Call to Order and Roll Call
The November meeting of the Administrative Regulation Review Subcommittee was held on Monday, November 13, 2017, at 10:00 AM, 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 Julie Raque Adams, and Perry B. Clark; Representatives Mary Lou Marzian, and Jason Petrie.
Guests: Emily Dennis, Registry of Election Finance; Sharron Burton, Personnel Cabinet; Rebecca Rogers Johnson, Ed Ross, Lisa Swiger, Department of Revenue; Scott Greenwell, Board of Pharmacy; Nathan Goldman, Board of Nursing; Jared Downs, Stacy Grider, Brian Judy, Martin Wesley, Board of Licensure for Occupational Therapy; Amber Arnett, Ron Brooks, Karen Waldrop, Department of Fish and Wildlife Re-sources; Joe Bilby, Jason Glass, Clint Quarles, Department of Agriculture; Rick Bender, Aaron Keatley, Joh Maybriar, Bruce Scott, Larry Taylor, Department of Environmental Protection; Jeffery Biard, Allen Luttrell, Department of Natural Resources; Mark Jordan, Steven Milby, Da-vid Moore, David Startsman, Department of Housing, Buildings and Construction; Mary Lewis, Brandon Smith, Eric Smith, Office of Health Policy; Steve Davis, Stephanie Hold, Jill Lee, Office of Inspector General; Laura Begin, Erica Brakefield, Ken Spach, Jennifer Wolsing, Department of Public Health; Donna Little, Department of Medicaid; Michelle Anderson, Elizabeth Caywood, Steven Fisher, Gretchen Marshall; Department for Community Based Services; Dr. Trish Freeman, Cindy Stone, Leslie Kenney, Patty Swiney. Nancy Galvagni, Mary Haynes, Betsy Johnson, Bill Barr.
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, November 13, 2017, and submits this report:
Administrative Regulations Reviewed by the subcommittee:
DEPARTMENT OF STATE: Registry of Election Finance: Reports and Forms
32 KAR 1:020 & E. Statement of spending intent and appointment of campaign treasurer. Emily Dennis, general counsel, represented the registry.
A motion was made and seconded to approve the following amendments: to amend Section 3 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.
PERSONNEL CABINET: Office of the Secretary: Personnel Cabinet, Classified
101 KAR 2:210 & E. 2018 Plan year handbook for the public employee health insurance program. Sharon Burton, deputy executive director and counsel, represented the cabinet.
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: General Administration
103 KAR 1:120. Employee access to federal tax information (FTI). Rebecca Johnson, disclosure and security officer; Ed Ross, state controller; and Lisa Swiger, tax policy research consultant, represented the department.
In response to questions by Co-Chair Harris, Ms. Johnson stated that employees subject to the background check were previously investigated only by a simple background check provided through the Administrative Office of the Courts. This amendment added a federally mandated fingerprint FBI background check.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct statutory citations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, and 4 through 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.
Income Tax; Corporations
103 KAR 16:391. Repeal of 103 KAR 16:390 and 103 KAR 16:020.
Income Tax; Individual
103 KAR 17:151. Repeal of 103 KAR 17:150.
Sales and Use Tax; Service and Professional Occupations
103 KAR 26:110. Motor carrier repair and replacement parts.
Sales and Use Tax; Miscellaneous Retail Transactions
103 KAR 28:150. Collection of sales tax on certain motor vehicle sales.
Sales and Use Tax; Administration and Accounting
103 KAR 31:050. Returned merchandise.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to add a statutory citation; and (2) 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.
103 KAR 31:180. Signature project refunds on construction costs.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct statutory citations; and (2) 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.
103 KAR 31:190. Alternative fuel, gasification, and renewable energy facility refunds on construction costs.
103 KAR 31:200. Energy efficiency projects.
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 Section 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Selective Excise Tax; Motor Vehicle Usage
103 KAR 44:060. Motor vehicle usage tax valuation.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct a statutory citation; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2 through 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
103 KAR 44:070. Taxation of loaner and rental motor vehicles.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct statutory citations; and (2) 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.
103 KAR 44:100. Procedures for refund based on vehicle condition.
A motion was made and seconded to approve the following amendments: to amend 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.
103 KAR 44:120. Incorrect statement of origin or certificate of title.
Tax Increment Financing
103 KAR 50:021. Repeal of 103 KAR 50:020, 103 KAR 50:030 and 103 KAR 50:040.
Office of the Controller
200 KAR 38:021. Repeal of 200 KAR 38:020 and 201 KAR 38:030.
GENERAL GOVERNMENT CABINET: Board of Pharmacy
201 KAR 2:380. Board authorized protocols. Scott Greenwell, president, represented the board. Dr. Trish Freeman, chair, Kentucky Pharmacists Association; Dr. Cindy Stowe, dean, Sullivan University College of Pharmacy; and Leslie Kenney, hospital pharmacist, Kentucky Society Health-system Pharmacists, appeared in support of this administrative regulation. Dr. Patty Swiney, Kentucky Academy of Family Physicians, appeared in opposition to this administrative regulation.
In response to questions by Senator Raque Adams, Mr. Greenwell stated that KRS 315.010, revised during the 2016 Regular Session of the General Assembly, updated the definition of “prescription drug order” to include prescriber-driven protocols. This administrative regulation was promulgated in response to that statutory revision to establish board procedures for the authorization of prescriber-driven protocols by which pharmacists dispensed medications or other professional services. Past examples of prescriber-driven protocols performed by pharmacists included administration of vaccinations for immunization and naloxone for opioid overdose. Controlled substances were excluded from this administrative regulation. While vaccinations for immunization and naloxone for opioid overdose were specifically established by the board’s statutory authority, KRS 315.010 was revised to include general prescriber-driven protocols; therefore, it was unnecessary to have each specific type of protocol directly established by statute. Dr. Swiney stated that the Kentucky Academy of Family Physicians (KAFP) was made aware of the development of this administrative regulation and attempted to work with the board to resolve concerns. After public comments, the board amended the administrative regulation in response to a comment the KAFP made regarding the need to exclude con-trolled substances from the possible protocols, but the board did not address KAFP’s other concerns.
In response to questions by Senator Clark, Mr. Greenwell stated that the vaccinations for immunization currently being dispensed by pharmacists were based on prescriber-driven protocols, typically based on a general standing order from a prescriber.
Dr. Freeman stated that Kentucky Pharmacists Association, which represented over 1,800 pharmacy professionals throughout the Commonwealth, enthusiastically supported this administrative regulation to establish procedures for board authorization of protocols for pharma-cists under the direction of prescribers to provide mutually agreed upon services. Healthcare access in Kentucky was a growing concern, and this program promised to be an important component in bridging the gap, especially in rural areas. This program provided for evidence-based, prescriber-driven, board-authorized protocols to enhance patient and public health. Pharmacists were only authorized to provide these services based on specific prescriber-driven protocols approved by the board pursuant to rigorous criteria. Pharmacists did not have independent authority to prescribe and dispense medication. In response to comments by Dr. Swiney, Dr. Freeman stated that the Kentucky Pharmacists Association met with KAFP and other stakeholders regarding concerns about this administrative regulation. Separate administrative regulations for each protocol was going to be a lengthy process; therefore, a decision was made to develop a regulatory process for the board itself to approve or deny the protocols. The general protocol development requirements were based on the naloxone protocol requirements.
Dr. Stowe stated that Sullivan University College of Pharmacy fully supported this administrative regulation. Pharmacist education pre-pared students for team-based collaborative, direct-patient care as part of an inter-professional healthcare team. Training included collecting and interpreting evidence; prioritizing problems; formulating assessments and recommendations; implementing, monitoring, and adjusting plans of care; and documenting services. Pharmacists were fully prepared to perform protocol-based care, and this administrative regulation required that any protocol initiated between a pharmacist and a prescriber (and authorized by the board) must establish that any additional education necessary shall be completed prior to protocol implementation.
Ms. Kenney, as a pharmacist with Norton HealthCare and president for the Kentucky Society of Health-system Pharmacists, stated that pharmacists had long been trained to perform collaboratively with prescribers. Kentucky citizens deserved this type of care, which was timely, proactive, and collaborative. Pharmacists were ready to implement this administrative regulation.
Dr. Swiney stated that the KAFP was opposed to this administrative regulation because the proposed protocols were inappropriately broad. When the KAFP met with the Kentucky Pharmacists Association and the board about this program, the initial proposal was for nine (9) to eleven (11) diagnoses and associated protocols for matters such as smoking cessation. While protocols for vaccinations for immunization and naloxone for opioid overdose had proven very successful, this administrative regulation reached far beyond that and included the potential for 1,000 new protocols. The only limitation was the prohibition on the dispensing of controlled substances. Patient care needed to be individualized, especially for those with complicated diseases such as diabetes. Improper clinical knowledge or diagnosis could be life threatening. Continuity of care may be disrupted. For example, a patient may be in the process of being weaned from a medication, but a pharmacist may not be aware that the dosage was being scaled back. This administrative regulation required an attempted communication with the primary care provider within thirty (30) days; however, this deadline was unacceptable. Communication should be required within twenty-four (24) to forty-eight (48) hours. For a patient without a primary care provider, this administrative regulation does not address assisting the patient in finding a provider. A pharmacist, while an important member of a healthcare team, was not a primary care provider. Section 2 of this administrative regulation referenced “other professional services;” however, the term was vague and needed to be defined. Other pertinent issues not addressed by this administrative regulation included pharmacist examination fees, increased pharmacist malpractice requirements, patients on multiple medications, and nonmedicinal modalities such as physical therapy or nutritional assessment. The protocols are required to have Board of Pharmacy approval, but not necessarily approval of the Kentucky Board of Medical Licensure or the Kentucky Board of Nursing. There would not General Assembly input in the protocols as was statutorily required with vaccinations for immunization. Naloxone was vetted by the General Assembly for public safety prior to that protocol being put in place. It was unclear if protocols would vary from pharmacy to pharmacy or be consistent throughout the Commonwealth. The REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT did not clarify if additional pharmacist education would be necessary for the new protocols and, if so, what the procedural requirements would be. The scope of this administrative regulation should be limited to address some of these concerns.
Co-Chair Harris stated that the board was required to ensure patient safety and care throughout the protocol system. It was concerning, especially from a continuity of care angle, that this administrative regulation was expanding pharmacists authority. The subcommittee did not request that the board defer consideration of this administrative regulation because the Interim Joint Committee on Health and Welfare and Family Services planned to meet in December and this administrative regulation was going to be considered at that subject matter-specific committee meeting. Co-Chair Harris asked the board to work with all stakeholders to ensure patient safety and an appropriate administrative regulation.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, and CONFORMITY paragraph and Sections 1 through 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 Nursing
201 KAR 20:505E. Enhanced nurse licensure compact. Nathan Goldman, general counsel, represented the board.
Board of Licensure for Occupational Therapy
201 KAR 28:200. Continuing competence. Jared Downs, counsel, and Stacy Grider, occupational therapist, represented the board.
A motion was made and seconded to approve the following amendments: to amend Sections 1 through 6 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 28:235. Telehealth occupational therapy services.
In response to a question by Co-Chair Harris, Ms. Grider stated that telehealth occupational therapy included services such as follow ups regarding home exercise, caregiver education, and visual or cognitive therapy.
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 1 to: (a) add a definition for "client;" and (b) include an occupational therapist assistant under the definition of “telehealth occupational therapy;” (3) to amend Section 2 to: (a) clarify that contact methods included the use of a telephone number or mailing address, and an emergency on call telephone number for emergency purposes; and (b) establish that a client shall be informed by the credential holder of the potential risks of inadvertent access of protected health information, and how the credential holder may elect to discontinue the provision of services through telehealth; and (4) to amend Sections 2, 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.
Board of Licensed Professional Counselors
201 KAR 36:030. Continuing education requirements. Brian Judy, assistant attorney general, and Martin Wesley, dean, School of Counseling, University of the Cumberlands; former board chair; and current board member, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend Section 2 to add a state counseling licensure board to the list of providers not requiring board review and approval; and (2) to amend Section 10 to clarify: (a) that the continuing education requirement shall be completed on or before the renewal date established in 201 KAR 36:075; and (b) if the deadline is missed, the applicant shall submit a reinstatement application. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 36:050. Complaint management process.
A motion was made and seconded to approve the following amendments: to amend Section 5 to: (1) clarify that the Complaint Screening Committee may recommend to the board that a private written reprimand be issued; and (2) 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 36:060. Qualifying experience under supervision.
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.
201 KAR 36:065. Licensed professional clinical counselor supervisor.
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: (a) clarify the supporting documentation the applicant shall submit with the application; and (b) comply with the drafting and formatting requirements of KRS Chapter 13A; and (3) to amend Section 3 to revise the LPCC-S Application. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 36:070. Application, education, and examination requirements.
A motion was made and seconded to approve the following amendments: (1) to amend Section 4 to: (a) clarify that submission of the criminal background check shall be within fourteen (14) days of its receipt rather than of its completion; (b) clarify that an applicant does not have to disclose expunged cases for the purposes of a conviction; and (c) require an applicant who does not receive the FBI background check within 180 days of the issuance of a license to notify the board in writing; (2) to amend Sections 4 and 6 to comply with the drafting requirements of KRS Chapter 13A; (3) to amend Section 6 to add provisions pursuant to the approval of remedial work; and (4) to update the Application for Licensed Professional Clinical Counselor to make technical corrections. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 36:072. Reciprocity requirements for applicants licensed or certified in another state.
A motion was made and seconded to approve the following amendments: (1) to amend Section 2 to: (a) clarify that submission of the criminal background check shall be within fourteen (14) days of its receipt rather than of its completion; (b) clarify that an applicant does not have to disclose expunged cases for the purposes of a conviction; and (c) require an applicant who does not receive the FBI background check within 180 days of the issuance of a license to notify the board in writing; (2) to amend Sections 1, 2, 4, and 5 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (3) to amend Section 5 to update the Application for Licensed Professional Clinical Counselor by Reciprocity. 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 1:086. Repeal of 301 KAR 1:085, Mussel shell harvesting. Amber Arnett, staff attorney; Ron Brooks, fisheries division director; and Karen Waldrop, deputy commissioner, represented the department.
In response to questions by Senator Clark, Mr. Brooks stated that the department’s programs to combat Asian carp encroachment were developing well, although more Asian carp reduction was necessary. Western Kentucky had three (3) fish processors, and one (1) processor expected to triple production after contracting with a new partner. The department, in conjunction with the public, was also creating a new fish house to distribute fish to the various processors. Kentucky Afield did a great job with the Asian carp tournament, including a video to demonstrate the problems and possible solutions pertaining to encroachment of the species.
301 KAR 1:130. Live bait for personal use.
301 KAR 1:155. Commercial fishing requirements.
301 KAR 1:410. Taking of fish by nontraditional fishing methods.
In response to questions by Co-Chair Upchurch, Mr. Brooks stated that nontraditional fishing methods included fishing techniques such as trot lines, jug lines, spear fishing, noodling, or any fishing method that did not include a fishing pole and line.
Department of Agriculture: Office of Consumer Protection: Aerial Recreational Devices and Facilities
302 KAR 17:010. Requirements for operating and inspecting aerial recreational devices and facilities. Joe Bilby, general counsel; Jason Glass, assistant director; and Clint Quarles, staff attorney, represented the department.
In response to questions by Co-Chair Harris, Mr. Bilby stated that this administrative regulation did not apply to private zip lines, such as a backyard assembly for family use. Mr. Quarles stated that the department expected that approximately 100 zip lines would be subject to this administrative regulation.
A motion was made and seconded to approve the following amendments: to amend Sections 1 through 5 and 7 through 15 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
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. Aaron Keatley, commissioner, and Jon Maybriar, deputy director, represented the Division of Waste Management pertaining to administrative regulations in 401 KAR Chapters 31 through 39, 43, and 44 and KAR Title 410. Bruce Scott, deputy secretary, and Larry Taylor, environmental science consultant, represented the Department for Environmental Protection pertaining to administrative regulations in 401 KAR Chapters 45 and 48. Rick Bender, executive advisor, represented the Department for Natural Resources pertaining to administrative regulations in 805 KAR Chapters 1 and 9. Jennifer Wolsing, staff attorney, represented the Department for Public Health pertaining to 902 KAR 100:180. Jeff Baird, director, Division of Mine Permits, and Allen Luttrell, commissioner, represented the Department for Natural Resources pertaining to administrative regulations in 405 KAR Chapters 7, 8, 10, 12, 16, 18, and 20.
In response to questions by Representative Marzian, Mr. Keatley stated that the administrative regulations in 401 KAR Chapters 31 through 39, 43, and 44 and KAR Title 410 were being reorganized, but the requirements were not being substantively amended. These administrative regulations did not deviate from federal requirements except in instances of statutorily required, Kentucky-specific provisions. Fees mostly remained the same; however, there was a new, voluntary fee for very small generators in specific circumstances. Discounts were available regarding that fee.
In response to a question by Co-Chair Harris, Mr. Keatley stated that this was part of a seven (7) to eight (8) years process to consolidate and streamline these administrative regulations.
In response to a question by Co-Chair Upchurch, Mr. Keatley stated that the primary concern from petroleum marketers was the fee; therefore, an amendment was made to clarify that the fee was voluntary.
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.
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 the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and 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.
401 KAR 39:011. Repeal of 401 KAR 39:100 and 401 KAR 39:110.
401 KAR 39:060. General requirements.
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 1 through 3, 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.
401 KAR 39:080. Hazardous waste handlers.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 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.
401 KAR 39:090. Hazardous waste permit program.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraph to add citations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, and 5 through 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.
401 KAR 39:120. Permit review, determination timetables, and fees.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 3, 4, and 6 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
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.
A motion was made and seconded to approve the following amendments: 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.
Standards for Solid Waste Facilities
401 KAR 48:005. Definitions related to 401 KAR Chapter 48.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and 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.
401 KAR 48:090. Operating requirements for contained landfills.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 3, 4, 10, 11, and 14 through 16 to comply with the drafting requirements of KRS Chapter 13A; and (2) to amend Section 3 to require, rather than allow, a public comment process for a minor permit modification. Without objection, and with agreement of the agency, the amendments were approved.
Department for Natural Resources: Division of Mine Permits: General Provisions
405 KAR 7:001. Definitions for 405 KAR Chapter 7.
In response to questions by Co-Chair Harris, Mr. Luttrell stated that, regarding administrative regulations in 405 KAR Chapters 7, 8, 10, 12, 16, 18, and 20, “in situ mining” was extracting coal with the coal seam in place by pneumatic or chemical processes. Mr. Luttrell did not know of any in situ mining conducted in Kentucky; however, the requirements were federally mandated. “Shadow area” was the area above drilling in situations of auger mining or, in underground mining, the area over the face excavation or box cut. “Auger mining” was a process of removing a portion of the overburden and drilling into the coal seam to extract coal. While there were few impacts to the surface in these types of mining, mining activities continued to be subject to requirements for things like subsidence, depression mitigation, and notice to on-site dwellings.
In response to a question by Senator Adams, Mr. Luttrell stated that the “shadow area” provisions applied only to coal mining activities.
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.
405 KAR 7:095. Assessment of civil penalties.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to delete a statutory citation; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 7 and Appendix A to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Permits
405 KAR 8:001. Definitions for 405 KAR Chapter 8.
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.
405 KAR 8:010. General provisions for permits.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2, 3, 5 through 9, 11 through 14, and 16 through 25 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 8:040. Underground coal mining permits.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 5, 9, 10, 12 through 16, 18, 20 through 24, 26 through 32, and 34 through 38 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 8:050. Permits for special categories of mining.
A motion was made and seconded to approve the following amendments: to amend
the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 through 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.
Bond and Insurance Requirements
405 KAR 10:001. Definitions for 405 KAR Chapter 10.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and 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.
Inspection and Enforcement
405 KAR 12:001. Definitions for 405 KAR Chapter 12.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and 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.
Performance Standards for Surface Mining Activities
405 KAR 16:001. Definitions for 405 KAR Chapter 16.
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.
405 KAR 16:110. Surface and groundwater monitoring.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraph to correct citations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 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.
Performance Standards for Underground Mining Activities
405 KAR 18:001. Definitions for 405 KAR Chapter 18.
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 Section 1 to comply with the drafting and format-ting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
405 KAR 18:010. General provisions.
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.
405 KAR 18:040. Casing and sealing of underground openings.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 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.
405 KAR 18:060. General hydrologic requirements.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 4, and 6 through 12 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 18:110. Surface and groundwater monitoring.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 through 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.
405 KAR 18:260. Other facilities.
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.
Special Performance Standards
405 KAR 20:001. Definitions for 405 KAR Chapter 20.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and 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.
405 KAR 20:080. In situ processing.
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) amends the NECESSITY, FUNCTION, AND CONFORMITY paragraph 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.
405 KAR 20:090. Underground only permits.
A motion was made and seconded to approve the following amendments: 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.
Division of Waste Management: Certificates of Environmental Safety and Public Necessity
410 KAR 1:002. Repeal of 410 KAR 1:010 and 410 KAR 1:020.
ENERGY AND ENVIRONMENT CABINET: Department for Natural Resources: Division of Oil and Gas: Division
805 KAR 1:060. Plugging wells.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add citations; (2) to amend Section 2 to clarify expiration; and (3) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2 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.
805 KAR 1:071. Repeal of 805 KAR 1:070.
Division of Oil and Gas: Coal Bed Methane
805 KAR 9:041. Repeal of 805 KAR 9:040.
PUBLIC PROTECTION CABINET: Department of Housing, Buildings and Construction: Division of Plumbing, Boiler Section: Boilers and Pressure Vessels
815 KAR 15:010. Definitions for 815 KAR Chapter 15. Mark Jordan, chief boiler inspector; Steven Milby, commissioner; and David Startsman, general counsel, represented the division.
In response to questions by Co-Chair Harris, Mr. Jordan stated that these administrative regulations were consistent with national standards established in the National Board Inspection Code. Mr. Startsman stated that the division did not receive comments of concern from stakeholders who seemed to recognize the need for standardization.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and 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.
815 KAR 15:025. New installations, general design, construction, and inspection criteria for boilers, pressure vessels, and pressure piping.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to add a statutory citation; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 3 and 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 15:026. Existing boilers and pressure vessels; testing, repairs, inspection, and safety factors.
A motion was made and seconded to approve the following amendments: 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.
815 KAR 15:027. Fees and certificates for boiler and pressure vessel inspection.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph 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.
815 KAR 15:041. Repeal of 815 KAR 15:040, 815 KAR 15:051, and 815 KAR 15:060.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Benefit Exchange: Office of Health Policy: State Health Plan
900 KAR 5:020. State Health Plan for facilities and services. Eric Clark, chief of staff; Molly Lewis, deputy general counsel and acting director of Certificate of Need; and Brandon Smith, director, Office of Legislative and Regulatory Affairs, represented the office. Nancy Galvagni, senior vice president, Kentucky Hospital Association, appeared in support of this administrative regulation. Mary Haynes, CEO, Nazareth Home, and Betsy Johnson, president, Kentucky Association of Healthcare Facilities, appeared in opposition to this administrative regulation.
In response to questions by Senator Adams, Mr. Clark stated that the office considered stakeholder input in developing this administrative regulation. The office received 420 public comments prior to filing this administrative regulation, and 400 public comments were submit-ted after filing. This version of the State Health Plan removed a pilot project related to cardiac catheterization in hospitals, streamlined home health services, and addressed post-acute rehabilitation related to long-term care. Post-acute rehabilitation was not related just to nursing home beds pursuant to Medicare, but also included skilled nursing facility beds pursuant to both Medicare and Medicaid. This administrative regulation created a post-acute transitional-bed four (4) site pilot project, including two (2) urban sites and two (2) rural sites, to evaluate whether or not these beds would improve quality of care, reduce hospital readmission rates, and improve access for Kentucky’s aging population. The office did not want to defer consideration of this administrative regulation to the December subcommittee meeting because there had already been sufficient public input and the office did not want to further delay important programs related to the opioid abuse epidemic and neonatal intensive care units. Ms. Lewis stated that this administrative regulation provided flexibility by allowing capable hospitals, exterior to the Certificate of Need process, to treat infants that needed additional special neonatal services.
Senator Adams stated that, as with the Board of Pharmacy administrative regulation, 201 KAR 2:380, this administrative regulation would be considered further by the Interim Joint Committee on Health and Welfare and Family Services at its December meeting.
In response to a question by Senator Clark, Mr. Clark stated that employees had criminal background checks through the Kentucky State Police.
Ms. Galvagni stated that Kentucky Hospital Association strongly supported the State Health Plan. The neonatal intensive care unit flexibility was important, especially in rural areas. The home health changes and the transitional-bed four (4) site pilot project were also good for Kentucky. Currently, hospitals received financial penalties if a patient was discharged and readmitted within thirty (30) days, regardless of the reason. In 2017, the state-wide penalty total was $18 million. Patients had access problems in finding quality high-skilled long-term care providers. It was taking from weeks to months to place patients in certain situations. This administrative regulation gave those patients a choice to stay in the hospital or seek another provider facility.
Ms. Johnson stated that the Kentucky Association of Healthcare Facilities was opposed to this administrative regulation because the post-acute transitional-bed four (4) site pilot project increased costs to the Medicaid program. Members of the Kentucky Association of Healthcare Facilities filed over 200 letters of concern regarding these changes to the State Health Plan. The cabinet’s own data indicated a surplus of long-term care beds. This plan was bad public policy, and the cabinet was acting in excess of its statutory authority. Kentucky was below the national average on readmission to a hospital within thirty (30) days after discharge. The association requested that this administrative regulation be amended to remove the post-acute transitional-bed four (4) site pilot project.
Ms. Haynes stated that Nazareth Home was opposed to the post-acute transitional-bed four (4) site pilot project because the rationale and criteria for the project was erroneous. There was already a surplus of beds, and this plan provided the potential for an unlimited number of skilled nursing facility beds. There was not a clear problem the pilot program was attempting to remedy. Long-term care facilities were subject to the same financial penalties for patient readmission within thirty (30) days after discharge. Performance penalties were a major issue in a state that ranked high in obesity, smoking, lack of physical activity, poverty, and hypertension. Insurance markets were unstable and would affect long-term care facilities; therefore, this project was untimely. Pilot project goals and criteria were vague.
In response to a question by Representative Marzian, Ms. Haynes stated that SNF beds were skilled nursing facility beds.
Representative Marzian stated that she would like to see an amendment at the December meeting of the Interim Joint Committee on Health and Welfare and Family Services, to remove the post-acute transitional-bed four (4) site pilot project from the State Health Plan until more data was available and more specific standards were included. It was important to protect taxpayer funds when there was already a surplus of beds. Representative Marzian requested that the cabinet work with Ms. Johnson and Ms. Haynes and be prepared with detailed support data at the December committee meeting.
In response to questions by Co-Chair Harris, Ms. Lewis stated that each applicant was required to demonstrate the ability to provide a given type of care for a specified length of time, with the patient then being discharged to the needed care situation. The pilot project was needed because this was a different type of service, outside of the normal need methodology. There were complex reasons for surplus beds, such as gender of the patient that may necessitate one (1) person per room, rather than multiple people.
In response to a question by Co-Chair Upchurch, Ms. Lewis stated that the beds discussed in Clinton County were skilled nursing facility beds.
Co-Chair Harris stated that Kentucky was in a difficult time period for these issues. Communication was key.
A motion was made and seconded to approve the following amendments: (1) to amend Section 2 to change the edition date of the state health plan; and (2) to amend the material incorporated by reference to delete superfluous language. Without objection, and with agreement of the agency, the amendments were approved.
Division of Audits and Investigations: Controlled Substances
902 KAR 55:110. Monitoring system for prescription controlled substances. Steve Davis, inspector general; Stephanie Hold, director, Office of Legal Services; Jill Lee, pharmacist; and Brandon Smith, director, Office of Legislative and Regulatory Affairs, represented the division.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2 and 11 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department for Public Health: Radon
902 KAR 95:040. Radon Contractor Certification Program. Laura Begin, legislative and regulatory analyst; Erica Brakefield, section super-visor; Brandon Smith, director, Office of Legislative and Regulatory Affairs; and Ken Spach, branch manager, represented the department.
In response to questions by Co-Chair Harris, Ms. Begin stated that the department met with providers and made further amendments to this administrative regulation to address public health concerns. The underlying concern about competition in the marketplace was also ad-dressed in balance with the public health concerns. This program had very strict authorizing statutes; however, this administrative regulation was able to delete some administrative burdens while still protecting public health.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1, 2, 4 through 7, and 9 to comply with the drafting and formatting requirements of KRS Chapter 13A; (2) to amend Section 1 to delete three (3) definitions; (3) to amend Section 4 to delete language that a mitigation system shall be designed to reduce a radon concentration in each area within the footprint of the building as low as reasonably achievable; (4) to amend Section 4 to require additional radon mitigation and testing until the level is as low as reasonably achievable if there was a failure to achieve a reduction below the EPA’s action level of four and zero-tenths (4.0) picocuries per liter; and (5) to amend Section 5 to require a dually certified person to acquire sixteen (16) hours of continuing educational credits per year and to delete the ABIH, AIHA, and WHO from the list of radon training courses or standard operating procedures approved. 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.
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 the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2 through 8 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: Division of Policy and Operations: Medicaid Services
907 KAR 1:045. Reimbursement provisions and requirements regarding community mental health center services. Donna Little, regulatory compliance senior policy advisor, and Brandon Smith, director, Office of Legislative and Regulatory Affairs, represented the division.
In response to a question by Co-Chair Harris, Ms. Little stated that 907 KAR 1:102 and 1:104 had agency amendments to revise definitions for consistency with other administrative regulations that were amended through the Amended After Comments process.
907 KAR 1:047. Community mental health center primary care services.
907 KAR 1:102. Advanced practice registered nurse services.
A motion was made and seconded to amend Section 1 to revise the definition of “provider group” for consistency with other department regulations. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:104. Reimbursement for advanced practice registered nurse services.
A motion was made and seconded to approve the following amendments: to amend Section 1 to revise the definition of “provider group” for consistency with other department administrative regulations. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:479. Durable medical equipment covered benefits and reimbursement.
Department for Community Based Services: Division of Protection and Permanency: Child Welfare
922 KAR 1:140 & E. Foster care and adoption permanency services. Michelle Anderson, assistant director; Elizabeth Caywood, executive advisor; Eric Clark, chief of staff; Gretchen Marshall, assistant director; and Brandon Smith, director, Office of Legislative and Regulatory Affairs, represented the division.
In response to questions by Representative Petrie, Ms. Caywood stated that the division had completed an analysis of the court’s foster care determination in the case of D.O. v. Glisson; however, the programmatic planning from that analysis was still ongoing. The division was presenting the analysis at the Interim Joint Committee on Appropriations and Revenue at the November 20 meeting. Further details would be discussed at that committee meeting. Programmatic changes had the potential to impact state plans, funding, and administrative regulations. The division had a Kinship Care Hotline for those who may be eligible for foster care maintenance payments. Each case had to be reviewed individually to determine eligibility.
Representative Petrie expressed his gratitude to this agency. This was one of the most important areas of service within government.
In response to questions by Senator Clark, Ms. Caywood stated that, on November 5, 2017, at the time the Statewide Foster Care Data Fact Sheet was created, Kentucky had 8,667 children in out-of-home care. Ms. Anderson stated that it was not possible to determine how many of these children were removed from a home because the parent only had a violation related to cannabis, but the number was probably very low. Usually a removal related to cannabis included other complicating factors such as neglect or abuse. Mr. Clark expressed his gratitude to all those who worked so hard for almost a decade on this important regulatory package.
922 KAR 1:320. Service appeals.
922 KAR 1:330. Child protective services.
922 KAR 1:421. Repeal of 922 KAR 1:420.
922 KAR 1:430. Child protective services in-home case planning and service delivery.
A motion was made and seconded to approve the following amendments: to amend Section 3 to establish requirements. Without objection, and with agreement of the agency, the amendments were approved.
922 KAR 1:470. Central registry.
A motion was made and seconded to approve the following amendments: to amend Section 5 and the Child Care Central Registry Check form to: (1) change an edition date; and (2) comply with the formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
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.
Adult Services
922 KAR 5:040. Standards for state-funded domestic violence shelters. Michelle Anderson, assistant director; Elizabeth Caywood, executive advisor; and Steven Fisher, branch manager, represented the department.
A motion was made and seconded to approve the following amendments: to amend Sections 2, 4, and 7 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
922 KAR 5:090. General adult services.
A motion was made and seconded to approve the following amendment: to amend Section 3 to clarify when a supervisor may approve an extension of time to complete an adult service assessment. Without objection, and with agreement of the agency, the amendment was approved.
922 KAR 5:111. Repeal of 922 KAR 5:100 and 922 KAR 5:102.
Other Business: Senator Raque Adams made a motion, seconded by Representative Marzian pursuant to KRS 13A.030(1) and (3), to request that a representative of the Department of Insurance appear at the December 12, 2017 meeting of the subcommittee to discuss a potential amendment to clarify 806 KAR 12:095, Section 9(1)(b). Without objection, the motion was approved.
The following administrative regulations were deferred or removed from the November 13, 2017, subcommittee agenda:
GENERAL GOVERNMENT CABINET: Board of Pharmacy
201 KAR 2:390 & E. Third-party logistics provider.
201 KAR 2:400 & E. Outsourcing facility.
Board of Nursing
201 KAR 20:065. Professional standards for prescribing Buprenorphine-Mono-Product or Buprenorphine-Combined-with-Naloxone by APRNs for medication assisted treatment for opioid use disorder.
Hunting and Fishing
301 KAR 3:022. License, tag, and permit fees.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Air Quality: New Source Standards
401 KAR 59:015. New indirect heat exchangers.
Existing Source Standards
401 KAR 61:015. Existing indirect heat exchangers.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Juvenile Justice: Parole Board
505 KAR 1:170. Department of Juvenile Justice Policies and procedures: Prison Rape Elimination Act of 2003 (PREA).
TRANSPORTATION CABINET: Department of Vehicle Regulation: Division of Driver Licensing: Administration
601 KAR 2:030 & E. Ignition interlock.
Department of Aviation: Airport Development
602 KAR 15:030. Fees for services and facilities of the Capitol City Airport.
Division of ENERGY AND ENVIRONMENT CABINET: Department for Natural Resources: Mine Safety: Miner Training, Education and Certification
805 KAR 7:020. Training and certification of inexperienced miners.
805 KAR 7:030. Annual retraining.
805 KAR 7:040. Training of newly employed miners.
805 KAR 7:050. Training of miners for new work assignments.
805 KAR 7:060. Program approval.
Sanctions and Penalties
805 KAR 8:030. Criteria for the imposition and enforcement of sanctions against certified miners.
805 KAR 8:040. Criteria for the imposition and enforcement of sanctions against owners and part-owners of licensed premises.
805 KAR 8:050. Criteria for the imposition and enforcement of sanctions against noncertified personnel.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Benefit Exchange: Office of Health Policy: Kentucky Health Benefit Exchange
900 KAR 10:031. Repeal of 900 KAR 10:030 and 900 KAR 10:100.
Payment and Services
907 KAR 3:005. Coverage of physicians’ services.
907 KAR 3:010. Reimbursement for physicians’ services.
The subcommittee adjourned at 12:20 p.m. until December 12, 2017, at 1 p.m.