Idaho Rules & Regs. for October

Idaho Legislature sent this bulletin at 10/09/2018 08:01 PM MDT

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October 2018 Administrative Rules Regulations & Fees

Representative Heather Scott - District 1

Who really controls Idaho and what can we do about it?

The Deep State is generally thought of as those behind-the-scene players who are dictating policies, politics and government in general. Money and cronyism are big drivers of these puppet masters, but power, corruption and control are all also well entrenched in the mix. The Deep State constantly is trying to manipulate and control you the voter and the elected officials you put in office. It rarely has a face and often operates out of the public eye, but its effects are felt every day by millions of Americans and its influence is growing in every aspect of our lives. Idaho is not immune.

Every month the Idaho administrative rules are released. Idaho is one of only a handful of states that take into consideration the voice of the citizens. Please do not neglect your duty as a citizen to provide input. Three or four comments on a bad rule sometimes can shed light on what is really going on. Once the rule is approved, your opportunity to comment is over, and it will take legislation to reverse!

Here is the link for the entire October bulletin.

https://adminrules.idaho.gov/bulletin/2018/10.pdf

Below is a brief summary of topics you might find valuable to provide input on. At the end of the summary is a simple guide on how to comment.

Remember, once approved, these rules will have the full force of law. Now is your opportunity to provide input.

DEPARTMENT OF AGRICULTURE

Rules Governing Dairy Byproduct..........20

DIVISION OF BUILDING SAFETY

Rules Concerning Idaho State Plumbing Code.....21
Rules of Building Safety.........22
Rules of the Public Works Contractors License Board.....34
Rules Governing Installation of Heating, Ventilation, and Air Conditioning Systems .....35

STATE BOARD OF EDUCATION

Residency.............36
Rules Governing the Opportunity Scholarship Program- requirements for awards are lowered...........39
Rules Governing Uniformity- Certification now includes “assurance of highly and uniquely” qualified.......45
Docket No. 08-0202-1803 Notice of Rulemaking – Proposed Rule......52
Docket No. 08-0202-1804 Notice of Rulemaking – Proposed Rule .............69
Career Technical Education Occupational Specialist endorsements........71
Rules Governing Thoroughness
Minimum credit requirement for grade 12 mathematics.........87
Career Technical Education - categories, subcategories and content.................93
Rules Governing Seed and Plant Certification...........97

BOARD OF PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS

Rules of Procedure- A B.S. engineering degree from an accredited U.K. university is unconditionally approved...100
Rules of Professional Responsibility-~ A monument that represents a material discrepancy with another monument will require Board and Landowner notification........105

IDAHO STATE POLICE: IDAHO BRAND BOARD

Rules of the Idaho State Brand Board- increasing cattle brand inspection fees....106

IDAHO FISH AND GAME COMMISSION

Rules Governing the Taking of Upland Game Animals......110
Rules Governing the Taking of Big Game Animals in the State of Idaho
Exclude any moose, bighorn sheep, mountain goat, or grizzly bear controlled hunt tag drawn by a parent or grandparent from designation to their child or grandchild.........111
Seniors 65+ and Disabled be eligible to participate in any second application period for youth only controlled hunts................118
air powered guns for big game hunt........125
be changed to not allow mail as a method to submit regular controlled hunt applications............129

Rules Governing the Taking of Game Birds in the State of Idaho...........136
Rules to adopt Landowner Permission Hunt (LPH) seasons for turkeys....137
Rules Governing the Importation, Possession, Release, Sale, or Salvage of Wildlife
Adopted to proactively reduce transmission risk of CWD into Idaho..141
The Trapping of Predatory and Unprotected Wildlife and the Taking of Furbearing Animals
Furbearing trap distance from public trails that are paved or unpaved.....................145
Rules Governing the Use of Bait and Trapping for Taking Big Game Animals- Grey wolf trap distance from public trails that are paved or unpaved..148

DEPARTMENT OF HEALTH AND WELFARE

Rules of the Idaho Time Sensitive Emergency System Council...............151
Rules of the Idaho Emergency Medical Services (EMS)
Physician Commission......155
Rules Governing Child Support Services
Docket No. 16-0303-1801 (Fee Rule) ~ The annual federal fee increases from $25 to $35 and amount of when a fee is imposed is being increased to $550.............157
Rules Governing the Food Stamp Program in Idaho-.........159
Rules Governing the Temporary Assistance for Families in Idaho (TAFI) Program-..........169
Medicaid Basic Plan Benefits
Rules would only apply to those Critical Access Hospitals, who do not have a skilled nursing facility within 35 miles of their facility, and have been approved by Medicare to offer swing-beds.......175
Laboratory test rules needed for Department (Medicaid) lab coverage.......185
The value-based model through the existing Healthy Connections Program.........188
Changes to the Medicaid Pharmacy program rules...191
Implementation processes to improve the Non-Emergency Medical Transportation (NEMT) program.......205
Changes align definitions for Community Based Rehabilitation Services (CBRS) in schools and in the community..207
Docket No. 16-0309-1810Notice of Rulemaking – Proposed Rule ..219
Medicaid Enhanced Plan Benefits ~ Termination of enrollment when a participant no longer meets Home and Community Based Services (HCBS) eligibility criteria.
Notice of Rulemaking – Temporary and Proposed Rule....222
Rules of the Idaho Council on Domestic Violence and Victim Assistance Grant Funding
Docket No. 16-0504-1801Notice of Rulemaking – Proposed Rule ......225
16.05.06 – Criminal History and Background Checks
Docket No. 16-0506-1801Notice of Rulemaking – Adoption of Pending Rule and Amendment to Temporary Rule..........227

IDAHO INDUSTRIAL COMMISSION

Employers’ Reports ~ Electronic Data Interchange (EDI) filing requirements..........230
Procedures to Obtain Compensation....233
Administrative Rules of the Industrial Commission Under the Workers’ Compensation Law – Security for Compensation – Insurance Carriers..........237
Docket No. 17-0210-1802.......................241
Administrative Rules of the Industrial Commission Under the Workers’Compensation Law – Security for Compensation – Self-Insured Employers............249
Docket No. 17-0211-1802 Notice of Rulemaking – Proposed Rule …253

IDAHO DEPARTMENT OF INSURANCE

Individual Disability and Group Supplemental Disability Insurance Minimum Standards Rule
Rule seeks to revise language related to exclusions for hearing aids so that hearing loss interventions will be covered with certain parameters.
Notice of Rulemaking – Proposed Rule ...........260
Rule to Implement the NAIC Medicare Supplement Insurance Minimum Standards Model Act
~ The Department would like to extend the open enrollment period to allow a Medicare beneficiary who was under the age of 65 to buy a Medicare supplement policy.
Notice of Rulemaking – Adoption of Temporary Rule.........263
Rules Governing Small Employer Health Insurance Availability Act Plan Design
Rule seeks to revise language related to exclusions for children hearing aids so that hearing loss interventions will be covered, within certain parameters.
Notice of Rulemaking – Proposed Rule ..........265

BUREAU OF OCCUPATIONAL LICENSES

Rules of the State Board of Chiropractic Physicians...........269
Rules of the Board of Drinking Water and Wastewater Professionals~ Apprenticeship programs.........275
Rules for the Licensure of Occupational Therapists and Occupational Therapy Assistants..........284
Rules of the State Board of Morticians.............294
Rules of the Board of Examiners of Nursing Home Administrators.............296
Rules of the State Board of Podiatry................299
Rules of the Idaho State Board of Psychologist Examiners- The EPPP, a national competency examination for licensure.....302
Fee Rule ~ The rule establishes standards of practice for prescriptive authority and collaboration between the prescribing psychologist and a patient’s licensed medical provider...304
Rules Governing the Physical Therapy Licensure Board
Rules to implement the practice of dry needling..............317
Rules of the State Board of Social Work Examiners to increase portability for individuals moving to Idaho...323
Rules of the Idaho Licensing Board of Professional Counselors and Marriage and Family Therapists
Rule ~ to increase portability for individuals moving to Idaho.........326
Rules of the State Board of Acupuncture~ Requirements and qualifications for an acupuncture trainee permit …332
Rules of the Real Estate Appraiser Board (Fee Rule) ~ The proposed rule lowers fees.........336
Rules of the Board of Examiners of Residential Care Facility Administrators-Rule will eliminate a barrier to licensure.......338
Rules of the Idaho Driving Businesses Licensure Board Changes will reduce regulation, provide flexibility to licensees and applicants, and eliminate barriers to employment.....340
Rules of the Idaho Board of Midwifery- Clarify current cardiopulmonary resuscitation certification for licensure renewal....345
Rules of the Barber and Cosmetology Services Licensing Board (New Chapter, Fee Rule).....349

DEPARTMENT OF PARKS AND RECREATION

Rules Governing the Administration of Temporary Permits on Lands Owned by the Idaho Department of Parks and Recreation.....376
Rules Governing the Administration of Park and Recreation Areas and Facilities...377
Rules Governing Filming Within Idaho State Parks........378

BOARD OF PHARMACY

General Provisions...........379
Rules Governing Licensure and Registration- (Fee Rule) ~ Durable Medical Equipment (DME) updates…, rule also eliminates the Multistate Pharmacy Jurisprudence Exam (MPJE) as a precondition to pharmacist licensure, nonresident pharmacist registration is being increased from $250 to $290.........385
Rules Governing Pharmacy Practice.....390
(FDA) approved Epidiolex (cannabidiol – CBD) oral solution for the treatment of seizures associated with two rare and severe forms of epilepsy. On September 27, 2018, the U.S. Drug Enforcement Administration (DEA) made a scheduling determination that removes this specific drug product from Schedule I of the Controlled Substances Act and places it in Schedule V. This temporary rule ensures conformity between federal law and Idaho law. As a result, Epidiolex can be prescribed and dispensed to patients in accordance with the other provisions of the Controlled Substances Act..........400
Rules Governing Pharmacist Prescriptive Authority..........402
Rules Governing Drug Compounding................405
Rules Governing DME, Manufacturing, and Distribution Chapter Repeal)....409

DEPARTMENT OF COMMERCE

Rules of the Idaho Regional Travel and Convention Grant Program.......411

IDAHO POTATO COMMISSION

Rules Governing Nominations for Appointment as a Commissioner to the Idaho Potato Commission- Clarifying our nominating procedures..........415

IDAHO PUBLIC UTILITIES COMMISSION

Safety and Accident Reporting Rules for Utilities Regulated by the Idaho Public Utilities Commission
National Electric Safety Code (“NESC”). The proposed rule would adopt the 2017 Edition of the NESC......419
Railroad Safety and Accident Reporting Rules..........421

STATE TAX COMMISSION

Income Tax Administrative Rules.................423
Idaho Sales and Use Tax Administrative Rules.......426
Rule 018 – conditions out-of-state retailers making sales to customers located in this state are retailers engaged in business in this state.
Rule 041 – extending exemption to the use of food or beverages donated to individuals or nonprofit organizations. Rule 106 – The Commission would like to look at making a change to the current NADA standard, “Clean Retail Value.”....432
Property Tax Administrative Rules.....450
Tax Commission Administration and Enforcement Rules.........451

DEPARTMENT OF ADMINISTRATION

Rules of the Division of Purchasing.......454

IDAHO TRANSPORTATION DEPARTMENT

Rules Governing Definitions Regarding Overlegal Permits........465
Rules Governing Definitions Regarding Special Permits.....466
Rules Governing Movement of Disabled Vehicles..............472
Rules Governing Special Permits – General Conditions and Requirements.....476
Rules Governing Movement of Disabled Vehicles.....488
Rules Governing Special Permits – Overweight Non-Reducible......489
Rule Governing Variable Load Suspension Axles.......498
Rules Governing Special Permits – Oversize Non-Reducible......499
Rules Governing Allowable Vehicle Size (Chapter Repeal)........511
Rules Governing Special Permits for Extra-Length/Excess Weight, Up to 129,000 Pound Vehicle Combinations..512
Rules Governing Restricted Routes for Semitrailers............519
Rules Governing Special Permits for Reducible Loads.............520
Rules Governing Self-Propelled Snowplows...........523
Rules Governing Overlegal Permits –General Conditions and Requirements......526
Rules Governing When an Overlegal Permit is Required........527
Rules Governing Overlegal Permittee Responsibility and Travel Restrictions...........528
Rules Governing Safety Requirements of Overlegal Permits.........529
Rules Governing Overweight Permits.........530
Rules Governing Policy During Spring Breakup Season.........531
Rules Governing Excess Weight Permits for Reducible Loads
Docket No. 39-0315-1801 (Chapter Repeal).........532
Rules Governing Oversize Permits for Non-Reducible Vehicles and/or Loads....533
Rules Governing Permits for Manufactured Homes, Modular Buildings, and Office Trailers..534
Rules Governing Overlegal Permits for Relocation of Buildings or Houses....535
Rules Governing Annual Overlegal Permits......536
Rules Governing Application for Special Permits-.......537
Rules Governing Overlegal Permit Fees-.......538
Rules Governing Overlegal Permits for Extra-Length, Excess Weight, and Up to 129,000 Pound Vehicle Combinations.............539
Rules Governing Revocation of Overlegal Permits........540
Rules Governing Self-Propelled Snowplows.....541
Rules Governing Lights on Snow Removal Equipment....542

DIVISION OF VOCATIONAL REHABILITATION

Rules and Minimum Standards Governing Extended Employment Services................543

CERTIFIED SHORTHAND REPORTERS BOARD

Rules of Procedure of the Idaho Certified Shorthand Reporters Board.....552

DIVISION OF CAREER TECHNICAL EDUCATION

Rules of Career Technical Schools ~ The proposed amendments would move career technical school funding from a model based on student average daily attendance and support units to one based on the number of students enrolled in a capstone course during the previous academic year and the number of students completing a technical skills assessment for the program in which the student was enrolled......554

DEPARTMENT OF ENVIRONMENTAL QUALITY

Salt River Watershed Assessment and Total Maximum Daily Load (TMDL): ..558

PUBLIC EMPLOYEES RETIREMENT SYSTEM OF IDAHO

PERSI Retirement Rules Sick leave and unused sick leave......559

IDAHO STATE SOIL AND WATER CONSERVATION COMMISSION

Resource Conservation and Rangeland Development Program....561

STATE PUBLIC DEFENSE COMMISSION

Rules Governing Procedures and Forms for the Application and Disbursement of Indigent Defense Grants (New Chapter) ~ Rule sets forth the process and requirements for counties to apply for these funds..........572

*END OF SUMMARY**

Here is the link for the entire October bulletin.

https://adminrules.idaho.gov/bulletin/2018/10.pdf

I have been asked by citizens to try to make commenting simpler. The Deep State likes things the way they are. Below I have set up some simple steps from last month's bulletin to show you an example of how you can comment on a rule.

Go to this link or search the internet for Idaho Administrative Rules. Click the Bulletin tab on the left for Bulletins. Bulletins are released the first Wednesday of each month. https://adminrules.idaho.gov/

Click on bulletin on the top of the page. This is the most recent.

Look at the table of content and see if anything catches your attention. This table of content is what I summarize in my monthly newsletters. If something catches your eye, click on the item and it will take you to the

DESCRIPTIVE SUMMARY. Read it!

To comment or not? That is the question!

Below is a example from September's bulletin. The Health and Welfare Department (and probably big PHARMA) wants to require all Seniors in high school to be vaccinated for Meningitis. Meningitis is extremely rare in Idaho. In 2017 only one male was infected. I believe this rule is government overreach and treats high school seniors like guinea pigs for pharmaceutical corporations, so I make the decision to comment.

I have a few different options on how to comment:.

A PUBLIC HEARING NEAR BOISE is an option for testifying in front of the Health and Welfare Department. (That would be a 9 hour drive for me to testify! No wonder Ada County controls the state decision making!). Sometimes agencies offer to come to your community to make a presentation, but only if you have a signature signed with 25 other residents.

Submitting written comments by mail or email is faster and more convenient. .

DO NOTHING and continue to allow unelected bureaucrats and lobbyists run this state. Remember, administrative rules is how COMMON CORE came into our state. A few months ago, administrative rules (Health & Welfare Department) created a rule to allow TRANSGENDER PEOPLE TO CHANGE THEIR CERTIFICATE OF LIVE BIRTH WITH NO TRACE OF THE CHANGE. This puts all legal documents in jeopardy!