Administrative Regulation Review Subcommittee

 

Minutes of the<MeetNo1> January Meeting

 

<MeetMDY1> January 9, 2007

 

The<MeetNo2> January meeting of the Administrative Regulation Review Subcommittee was held on<Day> Tuesday,<MeetMDY2> January 9, 2007, at<MeetTime> 10:30 AM, in<Room> Room 149 of the Capitol Annex. Representative Tanya Pullin, Chair, called the meeting to order, and the secretary called the roll.

 

Present were:

 

Members:<Members> Senator Richard "Dick" Roeding, Co-Chair; Representative Tanya Pullin, Co-Chair; Senators Joey Pendleton and Gary Tapp; Representatives Robert R Damron, Danny R Ford, and Jimmie Lee.

 

Guests:† David Cox, Board of Licensure for Professional Engineers and Land Surveyors; Charlotte Beason, Nathan Goldman, Bernadette Sutherland, Board of Nursing; Becky Klusch, Board of Physical Therapy; David McChesney, Morgain M. Sprague, Department of Fish and Wildlife Resources; Don Dott, Tara Littlefield, Barbara Pauley, Deborah White, Nature Preserves Commission; Art Clay, Justin Dearinger, David W. Morgan, Mitra Sarkar, Division of Water; Amy Barker, Department of Corrections; John Carrico, Graham Gray, Karen Howard, Heather Wagers, Kentucky State Police; Commissioner Bridget Brown, William M. Heffron, LaDonna Koebel, Libby Mills, Dr. Rodney Young, Department of Juvenile Justice; Rowena Holloway, Dr. Bobbie Beth Scoggins, Commission on the Deaf and Hard of Hearing; Larry Blake, Northern Kentucky University; David Stumbo, Department of Labor; Julie Mix McPeak, Office of Insurance; Bob Blackburn, Steve Davis, Cabinet for Health and Family Services; Clyde Bolton, Vonia Grabeel, Department for Public Health; Glenn Jennings, Carrie Banahan, Department for Medicaid Services; Betsy Dunnigan, Department for Mental Health and Mental Retardation; Virginia Carrington, Wendy Crumpston, David Gayle, Department for Community Based Services; Tim Arnold, Department of Public Advocacy (JPDB); Eileen Recktenwald, Kentucky Association of Sexual Assault Programs; Ken Zeller, Protection and Advocacy.

 

LRC Staff:† Dave Nicholas, Emily Caudill, Donna Little, Kara Daniel, Mark Matics, Laura Milam, Emily Harkenrider, and Ellen Steinberg.

 

The Administrative Regulation Review Subcommittee met on Tuesday, January 9, 2007 and submits this report:

 

Administrative Regulations Reviewed by the Subcommittee:

 

GENERAL GOVERNMENT CABINET: Board of Licensure for Professional Engineers and Land Surveyors: Board

 

201 KAR 18:020. Application forms. David Cox, executive director, represented the board.

 

In response to a question from Senator Tapp, Mr. Cox stated that this administrative regulation required an applicant who failed the licensing examination three times to gain additional knowledge by taking examination review courses, additional college courses, or continuing education classes.

 

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; (3) to amend Section 1 to comply with the formatting and drafting requirements of KRS Chapter 13A; and (4) to amend Section 2 to incorporate by reference required materials. Without objection, and with agreement of the agency, the amendments were approved.

 

201 KAR 18:115. License reinstatement.

 

A motion was made and seconded to approve the following amendments: to amend Sections 1 to 3 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

Board of Nursing: Board

 

201 KAR 20:059. Advanced registered nurse practitioner controlled substances prescriptions. Charlotte Beason, executive director, and Nathan Goldman, general counsel, represented the board.

 

In response to a question by Co-chair Roeding, Ms. Beason stated that the board worked closely with the Office of the Attorney General and the KASPER program within the Cabinet for Health and Family Services to develop this administrative regulation.

 

201 KAR 20:240. Fees for applications and for services.

 

Board of Physical Therapy: Board

 

201 KAR 22:070. Requirements for foreign-educated physical therapists. Becky Klusch, executive director, represented the board. A motion was made and seconded to approve the following amendment: to amend Section 1 to include the complete name of the required test. Without objection, and with agreement of the agency, the amendment was approved.

 

COMMERCE CABINET: Department of Fish and Wildlife Resources: Game

 

301 KAR 2:221 & E. Waterfowl season and limits. David McChesney, assistant director, and Morgain Sprague, counsel, represented the department.

 

301 KAR 2:222 & E. Waterfowl hunting requirements. A motion was made and seconded to approve the following amendments: to amend Section 5 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

301 KAR 2:223 & E. Waterfowl reporting requirements.

 

KENTUCKY STATE NATURE PRESERVES COMMISSION: Rare Plant Recognition

 

400 KAR 3:020. Criteria for identifying and designating endangered and threatened species of plants. Don Dott, director, represented the commission. A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to more clearly state the regulationís purpose; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to more specifically cite statutory authority and to comply with the drafting and format requirements of KRS Chapter 13A; (3) to delete sections duplicative of statutory language; and (4) 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.

 

400 KAR 3:040. Endangered and threatened plant lists.

 

In response to a question by Co-chair Roeding, Mr. Dott stated that the list included plants that were rare in Kentucky but possibly plentiful in other states. He stated that the federal list was smaller because it only listed plants that were rare based on the plantsí population in the nation as a whole. He stated that although the state list included 320 plants and the federal list included only eight plants, the state list was not more restrictive because there were no attendant restrictions on construction, development, or other uses of property on which the plants live. He stated the list was for scientific and educational purposes.

 

In response to a question by Senator Tapp, Mr. Dott stated that the inclusion of a plant on the list did not require impact studies to be conducted before a road was built or other construction was undertaken.

 

In response to a question by Co-chair Pullin, Mr. Dott stated that the list provided information in the event an individual or group wanted to work to preserve the plants.

 

A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to more clearly state the administrative regulationís purpose; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to more specifically cite statutory authority and to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend citations in Sections 1 and 2 to reflect amendments to 400 KAR 3:020. Without objection, and with agreement of the agency, the amendments were approved. Co-chair Roeding stated that he wanted his objection to this administrative regulation noted in the record.

 

ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department for Environmental Protection: Division of Water: Water Resources

 

401 KAR 4:060. Stream construction criteria. David Morgan, director; Justin Dearinger, regulations coordinator; and Art Clay, manager, represented the division.

 

In response to a question by Co-chair Roeding, Mr. Morgan stated that this administrative regulation had not been updated in many years and that the changes would streamline the permit application process and make the requirements clear.

 

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; (2) to amend Sections 1 and 3 through 6 to comply with the drafting and formatting requirements of KRS Chapter 13A; (3) to amend Sections 3 and 8 to delete provisions that would allow the agency to impose conditions or standards not established in the administrative regulation; and (4) to amend Section 9 to delete the incorporation by reference of an executive order that is no longer in effect. Without objection, and with agreement of the agency, the amendments were approved.

 

JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Office of the Secretary

 

501 KAR 6:020. Corrections policies and procedures. Amy Barker, assistant general counsel, represented the department.

 

In response to questions by Representative Lee, Ms. Barker stated that visitors who enter the facility would not be strip-searched unless there was reasonable suspicion they were carrying contraband, they consented to the search, and a staff approval process was followed. She stated that if it was believed the visitor had committed a crime, local police would be called to investigate. She stated that the policy defined an indigent prisoner as one who had maintained a balance of less than $5.00 in his account for thirty days. She stated that, if an indigent prisoner received money, any co-pays or fees that were owed to the institution would be deducted from the inmateís account. She stated that the policy was intended the prevent inmates from receiving money, spending it all at the canteen, and then claiming to be indigent for the purpose of avoiding paying co-pays and other fees to the institution.

 

A motion was made and seconded to approve the following amendments: to amend various policies and procedures to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

501 KAR 6:080. Department of Corrections manuals.

 

Department of State Police: Concealed Deadly Weapons

 

502 KAR 11:010. Application for license to carry concealed deadly weapon. Karen Howard, counsel, Graham Gray, administrative branch manager, and Lt. John Carrico represented the department.

 

A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct a statutory citation; (2) to amend Section 9 to delete language that modified statutory provisions, as required by KRS 13A.120; (3) to amend Sections 4, 7, 9, 11, and 12 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (4) to amend Sections 11 and 12 to update and change the name of the Issuance Flash Pak to the Issuance Notice. Without objection, and with agreement of the agency, the amendments were approved.

 

502 KAR 11:020. Applicant photograph requirements for license to carry concealed deadly weapon.

 

In response to a question by Senator Tapp, Mr. Gray stated that the license photographs were scanned which degraded the quality of the photograph. Lt. Carrico stated that if an applicant wore a hat, it was more difficult to use the photograph to make a proper identification. He stated that most states did not allow hats to be worn in license photographs.

 

A motion was made and seconded to approve the following amendments: to amend Section 1 to: (1) delete provisions that repeated the statute, as required by KRS 13A.120; (2) correct a typographical error; and (3) comply with the formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

502 KAR 11:031. Repeal of 502 KAR 11:030.

 

502 KAR 11:040. Incomplete application for license to carry concealed deadly weapon.

 

A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraphs to correct a statutory citation; (2) to amend Section 1 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (3) to amend Sections 2 and 3 to update and change the name of the Missing Information Flash Pak to the Missing Information Notice. Without objection, and with agreement of the agency, the amendments were approved.

 

502 KAR 11:050. Updating, replacement, and renewal of license to carry concealed deadly weapon.

 

In response to a question from Co-chair Roeding, Mr. Gray stated that the changes to this administrative regulation allowed license holders to update their personal information and added the statutory 120-day time limit for renewal.

 

A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to clearly establish provisions for the: (a) sheriff to verify a licenseeís change of personal information; and (b) department to issue an updated license; (2) to amend Section 4 to delete language that modified statutory provisions, as required by KRS 13A.120; (3) to amend Sections 2 and 5 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (4) to amend Sections 3, 4, and 5 to update and change the name of the Renewal Flash Pak to the Renewal Notice. Without objection, and with agreement of the agency, the amendments were approved.

 

502 KAR 11:060. License denial and reconsideration process. A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 3 to comply with the drafting and formatting requirements of KRS Chapter 13A; (2) to amend Sections 1, 2, and 4 to update and change the name of the Denial Flash Pak to the Denial Notice; (3) to create a new Section 3 to clarify what documentation is required to support a request for reconsideration; and (4) to create a new Section 5 to require the department to notify an applicant by mail, if the request for reconsideration was denied. Without objection, and with agreement of the agency, the amendments were approved.

 

502 KAR 11:070. License revocation and suspension notice and reinstatement process.

 

A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 4 to comply with the drafting and formatting requirements of KRS Chapter 13A; (2) to amend Sections 1, 3, and 7 to update and change the name of the Revocation Flash Pak and the Suspension Flash Pak to the Revocation Notice and Suspension Notice; and (3) to create a new Section 4 to clarify what documentation was required to support a request for reconsideration. Without objection, and with agreement of the agency, the amendments were approved.

 

Department of Juvenile Justice: Child Welfare

 

505 KAR 1:160. Department of Juvenile Justice Policies and Procedures: treatment program for juvenile sexual offenders. LaDonna Koebel, assistant general counsel; Bridget Brown, commissioner; Dr. William Heffron; and Dr. Rodney Young represented the department. Eileen Recktenwald, executive director, Kentucky Association of Sexual Assault Providers, appeared in support of this administrative regulation. Tim Arnold, juvenile justice branch manager, Department of Public Advocacy, appeared in opposition to this administrative regulation.

 

In response to questions by Representative Lee, Ms. Koebel stated that polygraph examinations could be conducted on juveniles committed to the department who could be as young as 12 but were usually 13 or older, up to age 21. The polygraph examinations would be used only for treatment purposes and an examination would be conducted only if a trained forensic interviewer was present. If a juvenile made allegations of abuse against an individual during an examination, that information would not usually be used to launch an investigation because KRS 635.527 provided that information is confidential unless the juvenile consented or certain other conditions were met.

 

Ms. Recktenwald stated that this regulation was an effort by the department to provide individualized, up-to-date treatment for juvenile offenders and was in accordance with recent research.

 

Mr. Arnold stated that the existing system worked well and this administrative regulation would decrease effectiveness by requiring institutionalization in cases in which it was not required currently. This administrative regulation should be found deficient because it conflicted with state law. He stated that Kentucky law required juvenile offenders to be placed in the least restrictive environment based on an evaluation, but this administrative regulation would require institutionalization. He also stated that the law differentiated between juvenile sex offenders and public offenders but this administrative regulation did not.

 

In response to the comments of Mr. Arnold, Ms. Koebel stated that this administrative regulation did not represent a significant change in policy but put in writing what the policy had been for some time with some additional provisions. This administrative regulation was needed because there were no written policies for treatment of juvenile sex offenders. This administrative regulation did not determine a juvenileís placement because placement was governed by another administrative regulation already in effect. All juveniles who committed sexual offenses needed treatment and statutes required the department to provide treatment for committed youth who needed it. Dr. Young stated that the departmentís mental health staff was qualified, all held at least a masterís degree, and all were required to go through a certification process which included a 40-hour training class. He stated that a polygraph would not be performed if no one qualified was available to conduct it.

 

In response to questions by Representative Lee, Ms. Koebel stated that polygraph examinations would not be conducted without a trained forensic interviewer, and that it was understood that polygraphs are not infallible.

 

A motion was made and seconded to approve the following amendments: (1) to amend the title to reflect that this administrative regulation governed juveniles with sexual behavior problems and offenses, rather than being limited to juvenile sexual offenders; (2) to amend Section 1 to change the edition dates of the material incorporated by reference and to correct the titles of the items; (3) to amend Policies 800, 801, 802, 803, 804, 805, 806, and the Manual to: (a) comply with the drafting and format requirements of KRS Chapter 13A; (b) correct typographical errors; and (c) correct citations; (4) to amend Policy 802 to clarify that each clinical professional shall be bound by the confidentiality requirements established in KRS 635.527 and to state that a decision not to participate in a polygraph examination shall not be considered a failure to comply with treatment requirements for purposes of requiring an additional year of treatment; (5) to amend Policy 803 to clarify that a polygraph shall be used for treatment only; (6) to amend Policy 804 to require the juvenile service worker to immediately notify state police if a youthful offender escapes from a DJJ facility or contracted facility, or AWOLs from a facility or community placement; and (7) to amend the Standard Operating Procedures Manual to: (a) comply with the changes made to the policies; and (b) clarify documentation requirements. Without objection, and with agreement of the agency, the amendments were approved.

 

EDUCATION CABINET: Kentucky Commission on the Deaf and Hard of Hearing: Telecommunication Devices for the Deaf

 

735 KAR 1:010. Eligibility requirements, application and certification procedures to receive specialized telecommunications equipment for the deaf, hard of hearing and speech impaired. Dr. Bobbie Beth Scoggins, executive director, and Rowena Holloway, information office supervisor, represented the commission. 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 the NECESSITY, FUNCTION, AND CONFORMITY paragraph to correct punctuation and add the full name of the Commission; (3) to amend Section 1 to ensure terms are consistent with those used in the KRS; (4) to amend Section 2 to clarify when applicants must provide supporting documentation; (5) to amend the application form incorporated by reference to correct a typographical error; (6) to amend Sections 1, 2, 4, 5, 6, and 9 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (7) to delete Section 3 because it contained superfluous requirements regarding the contents of the Commissionís form. Without objection, and with agreement of the agency, the amendments were approved.

 

735 KAR 1:020. Processing system including vendor participation, security, and maintenance and repair for specialized telecommunications equipment. 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 the NECESSITY, FUNCTION, AND CONFORMITY paragraph to correct punctuation and add the full name of the Commission; (3) to amend Section 1 to ensure terms are consistent with those used in the KRS; and (4) 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.

 

NORTHERN KENTUCKY UNIVERSITY: Board of Regents

 

760 KAR 1:070. Capital construction procedures. Larry Blake, assistant vice president for facilities, represented the university.

 

ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department of Labor: Office of Occupational Safety and Health: Occupational Safety and Health

 

803 KAR 2:300. General. David Stumbo, health standards specialist, represented the department. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct a statutory citation; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2 and 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

803 KAR 2:307. Hazardous materials. A motion was made and seconded to approve the following amendments: to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 2 and 3 to correct statutory citations. Without objection, and with agreement of the agency, the amendments were approved.

 

803 KAR 2:309. General environmental controls. A motion was made and seconded to approve the following amendments: to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Section 1 to correct statutory citations. Without objection, and with agreement of the agency, the amendments were approved.

 

803 KAR 2:315. Hand and portable powered tools and other hand-held equipment. 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.

 

803 KAR 2:316. Welding, cutting, and brazing. A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct a statutory citation; and (2) 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.

 

803 KAR 2:317. Special industries. A motion was made and seconded to approve the following amendments: to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraph to correct statutory citations. Without objection, and with agreement of the agency, the amendments were approved.

 

Department of Public Protection: Office of Insurance: Health Insurance Contracts

 

806 KAR 17:540 & E. ICARE Program high-cost conditions. Julie McPeak, executive director, represented the department.

 

806 KAR 17:545 & E. ICARE Program employer eligibility, application process, and requirements.

 

In response to a question by Senator Tapp, Ms. McPeak stated that as of Friday, January 5, there were 108 applications for the program covering 960 employees in 47 counties with 29 applications approved so far. The department was working diligently to raise awareness about the program among small business owners and insurance agents. The first reimbursement checks would be issued at the end of January and she thought that would help to raise awareness about the program.

 

In response to a question by Co-chair Roeding, Ms. McPeak stated that all insurers were offering at least one plan in the program and it was available in all 120 counties.

 

A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 4, 6 to 9, and 12 to comply with the drafting and formatting requirements of KRS Chapter 13A; (2) to amend Section 1 to correct statutory citations; and (3) to amend Section 7 to: (a) clearly establish the reasons that a participating employer shall be terminated from participation in the ICARE Program; and (b) delete provisions that allowed for discretionary termination from the program. Without objection, and with agreement of the agency, the amendments were approved.

 

806 KAR 17:555 & E. ICARE Program requirements. A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph and Section 1 to correct statutory citations; and (2) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2 and 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

CABINET FOR HEALTH AND FAMILY SERVICES: Office of the Secretary: Office of the Ombudsman: Administration

 

900 KAR 1:061. Repeal of 900 KAR 1:060. Bob Blackburn, institutional review board administrator, represented the cabinet.

 

Office of Inspector General: Health Services and Facilities

 

902 KAR 20:240. Comprehensive physical rehabilitation hospital services. Steve Davis, deputy inspector general, represented the cabinet. A motion was made and seconded to approve the following amendments: (1) to amend Section 2 to delete an incorrect reference; (2) to amend Section 3 to update the titles of listed drug compendia; and (3) to amend Sections 1, 2, and 3 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

Department for Public Health: Division of Public Health Protection and Safety: Food and Cosmetics

 

902 KAR 45:150 & E. School sanitation. Clyde Bolton, director, and Vonia Grabeel, environmental health section supervisor, represented the department.

 

Division of Hospitals and Provider Operations: Department for Medicaid Services: Medicaid Services

 

907 KAR 1:155 & E. Payments for supports for community living services for an individual with mental retardation or a developmental disability. Carrie Banahan, deputy commissioner, and Glenn Jennings, commissioner, represented the department. Ken Zeller from the Protection and Advocacy Division of the Department of Public Advocacy appeared in opposition to this administrative regulation.

 

Mr. Zeller stated that previous administrative regulations allowed a maximum of three individuals in a single community setting placement and increasing the limit to eight with this administrative regulation would be a step backward. Allowing eight individuals in a placement would result in a more institutional-like environment rather than a community-like setting.

 

In response to Mr. Zellerís comments, Mr. Jennings stated that the change would allow the cabinet to pay for more placements through the program. The Department for Mental Health and Mental Retardation had not criticized the change. Additionally, this administrative regulation merely updated the funding to comply with prior changes in the licensure administrative regulation.

 

A motion was made and seconded to approve the following amendments: to amend Sections 2 to 5 and 7 to 10 to: (1) comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) use terms consistent with the terms used in related administrative regulations. Without objection, and with agreement of the agency, the amendments were approved.

 

907 KAR 1:645. Resource standards for Medicaid. A motion was made and seconded to approve the following amendments: to amend Sections 1 to 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

907 KAR 1:650. Trust and transferred resource requirements for Medicaid. A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to specify the method for determining the average monthly costs for nursing facility services; and (2) to amend Sections 2 and 3 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

Payment and Services

 

907 KAR 3:010 & E. Reimbursement for physician's services. Glenn Jennings, commissioner, and Stuart Owen, regulations coordinator represented the department.

 

In response to a question by Representative Lee, Mr. Jennings stated that this administrative regulation only applied to anesthesiologists and that it increased some reimbursement rates and kept others the same amount. Mr. Owen stated that the department had worked collaboratively with the anesthesiology association to improve the rates.

 

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; and (2) to amend Sections 1 to 4 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

Department for Mental Health and Mental Retardation Services: Division of Mental Retardation: Mental Health

 

908 KAR 2:081. Repeal of 908 KAR 2:080. Betsy Dunnigan represented the department.

 

908 KAR 2:190 & E. Hart-Supported living services. A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to insert statutory references; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; (3) to amend Section 1 to correct a statutory reference and to ensure terms are consistent with those used in the KRS; (4) to amend Section 3 to include the application deadline date of April 1; (5) to amend Section 4 to add a statutory reference governing eligibility and to delete duplicative subsections; (6) to amend Section 6 to include a subsection prescribing who may serve on a team to review applications; (7) to amend Section 14 to add a reference to the federal Health Insurance Portability and Accountability Act governing records retention; and (8) to amend Sections 1, 2, 5, 7, 13, and 16 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

Office of the Secretary: Office of the Ombudsman: Administration

 

920 KAR 1:060. Protection of human subjects. Bob Blackburn, institutional review board administrator, represented the office. 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; (2) to amend Section 3(3) to insert standards for when failure to obtain prior project approval shall result in suspension or termination; and (3) to amend the TITLE and Sections 1 through 4, 6, and 9 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 Community Based Services: Division of Family Support: K-TAP, Kentucky Works, Welfare to Work, State Supplementation

 

921 KAR 2:510. Relocation Assistance Program. David Gayle, regulation coordinator, represented the department. A motion was made and seconded to approve the following amendments: to amend Section 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.

 

Food Stamp Program

 

921 KAR 3:090. Simplified Assistance for the Elderly Program or "SAFE". A motion was made and seconded to approve the following amendments: to amend Section 7(3) to set forth the circumstances under which the cabinet shall not act upon information voluntarily reported by the household that is contradictory to SDX data. Without objection, and with agreement of the agency, the amendments were approved.

 

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

 

GOVERNOR'S OFFICE OF AGRICULTURAL POLICY: Agricultural Development Board

 

10 KAR 2:020. Disbursement of monies from the Kentucky Agricultural Development Fund.

 

ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department for Environmental Protection: Division of Water: Public Water Supply

 

401 KAR 8:150. Disinfection, filtration, and recycling.

 

401 KAR 8:162. Enhanced filtration and disinfection for small systems serving less than 10,000 people.

 

401 KAR 8:501. Repeal of 401 KAR 8:500.

 

Department of Public Protection: Kentucky Horse Racing Authority: Thoroughbred Racing

 

810 KAR 1:080. International wagering hubs.

 

Harness Racing

 

811 KAR 1:025. Farm or stable name.

 

811 KAR 1:030. Eligibility and classification.

 

811 KAR 1:035. Claiming races.

 

811 KAR 1:040. Stakes and futurities.

 

811 KAR 1:045. Entries.

 

811 KAR 1:050. Entries and starters; split races.

 

811 KAR 1:055. Declaration to start; drawing horses.

 

811 KAR 1:060. Postponement; rescheduling, purses.

 

811 KAR 1:065. Starting.

 

811 KAR 1:075. Racing and track rules.

 

811 KAR 1:080. Placing; money distribution.

 

811 KAR 1:085. Conduct of racing.

 

811 KAR 1:090. Medication; testing procedures; prohibited practices.

 

811 KAR 1:095. Disciplinary Measures and Penalties.

 

811 KAR 1:100. Protests.

 

811 KAR 1:105. Review and appeal.

 

811 KAR 1:110. Timing and records.

 

811 KAR 1:130. Security; persons permitted on licensed premises.

 

811 KAR 1:135. Identification cards and badges.

 

811 KAR 1:140. Post time; entry number.

 

811 KAR 1:145. Number of races per program.

 

811 KAR 1:155. Postponements; decision on.

 

811 KAR 1:160. Association with undesirables prohibited.

 

811 KAR 1:171. Repeal of 811 KAR 1:165, 1:170, 1:180 and 1:190.

 

811 KAR 1:175. Tack inspection.

 

811 KAR 1:195. Track deductions from wagers.

 

811 KAR 1:225. Substance abuse by Authority employees and licensees.

 

CABINET FOR HEALTH AND FAMILY SERVICES: Division of Public Health Protection and Safety: Radiation Operators Certification

 

902 KAR 105:040. General radiation operator requirements.

 

902 KAR 105:061. Repeal of 902 KAR 105:060.

 

902 KAR 105:070. Violations and endorsement.

 

Other Business:

 

Co-chair Pullin introduced the two newest members of the subcommittee: Representative Bob Damron and Representative Danny Ford.

 

The subcommittee meeting adjourned at 11:50 a.m. until February 2007.