Call to Order and Roll Call
The September meeting of the Administrative Regulation Review Subcommittee was held on Monday, September 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: Sarah Beth Gregory, Charles Hunt, Auditor of Public Accounts; Shan Dutta, Board of Professional Geologists; Amber Arnett, Ron Brooks, Department of Fish and Wildlife Resources; Amy Barker, Department of Corrections; Brooken Smith, Michael Swansburg, Labor Cabinet; Stephen Humphress, Heather Mercadante, Department of Alcoholic Beverage Control; Patrick O’Connor II, Department of Insurance; Laura Begin, Erica Brakefield, Brent Irvin, Ken Spach, Robert Silverthorn Jr., Jennifer Wolsing, Office of Inspector General; Elizabeth Caywood, Leitha Harris, Department of Community Based Services; Shannon Stiglitz, Retail Federation; Kyle Hoylman, Steven Rice, Radon Program Advisory Committee.
LRC Staff: Sarah Amburgey, Stacy Auterson, Emily Caudill, Betsy Cupp, Ange Darnell, Emily Harkenrider, Karen Howard, and Carrie Klaber.
The Administrative Regulation Review Subcommittee met on Monday, September 11, 2017, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
AUDITOR OF PUBLIC ACCOUNTS
45 KAR 1:030. Audits of sheriffs’ tax settlements. Chris Hunt, general counsel, and Sarah Beth Gregory, chief of staff, represented the Auditor of Public Accounts.
45 KAR 1:040. Audits of county fee officials.
45 KAR 1:050. Audits of fiscal courts.
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 Section 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
PUBLIC PROTECTION CABINET: Office of Occupations and Professions: Board of Registration for Professional Geologists
201 KAR 31:010. Fees. Shan Dutta, 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 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.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Fish
301 KAR 1:201. Taking of fish by traditional fishing methods. Amber Arnett, counsel, and Ron Brooks, fisheries director, represented the department.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Office of the Secretary
501 KAR 6:230. Little Sandy Correctional Complex. Amy Barker, assistant general counsel, represented the department.
In response to questions by Co-Chair Harris, Ms. Barker stated that a change was made to the statewide policy to prohibit inmates from sending money outside of a facility and to prohibit inmates from opening savings accounts. The individual facility policies were being amended to comply with that statewide policy. The policy was the result of a specific security problem that had occurred. The department was still considering that statewide policy and may further refine it in the future. Inmates were still able to pay certain amounts to outside entities, but were prohibited from directly sending money outside of a facility.
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 and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 6:270 & E. Probation and parole policies and procedures.
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 and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 6:999. Corrections secured policies and procedures.
This administrative regulation was reviewed and amended, without objection and with agreement of the agency, by the Subcommittee in closed session pursuant to KRS 61.810(1)(k), 61.815(2), and 197.025(6).
LABOR CABINET: Department of Workplace Standards: Division of Occupational Health and Safety Compliance: Division of Occupational Safety and Health Education and Training
803 KAR 2:425 & E. Toxic and hazardous substances. Brooken Smith, chief of staff, and Michael Swansburg, general counsel, represented the division.
PUBLIC PROTECTION CABINET: Department of Alcoholic Beverage Control: Licensing
804 KAR 4:390. License renewals. Stephen Humphress, general counsel, and Heather Mercadante, executive adviser, represented the department.
804 KAR 4:400. Applications incorporated by reference.
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 and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
804 KAR 4:410. Product registration and forms.
A motion was made and seconded to approve the following amendment: to amend Section 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendment was approved.
Transportation of Alcoholic Beverages
804 KAR 8:050. Signs on vehicles used.
In response to a question by Senator Clark, Mr. Humphress stated that the department historically had the authority to check premises. KRS 241.090 authorized the department to perform warrantless inspections; however, the department rarely performed warrantless inspections. KRS 243.200 provided for the consent of transporters prior to inspection. The U.S. Supreme Court had recognized that the alcoholic beverage industry is highly regulated; therefore, there was a reduced expectation of privacy.
In response to a question by Co-Chair Harris, Mr. Humphress stated that the department had encountered situations of bootleggers, especially from dry counties who, without a licensed vehicle, purchased large quantities of alcoholic beverages for transport back to the dry counties with the intent to sell. Department investigators in that situation would usually follow the vehicle to determine if a violation was occurring and had existing authority pursuant to probable cause and reasonable suspicion standards.
Department of Insurance: Kinds of Insurance; Limits of Risk; Reinsurance
806 KAR 5:031. Repeal of 806 KAR 5:030 and 806 KAR 5:040. Patrick O’Connor II, deputy commissioner, represented the department.
Investments
806 KAR 7:011. Repeal of 806 KAR 7:010.
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.
Agents, Consultants, Solicitors and Adjusters
806 KAR 9:051. Repeal of 806 KAR 9:050 and 806 KAR 9:300.
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.
Health Insurance Contracts
806 KAR 17:575. Pharmacy benefit managers. Shannon Stiglitz, vice president of governmental affairs, represented the Kentucky Retail Federation in support of this administrative regulation.
In response to questions by Representative Petrie, Mr. O’Connor stated that this administrative regulation was initiated because of significant complaints from stakeholders, primarily pharmacists. KRS 304.17A-162 authorized the department to regulate pharmacy benefit managers and the reimbursement process. This administrative regulation clarified and expanded substantive provisions for appeals in the case of cost disputes. This administrative regulation also increased transparency by requiring benefit managers to include greater detail in individual notifications. The department utilized existing personnel to investigate complaints; therefore, this administrative regulation was not expected to burden the department’s budget. Some pharmacy benefit managers had expressed concerns that developing their own online systems would be burdensome; however, the department anticipated that this administrative regulation would streamline the process for all stakeholders and reduce complaints in general.
Ms. Stiglitz stated that the Kentucky Retail Federation, which representation included retail pharmacies and the Kentucky Pharmacists Association, fully supported this administrative regulation. This administrative regulation was necessary to complete the intent of Senate Bill 117 from the 2016 Regular Session of the General Assembly. Pharmacy benefit managers did not need to be concerned about burdensome requirements because complaints would not be filed if reimbursements were conducted appropriately. Senate Bill 117 from the 2016 Regular Session of the General Assembly authorized the department to assist financially with the infrastructure necessary to comply with the mandates.
In response to questions by Representative Petrie, Ms. Stiglitz stated that this administrative regulation should be sufficient to give the department the authority and the necessary standards to enforce Senate Bill 117 from the 2016 Regular Session of the General Assembly; however, whether or not this administrative regulation was sufficient to meet the overall needs of pharmacists was not yet determinable.
In response to a question by Co-Chair Harris, Ms. Stiglitz stated that a good groundwork had been established for a working relationship between the department and the Kentucky Retail Federation. Mr. O’Connor stated that the department had a good working relationship with the pharmacist community and with pharmacy benefit managers. The department had worked with both groups to develop this administrative regulation and also had a good working relationship with Kentucky Medicaid Services.
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 Section 5 to comply with the drafting requirements of KRS Chapter 13A; and (3) to amend Section 5 for consistency to require the weekly updates to the maximum allowable cost price list to be provided within two (2) business days of receipt of the request from the contracted pharmacy. Without objection, and with agreement of the agency, the amendments were approved.
Domestic Stock and Mutual Insurers
806 KAR 24:022. Repeal of 806 KAR 24:020.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Inspector General: Division of Healthcare: Health Services and Facilities
902 KAR 20:360 & E. Abortion facilities. Robert Silverthorn, Jr., inspector general, and Jennifer Wolsing, general counsel, represented the division.
In response to questions by Senator Clark, Mr. Silverthorn stated that testimony in the litigation related to this administrative regulation ended September 8, 2017. After a briefing period, the matter would be considered by the court. It was unnecessary to defer consideration of this administrative regulation until the court determination because that decision may be many months away. Senator Clark stated that, if we as a Commonwealth believed that abortion should be safe, legal, and rare, this administrative regulation seemed contrary to that ideal. It had been determined that abortion was protected by the U.S. Constitution. While Senator Clark stated that he was not pro-abortion, he recommended deferral of this administrative regulation until the court determination was issued.
In response to questions by Representative Marzian, Mr. Silverthorn stated that, in addition to abortion facilities, there were certain ambulatory care centers that, through the State Health Plan and Certificate of Need process, were required to have a patient transfer agreement. In order to be licensed, a facility was first required to obtain a Certificate of Need, which was the component that required the patient transfer agreement; therefore, the ambulatory care centers were indirectly required to establish patient transfer agreements for licensure. Representative Marzian requested to be recorded as voting in opposition to this administrative regulation.
Department for Community Based Services: Division of Family Support: Supplemental Nutrition Assistance Program
921 KAR 3:025. Technical requirements. Elizabeth Caywood, executive advisor, and Leitha Harris, section supervisor, represented the program.
In response to a question by Representative Petrie, Ms. Caywood stated that the requirements for able-bodied adults in the program had not changed. The purpose of this administrative regulation was to open the employment and training program to other households that could benefit but were not necessarily required to participate.
921 KAR 3:042. Supplemental Nutrition Assistance Program employment and training program.
Other Business: Co-Chair Harris led a moment of silence in honor of the victims of the September 11, 2001 terrorist attacks on the U.S., including citizens lost that day and those who had sacrificed since that time in the fight against terrorism around the world. Thoughts were also offered for victims of the recent hurricanes, especially in Texas, Florida, Georgia, and other regions.
Sarah Beth Gregory, former member of the Subcommittee and current chief of staff for the Auditor of Public Accounts, was recognized and welcomed.
Co-Chair Harris stated that agencies’ efforts to comply with the Red Tape Reduction Initiative were appreciated and, in so doing, it was important to remain in compliance with KRS 13A.221, which required subject matter to be divided into topics. A separate administrative regulation was required to be promulgated for each topic. If several topics were consolidated into one (1) administrative regulation, the resulting administrative regulation could be cumbersome to amend and difficult for stakeholders to use.
The following administrative regulations were deferred or removed from the September 11, 2017, Subcommittee agenda:
COUNCIL ON POSTSECONDARY EDUCATION: Public Educational Institutions
13 KAR 2:120. Comprehensive funding model for the allocation of state general fund appropriations to public universities.
13 KAR 2:130. Comprehensive funding model for the allocation of general fund appropriations to the Kentucky Community and Technical College System institutions.
Adult Education and Literacy
13 KAR 3:050. GED® eligibility requirements.
FINANCE AND ADMINISTRATION CABINET: Teachers’ Retirement System: Board of Trustees
102 KAR 1:070. Application for retirement.
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 Pharmacy
201 KAR 2:380. Board authorized protocols.
Board of Medical Licensure
201 KAR 9:260. Professional standards for prescribing and dispensing controlled substances.
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 Nursing
201 KAR 20:057. Scope and standards of practice of advanced practice registered nurses.
Board of Licensure for Occupational Therapy
201 KAR 28:200. Continuing competence.
201 KAR 28:235. Telehealth occupational therapy services.
Board of Licensed Professional Counselors
201 KAR 36:065. Licensed professional clinical counselor supervisor.
201 KAR 36:070. Application, education, and examination requirements.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Waste Management: Identification and Listing of Hazardous Waste
401 KAR 31:002. Repeal of 401 KAR 31:005, 401 KAR 31:010, 401 KAR 31:020, 401 KAR 31:030, 401 KAR 31:035, 401 KAR 31:040, 401 KAR 31:050, 401 KAR 31:070, 401 KAR 31:100, 401 KAR 31:110, 401 KAR 31:160, and 401 KAR 31:170.
Standards Applicable to Generators of Hazardous Waste
401 KAR 32:002. Repeal of 401 KAR 32:005, 401 KAR 32:010, 401 KAR 32:020, 401 KAR 32:030, 401 KAR 32:040, 401 KAR 32:050, 401 KAR 32:060, 401 KAR 32:065, and 401 KAR 32:100.
Standards Applicable to Transporters of Hazardous Waste
401 KAR 33:002. Repeal of 401 KAR 33:005, 401 KAR 33:010, 401 KAR 33:020, and 401 KAR 33:030.
Standards for Owners and Operators of Hazardous Waste Storage, Treatment and Disposal Facilities
401 KAR 34:002. Repeal of 401 KAR 34:005, 401 KAR 34:010, 401 KAR 34:020, 401 KAR 34:030, 401 KAR 34:040, 401 KAR 34:050, 401 KAR 34:060, 401 KAR 34:070, 401 KAR 34:080, 401 KAR 34:090, 401 KAR 34:100, 401 KAR 34:110, 401 KAR 34:120, 401 KAR 34:130, 401 KAR 34:180, 401 KAR 34:190, 401 KAR 34:200, 401 KAR 34:210, 401 KAR 34:220, 401 KAR 34:230, 401 KAR 34:240, 401 KAR 34:245, 401 KAR 34:250, 401 KAR 34:275, 401 KAR 34:280, 401 KAR 34:281, 401 KAR 34:285, 401 KAR 34:287, 401 KAR 34:290, 401 KAR 34:320, 401 KAR 34:330, 401 KAR 34:340, 401 KAR 34:350, 401 KAR 34:360, and 401 KAR 34:370.
Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities
401 KAR 35:002. Repeal of 401 KAR 35:005, 401 KAR 35:010, 401 KAR 35:020, 401 KAR 35:030, 401 KAR 35:040, 401 KAR 35:050, 401 KAR 35:060, 401 KAR 35:070, 401 KAR 35:080, 401 KAR 35:090, 401 KAR 35:100, 401 KAR 35:110, 401 KAR 35:120, 401 KAR 35:130, 401 KAR 35:180, 401 KAR 35:190, 401 KAR 35:200, 401 KAR 35:210, 401 KAR 35:220, 401 KAR 35:230, 401 KAR 35:240, 401 KAR 35:245, 401 KAR 35:250, 401 KAR 35:260, 401 KAR 35:270, 401 KAR 35:275, 401 KAR 35:280, 401 KAR 35:281, 401 KAR 35:285, 401 KAR 35:290, 401 KAR 35:310, 401 KAR 35:320, 401 KAR 35:330, 401 KAR 35:340, and 401 KAR 35:350.
Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste
401 KAR 36:002. Repeal of 401 KAR 36:005, 401 KAR 36:020, 401 KAR 36:025, 401 KAR 36:030, 401 KAR 36:060, 401 KAR 36:070, 401 KAR 36:080, and 401 KAR 36:090.
Land Disposal Restrictions
401 KAR 37:002. Repeal of 401 KAR 37:005, 401 KAR 37:010, 401 KAR 37:020, 401 KAR 37:030, 401 KAR 37:040, 401 KAR 37:050, 401 KAR 37:060, and 401 KAR 37:110.
Hazardous Waste Permitting Process
401 KAR 38:002. Repeal of 401 KAR 38:005, 401 KAR 38:010, 401 KAR 38:020, 401 KAR 38:025, 401 KAR 38:030, 401 KAR 38:040, 401 KAR 38:050, 401 KAR 38:060, 401 KAR 38:070, 401 KAR 38:080, 401 KAR 38:090, 401 KAR 38:150, 401 KAR 38:160, 401 KAR 38:170, 401 KAR 38:180, 401 KAR 38:190, 401 KAR 38:200, 401 KAR 38:210, 401 KAR 38:230, 401 KAR 38:240, 401 KAR 38:250, 401 KAR 38:260, 401 KAR 38:270, 401 KAR 38:290, 401 KAR 38:300, 401 KAR 38:310, 401 KAR 38:320, 401 KAR 38:330, and 401 KAR 38:500.
Hazardous Waste Fees
401 KAR 39:005. Definitions for 401 KAR Chapter 39.
401 KAR 39:011. Repeal of 401 KAR 39:100 and 401 KAR 39:110.
401 KAR 39:060. General requirements.
401 KAR 39:080. Hazardous waste handlers.
401 KAR 39:090. Hazardous waste permit program.
401 KAR 39:120. Permit review, determination timetables, and fees.
Standards for Special Collection System Wastes
401 KAR 43:002. Repeal of 401 KAR 43:005, 401 KAR 43:010, 401 KAR 43:020, 401 KAR 43:030, 401 KAR 43:040, 401 KAR 43:050, 401 KAR 43:060, and 401 KAR 43:070.
Standards for the Management of Used Oil
401 KAR 44:002. Repeal of 401 KAR 44:005, 401 KAR 44:010, 401 KAR 44:020, 401 KAR 44:030, 401 KAR 44:040, 401 KAR 44:050, 401 KAR 44:060, 401 KAR 44:070, and 401 KAR 44:080.
Special Waste
401 KAR 45:060. Special waste permit-by-rule.
Standards for Solid Waste Facilities
401 KAR 48:005. Definitions related to 401 KAR Chapter 48.
401 KAR 48:090. Operating requirements for contained landfills.
Certificates of Environmental Safety and Public Necessity
410 KAR 1:002. Repeal of 410 KAR 1:010 and 410 KAR 1:020.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Office of the Secretary
501 KAR 6:110. Roederer Correctional Complex.
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.
ENERGY AND ENVIRONMENT CABINET: Department for Natural Resources: Division of Oil and Gas: Division
805 KAR 1:060. Plugging wells.
805 KAR 1:071. Repeal of 805 KAR 1:070.
Coal Bed Methane
805 KAR 9:041. Repeal of 805 KAR 9:040.
PUBLIC PROTECTION CABINET: Department of Insurance: Authorization of Insurers and General Requirements
806 KAR 3:011. Repeal of 806 KAR 3:010, 806 KAR 3:020, and 806 KAR 3:220.
806 KAR 3:210. Privacy of consumer financial and health information.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: State Health Plan
900 KAR 5:020. State Health Plan for facilities and services.
Office of the Secretary: Medical Review Panel Branch
900 KAR 11:010 & E. Medical review panels.
Division of Audits and Investigations: Controlled Substances
902 KAR 55:110. Monitoring system for prescription controlled substances.
Department for Public Health: Division of Public Health Protection and Safety: Radon
902 KAR 95:040. Radon Contractor Certification Program. Laura Begin, regulation coordinator; Erica Brakefield, environmental health supervisor; Brent Irvin, counsel; and Ken Spach, environmental health manager, represented the division. Kyle Hoylman, chair, and Steven Rice, vice chair, represented the Radon Program Advisory Committee and appeared in opposition to this administrative regulation.
Mr. Rice stated that, as vice chair of the Radon Program Advisory Committee, he believed that this advisory committee had been ignored, neglected, and misled during the administrative regulation process pertaining to this administrative regulation. The division had opted to act independently of the advisory committee’s ruling regarding this administrative regulation. KRS 211.9105 required the Radon Program Advisory Committee to review and comment on relevant administrative regulations promulgated by the division; however, the division had not contacted Mr. Rice. Emails seemed to have been sent by the division to an incorrect email address. Mr. Rice owned a radon measurement company and represented one (1) component of the industry on the advisory committee. The division had opted not to enforce the prior version of this administrative regulation, which had been developed in coordination with the industry representatives on the advisory committee. Mr. Rice requested deferral of this administrative regulation to allow the advisory committee to consult with the division.
Mr. Hoylman stated that, as chair of the Radon Program Advisory Committee, he wanted to raise awareness of the role radon played in lung cancer in Kentucky. Kentucky leads the nation regarding lung cancer, with 695 new cases diagnosed each year and with 495 deaths annually. The annual financial burden to Kentucky pertaining to radon-induced lung cancer was estimated to be approximately $153,000,000. Mr. Hoylman was himself a cancer survivor and had lost his father, a nonsmoker, to lung cancer in 2009. The home Mr. Hoylman’s father lived in for over thirty (30) years contained indoor radon concentrations seven (7) times greater than U.S. EPA’s action level. The division ceased enforcing the requirements of this administrative regulation as a result of litigation and an injunction agreed to by the division and the litigants. The currently proposed version of this administrative regulation was the result of agreements made pursuant to the litigation without approval of the advisory committee. Although the advisory committee had unfilled appointments and difficulty maintaining a quorum, the advisory committee was confident that a better, consensus-based regulatory outcome was achievable. Most states bordering Kentucky established more stringent radon requirements than those currently proposed. All public comments were not addressed in the division’s Statement of Consideration. Mr. Hoylman requested deferral of this administrative regulation to allow the advisory committee to consult with the division.
In response to questions by Co-Chair Harris, Mr. Hoylman stated that this administrative regulation was deficient because the proposed credentialing agencies did not have even minimum specific radon contractor credentialing, training, or standards programs. Additionally, this administrative regulation did not establish adequate consensus-based standards.
Ms. Begin stated that the division was in litigation regarding this administrative regulation, and amending this administrative regulation was an attempt to resolve the litigation so that the program could resume enforcement. The division reduced requirements that were more stringent that the authorizing statutes to the extent that public health and safety were still maintained. The advisory committee had not met in a while and experienced difficulty maintaining a quorum when it did meet; however, individual advisory committee members were sent copies of this proposed administrative regulation. Regarding the credentialing agencies, the National Radon Safety Board was included in the amended after comments version of this administrative regulation.
In response to the statements by Ms. Begin, Mr. Rice stated that KRS 194A.050(1) requires the secretary of the cabinet to promulgate administrative regulations necessary to protect the health of the individual citizens of the Commonwealth. This administrative regulation does not protect the health of the citizens because it fails to establish reasonable standards for the radon industry. Radon testing will be less accurate, and radon mitigation will be less effective at reducing lung cancer.
In response to a question by Co-Chair Harris, Mr. Rice stated that his statement that this administrative regulation would cause radon testing to be less accurate and radon mitigation to be less effective was his opinion and based in fact pertaining to the history of this issue. Mr. Spach stated that this administrative regulation was originally developed for both public health protection and industry regulation. Because of litigation, this administrative regulation was amended to reduce the burden on industry by streamlining and reducing requirements, without sacrificing public health protection.
In response to a question by Co-Chair Harris, Senator Kerr, and Representative Marzian, Ms. Begin stated that the division agreed to defer consideration of this administrative regulation. Without objection, and with agreement of the agency, this administrative regulation was deferred to the October 10 meeting of the Subcommittee.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 4 through 7, and 9 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Radiology
902 KAR 100:180. Technologically enhanced naturally occurring radioactive material related to oil and gas development.
Department for Medicaid Services: Division of Policy and Operations
907 KAR 1:045. Reimbursement provisions and requirements regarding community mental health center services.
907 KAR 1:047. Community mental health center primary care services.
Medicaid Services
907 KAR 1:102. Advanced practice registered nurse services.
907 KAR 1:104. Reimbursement for advanced practice registered nurse services.
907 KAR 1:479. Durable medical equipment covered benefits and reimbursement.
Payment and Services
907 KAR 3:005. Coverage of physicians’ services.
907 KAR 3:010. Reimbursement for physicians’ services.
Division of Protection and Permanency: Child Welfare
922 KAR 1:140 & E. Foster care and adoption permanency services.
922 KAR 1:320. Service appeals.
922 KAR 1:330. Child protective services.
Division of Protection and Permanency: Child Welfare
922 KAR 1:421. Repeal of 922 KAR 1:420.
922 KAR 1:430. Child protective services in-home case planning and service delivery.
922 KAR 1:470. Central registry.
922 KAR 1:480. Appeal of child abuse and neglect investigative findings.
922 KAR 1:490 & E. Background checks for foster and adoptive parents, caretaker relatives, kinship caregivers, fictive kin, and reporting requirements.
922 KAR 1:550 & E. Operator’s license for children in the custody of the cabinet.
The Subcommittee adjourned at 2:07 p.m. until October 10, 2017, at 1 p.m.