News: Submitted regulations

September 28, 1999

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Published Sep. 15 by the Kentucky Legislative Research Commission

Submitted regulations

FRANKFORT — The following EMS-related notices of intent to promulgate administrative regulations were published Sep. 15 by the Kentucky Legislative Research Commission.

CABINET FOR HEALTH SERVICES
Department for Public Health

September 15, 1999

(1) 902 KAR 55:020. Schedule II substances.

(2) Cabinet for Health Services, Department for Public Health intends to promulgate an administrative regulation governing the subject matter listed above.

(3) A public hearing to receive oral and written comments on the proposed administrative regulation has been scheduled for October 29, 1999 at 9 a.m., in the Cabinet for Health Services Auditorium, Health Services Building, First Floor, 275 East Main Street, Frankfort, Kentucky, 40621.

(4)(a) The public hearing will be held if:

1. It is requested, in writing, by at least 5 persons, or an administrative body, or an association having at least 5 members; and

2. A minimum of 5 persons, or the administrative body or association, agree, in writing, to be present at the public hearing.

(b) If a request for a public hearing, and agreement to attend the public hearing, are not received from the required number of people at least 10 days prior to October 29, 1999, the public hearing will be canceled.

(5)(a) Persons wishing to request a public hearing should mail their written request to the following address: Kevin Devlin, Cabinet Regulation Coordinator, Cabinet for Health Services, Office of the Counsel, 275 East Main Street - 4W-C, Frankfort, Kentucky 40621, phone (502) 564-7905, FAX (502) 564-7573.

(b) On a request for public hearing, a person shall state:

1. "I agree to attend the public hearing."; or

2. "I will not attend the public hearing."

(6)(a) KRS Chapter 13A provides that persons who desire to be informed of the intent of an administrative body to promulgate an administrative regulation governing a specific subject matter may file a request to be informed by the administrative body.

(b) Persons who wish to file this request may obtain a request form from the Administrative Regulation Coordinator, Department for Public Health, Health Services Building, 275 East Main Street, Frankfort, Kentucky 40621.

(c) Note: Requests for Notification and the Notice of Intent to Promulgate shall be made available in another format, upon request, in accordance with the Americans With Disabilities Act. Persons requesting assistance regarding Cabinet for Health Services' regulations may call toll free 1-800-372-2973 (V/TDD).

(7) Information relating to the proposed administrative regulation.

(a) The statutory authority for the promulgation of an administrative regulation relating to 902 KAR 55:020 is KRS 194A.030, 194A.050, 211.090, 218A.020, 218A.060, 218A.250.

(b) The administrative regulation that the Department for Public Health intends to promulgate will amend 902 KAR 5:020 to conform to recently amended federal regulations.

(c) The necessity, function and conformity of the proposed administrative regulation is as follows: KRS 218A.020 authorizes the Cabinet for Health Services to add substances to or delete or reschedule substances enumerated in KRS Chapter 218A. After considering the criteria set forth in KRS 218A.020 and 218A.060, the Cabinet for Health Services designates the substances set forth in this administrative regulation as Schedule II controlled substances.

(d) The benefits expected from administrative regulation are: Conformity with federal regulation.

(e) The administrative regulation will be implemented as follows: By the Division of Adult and Child Health, Department for Public Health, Cabinet for Health Services.

September 15, 1999

(1) 902 KAR 55:025. Schedule III substances.

(2) The Cabinet for Health Services, Department for Public Health intends to promulgate an administrative regulation governing the subject matter listed above.

(3) A public hearing to receive oral and written comments on the proposed administrative regulation has been scheduled for 9 a.m., October 29, 1999, in the Cabinet for Health Services Auditorium, Health Services Building, First Floor, 275 East Main Street, Frankfort, Kentucky.

(4)(a) The public hearing will be held if:

1. It is requested, in writing, by at least 5 persons, or an administrative body, or an association having at least 5 members; and

2. A minimum of 5 persons, or the administrative body or association, agree, in writing, to be present at the public hearing.

(b) On a request for public hearing, a person shall state:

1. "I agree to attend the public hearing."; or

2. "I will not attend the public hearing."

(b) Persons who wish to file this request may obtain a request form by writing the Administrative Regulation Coordinator, Commissioner's Office, Department for Public Health, 275 E. Main Street, Frankfort, Kentucky 40621.

(7) Information relating to the proposed administrative regulation.

(a) The statutory authority for the promulgation of an administrative regulation relating to 902 KAR 55:025 is KRS 194A.030, 194A.050, 211.090, 218A.020, 218A.080 and 218A.250.

(b) The administrative regulation that the Department for Public Health intends to promulgate will amend 902 KAR 55:025 to conform with recently amended federal regulations.

(c) The necessity, function and conformity of the proposed administrative regulation is as follows: KRS 218A.020 authorizes the Cabinet for Health Services to add substances to or delete or reschedule substances enumerated in KRS Chapter 218A. After considering the criteria set forth in KRS 218A.020 and 218A.080, the Cabinet for Health Services designates the substances set forth in this administrative regulation as Schedule III controlled substances.

(d) The benefits expected from administrative regulation are: conformity with federal regulation and a decrease in recordkeeping and paperwork for one of the substances.

(e) The administrative regulation will be implemented as follows: By the Division of Adult and Child Health, Department for Public Health, Cabinet for Health Services.

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