ALC-Administrative Rules

Hi members thank you for being here this morning to the members public will go ahead and get going to my coacher have any comments. No he does not okay we'll get the reports from the executive subcommittee concerning emergency rooms. We've got to. This is it yet. The. The. Yeah alright we've got one report from the executive subcommittee this up month concern is review approval of merchant rule which is in your packet and they have in questions. The. That objection then this report be failed we'll get a report from me or see subcommittees consuring the rule review of rules and we have no reports this month free the lc so committee concerned the. Review of this rule moving on to d reports on a ministry of directives pursuant to act twelve fifty eight of two thousand fifteen. For the quarterly ending december thirty first twenty twenty three we have the quarterly reports on administrative directors which were in your package as you'll see neither of the department crashes nor perol board issued any directives in the last quarter was anyone has any questions for these agencies these reports will be considered reviewed and filed were having questions for either of the agencies from any members. Anybody. All right here none they'll be considered reviewed and found moving on to e next on the agenda or agency rules for the month we're going to call each agency table and after the present will take questions from members with that can we get the martin solid waste management district please leave us robin read coming. Robin we watch a one one one might closer there. And robin when six seat just push one of those buttons are and if you will name in title for the regular police good morning good morning i'm robin read on the director at boston mountain regional solid lease management if you would go in present your rules for the last amount solid wasted page one members their solid waste district is reproposing a change in subtract and chapter f section twenty rather would you do me a favorite pull at michael little closer to you please thank you ma'am. Chapter f section twenty oh three and this is in subsection a and this is to adjust the amount of the waste assessment and the goal of the solid waste district board is to create. A fun designated for landfill diversion strategies and programs in the future. There's fine will only be assessable by the district with board approval. Okay members having questions. This does involve a fee increase correct that is correct then was the public even up to the way in on that or is that strictly board decision we did open it up for public comment and did you have any though we do not receive any comments ok. In questions from members. Are you known then I would objections rule be reviewed and approved thank you thank you welcome or at next part of the corrections state insurance department boot of department commerce sorry. The. And both if you were name entire from the record please thank missed chairman booth ranging on council architectures department. Then go here and I will member members of the committee i'm giving a background about this rule before I explain what it is the interest department was involved litigation in administrative proceedings against a major health insurer last year one of the things it came up are that was a disclosed but is an objection by one of the insurance companies is the interest department did not have a rule in place that described its practices and procedures it's informal and formal policies and so they've made some comments about that litigation this rule is an answer to those concerns a hundred the arkansas administrative procedures act state agencies have to list all of their practices and procedures that they follow so the public and licensees will understand what the agency does what the agency is is doing in in those kinds of things so the insurance apartment did not have an administrative rule in place that provided that list will public or philizen season look at to go to a rule to determine what the interest report was up to our provide information about what the practices and procedures aren't from the interest apartment before the committee this rule is a description of all the insurance departments is department's practices and procedures from how we enforce laws how we conduct administrative proceedings how we do rules it also provides organization information and other information we're simply complying with the apa by promoting this rule so the loss of season the public will understand how the department does rules how the department does enforcement and so it is more of an educational. A document of the public needs to understand what we do we had a public hearing on this rule december fifth twenty twenty three we did not get comments other than internal ones I believe in one member of the public showed up I have not received any concerns questions or inquiries from anybody else about this rule the interest appropriate started working on this rule back in summer twenty twenty three to provide a comprehensive description of what we do I know it's forty pages long but that's about what we needed to have and so we wanted this rule to go out to the public and last seat so that they can go to a rule and whenever they get a letter from the department and find out what the interest apartment is doing what the legal requirements are so a question because i'd answer any questions thank you in questions for members. Guess when i'd have prior to this how did you operator with just recognition of some house clean it need to be done nor digits that's a great question singer hammer we have statutes not a rule that describe our procedures and the aba says the estate have to have a rule as opposed to a statute so how we did this before was we just use statutes that they did it instead of a role now we have got this rule okay good deal thank you thanks for your efficiency and having questions. The. Then without objection as rules reviewed and approved thanks for being thank you thank you next up on the item members would be the. Department of correction. The. The. And gone beyond page five of your packet members. Good morning a tony rall and the director of the sentencing commission i'm here for lings you all who is the cheaper staff and over a rules promotation what you'll have in front of you right now is a repeal of a rule dealing with relationships and transactions with inmates effectively this doesn't meet the definition of administrative rule because it deals with internal policies and procedures everything covered in this is already covered in a secretarial directive that's covers the code of ethics employee kind of and then of course there's criminal penalties that are assessed when there is certain relationships within mates no public comment and I can take any questions all right hanging out here at one short enough with representative dolby thank you mister chair tony i'm over here far right to you just a quick question the rules the internal rules that you have thirteen gathering in maintenance make transactions are they basically the same as what this rule is that we're repeating how has that changed because you know obviously isa. That's a big issue you know on how they're dealt with in their transactions so i'm just wondering are there any changes or does it basically the same and now it's just an internal matter the so the rules that are internal the secretarial directives are actually more restrictive than this erm I don't think there is any conduct to hear that would be allowable after the after the repeal yes so long as that secretarial direct have states the same. The. You good representative. Any other questions for members. I guess i've got a question given where we are with the relationship with department correction who is that this driving the request. For this rule to be repealed is that the board or who is it that's driving this decision. M so this repeal actually started several months ago and. One of it one of the things that's happening and we've got about thirty more than our policy team has identified as not meeting that definition of an administrative rule obviously all of the ones that are border corrections rules do have to go before the board I don't know which winds they are going to white to repeal I think there is some. Desire there to keep some just so that there is a convenient place to nessoral administrative directives but it's it's part of identifying the end making the burden less for the folks who are codifying the rules and also complying with executive orders that require us to turn in two rules for every new rule that's promulgated and we've got it at least six rules that need to be promotated for the protector I can sigh act so we're trying to identify the ones that need to be turned in in order to make this happen okay so be fair to say the board has approved an initiated the request for this to be repealed this one yes we wouldn't have been able to run public comment if they hadn't approved it okay just wanna make sure where the where the bucks ups appreciate it or at any questions from members. Appearing down without objection this rules reviewed and approved thank you thank for being here want to unford department of health. State medical board. This. And picking up on page six members. The. The. Good morning could name and title for the record please good morning i'm brilliant the executive director of the state medical work. Matt more department of health all right good morning field would present where i'm real number ten restrictory care practitioners okay committee members this is royal number ten this in an amendment and this change the amount of cmeese or excuse me it did not change the amount of simis required of the twelve cm's required it does require that one hour be in the field of ethics and professional boundaries there was a public public comment period there were no public comments received we did however receive a approval and support from the arkansas society of respiratory care. Any questions for members. The. Then without objection as rules reviewed and approved a rural eighteen feet scheduled for centralized verification service okay this is roll number eighteen this was a reduction in fee from two hundred and seventy five dollars to eighty dollars or a telemedicine credential in order when placed by health care facilities there were no public comments in the public comment period ended on twelve four on december fourth. Any questions remembered you got a question culture the payments chairman matched one of make sure I mean when you look at this there is a financial impact of this it's actually a decrease in in this sexual your budget three hundred and twenty thousand dollars annually and while I do apply the fact that this is a significant reduction in fees and that's something that we all are very much share proactive on I also know that we are quickly approaching budget season and so I just want to make sure we're not we're not going to anticipate that that the department's going to come back and have some increases three four hundred thousand dollar line items offset this. The. Thank you for the question I think the boards fund balance is pretty healthy and they have also implemented the fee reductions for their other fees around applications and licenseers up at ninety percent to get that fund balance down the legislature are so this last session used to be that funding for graduate medical residency program so the board has a very healthy fund balance the the relations that I mentioned up to ninety percent those were flexible we can go back if we need to stop that you know if we have to so were watching it closely but I don't have any concerns with this thank you very much well question. Most times most of the times how are other states treating our physicians. Is it an increase or decrease for out of state physicians if an arkansas physician is applying for a license to the state of florida. Is it more or less. Out of state vs instead of speak to them are you talking about on cbs orders or license and talking about specifically this credentialing verification fee not what this basically means is that if there is a telemedicine doctor who is licensed in arkansas that resides in florida and they need to be credentialed in order to practice a baptist mercy wherever. Baptist or mercy misplace an order with ccvs it is eighty dollars instead of two hundred and seventy five dollars most telemet doctors are out of state that's why it says out of state now I understand that but i'm also when we talk about out of state physicians while we give in the out of state positions you don't reside in the state of arkansas who don't pay taxes in the state of arkansas we're giving them a break but we're not given a break to the end state positions on their fees so so how much is it for a in state position would you pull your miss the same noise from both it depends on the i'm sorry it depends on the type of order that is being type of profile that has been order do you have an initial profile you have a recredential profile you have an out of state you are excuse me out of cycle recrared you also have telemet so they range anywhere from sixty to eighty dollars I get so whatever is comparable with this is what i'm asking so my question to you though is if an arkansas physician is trying to apply for the same level of credential to the state of florida is there a fee schedule more or less further out of state positions. We can follow florida charges I don't we don't have that i'm just i'm using that as an example of florida texas arkansas oklahoma what I don't want to see is local arkansas physicians offsetting the costs for out of state positions just because they're with a big corporation called telemad and i'm not willing to give telematter break because the arkansas oppositions and their practices don't get breaks and licensing with the state medical board is complicated and it's expensive. And I can tell you that if an arkansas physician is applying to have an out of state license to oklahoma or other states it's more expensive so i'm not willing to give. Out of state physicians are break and not considering what other states are doing to reciprocate that for our arkansas positions so I need more information before i'm okay with this rule right now and night this is not an issue by an act is just being brought forth by the medical board as a rule changes are correct yes sir okay. The didn't you mention they got a healthy phone balance what is your fund bouncing your ralph topped your head give her take a minute. It's around twelve million twelve million okay do you know what it what what was the intent of the board that they want to bring this rule forward what was the reasoning it was initiated quite a while back I will be speak to the it was initiated back in two thousand and eighteen two thousand nineteen around there and it was just to bring some of these fees down at ccbs that was that this was actually done before the ninety percent bill passed okay and. Me was your intent to try to get more doctors in the state or was it just to give the ones they've got a break you know what the rationales it was basically to help the arkansas facilities that have to pay these fees to bring their fees down okay so center over the month ask you would you like to have this rule held over to next month so that the agency can provide some comparison cost of what other states are charging we can provide some surrounding states and across the country as well right now be okay will pull it down for number holiday before you hang out for you pull it down any other questions from members now so they can come back equipped with any questions you may have anybody having other questions on this one. Okay then that share without objection we're going to hold this rule over till next month and if you will get that information send it to the chair in personally directed center of an elsewhere but the chair will get it out to all the committee members and that way we can have that discussion co be happy to okay thank you all that's going to see rule twenty eight. Okay this is changing an educational or excuse me amending educational license to an academic license this was mainly a named change it was just more encompassing to call in an academic license that it also allowed the physician to become an active and unlimited physician after the second year of practice and this was done due to act seven or one of two thousand nineteen there were no public comments in the public comment period ended on december fourth in questions remembered. That objections will be reviewed and proved i'll go back to the previous rule and ask for a bit of information if you would to center evans point so I represented evidence point if you would. Could we see a cost analysis of the. Appreciate the reduction fees that's great but do they anticipate that it's going to bring more into offset the reduction as fee by lowering it do they anticipate i'll actually be either cautious neutral or maybe you'll leave an increase because it might draw more and if they have any way of determining that so we could see what the financial impact on this on the speed specific. Yes yep we can just that one we can provide that yeah okay thank you I want to rule forty surgical technologist rule forty ok this was to amend the registration deadline from july first two thousand and eighteen too march thirty first of twenty twenty this was when we were reviewing our rules we just this is clean up language these are some things that had to be corrected this was done due to act two sixty four of two thousand nineteen there was a public comment period that ended on december fourth and there were no public comments received and questions members. Without objections rules reviewed and approved around rule forty two last year for uniform service members veterans and spouses pay jake members. This was to update rule forty two due to act one thirty seven of twenty twenty three this was just to include the language that was included in act one thirty seven there was the public comment period it ended on december fourth and there were no public comments received. Any questions members. That objection is rule of reviewed and approved thank you all for being here other than we get support health next but state board health you all will come on it. Thank you mister james you got a chair chuck thompson or control department health attorney i'm appear by myself today because of the the change in the schedule with all the ice arm we have our statutory board of health meeting today so uh general council shoes actually over there handling that thank you so may proceed mister chair yes rules for profusionist in arkansas thank you thank you mr chair thank you members what yeah before use the rules for profusion it's an arkansas the only changes pursuing to act one thirty seven regarding military licenser. And the we had public comment period no comments in this was reviewed by joint public health january fourth and was reviewed and approved. And questions for members. All right without objections rule be reviewed and approved and under ramby for the rules of. Or thought and others thank you mister chair this is the rules for thought across that and a door thick providers in arkansas again this was pursuant to act and the only changes act one thirty seven regarding military licenseer of military of uniform service members in their spouses are missed this rule too was reviewed by a joint public health on january fourth and be happy to take any questions any questions members. The objections rules are reviewed and approved a rules pertain test new born information. Thank you you have before you the rules pertain to test your new born in the changes in this roles are pursuant act for ninety of twenty twenty three that was run by representative pilkington spot i'm sorry sponsored by represent bill contents and independent what this rule does is instead of a change the law instead of our naming each individual condition that's that is tested for newborn screening to actually refers to the the core medical conditions that are in the recommended uniform screening panel done by the united states secretary of health and human services so that is published online easily accessible and this is again person to act and that's the only change i'd be happy to take any questions public joint public health review this one any questions members. The objections rule is reviewed and approved next one. Next we have the rules pertained radiologic radio logic technology technology license the only change in this rules pursuant to act one thirty seven regarding automatic license of service members in their spouses in this rule too was reviewed on january fourth by joint public health and questions members. With their objections rules going to be reviewed and approved. Next before you you have the rules for control sources of an ironizing radiation this was this is a very this is a very large run always has been this is the rule that is required as a state for us to have and be in complaints with nuclear regulatory commission rules regarding radioactive materials so this is an update this is a clean up there is no subsidiary of changes only to ensure that are that the rules coincide with what our state statute says as well as what negligently for commission requires it does mention fees there is no increase in freeze there's no change in fees there is no it's simply a nominee clater and insure the the fee language in our state statute reflects the same in the rules so there's no increase no change there's no economic no financial impact we did have a did have a public comment like we have with all of our rules we are no no public comments in this two rule was to reviewed on january fourth with joint public health. And members any objections. Our questions okay then with objections as rules reviewed and approved. And the last one I have for you today members is the repeal the rules for bush and facilities in arkansas and this was done pursuant to act one sixty two of twenty twenty three we and this two was reviewed on january fourth by joint public health and questions for members. The. This. Without objection as rule is going to be reviewed and approved. The. Thank you mr chair thank you members welcome. The. Members work with the chairman would you. This. Make your more comeback up here to the table would you. I have a seat. You over members of our state employees are valuable employees and the all serve of april service to the state of arkansas. And sometimes state employees working at various levels your few things in life that term. I think they really show an example in area character and quality about themselves. And I think it is general knowledge that matt has been undergoing some challenges physically with regards to his battle with his cater and yet to my knowledge I don't know that matt has if he hasn't missed the day of work he's probably worked while has been home and I just think it deserves a public recognition number one but number two I think it would be a congestion part of legislative branches to administrate branch in us as individuals that appreciate what matt does and others mistake government that continue to be great state employees even while pushing through some physical challenges because of the wallety I think it would be a good gesture if we would stand right now and I know this I didn't tell me if we're going to do this because he wouldn't let me do it so I think be a good gesture if we stand right now and i'm going to ask you representative evans table to prayer for matt and was just included all over other state employees they may be going through physical challenges and you know really display a quality of of good state employees like match doing mischair. All right we're on to number six department health services and human services please there's a medical record services. Outside her hill did you want to be recognized said her hill mr chair at it i'd greatly appreciate a default all members would stand with me and this give us standing around the applause to demand thanks soon hill. Part human services to these medical services members were on say and your recognized name and title for the record please miterals chiefs there. Erm good morning jane at man deputy secretary of programs and medicaid director. Okay we have three rules before you today the first one is on medication assisted treatment and otc drug updates where i'm adding some disorder dianeses to the mac on program pursuant to federal rules this has already been through public comment which we received nine cm as has approved and we are repealing two other rules publications with this rule. Members having questions. Without objections rules reviewed and approved adult immunization. Yes are this rule is also a main date from cms for adult backs vaccinations it has been through cms approval and public comment with not no public comment received and we are appealing to additional rules in it in association with this rule today. Just real quick and i'm sure i've flipped through my pack or do they mandating that we cover arms at two or three additional vaccines as I believe they are associated with namania something I can't pronounce and something else but they're going to pay for it they're paying for it as we are paying for it it will have a medical match of approximately seventy two twenty eight as a clinical service yesterday or make sure they weren't mandate ebay to do anything but your mandated pay for it and they're going to help okay a question is members. Without objection is rule is reviewed and approved c yeah so this is a the coordinated tree **** treatment in transport to alternative destinations this is pursuant to act for eighty from twenty twenty three session and it will cover ems services treating in place or transporting to an alternate destination after consultation with the physician before this rule and statute change emulances could only transport to a hospital now they will be able to transport to an alternate location in so we are working with the physicians and license behavioral health professionals to roll this out to make it state wide and to have better coverage we have received cms approval for this we did receive one public comment which resulted in an update to a mileage calculation on billing and we are repealing two additional rules with this. Represent all the thank you mr chair i'm over here in the far right and I apologize I am kind of catching up reading through all these rules but each one of them had a financial impact. And on page twenty three of the rule that we're discussing now it each one had this language in it so I really kind of asking this and all three of those. This one is a class reduction one of the others was that it was going to cost more and i'm just wondering how do the countings are local governments and cover these things if it's going to cost more. I don't know that I can answer for the county and the local government where medicaid will be a billable service to medicate will pay for that trious and transport in the additional services delivered if they're not medicaid eligible then that will be up to the county and the local but I would defer to them to answer okay if you could somebody off link it may be explained some of it because I know on page eighteen the cost is state county and local governments two hundred and one thousand dollars. And then when you look at. Page twenty one. Then there's a physical impact to state county and municipal government i'm just curious if the federal government is going to reimburse or at the state it's going to reimburse or if that's just something our local texas are going to have to figure that my question so if you're just kinda answered they're at some point in time I think we'd all be interested in the yes me and we can follow up with the exact details okay how much do they and just send that staff and separate pushed out to a breed which send it to representative darby directly if you will plead I remember conversations round reimbursement to ambulances maybe that was some of what you were just talking about sorry distracted but did the ambulance association where they they were involved in all this discussion yesterday and I believe they were the ones that submitted the the comment on the mileage that lettuce to update the calculation so showed they were they were involved and got happy in they were involved I can't guarantee that the way in on it yeah I mean I think I think a lot of it is because sometimes they have to eat the cost because it tonight and so that's why you're looking at a savings because a lot of tons they have to either cost if it's not reimbursible and if if if the patient started you know at an emergency room but it really opens it up to where we can better serve that patient and avoid an er usage if possible and the cost of that to both you know the ambulance service if it's not reimbursible or to the individual or to the plan or whatever is payer. I know that they were intimately involved with the legislation that we ran and I think thank you all so much for working on this cause I think it's going to be a really good thing across the state particularly for rural areas I think all right any other questions remembered. The. Your mind just get that information and without objection as rules can be reviewed and approved thank you. Are department labor in license in please. Division occupational professional license in board ten commissions. The. Good morning if you had name and a title for the record please. Good morning my name is tim at gumree and the executive director for the architects they board a public account I think miles could be here today a commitment was what I was told correct. Got it there might keep going thanks real three. Good so we have two rules to present you this morning the first one is a change to board rule three point seven. Which would change the test section credit window from eighteen months to thirty months which would give the candidates in additional twelve months to pass all four parts of the cpa sim before losing any test credits. Would also change the date that the test section credit window begins from the date. The applicant sat for the exam to the date that the exam score was released. And then thirdly it would change the requirement of pasting four core. Test sections to church the passing of three core test sections and one of three display discipline test sections and this is something that is being doing that that has been done across the nation in all states it was called the seeping will have forget him but it was just to change to the cpa exam structure. That that's where all three point seven and then we had also a change to rule thirteen point three i. Which basically allows for cpe restaurant before going further let me let me get sir see if there seemed questions about rule number three members any question about rule number three. Right then without objection as rule is reviewed improved okay rule thirteen rather team that allows for cpe reciprocity which would grant or allow an outer state licensee to meet the cp requirements for their arkansas license as long as they meet the cp requirements of their home state. Okay I guess question pubs my mind is. That's provided those are equal to the standards of not lesser than the standards of arkansas or how's that work yet that there were two exceptions to that when we do have a requirement for a for an arkansas ethics cpe course they still have two take that when our ethics course. And if that state has no requirements there are one or two then they still have to meet arkansas requirements okay representative that. Represent voip thank you mr chair do we have a shortage of cpa's is that why we're doing this. It is what's something that again is not hasn't been incorporated throughout the nation but many states have allowed through the cp respreciprocity for outer state licensees because there are many licensees or cpa firms that have licenses and in many states is to help with mobility somewhere and to it basically arkansas decided to do it to be in mind with. Most other states that are going to resuprocity follower sure thank you sir so what states around us have done this are we talking about states that were touching are we talking about states are in the northeast on the west coast it it varies I think it's I think eventually it will be in all states I do not have the the exact details now about which states around us I do know that oklahoma has it um and I but I can't remember about missouri or louisiana or tennessee bit it is something that I believe. Over time in over legislation that that will probably be the same in all states. Thank you mister share you welcome any other questions from members. And represent a ubank's issue thank you mister chair this. II just want to ask a question on the previous rule. Yes if that's if that's allowed to go it. It would seem that over the years we've seen to reduce the rigor with the requirement of how the test is given. Add someone that took it when you had to take all four parts and two and a half days and what the passage requirements were and now what is allowed it just seems like we're just making it easier and easier to obtain a cpa license it. Would you agree with that or you do you see any potential harm to the profession because of the changes that have been made. I totally understand what you're saying because i'd I too took the cp and when it was two and a half days and you had to sit for all four parts at the same time and but I do not think it is going to still a difficult passed to test test to pass even if you're taking one part at a time when you look at pass rates they're still in a forty to fifty percent past rate so it is still a difficult test even though. In my eyes in your eyes it's probably a little bit easier than it used to be I can assure you it's easier but the content of the exam is still rigorous all right thank you thank you mister. So phone upon there because I think the two relate to each other between three and thirteen the. Under three extended the window. And at what I take from that is that if they if they fail they've got more time to pay us whereas before they were in a narrower cordor of being able to pay mister chairman before it was you had eighteen months to pass all four parts if you didn't pass off for parts then you could lose credit for your first test if and so you had to have in any eighteen month given window you had to have all four parts pass now instead of a year and a half it's two and a half years too. Pass all four parts okay so what were. What we are wanting to do. A line with what other states are doing are where are we are we catching up or we are we push an enveloper where we we are not pushing the envelope and we're not catching up this has been passed by all fifty four jurisdictions. Um and basically all being done at the same time maybe a year or two apart because of when they're legislature meets up but yes this is being this that rule is. Or the change in the arcpacpa actually being adopted by alls all states okay we're lying with what everybody else is that is correct okay any questions on rule thirteen member. Without objection as rules reviewed approved thank you thank you mister you're welcome or had department labor licensing occupational professional austin boards. Page twenty seven members and the packet. That. This. Morning name entitled for director please. My name is diana pioski I am the director of the state board of a prizer's abstractors and home inspectors. Go hit me okay thank you thank you mister chair i'm here this morning of the aminmet that is before you is to authorize approved simulated training to serve as an alternative to the traditional supervisor of trainee model experience model for a praisers there about reducing a barrier to obtaining license it is known as the practical applications of real estate appraisal the second is to make technical corrections and to update the board's legal name to the state board of appraisers abstractors and home inspectors pursue person went to act six twenty eight of twenty twenty three there were no public comments received on this amendment to the rules and with that sorrow take any questions thank you any questions for members. I'm take let you know if you question as parcel licenseers been issued in any one of the areas that are referenced under your jurisdiction are howard how are the licenseers going out are you are you current caught up are you still are you deal with backlogs or anything not on licensees no star we recently went through both part of my appraiser and home inspector license renewals of december thirty first. We were able to issue those licenses within just a few days all of them and everyone received pocket cards the same week that they paid their face so we have instituted new policies to make certain that things are issued in a timely manner. What about complaints complaint categories we're still working on those we don't get up with the prizers i'm working on those we do get a lot of a price or complaints. With respect to abstractors we haven't had one and probably ten or fifteen years with home inspectors I am working on those and we will be caught up up to date to current with those within the next month okay or thank you any questions members. That objection rule his reviewed approved thanks for being here thank you. All right next member nine department heritage tourism. Or in germantown wood name entitles for the record please. Thomas that are programs manager with department of heritage. Scott kaufman director of the arkansas preservation program morning routed director broke so heritage and director of literally refers for parts here to just tourism alright I would receive it so in twenty nineteen legislature repairs to a law that loud for the major historic rehabilitation income tax credit program in this program allows owners of historic or so properties to apply for an income tax credit for projects with the minimum investment of over one point five million dollars. The properties are eligible for up to twenty five percent of their calls for qualifying rehabilitation expenses. Prior to this year that program had been unfunded but to legislature this year provided forty million dollars in funding for this program. But the way the law reads it's first come first or program meaning who are finishes or project first I get the money smaller projects with minor economic returns and value you could qualify in and deplete the funds. They're major projects that are the before they're undertaken or maybe underway they need assurances for their financing that some of these bands will be available and currently there's no mechanism to reserve funds. For major projects that would guarantee the money would be there within a reasonable amount of time. So these rules allow for that process so major projects can apply to reserve but to the maximum of twelve million dollars it can be set aside for up to two years for them to complete the project so that calculation can be used when they're planning these major projects have major economic and tourism value and so this these rural set up a scoring procedure determined eligible projects other projects can still receive funding and we'll receive blending but will be from the pool of funds that are available after these other funds are reserved so but that will try and insurance questions. So. I want the alternative you might give the wheel please. Right now thanks I think it's a great program i'll let this program could you just remind me how they are designated to begin with to meet the qualification. Yes. Me there. So initially. In the first part of this is is in is then state law that they need to either be the creation of a new business expansion of an existing business establishment of a tourist attraction revatablization of a commercial historic district or rehabilitation of a significant property in historic neighborhood and of course any building to qualify the crime for a husband on the national historic register. Yes that's true. It's less the initial qualification now in these rules we establish further considerations in in our scoring system that we consider the potential structural crisis in the lebidation of the building itself so building this deteriorating rapidly it needs immediate help a percentage of occupancy increase. Financing availability historic importance to the property to the state and local community and the potential to contribute to revitalisation of an area so those are additional context in the rule in the scoring process so it's it doesn't necessarily have to be a building that's on the historic registry it could be. One of those other it can be contributing to any story yes I had sort district. They would have to be designated inside of a historic district they'd either have to be on the national historic register or be a contributing building in a historic district. To qualify. And that does there is nothing address in the rules this though the the home of johnny cash that's not really necessarily located and as a story district but it clearly has a major impact of arkansas historical value. So that would not qualify though. I'm not on the national historic registered okay. Hmm interesting okay thank you II just think you appreciate that. So we ultimately don't have in control over the building center on that registry and they have to be recognized at the federal level before ebay table access to this grant money. The that process is through the argument so through division heritage and the argue so preservation program that scott is the head of in there is a state review board that if if a building most to apply to beyond the national restaurant then it will go through that state and then they make recommendations than the ultimate decision is made by the national part service of whether that building its own there are not they normally take the recommendation a hundred percent or they bought ninety percent average. Normally they take the recommendation I think there's been some studies where I think we're about ninety eight percent so okay recommendations we give more times a daughter accepted okay or do some work for soon or at any questions members. Without objections rules reviewed improved thanks for being here today I remember our next item on the general include or in person updates from the part of education on substantial rule making from the twenty twenty one general session if we can. Get the department there please. The. Cattle for the record please good morning chairman members of the committee my name is under a spreadsheet chief legal council to the department of education. Good morning daniel short stephanie's local council for the part of education we have one rule in this report for you is the departments who will give it a professional development we finish that rule we release that for public comment the public common period ended on the twenty second of january since month we made some substantive changes to the road preserve to public comments we're going to release it for a second around a public commit beginning here probably in about a week or so and we have hope to bring that rule to you this spring. Right represent thank you mister my question is not to do with that rule it's to do with something else. Can I still ask it's about a law that we're waiting on a rule for going thank you mister chair so house bill sixteen oh nine rich representative evans and senator davis carried was passed on four three twenty three. And it's talking about last injury and i'm want to know when that you're going to put out a rule for this bill it's not in the pin being it's not been there spend nothing turned in for this rule and it's been almost a year. The. Can you please repeat and schools are needing this they're needing this bill to be represented when you repeat that that you mention well i've I don't have the act oh yeah I do seven thirty two. So even working in about thirty rules or so i'll double check the make sure it's on that that set a rules and if it's not will get working on it right away thank you thank you mister thank you would you do if they were just update a represent vote personally but also go to the sponsors of the bill with that update if you would please absolutely thank you members having other questions for department of education. All right thank you all for appearing today thank you members pressure to run the item g. In pursuing tax five ninety five twenty twenty one if an agency believes that rules not necessarily for the operation newly enacted law from the twenty twenty three general session agency may submit a written question on phone subcommittee of its attempt to not adopt a required rule of requesting that there will be excluded from the agencies monthly written updates. And lucky it's something from the department to come up and introduce itself the record explain your quest for the exclusion please. Yeah. The. The. Would you do me favorite reach over and turn that other microphone please thank you ma'am sent the airwords or sold a part of agriculture okay you recognized thank you yes we have three that we think can be excluded they were at five eighty eight that amended the cap fish processing duties and and transferred those to the departments from the state plant board and there was a rules that are being probably getting they would just transfer the authorities and no new rules needed there we also don't have any campus processors at this time either bad ninety four mins the law regarding live stock running at large in the fencing and the road making portion of their just referred to a process which we have put online on the website that's in place in being used well so no real making needed there in six ninety one transfer real making authority of the various boards and commissions to the department that was the big board commission saladation be on those rules already exister in no additional rule making was required there. This. Okay members having questions about this. All right i'll take a motion to approve the agency's request for exclusion. Your motion is a second second discussion to the motion. On favour say I posed. Motion carries all thank you. All right next up err we have. The department of health arkansas state board of pharmacy in architects state medical board. The. Members g has our explanations you need to look at the example. Yeah. Morning again for your would recognize so for the. Presentation please make you know more department of health. Any and free director of the state medical board. But what do they do and wait for a turn like for it turn red then your hot go hit. Failure bring in holland inspector for the state board of pharmacy or thank you whoever you want to present we'll hear police. Good morning again and we're here to give an update about the committee that has been formed due to act five seventy five of twenty twenty three the state bought a pharmacy in the state medical board we do have a committee that will be meeting as of right now quarterly however we will meet more often if necessary since the november meeting when we were here I wanted to update you on what has been done on the state board of pharmacies website there is in a prominent position a guidance document for anybody that wants to apply for the prior approval it gives them directions and gives them the rules or not recently rules through the requirements if they do want to apply for prior authorization since then in the board of pharmacy has also put out there a web based. Database that they can put their information in the insurance companies and say that they want to be included in the next committee meeting that these are the drugs they want to be considered that was tested in december it went live in january as of right now the only intro we have received is that of a test just to make sure that it was working we have not received anything as of. Right now if anybody has any questions the insurance companies or the benefits managers they can call either board with any questions. And as far as the rules committee goes the law did not require any rules to be created so we are asking for uhm. Exclusion from reporting requirements for the rules and we will answer any questions. Yeah. Aren't membership having questions. All right then do have a motion to approve the agency's request for exclusion. Motion second. Got a motion second any discussion to the motion. I'll favour say I opposed. Motion carries thank you. All right next members on h on your agenda. We have our submission of january monthly written updates by the agency's concern will making resulting to twenty three general session these updates are in your packet or anybody having questions. The. All right no objection will file the january monthly written report all right we're on to i. Yeah. We can change the process considering the roles reported group two agencies person to act seven eighty one of two thousand seventeen x sixty five twenty twenty one it may recall that the act seven eighty one sixty five established the systematic review of agency rules each age seen the group of some of the governor went into the portal design by the bureau and entered all of its current rules attached copy in your packet. Agency auto has also indicated those rules are wishes to extend enforcement those that wishes to repeal should seek to do so so committee accepting rejected the recommendation being HC to stand repeal the rule this month the circummittee has before the department of energy any end environment for me and you environment liquified petrol gas board and department she environmental all in gas commission he received an advanced copy of their reports at last month's meeting in a meal email it went out to the committee last week and they are in your package today if you want to find him along the same lines you'll see in your materials the reports those agencies that will hear from in february if you have any comments we would encourage you reach out to those agency prior february meeting discussions with the agency for this month can the personnel from the department energy environment come forward and present each of your rules please and good morning and if you would please name a total for the record good morning thank you more invalid chief of staff department of energy and environment. Good morning michael mccallister managing attorney department of energy and environment. Good morning daniel pilkington attorney here with the department of energy and environment okay if you're wood please thank you chair end today I want to mention we also have the secretary department of energy and environment he's just not the table he's back behind us along with various members of our department representing a different divisions of the agency i'm here to answer a question should they arise. To begin of course we were and required under act seven eighty one of two seventeen to submit our role report as part of the reporting mechanism back in september hopefully we were able to do that in a way that presented adequate information to let you know the basis of each roll in white rollers they are and of course there are as a regulatory agency we have quite a few rules and today we're here to ask if there's all the extended as part of our and regulatory framework we do have three different categories and chair i'm not sure how you want to deal with those but I was just going to give a quick overview of which what each category was that will be less than this take care take the first one briefly and members have had this per month and if there's any questions if not what will move on to the second one let's do that that's great so the first category is that it's listed as the department of energy and environment I will not what will be typically considered the division of environmental quality rules and that includes and rules for the mining program and also the arkansas energy office which all fall with indicus so those rules again are regulatory nature and also address some of the deprocess that we have at the division of environmental quality each address any concerns and I guess at this point chair we would be opened any questions or if any additional information would be needed we would be happy to provide that or members are going to give three in one month to do this call for motion second on each one of their three categories to separate out cases in issue on a wander three showed anybody having questions on the first presentation. They'll call for emotion for the department's recommendation is there a motion. You got emotions or second your second a discussion on the motion. On favor say I post okay if you would go the next one thank you chair at the second can state which one the next one is just make sure on the same page please of course yes really the second one is the local fired petroleum gas board okay that is the board obviously that regulates like a fibretrollium industry here in arkansas as with the first their regulations exist I primarily ah their regulations and built around public safety and primarily required and dog until last though we're asking for all of those rules to be extended here today but it would be happy to answer any questions. The. Members having questions on this one. I'll take motion got a motion to accept the agency's recommendation emotions or second and emotional second hand discussion to the motion. No discussion on favor of the recommendation say I post. You have one opposition but majority catches it all right next one. A final report is for the arkansas willing gas commission of course the commission that regulates us industry and as with the previous two we are asking that those regulations i'll be extended. All right members any questions on this one. Get emotions or second your motion second a discussion to the motion. Here are no discussions emotional favorite ci and you post. All right here none their parcels alright thank you chair of nothing further thank you thank you for being here all right members where the business right that's it all right now the business before site for members being here sticking it out. We're joined.