ADMINISTRATIVE

REGISTER

OF KENTUCKY

LEGISLATIVE RESEARCH COMMISSION

Frankfort, Kentucky

VOLUME 32, NUMBER 10

SATURDAY, APRIL 1, 2006

ARRS - APRIL, 2006 TENTATIVE AGENDA

REGULATION REVIEW PROCEDURE

INFORMATIONAL BULLETIN 118 (IB 118) (2003 version, not yet updated for 2005)

EMERGENCIES:

CABINET FOR HEALTH AND FAMILY SERVICES

Department for Medicaid Services

Medicaid Services

907 KAR 1:019E. Outpatient Pharmacy Program.

Payments and Services

907 KAR 3:170E. Telehealth services and reimbursement.

AS AMENDED:

KENTUCKY STATE BOARD OF ELECTIONS

Forms and Procedures

31 KAR 4:130. Submitting Federal Post Card Application by facsimile.

GENERAL GOVERNMENT CABINET

Board of Pharmacy

201 KAR 2:020. Examination.

201 KAR 2:030. License transfer.

201 KAR 2:050. Licenses and permits; fees.

Board of Medical Licensure

201 KAR 9:031. Examinations.

Board of Architects

201 KAR 19:040. Examinations required; general provisions.

COMMERCE CABINET

Department of Fish and Wildlife Resources

Game

301 KAR 2:144. Fall wild turkey hunting.

301 KAR 2:172. Deer hunting seasons and requirements.

CABINET FOR ECONOMIC DEVELOPMENT

Kentucky Economic Development Finance Authority

307 KAR 4:020. Kentucky Enterprise Initiative Act.

ENVIRONMENTAL AND PUBLIC PROTECTION CABINET

Department for Environmental Protection

Division of Waste Management

Special Waste

401 KAR 45:010. Definitions.

401 KAR 45:070. Special waste registered permit-by-rule.

Department for Natural Resources

Division of Forestry

402 KAR 3:020. Master Logger Program. (Amended After Comments)

402 KAR 3:040. Removal of bad actor designation. (Not Amended After Comments)

ENVIRONMENTAL AND PUBLIC PROTECTION CABINET

Department of Public Protection

Office of Insurance

Division of Health Insurance Policy and Managed Care

Health Insurance Contracts

806 KAR 17:510. Health benefit plan exclusionary rider requirements.

Office of Financial Institutions

Administration

808 KAR 1:150. Establishment and relocation of bank branches or offices.

Credit Unions

808 KAR 3:020. Records retention schedule.

Securities

808 KAR 10:360. Safe harbor for limited liability company membership interests.

808 KAR 10:430. Required filing for oil, gas, and mineral securities offerings relying upon the registration exemption in KRS 292.410(1)(i).

Kentucky Horse Racing Authority

Thoroughbred Racing

810 KAR 1:028. Disciplinary measurements and penalties.

CABINET FOR HEALTH AND FAMILY SERVICES

Department for Community Based Services

Division of Policy Development

K-TAP, Kentucky Works, Welfare to Work, State Supplementation

921 KAR 2:015. Supplemental programs for persons who are aged, blind, or have a disability.

AMENDED AFTER COMMENTS:

FINANCE AND ADMINISTRATION CABINET

Office of the Secretary

Kentucky Private Activity Bond Allocation Committee

200 KAR 15:010. Formula for allocation of private activity bonds

OFFICE OF THE GOVERNOR

Kentucky Infrastructure Authority

Authority

200 KAR 17:050. Clean Water State Revolving Fund.

200 KAR 17:070. Drinking Water State Revolving Fund.

JUSTICE AND PUBLIC SAFETY CABINET

Department of Juvenile Justice

Division of Juvenile Services in Community

Child Welfare

505 KAR 1:130. Department of Juvenile Justice Policies and Procedures Manual: juvenile services in community.

PROPOSED AMENDMENTS RECEIVED THROUGH NOON, FEBRUARY 15, 2006:

GENERAL GOVERNMENT CABINET

Board of Nursing

201 KAR 20:070. Licensure by examination.

201 KAR 20:110. Licensure by endorsement.

201 KAR 20:411. Sexual Assault Nurse Examiner Program standards and credential requirements.

COMMERCE CABINET

Department of Fish and Wildlife Resources

Game

301 KAR 2:142. Spring wild turkey hunting.

Wildlife

301 KAR 4:050. Swan Lake Unit of Boatwright Wildlife Management Area restrictions.

Department of Parks

Parks and Campgrounds

304 KAR 1:040. Campgrounds.

CABINET FOR HEALTH AND FAMILY SERVICES

Department of Public Health

Controlled Substances

902 KAR 55:110. Monitoring system for prescription controlled substances.

Department for Medicaid Services

Medicaid Services

907 KAR 1:019. Outpatient Pharmacy Program.

Payments and Services

907 KAR 3:170. Telehealth services and reimbursement.

Department for Community Based Services

K-TAP, Kentucky Works, Welfare to Work, State Supplementation

921 KAR 2:055. Hearings and appeals.

Food Stamp Program

921 KAR 3:050. Claims and additional administrative provisions.

921 KAR 3:070. Fair hearings.

Child Welfare

922 KAR 1:350. Family preparation.

PROPOSED NEW ADMINISTRATIVE REGULATIONS RECEIVED THROUGH NOON, FEBRUARY 15, 2006:

Department for Community Based Services

Day Care

922 KAR 2:240. Kentucky early care and education trainer's credential and training approval.

MARCH 13, 2006 MINUTES OF THE ARRS

OTHER COMMITTEE REPORTS

LOCATOR INDEX

KRS INDEX

SUBJECT INDEX

MEETING NOTICE

The Administrative Regulation Review Subcommittee is scheduled to meet April 2006 in the Capitol Annex, Frankfort, Kentucky.

The ADMINISTRATIVE REGISTER OF KENTUCKY is the monthly supplement for the 2005 Edition of KENTUCKY ADMINISTRATIVE REGULATIONS SERVICE.

HOW TO CITE: Cite all material in the ADMINISTRATIVE REGISTER OF KENTUCKY by Volume number and Page number. Example: Volume 32, Kentucky Register, page 318 (short form: 32 Ky.R. 318).

KENTUCKY ADMINISTRATIVE REGULATIONS are codified according to the following system and are to be cited by Title, Chapter and Regulation number, as follows:

Title Chapter Regulation

806 KAR 50: 155

Cabinet, Department, Office, Division, Specific

Board or Agency or Major Function Regulation

ADMINISTRATIVE REGISTER OF KENTUCKY

(ISSN 0096‑1493)

The Administrative Register of Kentucky is published monthly by the Legislative Research Commission, 700 Capitol Avenue, Room 300, Frankfort, Kentucky 40601. Subscription rate, postpaid in the United States: $96 (plus 6% Kentucky sales tax) per year for 12 issues, beginning in July and ending with the June issue of the subsequent year. Periodical postage paid at Frankfort, Kentucky.

POSTMASTER: Send address changes to Administrative Register of Kentucky, 700 Capitol Avenue, Room 64, State Capitol, Frankfort, Kentucky 40601.

KENTUCKY LEGISLATIVE RESEARCH COMMISSION

Chairmen

Senator David L. Williams Representative Jody Richards

Senate President House Speaker

Senate and House Members

Senator Katy Kratz Stine Representative Larry Clark

President Pro Tem Speaker Pro Tem

Senator Dan Kelly Representative Rocky Adkins

Majority Floor Leader Majority Floor Leader

Senator Ed Worley Representative Jeffrey Hoover

Minority Floor Leader Minority Floor Leader

Senator Richie Sanders, Jr. Representative Robert R. Damron

Majority Caucus Chairman Majority Caucus Chairman

Senator Johnny Ray Turner Representative Bob DeWeese

Minority Caucus Chairman Minority Caucus Chairman

Senator Daniel Seum Representative Joe Barrows

Majority Whip Majority Whip

Senator Joey Pendleton Representative Ken Upchurch

Minority Whip Minority Whip

Robert Sherman, Director

Charlie LeCompte, Printing and Publications Officer

ADMINISTRATIVE REGULATION REVIEW SUBCOMMITTEE

Members Staff

Senator Richard L. “Dick” Roeding, Co-Chair Dave Nicholas

Representative Tanya Pullin, Co-Chair Emily Caudill

Senator Alice Kerr Donna Little

Senator Joey Pendleton Sarah Amburgey

Senator Gary Tapp Karen Howard

Representative Jimmie Lee Laura Milam

Representative Jim Bruce Ellen Steinberg

Representative Jon David Reinhardt Emily Harkenrider

Roslyn Hendrickson

ADMINISTRATIVE REGULATION REVIEW PROCEDURE

(See KRS Chapter 13A for specific provisions)

Filing and Publication

Administrative bodies shall file with the Regulations Compiler all proposed administrative regulations, public hearing and comment period information, regulatory impact analysis and tiering statement, fiscal note, federal mandate comparison, and incorporated material information. Those administrative regulations received by the deadline established in KRS 13A.050 shall be published in the Administrative Register.

Public Hearing and Public Comment Period

The administrative body shall schedule a public hearing on proposed administrative regulations which shall not be held before the 21st day or later than the last workday of the month of publication. Written comments shall also be accepted until the end of the calendar month in which the administrative regulation was published.

The administrative regulation shall include: the place, time, and date of the hearing; the manner in which persons may submit notification to attend the hearing and written comments; that notification to attend the hearing shall be sent no later than 5 workdays prior to the hearing date; the deadline for submitting written comments; and the name, position, address, and telephone and fax numbers of the person to whom notification and written comments shall be sent.

The administrative body shall notify the Compiler, by phone and letter, whether the hearing was held or cancelled and whether written comments were received. If the hearing was held or written comments were received, the administrative body shall file a statement of consideration with the Compiler by the fifteenth day of the calendar month following the month of publication.

No transcript of the hearing need to be taken unless a written request for a transcript is made, and the person requesting the transcript shall have the responsibility of paying for same. A recording may be made in lieu of a transcript.

Review Procedure

After the public hearing and public comment period processes are completed, the administrative regulation shall be reviewed by the Administrative Regulation Review Subcommittee at its next meeting. After review by the Subcommittee, the administrative regulation shall be referred by the Legislative Research Commission to an appropriate jurisdictional committee for a second review. The administrative regulation shall be considered as adopted and in effect as of adjournment on the day the appropriate jurisdictional committee meets or 30 days after being referred by LRC, whichever occurs first.

ADMINISTRATIVE REGULATION REVIEW SUBCOMMITTEE

Minutes of March 13, 2006

The March meeting of the Administrative Regulation Review Subcommittee was held on Monday, March 13, 2006, at 2:00 p.m., in Room 131 of the Capitol Annex. Representative Tanya Pullin called the meeting to order, and the roll call was taken. The minutes of the February 13, 2006 meeting were approved.

Present were:

Members: Representative Tanya Pullin, Co-Chair; Senator Richard "Dick" Roeding, Co-Chair; Senators Alice Kerr, Joey Pendleton, and Gary Tapp; Representatives James Bruce, Jimmie Lee, and Jon David Reinhardt.

LRC Staff: Dave Nicholas, Emily Caudill, Donna Little, Laura Milam, Karen Howard, Emily Harkenrider, Roslyn Hendrickson, and Ellen Steinberg.

Guests: Kathryn Dunnigan, State Board of Elections; Michael Burleson, Board of Pharmacy; Michael Rodman, Lloyd Vest, Board of Medical Licensure; Larry Brandstetter, Jim Grawe, Board of Architects; Jon Gassett, Department for Fish and Wildlife Resources; Gary R. Williams, United Bowhunters of Kentucky and Kentucky Bow Association; Phyllis Bruning, Catherine C. Staib, Cabinet for Economic Development; Bob Bickner, Ron Gruzesky, Bruce Scott, Division of Waste Management; Larry Lowe, Leah MacSwords, Division of Forestry; Richard J. Wahrer, Department for Natural Resources; Carrie Banahan, Glenn Jennings, Office of Insurance; Greg Jennings, Colleen Keefe, Office of Financial Institutions; Lisa Underwood, Kentucky Horse Racing Authority; and Jason Moseley, Cabinet for Health and Family Services.

The Administrative Regulation Review Subcommittee met on Monday, March 13, 2006, and submits this report:

Administrative Regulations Reviewed by the Subcommittee:

KENTUCKY STATE BOARD OF ELECTIONS: Forms and Procedures

31 KAR 4:130 & E. Submitting Federal Post Card Application by facsimile. Katie Dunnigan, general counsel, represented the board.

A motion was made and seconded to approve the following amendment: to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1, 3, 4, 5, and 6 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendment was approved.

GENERAL GOVERNMENT CABINET: Board of Pharmacy: Board

201 KAR 2:020. Examination. Mike Burleson, executive director, 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 statutory citations; (2) to amend Section 1 to delete provisions that repeated or summarized statutory provisions; and (3) to amend Sections 2 to 6 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

201 KAR 2:030. License transfer. 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; (2) to amend Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to incorporate by reference the required form. Without objection, and with agreement of the agency, the amendments were approved.

201 KAR 2:050. Licenses and permits; fees. In response to a question by Representative Lee, Mr. Burleson stated that this amended administrative regulation increased the fee for a duplicate license. There was not a specific fee for an original license.

Board of Medical Licensure: Board

201 KAR 9:031. Examinations. Lloyd Vest, general counsel, represented the board.

A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; and (2) to amend Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

Board of Architects: Board

201 KAR 19:040. Examinations required; general provisions. Larry Brandstetter, president, and Jim Grawe, assistant attorney general and general counsel, represented the board.

A motion was made and seconded to approve the following amendment: to amend Section 3 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendment was approved.

201 KAR 19:050. Reexamination; reconsideration.

COMMERCE CABINET: Department of Fish and Wildlife Resources: Game

301 KAR 2:144. Fall wild turkey hunting. Jon Gassett, commissioner, represented the department. Gary Williams, United Bowhunters of Kentucky and Kentucky Bow Association, appeared in favor of the amendments to these administrative regulations.

Senator Tapp introduced the following amendments to this administrative regulation: (1) to amend Sections 1 and 2 to set the fall crossbow season for wild turkey to be: (a) from October 1 through the end of the third full weekend in October; and (b) from the second Saturday in November through December 31; and (2) to amend Section 3 to change the bag limit to a total of four birds, only one of which may have a visible beard at least three inches long. He also thanked the department and the bow hunters for reaching a compromise on these amendments and those for 301 KAR 2:172.

In response to a question by Representative Bruce, Mr. Williams stated that he was in favor of the amendments to these two administrative regulations because they reflected a compromise that benefited the sportsmen.

A motion was made and seconded to approve the amendments introduced by Senator Tapp. Without objection, and with agreement of the agency, the amendments were approved.

301 KAR 2:172. Deer hunting seasons and requirements. Senator Tapp introduced the following amendments to this administrative regulation: to amend Section 5 to set the crossbow season for deer to be: (1) from October 1 through the end of the third full weekend in October; (2) from the second Saturday in November through December 31; and (3) during any season when a firearm may be used for taking deer. A motion was made and seconded to approve the amendments. Without objection, and with agreement of the agency, the amendments were approved.

CABINET FOR ECONOMIC DEVELOPMENT: Kentucky Economic Development Finance Authority

307 KAR 4:020. Kentucky Enterprise Initiative Act. Catherine Staib, assistant general counsel, represented the cabinet.

In response to questions by Co-Chair Roeding, Ms. Staib stated that the Kentucky Enterprise Initiative Act was a new statewide program that refunded sales tax paid for certain construction materials and research and development equipment. Fourteen applicants had requested refunds so far.

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to insert statutory citations; (2) to amend Sections 1 to 4 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to update the Application for Kentucky Enterprise Initiative Act, incorporated by reference, to comply with the definitions in the administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.

ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department for Environmental Protection: Division of Waste Management: Special Waste

401 KAR 45:010. Definitions. Bruce Scott, director, Ron Gruzesky, manager, and Bob Bickner, supervisor, represented the division.

In response to a question by Co-Chair Roeding, Mr. Scott stated that coal combustion waste, mining waste, water treatment plant waste, waste water treatment sludge, and oil and gas drilling waste were all examples of special waste sites or facilities as defined by this administrative regulation.

A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to insert a statutory citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; and (3) to amend the title and Section 1 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

401 KAR 45:070. Special waste registered permit-by-rule. A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; and (2) to amend Sections 2, 3, 4, and 6 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

Department for Natural Resources: Division of Forestry

402 KAR 3:020. Master Logger Program. Leah MacSwords, director, and Larry Lowe, program supervisor, represented the division.

In response to questions by Co-Chair Roeding, Ms. MacSwords stated that by statute, the division was allowed to charge a reasonable application fee for master loggers. The current fee of $50 had not been increased since 1988. Although the division determined that a reasonable fee would be $120, this administrative regulation only increased the fee to $85. The application fee was a one-time fee that was followed by a $50 renewal fee every three years. There were approximately 4,200 master loggers in Kentucky.

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; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (3) to amend Sections 2, 5, and 6 to specify the names of the required application forms; (4) to amend Sections 6, 7, 8, and 9 to comply with the drafting and format requirements of KRS Chapter 13A; and (5) to amend two application forms incorporated by reference to conform to the other changes. Without objection, and with agreement of the agency, the amendments were approved.

402 KAR 3:040. Removal of bad actor designation. 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; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Sections 1, 2, 3, 4, and 5 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

Department of Public Protection: Office of Insurance: Division of Health Insurance Policy and Managed Care: Health Insurance Contracts

806 KAR 17:510. Health benefit plan exclusionary rider requirements. Glenn Jennings, executive director, and Carrie Banahan, deputy executive director, represented the office.

In response to a question by Co-Chair Roeding, Mr. Jennings stated that an exclusionary rider enabled an applicant to obtain health insurance at a more reasonable rate by excluding coverage for up to three medical conditions, such as diabetes. To protect the consumer, this administrative regulation required the insurer to fully disclose the exclusions in the application and required the consumer to acknowledge them in writing.

In response to questions by Representative Lee, Ms. Banahan stated that exclusionary riders were not permitted for renewed policies if they were not attached to the original policy. The original policy was guaranteed renewable each year.

In response to a question by Co-Chair Pullin, Mr. Jennings stated that the amendments to this administrative regulation resolved any concerns of the chiropractors and optometrists.

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Section 2 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Sections 2(1) and 3(3) to add that the exclusionary rider applied to a medical condition that was diagnosed prior to the issuance of coverage. Without objection, and with agreement of the agency, the amendments were approved.

Department of Public Protection: Office of Financial Institutions: Administration

808 KAR 1:150. Establishment and relocation of bank branches or offices. Greg Jennings, general counsel, and Colleen Keefe, director of securities, represented the office.

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add statutory citations; (2) to amend Sections 1 and 3 to make additional changes to conform to the reorganization/statutory changes; (3) to amend Section 2 to add in references to the appropriate federal citations; and (4) 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.

Credit Unions

808 KAR 3:020. Records retention schedule. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a federal citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to comply with KRS 13A.220; and (3) to amend Sections 1, 2, and 3 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

Securities

808 KAR 10:331. Repeal of 808 KAR 10:330.

808 KAR 10:360. Safe harbor for limited liability company membership interests. In response to a question by Co-Chair Roeding, Ms. Keefe stated that this amended administrative regulation clarified when a membership interest in a limited liability company met the safe harbor criteria so that the interest was not subject to the Securities Act of Kentucky, KRS Chapter 292.

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 Section 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

808 KAR 10:430. Required filing for oil, gas, and mineral securities offerings relying upon the registration exemption in KRS 292.410(1)(i). A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to comply with KRS 13A.220; and (2) to amend Section 1 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

Kentucky Horse Racing Authority: Thoroughbred Racing

810 KAR 1:028. Disciplinary measurements and penalties. Lisa Underwood, deputy commissioner and general counsel, represented the authority.

In response to a question by Senator Pendleton, Ms. Underwood stated that the amendments to this administrative regulation provided more guidance to the authority and to the stewards in assessing penalties for violations.

Senator Pendleton stated that he appreciated the authority's forthrightness with the subcommittee and their continuing progress in developing threshold levels and withdrawal guidelines for equine medications.

Representative Lee stated that he opposed this administrative regulation because it did not contain threshold levels for all fifty of the most commonly used equine medications. Enforcement of this administrative regulation as currently drafted would be unfair and legally questionable.

Representative Bruce thanked the authority's vice chair Connie Whitfield for her work on the amendments to this administrative regulation.

A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to clarify that the term "drug" as used when defining drugs by class also included "medications or substances"; (2) to amend Section 2 to: (a) clarify that alleged violations of Title 810 shall be adjudicated in accordance with 810 KAR 1:029 and KRS Chapter 13B; (b) require license suspensions or revocations to be calculated in racing days only; and (c) insert standards for when a horse may be required to be housed prior to race time; (3) to rewrite Sections 4, 5, 6, 9, and 10 to: (a) insert the new requirement that fines, if agreed to by the alleged violator and the Authority, may be assessed in mitigation of a license suspension or revocation for certain violations of 810 KAR 1:018 and other sections of Title 810, and delete language allowing the Authority and the stewards to assess fines without the agreement of the alleged violator; and (b) insert language requiring penalties to be assessed in keeping with the seriousness of the violation and the facts of the case; (4) to amend Section 11 to incorporate by reference the KHRA Withdrawal Guidelines and threshold levels for certain medications; and (5) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 3, 7, 8, and 11 to comply with the drafting and format requirements of KRS Chapter 13A. With agreement of the agency, the amendments were approved, with Representative Lee voting not to approve.

CABINET FOR HEALTH AND FAMILY SERVICES: Department for Community Based Services: Division of Policy Development: K-TAP, Kentucky Works, Welfare to Work, State Supplementation

921 KAR 2:015 & E. Supplemental programs for persons who are aged, blind, or have a disability. Jason Moseley, director, represented the division.

A motion was made and seconded to approve the following amendment: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 4, 6, 7, 12, 13, and 14 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendment was approved.

The following administrative regulations were deferred to the next meeting of the Subcommittee:

JUSTICE AND PUBLIC SAFETY CABINET: Department of Criminal Justice Training: General Training Provision

503 KAR 3:050 & E. Telecommunications academy: graduation requirements; records.

ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department of Public Protection: Office of Insurance: Agents, Consultants, Solicitors and Adjusters

806 KAR 9:310. Viatical settlement broker license.

Office of Financial Institutions: Securities

808 KAR 10:200. Investment advisers' minimum liquid capitalization; bond.

CABINET FOR HEALTH AND FAMILY SERVICES: Department for Mental Health and Mental Retardation Services: Institutional Care

908 KAR 3:190 & E. Drug testing policies at a state operated facility for persons with mental illness or mental retardation.

The subcommittee adjourned at 2:45 p.m. until April, 2006.

OTHER COMMITTEE REPORTS

COMPILER'S NOTE: In accordance with KRS 13A.290(9), the following reports were forwarded to the Legislative Research Commission by the appropriate jurisdictional committees and are hereby printed in the Administrative Register. The administrative regulations listed in each report became effective upon adjournment of the committee meeting at which they were considered.

Senate Standing Committee on Health and Welfare

Meeting of March 1, 2006

The following administrative regulations were available for consideration and placed on the agenda of the Senate Standing Committee on Health and Welfare for its meeting of March 1, 2006, having been referred to the Committee on February 1, 2006, pursuant to KRS 13A.290(6):

201 KAR 5:010

201 KAR 8:185

201 KAR 8:220

201 KAR 8:277

902 kAR 20:106

902 KAR 20:190

902 KAR 45:020 & E

921 KAR 2:370

922 KAR 1:470

Committee activity in regard to review of the above-referenced administrative regulations is reflected in the minutes of the March 1, 2006 meeting, which are hereby incorporated by reference.

House Standing Committee on Health and Welfare

Meeting of March 2, 2006

The following administrative regulations were available for consideration and placed on the agenda of the House Standing Committee on Health and Welfare for its meeting of March 2, 2006, having been referred to the Committee on February 1, 2006, pursuant to KRS 13A.290(6):

201 KAR 5:010

201 KAR 8:185

201 KAR 8:220

201 KAR 8:277

902 KAR 20:106

902 KAR 20:190

902 KAR 45:020 & E

921 KAR 2:370

922 KAR 1:470

Committee activity in regard to review of the above-referenced administrative regulations is reflected in the minutes of the March 2, 2006 meeting, which are hereby incorporated by reference.

Senate Standing Committee on Health and Welfare

Meeting of March 8, 2006

The following administrative regulations were available for consideration and placed on the agenda of the Senate Standing Committee on Health and Welfare for its meeting of March 8, 2006, having been referred to the Committee on March 1, 2006, pursuant to KRS 13A.290(6):

201 KAR 20:240

201 KAR 20:280

902 KAR 8:060

902 KAR 8:070

902 KAR 8:080

902 KAR 8:090

902 KAR 8:096

922 KAR 5:070 & E

922 KAR 5:102 & E

Committee activity in regard to review of the above-referenced administrative regulations is reflected in the minutes of the March 8, 2006 meeting, which are hereby incorporated by reference.

House Standing Committee on Health and Welfare

Meeting of March 9, 2006

The following administrative regulations were available for consideration and placed on the agenda of the House Standing Committee on Health and Welfare for its meeting of March 9, 2006, having been referred to the Committee on March 1, 2006, pursuant to KRS 13A.290(6):

201 KAR 20:240

201 KAR 20:280

902 KAR 8:060

902 KAR 8:070

902 KAR 8:080

902 KAR 8:090

902 KAR 8:096

922 KAR 5:070 & E

922 KAR 5:102 & E

Committee activity in regard to review of the above-referenced administrative regulations is reflected in the minutes of the March 9, 2006 meeting, which are hereby incorporated by reference.

ORDER FORM

for

2005 Administrative Regulations Volumes and Service

MAIL TO: Debbie Smith

Administrative Register

Room 64, State Capitol

Frankfort Kentucky 40601

Phone: (502) 564-8100

FAX: (502) 564-5947

Enclosed is my check, payable to "Legislative Research Commission," in the amount of $___________. Please: (Indicate one)

_____ Send me the "ADMINISTRATIVE REGISTER" for 12 months, starting with the July 1, 2005 issue - COST: $96.00 (plus 6% Kentucky sales tax for Kentucky residents - TOTAL: $101.76)

_____ Send me the eleven bound volumes of the 2005 KENTUCKY ADMINISTRATIVE REGULATIONS SERVICE containing all regulations in effect as of July 15, 2005 as soon as published - COST: $170.00 (plus 6% Kentucky sales tax for Kentucky residents - TOTAL: $180.20)

_____ Send me both the "Administrative Register" for the next 12 months and the eleven bound volumes of the 2005 KENTUCKY ADMINISTRATIVE REGULATIONS SERVICE - COMBINATION PRICE: $250.00 (plus 6% Kentucky sales tax for Kentucky residents - TOTAL: $265.00)

NAME: ________________________________________

ADDRESS: ________________________________________

CITY, STATE, ZIP CODE: ________________________________________

PHONE NUMBER: ________________________________________

FAX NUMBER: ________________________________________

E-MAIL ADDRESS: ________________________________________

STATE AGENCY NO.: ________________________________________

CONTACT FOR MARS

ACCOUNTING: ________________________________________