Health: Division of Public Health Protection and Safety: Radon
902 KAR 95:040. Radon Contractor Certification Program.
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.
907 KAR 23:010 & E. Outpatient pharmacy program.
907 KAR 23:020 & E. Reimbursement for outpatient drugs.
The Subcommittee adjourned at 1:30 p.m. until August 14, 2017, at 1 p.m.