Call to Order and Roll Call
The August meeting of the Administrative Regulation Review Subcommittee was held on Monday, August 14, 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 Julie Raque Adams, Perry B. Clark, and Alice Forgy Kerr; Representatives Mary Lou Marzian, Jason Petrie, and Tommy Turner.
Guests: Becky Gilpatrick, Melissa Justice, Kentucky Higher Education Assistance Authority; Jimmy Adams, Lauren Graves, Lisa Lang, Education Professional Standards Board; Megan Walton, State Board of Elections; Steve Hart, Board of Pharmacy; John Marcus Jones, Board of Alcohol and Drug Counselors; Amber Arnett, Steve Beam, Ron Brooks, Karen Waldrop, Department of Fish and Wildlife Resources; Aaron Keatley, Pete Goodman, Jon Maybriar, Department for Environmental Protection; William Codell, Miranda Denney, Department of Juvenile Justice; Todd Allen Cassie Blausey; Department of Education; Steve Humphress, Lee Walters, Department of Alcohol Beverage Control; Rebecca Baylous, Molly Nicol Lewis, Office of Health Policy; John Inman, Jill Lee, Robert Silverthorne Jr., Office of Inspector General; Lee Guice, Samantha McKinley, Department for Medicaid Services; Greg Dutton, Betty Whitaker, Kentucky Manufactured Housing.
LRC Staff: Sarah Amburgey, Stacy Auterson, Emily Caudill, Emily Harkenrider, Karen Howard, and Carrie Klaber.
The Administrative Regulation Review Subcommittee met on Monday, August 14, 2017, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
HIGHER EDUCATION ASSISTANCE AUTHORITY: Kentucky Educational Excellence Scholarship Program
11 KAR 15:090. Kentucky Educational Excellence Scholarship (KEES) program. Becky Gilpatrick, director of student aid, and Melissa Justice, senior associate counsel, represented the authority.
In response to a question by Co-Chair Harris, staff stated that the staff suggested-amendment clarified graduation standards for supplemental awards.
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the following amendments: (1) to amend the RELATES TO paragraph to add a citation; (2) to amend Section 5 to delete an out-of-date, superfluous time frame reference; (3) to amend Section 7 to clarify graduation standards for a supplemental award; and (4) to amend Sections 1, 2, 4, 6, and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.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Education Professional Standards Board: Teaching Certificates
16 KAR 2:020. Occupation-based career and technical education certification. Jimmy Adams, executive director; Lauren Graves, executive staff advisor; and Lisa Lang, general counsel, represented 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; and (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. Without objection, and with agreement of the agency, the amendments were approved.
Educator Preparation
16 KAR 5:020. Standards for admission to educator preparation.
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.
Advanced Certification and Rank
16 KAR 8:040. Ranking of occupation-based career and technical education teachers.
In response to questions by Co-Chair Harris, Mr. Adams stated that, with efforts to attract more teachers but ensure quality, content competency was paired with pedagogy. New teachers engaged in a two (2) year New Teacher Induction Program sponsored by the Kentucky Department of Education. The on-the-job induction program included teaching pursuant to a provisional certificate along with pedagogy coursework and opportunities to address concerns with colleagues. Prospective teachers were required to meet a rigorous list of criteria prior to the provisional certificate. Ms. Lang stated that the New Teacher Institute tried, but was unable in some cases, to begin teaching training prior to commencement of the school year.
STATE BOARD OF ELECTIONS: Forms and Procedures
31 KAR 4:010. Voter identification cards. Megan Walton, counsel, 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 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.
31 KAR 4:040. Procedures for absentee voting in county clerk’s office.
Help America Vote Act 2002
31 KAR 6:020. Provisional voting.
GENERAL GOVERNMENT CABINET: Board of Pharmacy
201 KAR 2:076. Compounding. Steve Hart, executive director, represented the board.
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, 4, and 5 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 Alcohol and Drug Counselors
201 KAR 35:080. Voluntary inactive and retired status. John Marcus Jones, assistant attorney general, represented the board.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 4 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.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Fish
301 KAR 1:152 & E. Asian Carp and Scaled Rough Fish Harvest Program. Amber Arnett, counsel; Ron Brooks, fisheries director; and Karen Waldrop, deputy commissioner, represented the department.
In response to questions by Co-Chair Harris, Mr. Brooks stated that there were not enough commercial fishermen to combat the Asian carp encroachment; therefore, this administrative regulation was being amended to ease commercial fishing license fees. Kentucky had three (3) businesses currently operating to harvest and process Asian carp, but more were needed. Approximately two (2) million pounds of Asian carp was harvested annually, but Kentucky’s goal was five (5) million pounds annually. The department was developing plans for a public – private partnership to more efficiently process Asian carp to ensure freshness, with the goal of increasing fishing pressure on the species to combat the encroachment. Asian carp was a popular food in Europe and Asia. It has the nutritional value of salmon, with less contaminants than any other Kentucky fish.
In response to a question by Co-Chair Upchurch, Mr. Brooks stated that the Asian carp invasion had exploded over the last five (5) to ten (10) years. Because the carp jumped and caused impediments to the recreational use of Kentucky waterways, the species was having a negative impact on tourism. The impact was expected to increase exponentially over the next five (5) years, with possibly devastating impacts to tourism in certain regions of Kentucky. The jumping of the Asian carp damaged boats and sometimes caused injuries.
301 KAR 1:195. Repeal of 301 KAR 1:192.
Game
301 KAR 2:049. Small game and furbearer hunting and trapping on public areas.
A motion was made and seconded to approve the following amendment: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendment was approved.
Water Patrol
301 KAR 6:005. Boat registration fees.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Water: Public Water Supply
401 KAR 8:010. Definitions for 401 KAR Chapter 8. Peter Goodmann, executive director; Aaron Keatley, commissioner; and Jon Maybriar, executive director, represented the department.
In response to questions by Co-Chair Harris, Mr. Goodmann stated that the division had virtually eliminated backlogged permit processing over the last two and a half (2 ½) years. The extended deadline for certain facilities’ permit processing was due to the complexity of engineering plans for water treatment facilities. The standing stakeholder workgroup, which met every other month, was apprised of this proposal and came to a consensus that the extended deadline was appropriate.
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.
A motion was made and seconded to approve the following amendment: to amend Section 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
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.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to make a technical correction; 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.
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.
A motion was made and seconded to approve the following amendment: to amend Section 3 for clarity. Without objection, and with agreement of the agency, the amendment was approved.
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. William Codell, attorney, and Miranda Denney, deputy commissioner, represented the department.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Board of Education: Department of Education: Office of Learning Support Services
704 KAR 7:051. Repeal of 704 KAR 7:050. Todd Allen, deputy general counsel, and Cassie Blausey, policy advisor, represented the department.
PUBLIC PROTECTION CABINET: Department of Alcoholic Beverage Control: Licensing
804 KAR 4:230. Extended hours supplemental licenses. Steve Humphress, general counsel, and Lee Walters, counsel, represented the department.
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.
Local Administrators
804 KAR 10:010. Appointment notification of local administrator.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph 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 Health Policy: Certificate of Need
900 KAR 6:090. Certificate of need filing, hearing, and show cause hearing. Rebecca Baylous, assistant general counsel of the Health Services Administrative Hearing Branch, and Molly Lewis, deputy general counsel and acting director of the Certificate of Need Program, represented the office.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to: (a) revise one (1) definition and re-alphabetize; and (b) delete three (3) superfluous definitions; 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.
900 KAR 6:125. Certificate of need annual surveys. (Amended After Comments)
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 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
900 KAR 7:040. Release of public data sets for health care discharge data.
A motion was made and seconded to approve the following amendments: to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct statutory citations. Without objection, and with agreement of the agency, the amendments were approved.
Department for Public Health: Office of Inspector General: Controlled Substances
902 KAR 55:015. Schedules of controlled substances. John Inman, deputy inspector general, and Jill Lee, pharmacist consultant, represented the department.
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 correct citations. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 55:040. Excluded nonnarcotic substances.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct citations. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 55:041. Repeal of 902 KAR 55:020, 902 KAR 55:025, 902 KAR 55:030, and 902 KAR 55:035.
902 KAR 55:095. Prescription for Schedule II controlled substance - authorization of oral prescription for immediate administration, facsimile transmission, or partial filing.
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 and 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department for Medicaid Services: Medicaid Services
907 KAR 1:041E. Repeal of 907 KAR 1:018 and 907 KAR 1:019. Lee Guice, director of policy and operations, and Dr. Samantha McKinley, pharmacy director, represented the department.
Payments and Services
907 KAR 3:066 & E. Nonemergency medical transportation waiver services and payments.
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.
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 Sections 4 and 11 to comply with the formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 23:020 & E. Reimbursement for outpatient drugs.
The following administrative regulations were deferred or removed from the August 14, 2017, Subcommittee agenda:
DEPARTMENT OF MILITARY AFFAIRS: Division of Administrative Services: Military Assistance Trust Funds
106 KAR 2:040. Survivor benefits for death of a National Guard or Reserve Component member.
GENERAL GOVERNMENT CABINET: Board of Embalmers and Funeral Directors
201 KAR 15:030. Fees.
201 KAR 15:050. Apprenticeship and supervision requirements.
201 KAR 15:110. Funeral establishment criteria.
Board of Licensure for Occupational Therapy
201 KAR 28:200. Continuing competence.
201 KAR 28:235. Telehealth occupational therapy services.
PUBLIC PROTECTION CABINET: Office of Occupations and Professions: Board of Registration for Professional Geologists
201 KAR 31:010. Fees.
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 Insurance: Health Insurance Contracts
806 KAR 17:575. Pharmacy benefit managers.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Public Health: Radon
902 KAR 95:040. Radon Contractor Certification Program.
Department for Community Based Services: Supplemental Nutrition Assistance Program
921 KAR 3:025. Technical requirements.
921 KAR 3:042. Supplemental Nutrition Assistance Program employment and training program.
The Subcommittee adjourned at 1:35 p.m. until September 11, 2017, at 1 p.m.