JOINT COMMITTEE ON AGENCY RULE REVIEW Agenda - 10/3/2011-1:30 P.M. Statehouse Hearing Room 121(William McKinley Room) Consent

Transcription

1 Agenda - Consent 1 Department of Aging Total Rules: 1 Original Filing Date: 7/13/2011 Date of Refiled Filing: 9/9/2011 Jurisdiction Ends: 10/9/2011 Public Hearing: 9/15/2011 Amendment Refiled Filing Yes Introduction and definitions. 2 Department of Aging Total Rules: 1 Original Filing Date: 7/13/2011 Date of Refiled Filing: 9/9/2011 Jurisdiction Ends: 10/9/2011 Public Hearing: 9/15/2011 New Rule Refiled Filing No Introduction and definitions. 3 Department of Developmental Disabilities Community Services Total Rules: 3 Original Filing Date: 8/16/2011 Jurisdiction Ends: 10/20/2011 Public Hearing: 9/20/2011 New Rule Original Filing No 5123: New Rule Original Filing No 5123: Rescission Original Filing Yes 5123: Home and community-based services waivers - nutrition services under the individual options waiver. Home and community-based services waivers - home-delivered meals under the individual options waiver. Individual options waiver - allocation of home and community-based services waiver state matching funds. Total Rules: 2 Original Filing Date: 8/16/2011 Date of Refiled Filing: 9/22/2011 Jurisdiction Ends: 10/22/2011 Public Hearing: 9/20/2011 New Rule Refiled Filing No 5123: New Rule Refiled Filing No 5123: Department of Education Home and community-based services waivers - interpreter services under the individual options waiver. Home and community-based services waivers - social work under the individual options waiver. JCARR 77 South High Street Concourse Level Columbus, Ohio (614) Page 1 10/3/2011

2 Total Rules: 1 Original Filing Date: 8/12/2011 Jurisdiction Ends: 10/16/2011 Public Hearing: 9/12/2011 Rescission Original Filing Yes Entry year. Total Rules: 1 Original Filing Date: 8/12/2011 Date of Revised Filing: 8/12/2011 Jurisdiction Ends: 10/16/2011 Public Hearing: 9/12/2011 New Rule Revised Filing No Teacher residency. 5 Department of Health Total Rules: 12 Original Filing Date: 4/20/2011 Date of Refiled Filing: 9/22/2011 Jurisdiction Ends: 10/22/2011 Public Hearing: 5/25/2011 Rescission Refiled Filing Yes Definitions. New Rule Refiled Filing No Definitions. Rescission Refiled Filing Yes HIV care consortia. New Rule Refiled Filing No HIV medical case management. Rescission Refiled Filing Yes HIV medical case management. New Rule Refiled Filing No Eligibility for benefits under the Ryan White part B program. Rescission Refiled Filing Yes Payment for services. New Rule Refiled Filing No Waiver. Rescission Refiled Filing Yes Eligibility for benefits under the Ryan White part B program. Rescission Refiled Filing Yes Provider eligibility for core medical services. Rescission Refiled Filing Yes Reconsideration process for denial or termination of eligibility. Rescission Refiled Filing Yes Ohio HIV drug assistance program eligibility requirements. 6 Department of Insurance Total Rules: 1 Original Filing Date: 8/1/2011 Jurisdiction Ends: 10/5/2011 Public Hearing: 9/2/2011 Amendment Original Filing Yes Mortgage guaranty insurance. 7 Department of Job and Family Services Division of Medical Assistance Total Rules: 1 Original Filing Date: 8/17/2011 Jurisdiction Ends: 10/21/2011 Public Hearing: 9/19/2011 Amendment Original Filing Yes 5101: Medicaid covered reproductive health services: permanent contraception/sterilization services and hysterectomy. JCARR 77 South High Street Concourse Level Columbus, Ohio (614) Page 2 10/3/2011

3 8 Department of Job and Family Services Division of Medical Assistance Total Rules: 1 Original Filing Date: 8/16/2011 Jurisdiction Ends: 10/20/2011 Public Hearing: 9/19/2011 Amendment Original Filing No 5101: Cost reports. 9 Department of Job and Family Services Division of Social Services Total Rules: 9 Original Filing Date: 8/9/2011 Jurisdiction Ends: 10/13/2011 Public Hearing: 9/15/2011 Amendment Original Filing Yes 5101: Care and nurturing of children for type A homes. Amendment Original Filing Yes 5101: Child guidance and management for licensed type A homes. Amendment Original Filing Yes 5101: Evening and overnight care for licensed type A homes. Amendment Original Filing Yes 5101: Training in first aid, CPR, management of communicable disease and child abuse prevention. Amendment Original Filing Yes 5101: Inservice training for licensed type A homes. Amendment Original Filing Yes 5101: Medical, dental, and general emergency plan for licensed type A homes. Amendment Original Filing Yes 5101: Incident/injury report for licensed type A homes. Amendment Original Filing Yes 5101: First aid supplies/procedures for licensed type A homes. Amendment Original Filing Yes 5101: Care of children with health conditions in licensed type A homes. Total Rules: 1 Original Filing Date: 8/9/2011 Date of Revised Filing: 9/8/2011 Jurisdiction Ends: 10/13/2011 Public Hearing: 9/15/2011 Amendment Revised Filing Yes 5101: Children's medical and enrollment records for licensed type A homes. 10 Department of Job and Family Services Division of Social Services Total Rules: 9 Original Filing Date: 8/9/2011 Jurisdiction Ends: 10/13/2011 Public Hearing: 9/15/2011 Amendment Original Filing Yes 5101: Care and nurturing of children for licensed child care centers. Amendment Original Filing Yes 5101: Child guidance and management for licensed child care centers. Amendment Original Filing Yes 5101: Evening and overnight care for licensed child care centers. Amendment Original Filing Yes 5101: Training in first aid, CPR, management of communicable disease and child abuse prevention for staff in licensed child care centers. Amendment Original Filing Yes 5101: In-service training for licensed child care centers. Amendment Original Filing Yes 5101: Medical, dental, and general emergency plan for licensed child care centers. JCARR 77 South High Street Concourse Level Columbus, Ohio (614) Page 3 10/3/2011

4 Amendment Original Filing Yes 5101: Incident/injury report for licensed child care centers. Amendment Original Filing Yes 5101: First aid supplies/procedures for licensed child care centers. Amendment Original Filing Yes 5101: Care of children with health conditions in licensed child care centers. Total Rules: 1 Original Filing Date: 8/9/2011 Date of Revised Filing: 9/8/2011 Jurisdiction Ends: 10/13/2011 Public Hearing: 9/15/2011 Amendment Revised Filing Yes 5101: Children's medical and enrollment records for licensed child care centers. 11 Department of Job and Family Services Division of Social Services Total Rules: 1 Original Filing Date: 8/12/2011 Jurisdiction Ends: 10/16/2011 Public Hearing: 9/14/2011 Amendment Original Filing Yes 5101: Payment rates and procedures for providers of publicly funded child care. 12 Department of Job and Family Services Division of Social Services Total Rules: 1 Original Filing Date: 8/19/2011 Jurisdiction Ends: 10/23/2011 Public Hearing: 9/27/2011 Amendment Original Filing Yes 5101: Removal of a child from his or her own home. 13 Department of Job and Family Services Division of Workforce Development Total Rules: 1 Original Filing Date: 8/3/2011 Jurisdiction Ends: 10/7/2011 Public Hearing: 9/6/2011 Amendment Original Filing No 5101: Military injury relief fund grant program: definitions. 14 Department of Natural Resources Division of Mineral Resources Management-Mine Safety Total Rules: 18 Original Filing Date: 8/11/2011 Jurisdiction Ends: 10/15/2011 Public Hearing: 9/14/2011 New Rule Original Filing No 1501: Applicability. New Rule Original Filing No 1501: Underground diesel fuel storage facilities. New Rule Original Filing No 1501: Transfer of diesel fuel. New Rule Original Filing No 1501: Containers for transport of diesel fuel. New Rule Original Filing No 1501: Fire suppression for equipment and transportation. New Rule Original Filing No 1501: Fire suppression for underground diesel fuel storage facilities. New Rule Original Filing No 1501: Prohibition on the use of certain starting aids. New Rule Original Filing No 1501: Fueling. JCARR 77 South High Street Concourse Level Columbus, Ohio (614) Page 4 10/3/2011

5 New Rule Original Filing No 1501: Maintenance. New Rule Original Filing No 1501: Records. New Rule Original Filing No 1501: Duties of equipment operator. New Rule Original Filing No 1501: Schedule of maintenance. New Rule Original Filing No 1501: Establishing baseline exhaust emissions values for monitoring and control. New Rule Original Filing No 1501: Equipment maintenance diagnostic testing. New Rule Original Filing No 1501: Equipment-specific training for diesel-powered equipment operators. New Rule Original Filing No 1501: Additional requirements for operation of diesel-powered equipment. New Rule Original Filing No 1501: Underground mine inspector diesel inspection training. New Rule Original Filing No 1501: Diesel Technical Advisory Committee. Total Rules: 9 Original Filing Date: 8/11/2011 Date of Revised Filing: 9/12/2011 Jurisdiction Ends: 10/15/2011 Public Hearing: 9/14/2011 New Rule Revised Filing No 1501: Definitions for Chapter 1501:10-2 of the Administrative Code. New Rule Revised Filing No 1501: General requirements for underground use of diesel-powered equipment. New Rule Revised Filing No 1501: Diesel-powered equipment package. New Rule Revised Filing No 1501: Exhaust emissions control and conditioning systems. New Rule Revised Filing No 1501: Ventilation. New Rule Revised Filing No 1501: Exhaust emissions monitoring and control. New Rule Revised Filing No 1501: Fire and safety training. New Rule Revised Filing No 1501: General requirements for training diesel-powered equipment operators. New Rule Revised Filing No 1501: Diesel mechanic training. 15 Department of Natural Resources Division of Mineral Resources Management-Mine Safety Total Rules: 2 Original Filing Date: 8/11/2011 Jurisdiction Ends: 10/15/2011 Public Hearing: 9/14/2011 New Rule Original Filing No 1501: Definitions. New Rule Original Filing No 1501: Incorporation by reference. 16 Department of Public Safety Total Rules: 1 Original Filing Date: 6/14/2011 Date of Refiled Filing: 9/8/2011 Jurisdiction Ends: 10/8/2011 Public Hearing: 7/21/2011 Amendment Refiled Filing Yes License plate specifications. JCARR 77 South High Street Concourse Level Columbus, Ohio (614) Page 5 10/3/2011

6 17 Department of Rehabilitation and Correction Total Rules: 6 Original Filing Date: 8/1/2011 Jurisdiction Ends: 10/5/2011 Public Hearing: Amendment Original Filing No Transfer, transportation, and conditions of supervision. Amendment Original Filing No Electronic monitoring of prisoners. Amendment Original Filing No Amendment Original Filing No Issuance of passes. Amendment Original Filing No Sanctions. Supervision fees, disbursement of earnings, and administration of the transitional control fund. Amendment Original Filing No Return to the institution for administrative reasons. 18 Department of Youth Services Total Rules: 1 Original Filing Date: 8/15/2011 Jurisdiction Ends: 10/19/2011 Public Hearing: 9/20/2011 Amendment Original Filing Yes Emergency Response Commission Prohibited activity relating to weapons, intoxicating liquors, tobacco products, drugs, unauthorized correspondence, communication devices, and hunting. Total Rules: 14 Original Filing Date: 8/10/2011 Jurisdiction Ends: 10/14/2011 Public Hearing: 9/19/2011 Amendment Original Filing Yes Definitions and incorporation by reference. Amendment Original Filing Yes Purpose. Amendment Original Filing Yes Public notice of proposed rules. Amendment Original Filing Yes Facilities subject to emergency release notification requirements. Amendment Original Filing Yes Designation of hazardous substances. Amendment Original Filing Yes Determination of reportable quantities for hazardous substances. Amendment Original Filing Yes Calculations for reportable quantities of continuous releases. Amendment Original Filing Yes Release notification requirements. Amendment Original Filing Yes Facilities subject to hazardous chemical reporting requirements. Amendment Original Filing Yes Facility emergency and hazardous chemical inventory form. Amendment Original Filing Yes Emergency planning and community right-to-know fund. Amendment Original Filing Yes Special emergency planning fund. Amendment Original Filing Yes Grant application for emergency planning and community right-to-know funds. JCARR 77 South High Street Concourse Level Columbus, Ohio (614) Page 6 10/3/2011

7 Amendment Original Filing Yes Emergency planning and community right-to-know reserve fund. 20 Liquor Control Liquor Control Commission Total Rules: 2 Original Filing Date: 8/15/2011 Jurisdiction Ends: 10/19/2011 Public Hearing: 9/15/2011 Amendment Original Filing Yes 4301: Consumer tasting activities and sampling at retail permit premises. Amendment Original Filing Yes 4301: Inspection of permit premises - hindering or assaulting forbidden. 21 Ohio Casino Control Commission Total Rules: 1 Original Filing Date: 8/9/2011 Jurisdiction Ends: 10/13/2011 Public Hearing: 9/9/2011 New Rule Original Filing No Approval for Debt Transactions. 22 Ohio Environmental Protection Agency Total Rules: 14 Original Filing Date: 8/16/2011 Jurisdiction Ends: 10/20/2011 Public Hearing: 9/23/2011 Amendment Original Filing Yes Definitions. Amendment Original Filing Yes Record keeping. Amendment Original Filing Yes Covered facilities for toxic chemical release reporting. Amendment Original Filing Yes Reporting requirements and schedule for reporting. Amendment Original Filing Yes Exemptions. Amendment Original Filing Yes Notification about toxic chemicals. Amendment Original Filing Yes Applicable chemicals and chemical categories. Amendment Original Filing Yes Toxic chemical release reporting form and instructions. Amendment Original Filing Yes Fee system. Amendment Original Filing Yes Trade secret claims. Amendment Original Filing Yes Alternate threshold and certification. Amendment Original Filing Yes Alternate threshold certification and instructions. Amendment Original Filing Yes Lower thresholds for chemicals of special concern. Amendment Original Filing Yes SIC and NAICS codes to which this chapter applies. 23 Ohio Optical Dispensers Board Total Rules: 19 Original Filing Date: 1/14/2011 Date of Refiled Filing: 9/15/2011 Jurisdiction Ends: 10/15/2011 Public Hearing: 2/17/2011 JCARR 77 South High Street Concourse Level Columbus, Ohio (614) Page 7 10/3/2011

8 New Rule Refiled Filing No Definitions. Rescission Refiled Filing Yes Definitions. Rescission Refiled Filing Yes Registration as an apprentice. New Rule Refiled Filing No Definitions. New Rule Refiled Filing No Licensure renewal requirements. New Rule Refiled Filing No Extension and waivers. New Rule Refiled Filing No Apprentice registration renewal. New Rule Refiled Filing No Definitions. New Rule Refiled Filing No Application for approval of continuing education. New Rule Refiled Filing No Rescission Refiled Filing Yes Continuing education requirements. Educational activities that meet and educational activities that do not meet the continuing education requirements for licensure renewal. Rescission Refiled Filing Yes Board approval of continuing education programs. Rescission Refiled Filing Yes Licensees requesting an extension or waiver of the continuing education requirements. Rescission Refiled Filing Yes Continuing education requirements excused. New Rule Refiled Filing No General information. New Rule Refiled Filing No Standards relating to competent practice as a licensed dispensing optician. New Rule Refiled Filing No Standards relating to competent practice as an ocularist. Rescission Refiled Filing Yes License displayed. Rescission Refiled Filing Yes Proper identification. 24 Ohio Optical Dispensers Board Total Rules: 10 Original Filing Date: 2/11/2011 Date of Refiled Filing: 9/16/2011 Jurisdiction Ends: 10/16/2011 Public Hearing: 3/17/2011 Rescission Refiled Filing Yes Competency examination procedures. Rescission Refiled Filing Yes Licensure requirements. Rescission Refiled Filing Yes Renewal of licenses. Rescission Refiled Filing Yes Criminal records check. Rescission Refiled Filing Yes Fees. New Rule Refiled Filing No Competency examination procedures. New Rule Refiled Filing No Licensure requirements. New Rule Refiled Filing No Renewal of licenses. JCARR 77 South High Street Concourse Level Columbus, Ohio (614) Page 8 10/3/2011

9 New Rule Refiled Filing No Criminal records check. New Rule Refiled Filing No Fees. 25 State Board of Pharmacy Total Rules: 11 Original Filing Date: 8/10/2011 Jurisdiction Ends: 10/14/2011 Public Hearing: 9/12/2011 Amendment Original Filing Yes Notice of meetings. Amendment Original Filing Yes Public records. Amendment Original Filing Yes Definitions. Amendment Original Filing Yes Internship credit. Amendment Original Filing Yes Expiration of pharmacy intern registration. Amendment Original Filing Yes Recognized and approved schools of pharmacy. Amendment Original Filing Yes Dispensing and compounding of drugs. Amendment Original Filing Yes Partial dispensing of schedule II controlled substances. Amendment Original Filing Yes Examination application for registration as pharmacist. Amendment Original Filing Yes Disposal of dangerous drugs which are controlled substances. Amendment Original Filing Yes Occasional sale. Total Rules: 1 Original Filing Date: 8/10/2011 Date of Revised Filing: 9/13/2011 Jurisdiction Ends: 10/14/2011 Public Hearing: 9/12/2011 Amendment Revised Filing Yes Prospective drug utilization review. 26 State Board of Pharmacy Total Rules: 9 Original Filing Date: 8/10/2011 Jurisdiction Ends: 10/14/2011 Public Hearing: 9/12/2011 Amendment Original Filing No Qualified pharmacy technician training program. Amendment Original Filing No Definitions. Amendment Original Filing No Manner of issuance of a prescription. Amendment Original Filing No Minimum requirements for wholesalers. Amendment Original Filing No Entities required to submit information. Amendment Original Filing No Information required for submission. Amendment Original Filing No Electronic format required for the transmission of dispensing information. Amendment Original Filing No Electronic format required for the transmission of wholesale drug sales. JCARR 77 South High Street Concourse Level Columbus, Ohio (614) Page 9 10/3/2011

10 Amendment Original Filing No Corrections to the drug database. Total Rules: 1 Original Filing Date: 8/10/2011 Date of Revised Filing: 9/13/2011 Jurisdiction Ends: 10/14/2011 Public Hearing: 9/12/2011 Amendment Revised Filing No Frequency requirements for submitting drug database information. 27 State Board of Pharmacy Total Rules: 1 Original Filing Date: 8/10/2011 Jurisdiction Ends: 10/14/2011 Public Hearing: 9/12/2011 New Rule Original Filing No Criminal Records Check for Pain Management Clinics. 28 State Board of Psychology Total Rules: 4 Original Filing Date: 8/16/2011 Jurisdiction Ends: 10/20/2011 Public Hearing: 9/23/2011 Amendment Original Filing No Definitions. Amendment Original Filing No Requirements for admission to the examination for a psychologist license. Amendment Original Filing No Supervision definitions. Amendment Original Filing No Requirements pertaining to supervision. Total Rules: 1 Original Filing Date: 8/16/2011 Date of Revised Filing: 8/23/2011 Jurisdiction Ends: 10/20/2011 Public Hearing: 9/23/2011 Amendment Revised Filing No State Medical Board General rules of professional conduct pursuant to section of the Revised Code. Total Rules: 1 Original Filing Date: 5/20/2011 Date of Refiled Filing: 9/19/2011 Jurisdiction Ends: 10/19/2011 Public Hearing: 6/24/2011 New Rule Refiled Filing No Standards and procedures for review of Ohio Automated Rx Reporting System (OARRS). 30 Department of Agriculture Withdrawn Total Rules: 1 Original Filing Date: 9/13/2011 Date of Withdrawn Filing: 9/26/2011 Jurisdiction Ends: Public Hearing: 10/18/2011 JCARR 77 South High Street Concourse Level Columbus, Ohio (614) Page 10 10/3/2011

11 Amendment Withdrawn Filing No Services performed by the division of plant industry. 31 Department of Public Safety Total Rules: 8 Original Filing Date: 8/4/2011 Date of Withdrawn Filing: 9/12/2011 Jurisdiction Ends: Public Hearing: 9/6/2011 Amendment Withdrawn Filing No Definitions. Amendment Withdrawn Filing No Place of business for a class "D" license school and office. Amendment Withdrawn Filing No Insurance and bonding for training the operation of class "D" motor vehicles. Rescission Withdrawn Filing Yes Training required for the operation of class "D" motor vehicles. New Rule Withdrawn Filing No Training required for the operation of class D motor vehicles. Amendment Withdrawn Filing No Class "D" license school training agreements. Amendment Withdrawn Filing No Class "D" license school records. Amendment Withdrawn Filing No Inspections and investigations of class "D" license schools. JCARR 77 South High Street Concourse Level Columbus, Ohio (614) Page 11 10/3/2011