NEW HAMPSHIRE RULEMAKING REGISTER OFFICE OF LEGISLATIVE SERVICES ROOM 219, STATE HOUSE ANNEX 25 CAPITOL STREET CONCORD, NEW HAMPSHIRE 03301-6312 Tel. (603) 271-3680 TDD Access: Fax (603) 271-7871 Website: www.gencourt.state.nh.us/rules/index.html Relay NH 1-800-735-2964 VOLUME XXXII, Number 42, October 18,2012 TABLE OF CONTENTS ---1-. - OFFlCE-8 F-LEGlSGATTV-E SER-YIGES Page No. a. List of Notices of Proposed Rules NN 2012-142 through NN 2012-146 - ) - b. Notices of Proposed Rules NOTE: POSSIBLE RULE EXTENSION If the proposed rules contain existing, regular rules being readopted or readopted with amendments, and are not adopted and effective until after the expiration date(s) of the existing rules(s), then the existing rules will nevertheless continue in effect pursuant to RSA 541-A: 14-a until the proposed rules are adopted and effective. 2. COMMITTEE (llcar) REGULAR MEETING: CONTINUED MEETING: Thursday, October 18,2012 9:00 a.m. Rooms 305/307, Legislative Office Building Thursday, November 1,2012 9:00 a.m. Rooms 305/307, Legislative Office Building JLCAR MEETING DATES AND RELATED FILING DEADLINES OCTOBER-DECEMBER, 2012 The JLCAR has voted to hold its regularly scheduled monthly meetings for October through December, 2012 on the third Thursdays listed below. The minimum 14-day "deadline" prior to the regular JLCAR meeting is listed for agencies to file final proposals or proposed interim rules for placement on the JLCAR agenda pursuant to RSA 541-A:12, I and RSA 541-A:19, V. The JLCAR has also scheduled continued meetings as listed below on select Thursdays to address any items postponed from the prior regular meetings. Regular Meeting Regular Meeting Continued Meeting Filing Deadline Date Date October 4 October 18 November 1 November 1 November 15 December 6 December 6 December 20 None
NEW HAMPSHIRE RULEMAKING REGISTER Notices of Proposed Rules Notice Number Rule Number Agency and Short Title of Rule Page No. 2012-142 Spe 211.03 Governing Board of Speech Language Pathologists Pre-Hearing Disclosure of Witnesses and Exhibits. 2012-143 Spe 303.04 Governing Board of Speech Language Pathologists 3 Required Documents for Full and Conditional Licensure. 2012-144 Spe 402.04,403.07, Governing Board of Speech Language Pathologists 5 405.01,405.07, & License Renewal Application Form, Supporting Material for 406.01 Reinstatement, Continuing Education, and Licensee Obligations. 2012-145 Spe 608.01 Governing Board of Speech Language Pathologists 7 Administrative Obligations ofindividuals Certified as Speech-Language Assistants. 2012-146 Saf-C 2100 Department of Safety, Commissioner 9 Nonresident Pistol/Revolver License Rules. -i-
NEW HAMPSHIRE RULEMAKING REGISTER October 18, 2012 Page 1 Notice Number 2012-142 Rule Number Spe 211.03 ----------------------- 1. Agency Name & Address: 2. RSA Authority: RSA 541-A:16, l(b)(2) & RSA 541-A:30-a, I & nl(c) Speech-Language Pathology Governing Board Office of Licensed Allied Health Professionals 3. Federal Authority: 4. Type of Action: Adoption Amendment Repeal Readoption Readoption w/amendment 5. Short Title: Pre-Hearing Disclosure of Witnesses and Exhibits X 6. (a) Summary of what the rule says and of any proposed amendments: Spe 211.03 is being readopted with amendment. The rule describes the disclosure of witnesses and exhibits before a hearing. The amendments delete the requiremept for witness addresses and phone numbers, brief summaries of their testimony, and inspection of non-documental exhibits. The effect of the change will protect the witnesses from potential harassment and level the playing field for all parties with regard to summaries of testimony. 6. (b) Brief description of the groups affected: Speech-Language Pathologists who must appear before the Board for disciplinary proceedings. 6. (c) Specific section or sections of state statute or federal statute or regulation which the rule is intended to implement: Rule Spe 211.03 Statute RSA 328-F:24 7. Contact person for copies and questions including requests to accommodate persons with disabilities: Name: Address: Tina M. Kelley Office of Licensed Allied Health Professionals Title: Administrator Phone #: 603-271-8389 Fax#: 603-271-6702 E-mail: Tina.Kelley@nh.gov TTY/TDD Access: Relay NH 1-800-735-2964 or dial 711 (in NH)
NEW HAMPSHIRE RULEMAKING REGISTER October 18, 2012 Page 2 NN 2012-142 Continued 8. Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format specified: December 14,2012 by 4:00 pm ~Fax ~E-mail DOther format (specify): 9. Public hearing scheduled for: Date and Time: Place: December 6, 2012 at 4:00 pm Office of Licensed Allied Health Professionals,, 10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant) FIS # 12:140, dated October 9, 2012 1. Comparison of the costs of the proposed rule(s} to the existing rule(s): There is no difference in cost when comparing the proposed rules to the existing rules. 2. Cite the Federal mandate. Identify the impact on state funds: No federal mandate, no impact on state funds. 3. Cost and benefits of the proposed rule(s): A. To State general 01' State sp.ecial funds: B. To State citizens and political subdivisions: C. To independently owned businesses: 11. Statement Relative to Part I, Article 28-a of the N.H. Constitution: This proposal does not apply to any political subdivision. Therefore, there is no violation of the New Hampshire constitution Part I, Article 28-a.
NEW HAMPSHIRE RULEMAKING REGISTER October 18, 2012 Page 3 Notice Number 2012-143 Rule Number Spe 303.04 1. Agency Name & Address: 2. RSA Authority: RSA 328-F:ll, I. (a) 3. Federal Authority: Speech-Language Pathology Governing Board Office of Licensed Allied Health Professionals 4. Type of Action: Adoption Amendment Repeal Readoption Readoption w/amendment X 5. Short Title: Required documents for full and conditional licensure 6. (a) Summary of what the rule says and of any proposed amendments: Spe 303.04 is being readopted with amendment. The rule describes all documents required of applicants for full and conditional licensure and is being amended to add a requirement for criminal offender record reports from each state where the applicant has resided or been licensed within the past 6 years. 6. (b) Brief description of the groups affected:. Those individual who seek licensure in the State of NH as a Speech-Language Pathologists or Certification as a Speech-Language Assistant. 6. (c) Specific section or sections of state statute or federal statute or regulation which the rule is intended to implement: Rule Spe 303.04 Statute RSA 328-F:ll, I. (a) 7. Contact person for copies and questions including requests to accommodate persons with disabilities: Name: Address: Tina M. Kelley Office of Licensed Allied Health Professionals Title: Administrator Phone #: 603-271-8389 Fax#: 603-271-6702 E-mail: Tina.Kelley@nh.gov TTY/TDD Access: Relay NH 1-800-735-2964 or dial 711 (in NH)
NEW HAMPSHIRE RULEMAKING REGISTER October 18, 2012 Page 4 NN 2012-143 Continued 8. Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format specified: December 14,2012 by 4:00 pm IZIFax IZIE-mail DOther format (specify): 9. Public hearing scheduled for: Date and Time: Place: December 6, 2012 at 4:00 pm Office of Licensed Allied Health Professionals,, 10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant) PIS # 12:141, dated October 9, 2012 1. Comparison of the costs of the proposed rule(s) to the existing rijle(s): When compared to the existing rules. the proposed rules will increase costs to citizens who apply for licensure as a speech-language pathologist. 2. Cite the Federal mandate. Identify the impact 01"1 state funds: No federal mandate, no impact on state funds.. 3. Cost and benefits of the proposed rule(s): A. TO State general or State special funds: B. To State citizens and political subdivisions: Under the proposed rules, citizens wh ~) apply for licensure as a speech-language pathologist will be required to provide an original criminal offender record report issued by each state in which they have been licensed or resided in the past 6 years. This cost will vary by individual and cannot be estimated. There will be no impact on. political subdivisions. c. To independently owned businesses: 11. Statement Relative to Part I, Article 28-a of the N.H. Constitution: This proposal does not apply to any political subdivision. Therefore, there is no violation of the New Hampshire constitution Part I, Article 28-a.
NEW HAMPSHIRE RULEMAKING REGISTER October 18, 2012 Page 5 Notice Number 2012-144 Rule Number Spe 402.04, 403.07, 405.01, 405.07, & 406.01 1. Agency Name & Address: 2. RSA Authority: RSA 328-F:ll, I. (b), (d), (e), & (t) & n. (a) Speech-Language Pathology Governing Board Office of Licensed Allied Health Professionals 3. Federal Authority: 4. Type of Action: Adoption Amendment Repeal Readoption Readoption w/amendment 5. Short Title: License renewal application form, supporting material for reinstatement, continuing education, and licensee obligations. 6. (a) Summary of what the rule says and of any proposed amendments: Spe 402.04 is being readopted with amendment. The rule describes the multipart licensure renewal application form and is being amended to remove the requirement for an applicant to enter his or her printed full name on the form because the computer automatically enters this information. Spe 403.07 is being readopted with amendment. The rule describes the supporting materials required for reinstatement of licensure and is being amended to add a requirement for a criminal offender record report from each state where the applicant has resided or been licensed within the past 6 years. Spe 405.01 is being readopted with amendment. The rule describes the maintenance of continuing competence requirement and is being amended to state that no more than 50% of the clinical hours shall be obtained thru webinars, teleconferences, teleseminars, video lectures, and video courses. Spe 405.07 is being readopted with amendment. The rule describes webinars, teleconferences, teleseminars, video lectures; and video courses and is being amended to add an assessment portion to these types of continuing education. Spe 406.01 is being readopted with amendment. The rule describes the administrative obligations of licensees and is being amended to add the requirement that those individuals who are licensed less than 3 years shall not supervise individuals who are completing their education period through a provisional license. 6. (b) Brief description of the groups affected: Speech-Language Pathologists applying for license renewal, reinstatement of a license, completing continuing education, or have not held a license for more than three years. 6. (c) Specific section or sections of state statute or federal statute or regulation which the rule is intended to implement: Rule Spe402.04 Spe 403.07 Spe 405.01 Spe 405.07 Spe 406.01 Statute RSA 328-F:ll, I. (1) RSA 328-F:ll, I. (b) RSA 328-F:ll, I. (b), (d), and (e) RSA 328-F:ll, I. (b), (d), and (e) RSA 328-F:ll, II. (a) X
NEW HAMPSHIRE RULEMAKING REGISTER October 18, 2012 Page 6 NN 2012-144 Continued 7. Contact person for copies and questions including requests to accommodate persons with disabilities: Name: Tina M. Kelley Title: Administrator Address: Office of Licensed Allied Health Phone #: 603-271-8389 Professionals Fax#: 603-271-6702 E-mail: Tina.Kelley@nh.gov TTY ITDD Access: Relay NH 1-800-735-2964 or dial 711 (in NH) 8. Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format specified: December 14,2012 by 4:00 pm [gjfax [8]E-mail DOther format (specify): 9. Public hearing scheduled for: Date and Time: Place: December 6, 2012 at 4:00 pm Office of Licensed Allied Health Professionals,,.. 10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant) FIS # 12:142 ) dated October 9, 2012 1. Comparison of the costs of the proposed rule(s) to the existing rule{s): When compared to the existing rules, the proposed rules will increase costs to citizens who apply for reinstatement as a licensed speech-language pathologist. 2. Cite the Federal mandate. Identify the impact on state funds: No federa.l mandate: no impact on state funds. 3. Cost and benefits of the proposed rule(s): A. To State general or State special funds: 8, To State citizens and political subdivisions: Under the propos'ed rules, citizens who apply for reinstatement as a licensed speech language pathologist will. be required to provide an original criminal offender record report issued by each state in which they have been Ilcensed or resided in the past 6 years. This cost will vary by individual and cannot be estimated. There will be no impact on political SUbdivisions. C. To independently owned businesses: 11. Statement Relative to Part I, Article 28-a of the N.H. Constitution: This proposal does not apply to any political subdivision. Therefore, there is no violation of the New Hampshire constitution Part I, Article 28-a.
NEW HAMPSHIRE RULEMAKING REGISTER October 18, 2012 Page 7 Notice Number 2012-145 Rule Number Spe 608.01 1. Agency Name & Address: 2. RSA Authority: RSA 326-F:5, V 3. Federal Authority: Speech-Language Pathology Governing Board Office of Licensed Allied Health Professionals 4. Type of Action: Adoption Amendment Repeal Readoption Readoption w/amendment X 5. Short Title: Administrative obligations of individuals certified as Speech-Language Assistants. 6. (a) Summary of what the rule says and of any proposed amendments: Spe 608.01 is being readopted with amendment. The rule describes the ongoing obligations of speech-language assistants and is being modified to clearly state the use of their credentials. 6. (b) Brief description of the groups affected: Speech-Language Pathologists Assistants who are certified. 6. ( c) Specific section or sections of state statute or federal statute or regulation which the rule is intended to implement: Rule Spe 608.01 Statute RSA 326-F:1, II-a. 7. Contact person for copies and questions including requests to accommodate persons with disabilities: Name: Address: Tina M. Kelley Office of Licensed Allied Health Professionals Title: Administrator Phone #: 603-271-8389 Fax#: 603-271-6702 E-mail: Tina.Kelley@nh.gov TTY/TDD Access: Relay NH 1-800-735-2964 or dial 711 (in NH) 8. Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format specified: December 14,2012 by 4:00 pm [8JFax [8JE-mail DOther format (specify):
NEW HAMPSHIRE RULEMAKING REGISTER October 18, 2012 Page 8 NN 2012-145 Continued 9. Public hearing scheduled for: Date and Time: Place: December 6, 2012 at 4:00 pm Office of Licensed Allied Health Professionals,, 10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant) FIS # 12:143, dated October 9, 2012 1. Comparison ofthe costs ofthe proposed rule(s) to the existing rule(s):. '.. There is no difference in cost when comparing the proposed n;les to the existing rules.., / 2. Cite the Federal mandate. Identify the impact on state funds: No federal mandate, no i~pact on state funds. 3. Cost and benefits of the proposed rule(s): A. To state general or State special funds: B. To State citizens and political subdivisions: C. To independently owned businesse$~. 11. Statement Relative to Part I, Article 28-a of the N.H. Constitution: This proposal does not apply to any political subdivision. Therefore, there is no violation of the New Hampshire constitution Part I, Article 28M a.
NEW HAMPSHIRE RULEMAKING REGISTER October 18, 2012 Page 9 Notice Number 2012-146 Rule Number Saf-C 2100 1. Agency Name & Address: Department of Safety 33 Hazen Drive Concord, NH 03305 2. RSA Authority: RSA 21-P:14, n(o 3. Federal Authority: N/A 4. Type of Action: Adoption Amendment Repeal Readoption Readoption w/amendment X 5. Short Title: Nonresident PistoIlRevolver License Rules 6. (a) Summary of what the rule says and of any proposed amendments: The proposed rulemaking readopts with changes Saf-C 2100, Nonresident PistollRevolver License rules, which are scheduled to expire on October 15, 2012, but subject to the extension pursuant to RSA 541-A:14-a. The proposed changes include the following: Editorial changes to make the rules clearer to the reader; Saf-C 2103.01 has been amended to include that an applicant under the age of 18 shall be denied a nonresident pistol/revolver license; Saf-C 2103.01 has been amended to delete text that makes a conviction ofa misdemeanor involving theft a disqualifier for a nonresident pistol/revolver license; Saf-C 2103.01 has been amended to make clear that convictions of misdemeanor charges involving drugs or violence that is older than 20 years is no longer a disqualifier for a nonresident pistol/revolver license; and lastly, The rules have been amended to eliminate an administrative hearing for the denial, suspension or ~evocation of a nonresident pistol/revolver license. Pursuant to RSA 159:6-c, appeals are to be held at the Concord District Court. 6. (b) Brief description of the groups affected: Those groups affected by the rules include nonresidents who wish to obtain a license to carry a revolver or pistol in New Hampshire and the Division of State Police, Department of Safety.
NEW HAMPSHIRE RULEMAKING REGISTER October 18,2012 Page 10 NN 2012-146 Continued 6. (c) Specific section or sections of state statute or federal statute or regulation which the rule is intended to implement: RULE STATUTES IMPLEMENTED Saf-C 2101 RSA 159:6 Saf-C 2102.01 RSA 159:6 Saf-C 2102.02 RSA 541-A:16, I(b)(1) and RSA 159:6 Saf-C 2102.03 RSA 159:6 Saf-C 2102.04 RSA 159:6 Saf-C 2103 RSA 159:6 Saf-C 2104 RSA 159:6 Saf-C 2105 RSA 159:6-c 7. Contact person for copies and questions including requests to accommodate persons with disabilities: Name: Address: Marta Modigliani, Esq. 33 Hazen Drive Concord, NH 03305 Title: Phone #: Fax#: E-mail: Attorney 603-271-2791 603271-3903 rules@dos.nh.gov TTY/TDD Access: Relay NH 1-800-735-2964 or dial 711 (in NH) 8. Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format specified: Friday, November 16, 2012 at 8:15 a.m. IZIFax [gje-mail DOther format (specify): 9. Public hearing scheduled for: Date and Time: Place: Thursday, November 8, 2012 at 10:00 a.m. Second Floor Conference Room NH Department of Safety 33 Hazen Drive Concord, NH 03305
NEW HAMPSHIRE RULE MAKING REGISTER October 18, 2012 Page 11 NN 2012-146 Continued 10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant) FIS # 12:148, dated October 12, 2012 1. Comparison Of the costs of the proposed rule($} to the existing rule(s); When compared to the existing rules, the proposed rules may Increase state general fund revenue by an indeterminable amount In each fiscal year. 2. Cite the Federal mandate.. Identify the impact on state funds: No Federal mandate, no Impact on state funds. 3. Cost and banefits of the proposed rule(s): A. To State general or State special funds: The proposed rules delete certain conditions that disqualify individuals from obtaining nonresident pistol/revolver licenses which may increase revenue to the state general fund. Specifically, the proposed rules remove misdemeanor convictions involving theft and misdemeanor convictions involving drugs or violence older than 20 years from the list of reasons for denial of nonresident pistol/revolver licenses. The Department cannot estimate the increase, if any, in the number of nonresident pistollrevolver Iicen~~s as a result of the proposed rules, B. To state. citizens and political subdivision$: C. To independently owned businesses: 11. Statement Relative to Part I, Article 28-a of the N.H. Constitution: 1. The proposed rules do not create a new program or responsibility, or expand or modify an existing program or responsibility, to any political subdivision. 2. The proposed rules do not mandate or assign a program or responsibility to any political subdivision of the state in such a way as to increase the costs the political subdivision must pay. 3. No state funding is necessary because the proposed rules do not mandate or assign a program or responsibility to any political subdivision so as to increase the costs the political subdivision must pay.