NC Register Volume 21 Issue 09 - Office of Administrative Hearings

RULES REVIEW COMMISSION
APPROVAL OF MINUTES
The meeting was called to order at 10:10 a.m. with Chairman Hayman presiding.
Chairman Hayman asked for any discussion, comments, or corrections concerning the minutes of the September 21, 2006 meetings.
The minutes were approved as written.
FOLLOW-UP MATTERS
10A NCAC 13J .0903 & .1110: Medical Care Commission – The Commission approved the rewritten rules submitted by the agency.
15A NCAC 13B .0533, .0534, & .0536: Commission for Health Services – The Commission approved the rewritten rules submitted
by the agency.
21 NCAC 14J .0502: Cosmetic Art Examiners - The Commission did not receive any response from the agency therefore no action
was taken.
23 NCAC 3A .0113: Board of Community Colleges - The Commission did not receive any response from the agency therefore no
action was taken.
25 NCAC 01I .2404: State Personnel Commission – The Commission approved this rule after receiving an explanation for
“substantial equivalency” from Drake Maynard.
LOG OF FILINGS
Chairman Hayman presided over the review of the log of permanent rules. All rules were approved unanimously with the following
exceptions:
Fire Code 903.2.7 Item B-3: Building Code Council – The Commission approved this rule; however, at least 10 letters were received
requesting legislative review.
Commissioner Gray did not vote nor participate in any discussion concerning the Private Protective Services Board rule.
12 NCAC 11 .0201: Alarm Systems Licensing Board – The Commission objected to the rule due to ambiguity. In (b), it is not clear
what other proof is acceptable evidence of high school graduation. The objection applies to existing language in the rule.
21 NCAC 48G .0601: Physical Therapy Examiners - The Commission objected to the rule due to ambiguity. In (a)(18), page 2 lines
1 and 2, the rule forbids licensees from “engaging in any activities, advances, or comments of a sexual nature” with “any person with
whom the licensee interacts in practicing physical therapy.” It is unclear what persons the licensee is forbidden to engage in those
activities with. It is also unclear what constitutes interaction within the meaning of this rule. It is unclear whether “interacts” means
playing a direct role with the licensee in the providing of physical therapy or whether the person plays any role at all but in some other
undetermined way “interacts” with the licensee.
TEMPORARY RULES
Chairman Hayman presided over the review of the log of temporary rules. All rules were approved unanimously.
COMMISSION PROCEDURES AND OTHER BUSINESS
Mr. DeLuca and Mr. Bryan updated the Commission on the status of the Pharmacy Board lawsuit and the arguments before the N.C.
Supreme Court the previous day.
The meeting adjourned at 11:39 a.m.
The next scheduled meeting of the Commission is Thursday, November 16, 2006 at 10:00 a.m.
Respectfully submitted,
Lisa Johnson
21:09 NORTH CAROLINA REGISTER NOVEMBER 1, 2006
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