The following agenda does not take into consideration all of the administrative regulations
that may be deferred by the promulgating agency or that may be removed in order to complete
the public comment process. Please contact the Regulation Compiler's Office for updates.
ADMINISTRATIVE REGULATION REVIEW SUBCOMMITTEE
TENTATIVE AGENDA, NOVEMBER 10, 2015 at 1:00 p.m.**, Room 149, Capitol Annex
**Please note that the meeting time might be moved to 10:00 a.m., depending on the number of administrative regulations remaining on the agenda..
PERSONNEL CABINET
Office of the Secretary
Personnel Cabinet; Classified
101 KAR 2:210 & E. 2016 Plan Year Handbook for the public employee health insurance program. (“E” expires 3/13/2016)
GENERAL GOVERNMENT CABINET
Board of Pharmacy
Board
201 KAR 2:220. Collaborative care agreements. (Amended After Comments)
Board of Veterinary Examiners
Board
201 KAR 16:050. Continuing education.
Board of Chiropractic Examiners
Board
201 KAR 21:015. Code of ethical conduct and standards of practice.
Board of Physical Therapy
Board
201 KAR 22:020. Eligibility and credentialing procedure.
201 KAR 22:040. Procedure for renewal or reinstatement of a credential for a physical therapist or physical therapist assistant.
201 KAR 22:070. Requirements for foreign-educated physical therapists.
Board of Podiatry
Board
201 KAR 25:011. Approved schools; examination application; fees.
201 KAR 25:021. Annual renewal of licenses, fees.
201 KAR 25:031. Continuing education.
Board of Examiners of Psychology
Board
201 KAR 26:121. Scope of practice and dual licensure. (Not Amended After Comments)
201 KAR 26:175. Continuing education. (Amended After Comments)
201 KAR 26:200. Definitions of terms used by the Board of Examiners of Psychology for meeting education requirements for licensure as a licensed psychologist. (Not Amended After Comments)
Real Estate Appraisers Board
Board
201 KAR 30:050. Examination and experience requirement.
201 KAR 30:380. Individual appraiser license renewal and fee.
Board of Licensure of Marriage and Family Therapists
Board
201 KAR 32:025. Marriage and family therapist associate. (Amended After Comments)
201 KAR 32:035. Supervision of marriage and family therapist associates. (Amended After Comments)
201 KAR 32:045. Examination. (Amended After Comments)
201 KAR 32:060. Continuing education requirements. (Amended After Comments)
Board of Licensure and Certification for Dietitians and Nutritionists
Board
201 KAR 33:015. Application; approved programs.
201 KAR 33:020. Renewals.
201 KAR 33:030. Continuing education requirements for licensees and certificate holders.
Board of Alcohol and Drug Counselors
Board
201 KAR 35:010 & E. Definitions for 201 KAR Chapter 35. (“E” expires 2/21/2016)
201 KAR 35:015 & E. Grandparenting of certification to licensure. (“E” expires 2/21/2016)
201 KAR 35:020 & E. Fees. (“E” expires 2/21/2016)
201 KAR 35:030 & E. Code of ethics. (“E” expires 2/21/2016)
201 KAR 35:040 & E. Continuing education requirements. (“E” expires 2/21/2016)
201 KAR 35:050 & E. Curriculum of study. (“E” expires 2/21/2016)
201 KAR 35:055 & E. Temporary registration or certification. (“E” expires 2/21/2016)
201 KAR 35:060 & E. Complaint procedure. (“E” expires 2/21/2016)
201 KAR 35:070 & E. Supervision experience. (“E” expires 2/21/2016)
201 KAR 35:075 & E. Substitution for work experience for an applicant for certification as an alcohol and drug counselor. (“E” expires 2/21/2016)
201 KAR 35:080. Voluntary inactive status.
201 KAR 35:090 & E. Appeal from a denial of or refusal to renew or reinstate a registration, certificate, or license, or denial of continuing education hours by the board. (“E” expires 2/21/2016)
Board of Licensed Diabetes Educators
Board
201 KAR 45:110. Supervision and work experience. (Not Amended After Comments)
TOURISM, ARTS AND HERITAGE CABINET
Department of Fish and Wildlife Resources
Fish
301 KAR 1:161. Repeal of 301 KAR 1:160.
301 KAR 1:410. Taking of fish by nontraditional fishing methods.
Game
301 KAR 2:225 & E. Dove, wood duck, teal, and other migratory game bird hunting. (“E” expires 2/17/2016)
GENERAL GOVERNMENT
Department of Agriculture
Office of Consumer and Environmental Protection
Division of Environmental Services
Structural Pest Control
302 KAR 29:010. Definitions for 302 KAR Chapter 29.
302 KAR 29:020. General provisions for structural pest control.
302 KAR 29:040. Settlement proceedings.
302 KAR 29:050. Commercial structural pest control and fumigation.
302 KAR 29:060. Certification.
CABINET FOR ECONOMIC DEVELOPMENT
Economic Development Finance Authority
Authority
307 KAR 1:005. Applications for Kentucky Incentive Programs. (Deferred from October)
ENERGY AND ENVIRONMENT CABINET
Department for Environmental Protection
Division for Air Quality
New Source Standards
401 KAR 59:174. Stage II controls at gasoline dispensing facilities.
JUSTICE AND PUBLIC SAFETY CABINET
Department of Corrections
Office of the Secretary
501 KAR 6:050. Luther Luckett Correctional Complex. (Amended After Comments)
Department of Juvenile Justice
Child Welfare
505 KAR 1:100 & E. Department of Juvenile Justice Policies and Procedures: admissions. (“E” expires 1/27/2016)(Amended After Comments)
505 KAR 1:110 & E. Department of Juvenile Justice Policy and Procedures Manual: program services. (“E” expires 1/27/2016)(Amended After Comments)
505 KAR 1:130 & E. Department of Juvenile Justice Policies and Procedures: juvenile services in community. (“E” expires 1/27/2016)(Amended After Comments)
TRANSPORTATION CABINET
Department of Vehicle Regulation
Division of Motor Carriers
Motor Carriers
601 KAR 1:113 & E. Transportation network company. (“E” Expires 2/3/2016) (Amended After Comments)
Division of Driver Licensing
Administration
601 KAR 2:030 & E. Ignition interlock. (“E” expires 2/28/2016)
EDUCATION AND WORKFORCE DEVELOPMENT CABINET
Board of Education
Department of Education
General Admission
702 KAR 1:170. School district data security and breach procedures. (Deferred from October)
EASTERN KENTUCKY UNIVERSITY
Board of Regents
775 KAR 1:070. Capital construction procedures.
LABOR CABINET
Department of Workers’ Claims
Workers’ Claims
803 KAR 25:185. Procedure for e-mail notification of cancellation or removal of location of specific workers’ compensation coverage.
PUBLIC PROTECTION CABINET
Department of Alcoholic Beverage Control
Licensing
804 KAR 4:015 & E. Interlocking substantial interest between licensees prohibited. (“E” expires 1/19/2016)(Amended After Comments)
Local Administrators
804 KAR 10:031. Local government regulatory license fees.
Horse Racing Commission
Thoroughbred Racing
810 KAR 1:018. Medication; testing procedures; prohibited practices.
810 KAR 1:028. Disciplinary measures and penalties.
810 KAR 1:040. Drug, medication, and substance classification schedule and withdrawal guidelines.
Harness Racing
811 KAR 1:090. Medication; testing procedures; prohibited practices.
811 KAR 1:093. Drug, medication, and substance classification schedule and withdrawal guidelines.
811 KAR 1:095. Disciplinary measures and penalties.
Quarter Horse, Appaloosa and Arabian Racing
811 KAR 2:093. Drug, medication, and substance classification schedule and withdrawal guidelines.
811 KAR 2:096. Medication; testing procedures; prohibited practices.
811 KAR 2:100. Disciplinary measures and penalties.
Department of Charitable Gaming
Charitable Gaming
820 KAR 1:005. Exempt Organizations. (Deferred from October)
820 KAR 1:015. Issuance of annual license for a charitable organization. (Deferred from October)
820 KAR 1:016. Distributor and manufacturer licensees. (Deferred from October)
820 KAR 1:017. Licensing inspections. (Deferred from October)
820 KAR 1:025. Financial reports of a licensed charitable organization. (Deferred from October)
820 KAR 1:027. Quarterly reports of a licensed distributor and a licensed manufacturer. (Amended After Comments)
820 KAR 1:029. Facility licensees. (Deferred from October)
820 KAR 1:034. Pulltab dispenser construction and use. (Deferred from October)
820 KAR 1:036. Pulltab rules of play. (Deferred from October)
820 KAR 1:044. Bingo equipment. (Not Amended After Comments)
820 KAR 1:046. Bingo rules of play. (Deferred from October)
820 KAR 1:050. Raffle standards. (Deferred from October)
820 KAR 1:055. Charity fundraising event standards. (Deferred from October)
820 KAR 1:056. Special limited charity fundraising event standards. (Deferred from October)
820 KAR 1:057. Accurate records. (Deferred from October)
820 KAR 1:058. Gaming occasion records. (Deferred from October)
820 KAR 1:120. Allowable expenses. (Deferred from October)
820 KAR 1:125. Gaming inspections. (Deferred from October)
820 KAR 1:130. Administrative actions. (Deferred from October)
CABINET FOR HEALTH AND FAMILY SERVICES
Office of Health Policy
Certificate of Need
900 KAR 6:055. Certificate of need forms. (Amended After Comments)
900 KAR 6:070. Certificate of need considerations for formal review. (Not Amended After Comments)
900 KAR 6:075. Certificate of need nonsubstantive review. (Not Amended After Comments)
900 KAR 6:090. Certificate of need filing, hearing, and show cause hearing. (Not Amended After Comments)
Office of Inspector General
Division of Health Care
Health Services and Facilities
902 KAR 20:091. Facilities specifications, operation and services; community mental health center. (Amended After Comments)(Deferred from May)
902 KAR 20:180. Psychiatric hospitals; operation and services. (Deferred from June)
902 KAR 20:200. Tuberculosis (TB) testing for residents in long-term care settings.
902 KAR 20:205. Tuberculosis (TB) testing for health care workers.
Department for Medicaid Services
Division of Policy and Operations
Medicaid Services
907 KAR 1:026. Dental services’ coverage provisions and requirements. (Amended After Comments) (Deferred from October)
Division of Community Alternatives
Medicaid Services
907 KAR 1:045 (&
E). Reimbursement provisions and requirements regarding community mental
health center services. (“E” expired 8/1/2015)(Not Amended After
Comments)(Deferred from May)
Division of Policy and Operations
Medicaid Services
907 KAR 1:046. Community mental health center primary care services. (Amended After Comments)(Deferred from May)
Division of Community Alternatives
Medicaid Services
907 KAR 1:595. Model Waiver II service coverage and reimbursement policies and requirements. (Deferred from October)
907 KAR 1:626. Reimbursement of dental services. (Amended After Comments) (Deferred from October)
Division of Policy and Operations
Hospital Service Coverage and Reimbursement
907 KAR 10:020. Coverage provisions and requirement regarding outpatient psychiatric hospital services. (Amended After Comments) (Deferred from August)
907 KAR 10:025. Reimbursement provisions and requirements regarding outpatient psychiatric hospital services. (Not Amended After Comments.) (Deferred from August)
Department for Aging and Independent Living
Division of Quality Living
Aging Services
910 KAR 1:240. Certification of assisted-living communities. (Amended After Comments)
REMOVED FROM THE AGENDA
GENERAL GOVERNMENT CABINET
Board of Examiners of Psychology
Board
201 KAR 26:115.
Psychological testing. (Expired 10/15/2015, SOC not filed)
Board of Licensed Professional Counselors
Board
201 KAR 36:030. Continuing education requirement. (Comments Received, SOC ext.)
ENERGY AND ENVIRONMENT CABINET
Department for Environmental Protection
Division of Water
Water Quality Standards
401 KAR 10:026. Designation of uses of surface waters. (Comments Received)
401 KAR 10:029. General provisions. (Comments Received)
401 KAR 10:030. Antidegradation policy implementation methodology. (Comments Received)
401 KAR 10:031. Surface water standards. (Comments Received)
PUBLIC PROTECTION CABINET
Department of Charitable Gaming
Charitable Gaming
820 KAR 1:044. Bingo equipment. (Not Amended After Comments) (Deferred from November)
CABINET FOR HEALTH AND FAMILY SERVICES
Office of Inspector General
Division of Health Care
Health Services and Facilities
902 KAR 20:260. Special health clinics. (Comments Received, SOC ext.)
Department for Medicaid Services
Division of Community Alternatives
Medicaid Services (Donna)
907 KAR 1:835. Michelle P. waiver services and reimbursements. (Comments Received, SOC ext.)
Payment and Services
907 KAR 3:090. Acquired brain injury waiver services. (Comments Received, SOC ext.)
907 KAR 3:210. Acquired brain injury long-term care waiver services and reimbursement. (Comments Received, SOC ext.)
Division of Community Alternatives
Supports for Community Living Waiver
907 KAR 12:010. New Supports for Community Living Waiver Service and coverage policies. (Comments Received, SOC ext.)
907 KAR 12:020. Reimbursement for New Supports for Community Living Waiver Services. (Comments Received, SOC ext.)