february 6, 2014 - nh general court

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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 TOO Access: Fax (603) 271-7871 Website: www.gencourt.state.nh.us/rules/index.html Relay NH 1-800-735-2964 1. VOLUME XXXIV, Number 6, February 6, 2014 TABLE OF CONTENTS OFFICE OF LEGISLATIVE SERVICES Page No. a. b. c. List of Notices of Proposed Rules NN 2014-9 through NN 2014-14 Notices of Proposed Rules Draft Final Proposed Rules Public Comment Period for: DEPARTMENT OF ENVIRONMENTAL SERVICES NN 2013-170 - 2013-178 - All Rules in Env-Sw except Env-Sw 1900 & Env-Sw 2100 Solid Waste Rules NOTE: POSSIBLE RULE EXTENSION -}- 1 14 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 (JLCAR) CONTINUED MEETING: Friday, February 7, 2014 9:00 a.m. Rooms 305/307, Legislative Office Building REGULAR MEETING: Friday, February 21, 2014 9:00 a.m. Rooms 305/307, Legislative Office Building JLCAR MEETING DATES AND RELATED FILING DEADLINES FEBRUARY-JUNE, 2014 The JLCAR has voted to hold its regularly scheduled meetings for February through June, 2014 on the third Friday of the month except for April 25 th as 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 Fridays to address items postponed from the prior regular meetings. Regular Meeting Regular Meeting Continued Meeting Filing Deadline Date Date January 3 January 17 February 7 February 7 February 21 March 7 March 7 March 21 April 4 April 11 April2S May 2 May 2 May 16 June 6 June 6 June 20 June 27

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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 TOO Access:

Fax (603) 271-7871 Website: www.gencourt.state.nh.us/rules/index.html Relay NH 1-800-735-2964

1.

VOLUME XXXIV, Number 6, February 6, 2014

TABLE OF CONTENTS

OFFICE OF LEGISLATIVE SERVICES Page No.

a.

b.

c.

List of Notices of Proposed Rules NN 2014-9 through NN 2014-14

Notices of Proposed Rules

Draft Final Proposed Rules Public Comment Period for: DEPARTMENT OF ENVIRONMENTAL SERVICES NN 2013-170 - 2013-178 - All Rules in Env-Sw except Env-Sw 1900 & Env-Sw 2100 Solid Waste Rules

NOTE: POSSIBLE RULE EXTENSION

-}-

1

14

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 (JLCAR)

CONTINUED MEETING: Friday, February 7, 2014 9:00 a.m. Rooms 305/307, Legislative Office Building

REGULAR MEETING: Friday, February 21, 2014 9:00 a.m. Rooms 305/307, Legislative Office Building

JLCAR MEETING DATES AND RELATED FILING DEADLINES FEBRUARY-JUNE, 2014

The JLCAR has voted to hold its regularly scheduled meetings for February through June, 2014 on the third Friday of the month except for April 25 th as 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 Fridays to address items postponed from the prior regular meetings.

Regular Meeting Regular Meeting Continued Meeting Filing Deadline Date Date

January 3 January 17 February 7

February 7 February 21 March 7

March 7 March 21 April 4

April 11 April2S May 2

May 2 May 16 June 6

June 6 June 20 June 27

NEW HAMPSHIRE RULEMAKING REGISTER

Nolice Number

2014-9

2014-10

2014-11

2014-12

2014-13

2014-14

Notices of Proposed Rules

Rule Number Agency and Short Title of Rule

Saf-C 5902.07 (1) & Department of Safety, Commissioner (m) Staffing Emergency Medical Services Vehicles When

Transporting Neonatal Patients.

Rev 1800 Department of Revenue Administration Conservation Rules.

Mhp 200 Board of Mental Health Practice Practice and Procedure.

Mhp 300 Board of Mental Health Practice License Requirements, Applications and Fees.

Mhp 400 Board of Mental Health Practice License Renewal, Continuing Education, Collaboration and Reinstatement.

Mhp 500 Board of Mental Health Practice Ethical and Professional Standards, Responsibilities of Licensees.

JLCAR MEETING DATES AND RELATED FILING DEADLINES JULY·DECEMBER, 2014

Page No.

1

3

6

8

10

12

The JLCAR has voted to hold its regularly scheduled monthly meetings for July through December, 2014 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

July 3 July 17 August 7

August 7 August 21 September 4

September 4 September 18 October 2

October 2 October 16 November 6

November 6 November 20 December 4

December 4 December 18 None

-1-

NEW HAMPSHIRE RULEMAKING REGISTER February 6, 2014 Page 1

Notice Number 2014-9

1. Agency Name & Address:

Department of Safety 33 Hazen Drive Concord, NH 03305

Rule Number

2. RSA Authority:

3. Federal Authority:

4. Type of Action:

Adoption

Saf-C 5902.07(1) and (m)

RSA 21-P:14,II(cc); RSA 153-A:20, I, and III

N/A

Amendment X

Repeal

Readoption

Readoption w/amendment

5. Short Title: Staffing Emergency Medical Services Vehicles When Transporting Neonatal Patients

6. (a) Summary of what the lUle says and of any proposed amendments: The proposed rules constitute exceptions to certain staffing requirements in emergency medical services vehicles when they transport neonatal patients. Whereas existing Saf-C 5902.07(b) requires two emergency medical care providers to staff emergency medical services land or water vehicles, the proposed Saf-C 5902.07(1) would allow interfacility transport of neonatal patients in such vehicles when staffed by only one emergency medical care provider. Whereas existing Saf-C 5902.07(j) requires one emergency medical care provider to staff emergency medical services air medical transport vehicles, the proposed Saf-C 5902.07(m) would eliminate that requirement for interfacility transport of neonatal patients in such vehicles. The staffing reductions reflected in these rules would apply only when a neonatal patient is being cared for by a neonatal critical care transport team.

6. (b) Brief description of the groups affected: These rules affect neonatal patients during interfacility transport via emergency medical services land vehicles, water vehicles and air medical transport vehicles and their parents; emergency medical services units; emergency medical services providers; hospitals; and the Department of Safety, Division of Fire Standards and Training and Emergency Medical Services.

6. (c) Specific section or sections of state statute or federal statute or regulation which the lUle is intended to implement:

Saf-C 5902.07(1) & 5902.07(m) RSA 153-A:l1, II

NEW HAMPSHIRE RULEMAKING REGISTER February 6, 2014 Page 2

NN 2014-9 Continued

7. Contact person for copies and questions including requests to accommodate persons with disabilities:

Name: David M. Hilts Title: Attorney

Address: 33 Hazen Drive Concord NH 03305

Phone #: 227-4032

Fax#: 271-0336

E-mail: [email protected]

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: Tuesday, March 6, 2014

~Fax ~E-mail DOther format (specify):

9. Public hearing scheduled for:

Date and Time: Thursday, February 27, 2014 at 2:00PM

Place: Second Floor Conference Room Department of Sa,fety 33 Hazen Drive Concord, NH 03305

10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant)

FIS # 14:006 , dated January 21, 2014

1. Comparison of the costs of the proposed r.ule(s) to the e:xisting 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 fuods; No feqeral mand~te, no impact on stat!;! funds.

3, Cost and benefits of the proposed rule{s)~

A. To State general or state special funds; None.

B. To State citizens and political subdivisions: None. .

C. To independently owned businesses: None. .

11. Statement Relative to Part I, Article 28-a of the N.H. Constitution: The proposal does not create a new program or responsibility. Although the proposal modifies a program or responsibility, it does not modify it in such a way as to mandate or assign this program or responsibility to any political subdivision so as to increase the costs a political subdivision must pay.

NEW HAMPSHIRE RULEMAKING REGISTER February 6, 2014 Page 3

Notice Number 2014-10 Rule Number Rev 1800 -----------------------

1. Agency Name & Address : 2. RSA Authority: RSA 79-B:4, V

New Hampshire Department of Revenue Administration 109 Pleasant Street, PO Box 457 Concord, NH 03302-0457

5. Short Title: Conservation Rules

3. Federal Authority:

4. Type of Action:

Adoption

Amendment

Repeal

Readoption

Readoption w/amendment X

6. (a) Summary of what the rule says and of any proposed amendments:

Rev 1800 is being readopted in its entirety with amendments to comply with the provisions of RSA 541-A, as most of the rule provisions are scheduled to expire on February 14, 2014, but are subject to extension pursuant to RSA S41-A:14-a. Chapter Rev 1800 sets forth the Department's rules for conservation. The rule amendments include various editorial and minor substantive amendments, adding definitions for "department" and "municipal assessing officials" and updated form provisions.

6. (b) Brief description of the groups affected:

Municipalities, landowners and charitable, educational and other non-profit corporations or associations.

NEW HAMPSHIRE RULEMAKING REGISTER February 6, 2014 Page 4

NN 2014-10 Continued

6. (c) Specific section or sections of state statute or federal statute or regulation which the rule is intended to implement:

RULE STATUTE

Rev 1801.01 RSA 79-B:4 V Rev 1801.02 RSA 79-B:4, V Rev 1801 .03 RSA 79-B:4, V Rev 1801.04 RSA 79-B:4, V Rev 1801.05 RSA 79-B:4, V Rev 1801.06 RSA 21-J: 11 , I andlU· RSA 21-J:13 , VI Rev 1801.07 RSA 79-B:4, V Rev 1801.08 RSA 79-B:4, V

Rev 1802.01 RSA 79-B:4, V Rev 1802.02 RSA 79-B:4, V Rev 1802.03 RSA 79-B:4, V

Rev 1803.01 RSA 79-B:4, V Rev 1803.02 RSA 79-B:4, V Rev 1803.03 RSA 79-B:4, V Rev 1803.04 RSA 79-B:4. V Rev 1803.05 RSA 79-B:4, V

Rev 1804.01 RSA 79-B:4, V Rev 1804.02 RSA 79-B:4, V Rev 1804.03 RSA 79-B:4, V Rev 1804.04 RSA 79-B:4, V Rev 1804.05 RSA 79-B:4, V Rev 1804.06 RSA 79-B:4, V

. Rev 1805.01 RSA 79-B:4, V Rev 1805.02 RSA 79-B:4, V Rev 1805.03 RSA 21-J:13 , IV

7. Contact person for copies and questions including requests to accommodate persons with disabilities:

Name:

Address:

Katherine M. de Oliveira 109 Pleasant Street, PO Box 457 Concord, NH 03302-0457

**The rules can also be viewed in PDF at http://www .revenue.nh.gov/laws/proposed

Title: Administrative Secretary

Phone #: 603.230.5027

Fax#: 603.230.5945

E-mail: [email protected]

TTY /TDD Access: Relay NH 1-800-735-2964 or dial 711 (in NH)

NEW HAMPSHIRE RULEMAKING REGISTER February 6, 2014 Page 5

NN 2014-10 Continued

8. Deadline for submission of materials in writing or, if practicable for the agency, in the electronic fonnat specified: 3/6/2014

~Fax ~E-mail DOther format (specify):

9. Public hearing scheduled for:

Date and Time: Thursday, 2/27/2014 @ 9:00am

Place: New Hampshire Department of Revenue Administration Medical and Surgical Building 109 Pleasant Street, 2nd Floor Training Room Concord, NH 03302

***The security procedures at the Department of Revenue Administration require all visitors to sign-in and present photo identification. If you plan on attending the public hearing, please bring photo identification with you. ***

10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant)

FIS # 14:008 , dated ~~~~-----------

1127/2014

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. Any costs are

attributable to RSA 79-B.

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): Any costs or benefit of the proposed rules is attributable to RSA 79-B.

A. To State general or State special funds: None.

B. To State citizens and political subdivisions: None.

C. To independently owned businesses:

None.

11. Statement Relative to Part I, Article 28-a of the N.H. Constitution:

The proposed rule amendment does not mandate fees, or additional local expenditures, on a political subdivision ofthe state and, therefore, does not violate Part I, Article 28-a ofthe NH Constitution.

NEW HAMPSHIRE RULE MAKING REGISTER February 6, 2014 Page 6

Notice Number 2014-11 Rule Number --------------------- Mhp 200

NH Board of Mental Health Practice 121 So Fruit Street Concord, NH 03301

5. Short Title: Practice and Procedure

2. RSA Authority:

3. Federal Authority:

4. Type of Action:

Adoption

Amendment

Repeal

RSA 330-A: 1 0, XVI RSA 541-A:16 I(b)-(d)

Readoption X

Readoption w/amendment X

6. (a) Summary of what the rule says and of any proposed amendments:

These rules provide definitions, practices and procedures regarding appearances before the board, time periods, filing and service of documents, petitions and motions, non-adjudicatory investigations, presiding officer, withdrawal and waiver of rules, rulemaking, public comment hearings, declaratory rulings, waiver of rules and explanation of adopted rules. This readoption and readoption with amendment proposal makes minor changes to the purpose, the definition of corrective action and letter of concern. It also adds requirements for veracity of documents and objections to motions. Various rule amendments include changing "shall" to "may" and include minor edits.

6. (b) Brief description of the groups affected: Persons licensed as pastoral psychotherapists, independent clinical social workers, clinical mental health counselors and marriage and family therapists.

6. (c) Specific section or sections of state statute or federal statute or regulation which the rule is intended to implement:

RULE STATUTE IMPLEMENTED

Mhp 201.01 - 201.02 RSA 330-A:28, RSA 330-A:29 and RSA 541-A:16, I(b) Mhp 202 RSA 541-A:30-a ill(b) Mhp203 RSA 541-A:30-a, m(t) Mhp 204 RSA 541-A:30-a, III(a) Mhp 205.01 - 205.02 RSA 330-A:29 and RSA 541-A:16 I (b) Mhp 206.01 - 206.02 RSA 330-A:28, I Mhp 207 RSA 541-A: 16, I Jb )(2) Mhl' 208 RSA 330-A:29 and RSA 541-A:16, I (b) Mhp 209 RSA 330-A:I0 and RSA 541-A:16, I (b)(3) Mhp 210.01 - 210.02 RSA 541-A:16 I (d) Mhp 210.03 - 210.04 RSA 330-A:28, I Mhp 211.01 · RSA 541-A:16, I Cd) Mhp 211.02 RSA 541-A:16, J(cl Mhp 212 RSA 541-A:22, IV Mhp 213 RSA 541-A:16, led)

NEW HAMPSHIRE RULEMAKING REGISTER February 6, 2014 Page 7

NN 2014-11 Continued

7. Contact person for copies and questions including requests to accommodate persons with disabilities:

Name: Peggy Lynch Title: Administrator

Address: 121 So. Fruit st. Phone #: 603-271-6762 Concord, NH 03301 Fax#: 603-271-3950

E-mail: [email protected]

TIY rrDD 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: April 24, 2014

X Fax X E-mail DOther format (specify):

9. Public hearing scheduled for:

Date and Time: Friday, April 18, 2014 9:00 AM

Place: 121 So. Fruit St., Philbrook Bldg.,Room 119, Concord, NH 03301

10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant)

FIS# 14:001 , dated 01117/14 ------------------

1. Comparlsqn 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 or State special funds: None.

B. To State citizens and political subdiviSions: None.

C. To independently owned business: None.

11 . Statement Relative to Part I, Article 28-a of the N.H. Constitution:

These rules do not mandate or assign any new, modified, or expanded programs or responsibilities to any political subdivision. Therefore, the rules do not violate Part I, Article 28-a of the NH Constitution.

NEW HAMPSHIRE RULEMAKING REGISTER February 6, 2014 Page 8

Notice Number 2014-12 Rule Number Mhp 300 ------------------------

1. Agency Name & Address: 2. RSA Authority: RSA 330-A:I0, 1- V, XV, XIX

Board of Mental Health Practice 121 South Fruit Street Concord, NH 03301

3. Federal Authority:

4. Type of Action:

Adoption

Amendment

Repeal

Readoption

Readoption w/amendment X

5. Short Title: License Requirements, Applications and Fees

6. (a) Summary of what the rule says and of any proposed amendments:

These rules provide the educational, practical, examination and fee requirements to become a licensed pastoral psychotherapist, independent clinical social worker, clinical mental health counselor or marriage and family therapist. The rules also address the application process and the candidate for license process. The readoption with amendment proposal eliminates rules pertaining to psychologists, defines face-to-face supervision, adds qualification requirements for supervisors of candidates for licensure, eliminates the essay exam requirement for applicants and adds a fee for the purchase of an electronic mailing list of names and addresses of licensees.

Changes were made to the following specific licensee categories:

For pastoral psychotherapists, added a residency requirement; For independent clinical social workers, removed a residency requirement; For marriage and family therapists, rdocated a residency requirement from the post-graduate

experience section to coursework section of the rules; and For mental health counselors, clarified the educational requirements of the 60 hour graduate degree,

eliminated allowing applicants with a degree 48 hour degree in mental health counseling to take additional credits and eliminated allowing applicants with a degree in mental health counseling that is less than 48 credits or in a related counseling field to obtain a Certificate of Advances Graduate Studies. A residency requirement was eliminated for those applying for licensed clinical mental health counselor and who have graduated from a program accredited by the Council for Accreditation of Counseling & Related Educational Programs (CACREP).

6. (b) Brief description of the groups affected: Persons licensed as pastoral psychotherapists, independent clinical social workers, clinical mental health counselors and marriage and family therapists.

6. ( c) Specific section or sections of state statute or federal statute or regulation which the rule is intended to implement:

Rule Statute Implemented

Mhp 301.01-301.02 RSA 330-A: 17-22 Mhp 302.01-302.05 RSA 330-A: 17 1- XI Mhp 302.06-302.09 RSA 330-A:18 1- N Mhp 302.10 - 302.13 RSA 330-A:19 I - III Mhp 302.14 - 302.17 RSA 330-A:21 I - III, RSA 330-A: 18, I, II, III Mhp 303 RSA 330-A:12

NEW HAMPSHIRE RULEMAKING REGISTER February 6, 2014 Page 9

NN 2014-12 Continued

7. Contact person for copies and questions including requests to accommodate persons with disabilities:

Name: Peggy Lynch Title: Administrator

Address: 121 South Fruit Street Concord, NH 03301

Phone #: 603-271-6762

Fax#: 603-271-3950

E-mail: [email protected]

TTY/TDD Access: Relay NIl 1-800-735-2964 or dial 711 (in NIl)

8. Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format specified: April 24, 2014

X Fax X E-mail DOther format (specify):

9. Public hearing scheduled for:

Date and Time: Friday, April 18, 2014 9:00 AM

Place: 121 So. Fruit St, Philbrook Bldg, Room 119, Concord, NIl

10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant)

FIS# 14:002 , dated 01117114 -----------------1. Comparison of the costs ofthe proposed rule(s) to the existing rul~s)!

When compareq to.ttie existing rules, the proposed rules will increase state general fund revenue 'a"nd costs to independently owned ~usinesses by approximately

$2,500 per year.

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 or State special funds: The proposed rules add a new fee' of $25 for an electronic mailing list of licensees. The aoard estimates this fee will generate an additional $2,500 in state general fund revenue.

B. To State citizens and political subdivisions: None.

C. To independently owned business: IndependentJyowned businesses such as ~hose offering continuing professional education courses or wish.ing to hire a licensed mental health professional will pay $25 for an eleCtronic mailing list of licensees. Currently there is no charge ..

11. Statement Relative to Part I, Article 28-a of the N.H. Constitution: These rules do not mandate or assign any new, modified, or expanded programs or responsibilities to any political subdivision. Therefore, the rules do not violate Part I, Article 28-a of the NH Constitution.

NEW HAMPSHIRE RULEMAKING REGISTER February 6, 2014 Page 10

Notice Number 2014-13

I. Agency Name & Address:

Board of Mental Health Practice 121 South Fruit Street Concord, NH 03301

Rule Number

2. RSA Authority:

3. Federal Authority:

4. Type of Action:

Adoption

Amendment

Repeal

Readoption

Mhp 400

RSA 330-A:1O, V, XIV, XX

Readoption w/amendment X

5. Short Title: License Renewal, Continuing Education, Collaboration and Reinstatement

6. (a) Summary of what the rule says and of any proposed amendments:

These rules provide licensees with information on continuing education and collaboration requirements needed to renew their license. They summarize the process to put a license on inactive status, activate an inactive license and reinstate a license. This readoption with amendment proposal adds a rule to allow licensees in any reserve component of the armed forces or the national guard called to active duty to request inactive license status, adds additional ways to obtain Category A CEU's, and includes minor edits.

6. (b) Brief description of the groups affected: Licensed Pastoral Psychotherapists, independent clinical social workers, clinical mental health counselors and marriage and family therapists.

6. (c) Specific section or sections of state statute or federal statute or regulation which the rule is intended to implement:

RULE NUMBER STATUTE IMPLEMENTED

Mhp 401 RSA 330-A:31 Mbp 402 RSA 330-A: 10, V Mhp 403 RSA 330-A: 10, XX MJ!Q 404 RSA 330-A:I0, XIV

7. Contact person for copies and questions including requests to accommodate persons with disabilities:

Name: Peggy Lynch

Address: 121 South Fruit Street Concord, NH 03301

Title: Administrator

Phone #: 603-271-6762

Fax#: 603-271-3950

E-mail: [email protected]

TTYITDD Access: Relay NH 1-800-735-2964 or dial 711 (in NH)

NEW HAMPSHIRE RULEMAKING REGISTER February 6, 2014 Page 11

NN 2014-13 Continued

8. Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format specified: April 24, 2014

X Fax X E-mail DOther format (specify):

9. Public hearing scheduled for:

Date and Time: Friday, April 18, 2014 9:00 AM

Place: 121 So Fruit St, Philbrook Bldg, Room 119, Concord, NH

10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant)

FIS # 14:003 , dated 01117/14

1. Comparison of the costs of the proposed rule(8) to the exIsting rul~s): There is no difference in cost when comparing the prop'osed rulesto 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 or State special fonds: None.

B. To state citizens and political subdivisions: None.

C. To if1depe~dentlY owned business: . None.

11. Statement Relative to Part I, Article 28-a of the N.H. Constitution: These rules do not mandate or assign any new, modified, or expanded programs or responsibilities to any political subdivisions. Therefore, the rules do not violate Part I, Article 28-a of the NH Constitution.

NEW HAMPSHIRE RULEMAKING REGISTER February 6, 2014 Page 12

Notice Number 2014-14 ----------~~---------

1. Agency Name & Address:

Board of Mental Health Practice 121 South Fruit Street Concord, NH 03301

Rule Number

2. RSA Authority:

3. Federal Authority:

4. Type of Action:

Adoption

Amendment

Repeal

Readoption

Mhp 500

RSA 330-A: 1 0, Vll - XI, XVI XVill, XXll, XXIIT

Readoption w/amendment X

5. Short Title: Ethical and Professional Standards, Responsibilities of Licensees

6. (a) Summary of what the rule says and of any proposed amendments:

These rules summarize the codes of ethics, mental health bill of rights, responsibilities of licensees, the process of communications of alleged misconduct, complaints, investigations and disciplinary proceedings. This readoption with amendment proposal adds a responsibility for licensees to have a written plan for management of clinical records in case of death, clarifies actions the Board can take on communications of alleged misconduct, adds a rule on monetary sanctions, and contains minor edits.

6. (b) Brief description of the groups affected: Licensed pastoral psychotherapists, independent clinical social workers, clinical mental health counselors and marriage and family therapists.

6. ( c) Specific section or sections of state statute or federal statute or regulation which the rule is intended to implement:

RULE NUMBER STATUTE IMPLEMENTED

Mhp 501.01-502.01 RSA 330-A: 1 0, Vll-X, XVIIT Mhp 502.02 RSA 330-A:I0, XI, XVIIT; RSA 330-A:15 Mhp 503.01 - 503.07 RSA 330-A:28 Mhp 504.01 - 504.13 RSA 330-A:29 and RSA 541-A: 16, I(b) Mhp 505.01 - 505.03 RSA 330-A:29 and RSA 541-A:35 Mhp 505-04 - 505.05 RSA 330-A:27 and RSA 541-A:35

7. Contact person for copies and questions including requests to accommodate persons with disabilities:

Name: Peggy Lynch

Address: 121 South Fruit Street Concord, NH 03301

Title: Administrator

Phone #: 603-271-6762

Fax#: 603-271-3950

E-mail: [email protected]

TTY ITDD Access: Relay NH 1-800-735-2964 or dial 711 (in NH)

NEW HAMPSHIRE RULEMAKING REGISTER February 6, 2014 Page 13

NN 2014-14 Continued

8. Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format specified: April 24, 2014

X Fax X E-mail DOther format (specify):

9. Public hearing scheduled for:

Date and Time: Friday, April 18, 2014 9: AM

Place: 121 South Fruit Street, Philbrook Bldg. Room 119, Concord, NH

10. Fiscal hnpact Statement (Prepared by Legislative Budget Assistant)

FIS # 14:004 , dated ----~~~-------

01117/14

1. Comparison of the costs of the proposed rule(s) to the e~.istlng Tule(s): When compared to the existing rules,. the propo.sed will decrease state expenditures and increase costs to certain citizens by indeterminable amounts.

2. Ctte the Federal man~ate. 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 or state special funds: .. The proposed rules allow the Board to recover expenses incurred by the Board

related to a hearing. and enforcement of discipline from-the licensee who is disciplined .. The Board estimates the benefit to the State general fund will be approximately $1,800 per hearing. The Board is not able to predict the number of hearings that will be held, bu~ states an average of four hearings are held each year.

B. To State citizens and political subdivisions: Citizer:ts who are licensed by the Board and. subject to a disciplinary action may incur the additional co.st to reimburse the Board. There will be no impact on political subdivisions.

C. To independently owned business: None.

11. Statement Relative to Part I, Article 28-a of the N.H. Constitution: These rules do not mandate or assign any new, modified, or expanded programs or responsibilities to any political subdivisions. Therefore, the rules do not violate Part I, Article 28-a of the NH Constitution.

NEW HAMPSHIRE RULEMAKING REGISTER February 6, 2014 Page 14

DRAFT FINAL PROPOSED RULES: PUBLIC COMMENT PERIOD

Notice Numbers 2013-170 throngh 2013-178 Rule Numbers All rules in Env-Sw EXCEPT

Env-Sw 1900 and Env-Sw 2100

1. Agency Name & Address:

NH Department of Environmental Services 29 Hazen Drive P.O. Box 95 Concord, NH 03302-0095

5. Short Title: Solid Waste Rules

2. RSA Authority:

3. Federal Authority:

4. Type of Action:

Adoption

Amendment

Repeal

Readoption

RSA 149-M:7

Readoption wI amendment X

In accordance with RSA 541-A: 11, I( c), public comment is being solicited on draft of final proposed rules in the rulemaking proceeding for which notices first appeared in the Rulemaking Register on October 31, 2013 under Notice Numbers 2013-170, 2013-171. 2013-172,2013-173, 2013-174,2013-175,2013-176,2013-177, and 2013-178.

6. A public hearing on the draft final proposed rules is not being scheduled; persons interested in discussing the proposed rules should contact Mike Guilfoy to arrange a time to talk.

7. The deadline for submission of materials in writing or, if practicable for the agency, in the electronic format specified: 4:00 p.m. on Friday, February 28, 2014

IZIFax IZIE-mail DOther ,format (specify):

8. Contact person for copies of the draft final proposed rules and questions including requests to accommodate persons with disabilities:

Name: Michael Guilfoy, P.E.

Address: NH Dept. of Environmental Services 29 Hazen Drive; P.O. Box 95 Concord, NH 03302-0095

The draft final proposed rules can be viewed in PDF at

Title: Administrator, Solid Waste Bureau

Phone #: (603) 271-6467

Fax#: (603)271-2546

E-mail: [email protected]

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TTYITDD Access: Relay NH 1-800-735-2964 or dial 711 (in NH)