ALC-Administrative Rules

Right to call the meeting to order him again. You have three reports from the executive subcommittee in your packet regarding its approval of emergency rules. If there are no question too I have a motion to adopt these reports. And second. And all in favor say aye. Any opposed. Motion carries in the reports are adopted. Hi next removed items city. well someone from the agency please come up and introduce yourself in this department of agriculture. I'm Scott rate statement more director Arkansas part of that culture. Find Caleb Allen Arkansas department of agriculture plant industries division thank you may go ahead presenter real. This is the the industrial. To meet the industrial hemp research program rules and if you notice the markup it's very very very marked up but most of that more markup is just some Lango language clean up. The real change applies to the fees when the legislation was passed it authorized us a fifty dollar application fee and a two hundred dollar license fee US the A estimates that these to operate this program it is an somewhere in the range of about a thousand dollars per license the is what it calls agency so we've of probably gave these rules to add additional fees to the industry to help support our calls for operating the program. Members to have any questions. And seeing no questions without objection this rule is reviewed and approved thank you. Next we have the been county regional solid waste management program. Would someone please come forward introduce yourself and you may present your real. Good morning I am with the plan the director of being county sold waste district. And I'm here to present our final rule thank you Mr chair with perfect you may proceed go ahead thank you Sir thanks for allowing me to come and speak with you today the permanent role is making final the emergency changes that were implemented in our emergency rule adopt or authorized by the council on January seventeenth the main change is a transition away from the inadequate funding previously available to our district under the solid waste assessment allowed by eight six seven fourteen of subsection a. To the funding mechanism under eight six seven fourteen subsection P. which is the service of the assessment. Of there is no increase in overall fees for our citizens and businesses we have accomplished out by blending the waste assessment bees and the service fee and maintaining the total fees at a dollar fifty per ton we did of you to conduct a call a public comment period and a public hearing and there were no comments received from anyone. the purpose of the change is to ensure adequate funding for for our district to meet the state and regional goals and mandates first always management and of the proposed rule is fully compliant with state law and with legislative intent and I'm happy to take any questions thank you thank you. My finger on. Okay if you were a kid you hit your Senator hammer could you he Mike but again I believe a hot. On the Mike. Pardon I said I believe my Mike is hot okay correct right thank you. Does this rule just limit itself to Benton county or is it going to have financial impact on all the other solid waste management districts in the state. it is limited solely to ban county any other district that wanted to implement this would have to come through the same rule making process the that is our district is implementing you know what's allowed by state law but as all districts we are required by law to implement our rules only through the administrative procedures ACT and so they would have to come before the same council to get approval of any changes they wanted to make to their roles in anyway. All right Mr can I staff a question please sure. So just give me a comfort level staff that that is this is only applying to Benton county and if any other solid waste management district wanted to do with their rates what they are doing with theirs through this rule we would have each one of those solid waste management companies having to come before us and go through the same process that they have is that a correct interpretation yes also a waste management districts have rulemaking authority and they have to go through the APA process cart thank you Mr. Representative Wardlaw. Thank you Mr chair. if you go to question for and I'm not sure you have our packet The bureau asked you a question about the actual fee per ton. Can you guys response was you didn't know how to answer that question so I was wondering if you've. Thought that through or have an answer for that I'm and I'm not sure if I have the same document that you have Sir but that what I did get or some additional questions after we filed our final are are and draft in question for on this one is asking Kim can I explain how the district decide which the two assesses the yes okay same one so. The the districts obviously some districts don't even have a waste assessment fee at all because they have other funding structures like maybe they own a landfill or the on a transfer station there at able to you know add fees to those that fully fund their district for our district we had relied solely on the waste assessment fees since we began and the because of the what the the. You know portion of the law regarding was assessment fees that requires that if we're unable to come to an agreement with the district in my receive some of our waste that that district is able to take half of our fees that has proved to be an inadequate funding mechanism for us so our board you know review the law and chose to implement the additional funding mechanism available to us which which is the leading the service fee. And so that's how our district chose you know there's a lot of for it for other districts I can speak to their decision making but but part of the things that they would have to consider is what other funding mechanisms that they have available thank you yes Sir. Members other any other questions. Seeing none without objection this rule is reviewed and approved thanking search thank you very much. Next moved to item three department of commerce Arkansas economic development commission would someone please come forward and state your name and present to rule. Members we have as you prior where summer sitting outside we're calling them in. I thank. And if we need to have an on deck circle No Way. The more ms chairman Jim Henson general counsel for ADC with me today is back to call bill whose director rule services for ADC. Thank you we have a for you today a proposed rule for the new spay and neuter Pat program now this is actually come about through act four ninety four twenty nineteen an appropriation four hundred twenty thousand dollars was a new program that was appropriate for a DC and we have crafted these rules to set forth a methodology for actually making the award for the grants in the process by which cities and counties would apply for the grant funds. Thank you members to have any questions. Senator Irvin you're recognized hi mom it's what's the funding level in this program a sixty thousand dollars there's no funding in our essay for it to the governor awarded sixty thousand from rainy day funds last year and that will carry over into the next fiscal year. Okay is there a opportunity for Outside groups to put money into this. In other words If if there's a an organization out there that would like to contribute to this because I feel strongly about standing either later. Can they do that is there a function to allow them to do that senators the technical answer about making a contribution of fun I don't know the answer that but there is a way for them to contribute services there is a fifty percent match or for the total cost of a proposed program this grant will cover half of it the city county they must come up the other half of it so that the way for them to stay isn't that house thank you. Thing no more questions this rule is reviewed thank you thank you Mr chairman. Next we have the department of commerce state insurance department. And on deck of the department of corrections that. They may be preparing to come in. If you would please introduce yourself and presenter role good morning Mr chairman is Ryan James governor fares the Arkansas insurance department amend a Gibson associate counsel of the Arkansas insurance department. we are bringing for proposed rule one oh five deal with the verification of life insurance benefits by Folks to render funeral services this is in response to ACT five hundred. Of twenty nineteen. And it's a pretty straightforward rule in as much as we've taken the statute language and put it in rule for. And we're here for any questions. Members anyone have any questions. If there no questions in this rule is reviewed and approved thank you very much. Sir next we have the department corrections. Anon deck of the department of education. Thank you may introduce yourself and presenter real. A Solomon graves chief to the state of Arkansas department of corrections building over superintendent Arkansas correctional school. Go ahead good morning this is Mister members of the committee this this morning we are here to present the school districts dyslexia intervention rule pursuant to act in eighty eight of first of all I want to again of address the delay in which the rule is being presented to the soap committee by statute this should have been T. all in January I'm sorry reviewed by January one of the things we ran into in construct thing this rule is that there is a requirement in the act that the will be evidence based be developed with but daily and it became abundantly clear to doctor Glover and his staff there simply was in a body of research specific to providing the services for an adult correctional population. So in some ways we had to invent the wheel when it came to constructing a dyslexia intervention plan that would have been sufficient for provision within our correctional stating this plan does provide for a assessment and intake as required by the act it also provides that if a in may displays markers of dyslexia at in take that day be provided a further assessment if they are going to be enrolled in our school district or if they're not going to be enrolled in our school district they would be provided information on the availability of after hours intervention services and finally this rule does provide guidance on the provision of science of reading training for the teachers employed by the Arkansas correctional school district. Yes there was no model to pull from Missouri model for implementation. Yes Sir we've developed when we work with the Arkansas or. Eight Arkansas River educational service Cohen time of their dyslexia specialist we found a a quick stranger that will be used at intake over to wash how unit has to be quick has to be short because the intake process is five hundred to seven hundred people a month. Okay my question was it what is our curriculum developed for adults I have yes Sir okay yes Sir members any questions. They know questions without objection this rule is reviewed and approved thank you very much. Item six we had the department of education division of elementary and secondary education. If someone from the. Our would come forward please introduce themselves represent the rule. Thank you Laurie Freneau general counsel Arkansas department of education division of elementary secondary education we're trying to go through these one the time so thank you Sir I'll do that thank you the first is the standards for accreditation these rules are amended to incorporate provisions of acts six seventy six ten eighty three and one ninety of twenty nineteen among the various requirements on of these laws were that the school district's posed to their website it harm the percentage a number of students are exempt from immunizations their diverse terminology change from an SL two ESA And the rigid. There are other changes including various at its clarifications and corporations of other provisions procedures and rules of the division of elementary and secondary education during the process of this rule there were several stakeholder meetings held and these rules were that we've visited with the joint add on these rules and we receive many public comments made many changes but in the end there is nothing substantive consequently we respectfully request that these rules be reviewed. And. Members revenue questions. And seeing no question without objection this rule is reviewed and approved thank you may move on to be thank you Representative the second is the creation of school districts by detachment these this amended. These rules are amended to incorporate changes made ACT five twenty eight of twenty nineteen previously the law was that for in order for there to be a detachment from school district to district could not be. Twenty thousand ATMs students are more that twenty thousand cap was removed and now as long as there's five thousand students in a school district there can be detachment and following public comment minor sub not substantive changes were made. Members are there any questions. NO questions without objection this rule is reviewed and approved thank you Adam city thank you. Distance and digital learning rules these are amended to incorporate changes made by acts seven zero nine of twenty nineteen and that is that a school district must that if a school district expels a student must offer the student digital learning courses or other alternative educational opportunities also there is terminology updated throughout the rules such as Arkansas curriculum frameworks was change the architect Arkansas academic standards and other outdated. Provisions were removed and clarifications were made and after public comment there were non substantive changes made to the rules. Members any questions. Thank no question without objection this rule is reviewed and approved. Adam D. thank you the grading of course credit rules these rules combine and streamline three prior DZ rules the uniform grading scales Advanced Placement International Baccalaureate degree an incentive program rules and concurrent credit rules they're all now boil down into one really nice compact set of rules and the incorporate. Provisions of acts four twenty nine four fifty six and six thirty two of twenty nineteen as well as make other clarifications and add a section concerning credit by demonstrated mastery. Members any questions. Thing no questions without objection this rule is reviewed and approved thank you and item ET. Those that don't that is instructional materials rule these the rules these are amended to incorporate changes made accent fifty seven of twenty nineteen eliminated annual reporting to joint education concerning school districts that are out of compliance with instructional materials even though that is something that of course is monitored under the standards for accreditation and it amended terminology consistent with the law the following public comment there were no substantive changes made to these rules. Members any questions. Thing no questions without objection this rule is reviewed and approved Adam F.. The training for school board members this is amended to a corporate provisions of acts one sixty eight and ten twenty nine of twenty nineteen basically remove the requirement that once a school board member is elected and in place that they have to have certain training within fifteen months now what is required is that they have to be received the training by December thirty first of the year following their election in placement also there additions to training they must receive to include school safety and student discipline and also they have to be trained on how to read and interpret an audit report and after public comment will only not substantive changes were made to have a competency test after the. I don't know that would be that would be an out of the question any questions members thing no questions without objection this rule is approved Adamjee the last rule is the special education rules section eleven and these rules are amended to incorporate ACT five fifty seven to twenty nineteen which prohibits corporal punishment on students were intellectually disabled non ambulatory nonverbal or alt artistic and we had no public comments received on on this rule. Members any questions. Seeing no question without objection this rule is reviewed and approved thank you very much this Representative. We're going to skip item seven go down the item eight department of finance and administration alcoholic beverage control division. The on deck number nine department of finance administration office of child support enforcement will be next up if they can be getting ready. We need some blue lines on the walkway don't want their of twenty one direction to go. Joe would introduce yourself please and then you may present your real early Chandler director of alcoholic beverage control mon able attorney for a court budget beverage control division thank you will need to go through these each item individually she may begin without a may yes Sir the first role as a hard cider permitting rule this was established pursuant to act six ninety one of the stub listing where the hard cider is actually separated out from other alcoholic beverages so this rule is created to allow us inability to permit those hard ciders. Members any questions. Seeing no question without objection this rule is reviewed and approved thank you may go to item be the posting of the pregnancy warning signs. This was an acted with ACT eight eight sixty N. as a requirement that all alcoholic permittee's post and ate half by eleven inch pregnancy warning sign at every facility that's permit under us. Members and questions. Thing no questions without objection this rule is reviewed and approved. Adam city this is the hard cider manufacturing operations rule to oversee the operations. This is an created under our subtitle J. it's a new addition where we have separated out the actual manufacturing and operations held over the hard cider permits due to ACT six ninety one. Members any questions. Signal questions without objection this rule is reviewed and approved thank you item D. E.. The manufacture sale of controlled substances for rule one point seven nine twenty. Act of eight sixty one of twenty nineteen amended of Arkansas code three five two oh two and allows the home brewed beer or to be removed from manufactures purposes and taken to organized affairs exhibitions competitions in tastings where as a previously before this rule we were not they were not allowed to remove home brewed from their residencies. Members any questions seeing no questions without objection this rule is reviewed and approved item he. This is the suspension of permits percent to be zero one eighty one ACT five seventy one shorten the time of for the inactive status the initial inactive status is now three months rather than six months and so they act also shorten the total time for inactive status from eighteen months with extensions to twelve months with the extensions for permits that are put on inactive status. Senator rice you're recognized for a question. Just making sure there's not anything in in the emergency pandemic area that this would cause trouble with if there. Down for. Period of time this doesn't automatically kick in you know any leeway to do anything about it at night so we actually have leniency from the governor's office on our current and active status is it to extend it if they are closed due to the pandemic there does not have put their permit on the initial time here it is thirty days we've extended it due to cover nineteen to sixty days in addition to that if they are set in their last time period for their inactive status of their in the final period where we would be picking up that permit that period is state during the emergency order and that time period as added to their and period so we do have emergency rules and have rule modifications in place currently to cover what I'm just trying to clarify is make sure that there's not something in law not use the government governor's executive authority or his. Any given an officer this could report other states are doing things that I feel like or any goods excess of but we've got that problem Mr here in Arkansas but I will make sure there's not some something you can foresee that the complication I can't sit first a complication with these rules anyone that's going under the status periods would not even start their inactive period they would still have that one year because no one's falling under these rules very good thank you Mr. Any other questions without objection this rule is reviewed and approved. Item F. the microbrewery restaurant private club rules five point eight four to five point eight nine. This is an establishment of A microbreweries percent two ACT six eighty one within dry counties to allow for the creation of manufacturing of alcoholic beverages in the breweries it microbrewery restaurant setting and within dry counties. Senate questions without objection this rule is reviewed and approved item G.. Information statements and documents to be furnished by applicants the state police are now of processing for your plants through background checks remotely through live stand this will allow the permittee's to purpose to benefit from the live scan abilities to have their background checks run where they do not have to get a state police and be actually fingerprinted there. Questions members and seeing no questions without objection this rule is reviewed and approved item H.. Alcoholic beverages removed from premises rule one point seven nine twenty seven ACT eight nineteen created the entertainment districts and this rule is amended to allow on permits retailers to allow patrons to lay the permitted premises without call an established guidelines for the city's percent to the ACT eight twelve to notify ABC of the creation and removal of those entertainment districts. Questions members and single questions without objection this rule is reviewed and approved item hi. Persons under twenty one exception ABC rule three point one nine ten be. M. act Arkansas code annotated three three two OO four states that within with written consent from a parent or guardian a person eighteen years of age and older may sell or otherwise handle beer and wine at a retail grocery store. At ABC rule three point one nine currently states beer and small farm wines of the change adds the wine and percent two three three two oh four bay. Members any questions seeing no question to that objection this rules reviewed and approved item J.. Temporary hard cider permit a B. C. rule one point two to four ACT six ninety one included the allowance of a hard cider temporary permit and so this gives the rules to govern those permits. Members see no questions without objection this rule is reviewed and approved item K.. It's definitions and terms and title five A. B. zero five point two ACT eight sixty one established a microbrewery restaurant permit club at permit and it defines beryl so we have added that definition we also added the definition of malt beverage percent to six eighty one. Of we also re clarify than definitions the distinction between a microbrewery microbrewery restaurant private club because we just had a microbreweries and all definitions ACT six eighty one so I was a similar definition of restaurant. To be included. Questions members saying no questions without objection this rule is reviewed and approved item at all. Grocery store off premise wine permit ABC role one point one nine forty six ACT five oh eight of twenty seventeen actually establish a definition thousand to find the grocery store wine permit an ACT six ninety one of twenty nineteen added hard cider so therefore we incorporated this new permit into the role. Saying no questions members without objection this rule is reviewed and approved item am. A beer festival permit. Rule one point one nine three one ACT nine fifty of twenty seventeen inserted small brewery hard cider manufacture or small brewery tap room. Added the last century we had license regarding out of state breweries and ACT six ninety one of twenty nineteen added hard cider to to these authorized at festivals. Members any questions and saying no questions without objection this rule is reviewed and approved item in. This is a medical marijuana abandonment of license. This was created as it stands right now the medical marijuana rules and that govern our side of cultivation processing dispensing facilities and transporters this amendment is existing roles would create a manner which to consider permits that are not operational within one year of license to be deemed abandon or revoked. Representative Wardlaw you're recognized for a question. Thank you Mr chairman so in my district you guys awarded a permit and worn. They didn't they didn't purchase any property they never turned announce the dirt they never done anything. And you guys give him points for the economic development area because we're depressed area but now they're moving that permit to Monticello which is not economic depressed area. And that was done after one year so that permit didn't get abandon it got moved to a to a higher economic area so explain to me how that's possible and how those points get allocated and how come somebody else in the pipeline didn't get a chance an apartment at Monticello verses the people that had to permit a warm so the way that the roles are currently written the license rules that the mod the commission approves for licensing what they did on that permit is they actually before they made the decision to allow them to may which is that then their authority of the rules they weighed and I provided them the points of the everyone below that Warren permit and with and without their bonus payments point so we actually remove their bonus point meant points to them and gave them the score and with that scoring they were still higher than the next one in line and so the commission approve their their movement as it sits right now there's no rules in place to allow any action against a permit holder that is not up in operation with any time period of issuance of the permit which is why we're promulgating these rules because as you've seen we've run into permittee's that are setting with their licenses I'm not taken action to open their facilities and we have no authority to take any action against them the problem is they they applied for those Mr chairman mon follow up your assignment at the they were a little they were allowed to get those points to get departments in the first place knowing that they would never open a facility in those towns so I'm and I applaud you for doing this but. We I guess we probably should the scene seeing none on the front end but thank you. Thank you fame further questions this rule without objection this rule is reviewed and approved item Combined restaurant beer and wine rule one point one nine forty two ACT six ninety one of twenty nineteen added hearts are to be authorized under the sale under the combined restaurant beer and wine permit and the sides language to allow that to occur. Member saying no questions without objection is rules reviewed and approved item P. one restaurant on premises permit one point one nine five. This also goes with ACT six ninety one an added hard cider to be authorized to sell under the one restaurant on premise permit. Members saying no questions without objection this rule is reviewed and approved item Q. microbrewery restaurant distribution role one point one nine twenty seven this is actually a correction that needed to be made from ACT three oh eight of twenty seventeen increasing the barrel production from twenty thousand to forty five thousand. Which is a current limitation. Senator rice you're recognized for a question. Of thank you that I would just point out on the market copy and on the clean copy that shows online so my left zero office spelled out forty five thousand barrels but it said four five comma two places on our written copy it's corrects writers want to point that out make sure that. Cut correct and it will make sure that's corrected one way published this role is still alignment committed or thank you okay thank you. No further questions without objection this rule is reviewed and approved item our. Term is not issued within stated distance role one point three three six. This is in compliance with ACT nine eighty three where we include the term school building and define the term school house pursuant to the act within the distances allowable for a liquor store to a school facility. Member saying no questions without objection these rules reviewed and approved hi I'm S. limitation on production roll two point five four. This is also being consistent and increasing the barrel fraction to forty five thousand and including the hard cider percent two ACT six ninety one. Member single questions without objection this rule is reviewed and approved item T. label sizing container size rule two point one nine. This is an update though permit the brand label registration and in turn distribution into Arkansas products that do not qualify for a TTB Cola such as the ones described here in this update all three waxes the role for registration of beer and malt beverage products consistent with the TTB rules as they relax their rules for call us of our rules are inconsistent with the TTB rules and so this is to make consistency. Member saying no questions without objection this rules reviewed and approved item you advertising and promotional materials rule two point two eight thirteen. This is persistent consistent with ACT seven forty four to allow manufactured a sponsor provide advertise materials to nonprofit entities holding a large attendance facility permit. Member saying no questions without objection this rule is reviewed and approved have a real quick question for ya'll and we are now allowing restaurants to allow carry out liquor correct yes Sir have we seen in the replication is bad report cautions I'm assume we didn't let him carry out because we were afraid bad things would happen so now that were allowing that are you aware of any bad things that are happening. We have not been advise if any bad things that have occurred with the line of the curbside fine thank you very much. Next we have the department of finance and administration office of child support enforcement. Someone would come forward per introduce yourself and presenter rule. And next we'll have the department of health local public health. If you would please introduce yourself and you may present to roll barber Williams an amendment a straighter DFA office of child support enforcement carefully Bossard divisional council department finance ministration of the child support enforcement. Thank you may go ahead thank you I'm over here today on an amendment of our existing policy manual which guides our staff in implementing the child support program as well as provides information to the our customers and the public regarding the services they can expect from from our agency as I said this is an amendment of our existing manual it has been substantially re organized and add four improve information flow as well as some general update after the language there were five points that were substantive changes related to internal processes I suspending at enforcement activities in limited circumstances implementing cooperation for recipients of supplemental nutrition assistance program with the child support program in relation to act in forty three of two thousand nineteen providing some clarification to staff regarding use of administrative remedies as a priority as well as Guidance to our staff in situations in which modification of a child support obligation may be appropriate related to ACT nine oh four of two thousand nineteen and finally there was a an amendment of existing I'll language related to win the agency may initiate case closure. Members saying no questions from without objection this rule is reviewed and approved thank you thank you. Item ten department of health. center for local public health next department of health facilities services. Thank you Mr chair members of the committee on large you I'm general counsel for the department of health and our first rule up on the agenda is for general sanitation these rules were amended pursuant to ACT seven oh eight it added a section to comply with act seven oh eight concerning improvement district connections dealing with water and sewer for municipal utilities are staff met with stakeholders back in April immediately after the session and I had a consensus with the municipal league in Arkansas and association of Arkansas counties and the sponsors right after the session to determine the intent of the act after and discussion of the tax to the language was agreed upon and and they had a consensus and after these meetings they added the language to comply a dealing with the improvement district it also added a civil penalty of a thousand dollars for a violation of the rules to update the language to reflect the current law under the statute and also reflected wording and title fourteen concerning the distance between the building and the public sewer system connection we had one of public comment after the public hearing in October and at the concerns were complied with and and we have no further questions and we would ask that this will be reviewed and approved. Members have seen no questions and without objection this rule is reviewed and approved thank you. Or her item eleven. That you also. Yes please introduce yourself first thank you my name is Rebecca Bennett on the section chief for health facilities services with the Arkansas department of health I'm here to present the home health agency rules as well as the private care agency rules in two thousand nineteen ACT eight eleven was passed which required the formation of a rule working group to revise the private care agency rules in Arkansas specifically they needed to be corrected to Defined a supervisory visits to establish a one hundred mile service area and to not require a registered nurse to make sixty five day interval visits to a patient's home. The role working group worked very hard to revise our rules and they made suggestions which included replacing the term plan of care with aid assignment sheet replacing practitioner with supervisor. Bridge replacing survey intervals from periodic to no more than three years. Replace registered nurse with a qualified practitioner practitioner and to define client in the definitions as Medicaid eligible recipient. Her within any decline in care by changing from a professional nurse to try and change in that definition has been in the. Indications that there are the quality of care is more better worse or anything no Sir in in private care those aids and that service is for non skilled care such as high assistance with hygiene with meal preparation which is different from home health rules which is skilled care which could include wound care or a higher level of care but we have not seen any decline in the in the care offered and we haven't really seen an uptick in complaints for a member's saying no question to that objection this rule is reviewed. And approved Adam be. That would be home health rules home health rules were re structured based on the fact that in home health some agencies do provide non skilled care which would be the same as private care or personal care services so we re organized those rules to better define the delineations between skilled care and personal care to accommodate the class B. home health agencies which only provide personal care they are certified by Medicare and like personal care private care agencies which are only licensed by the state of Arkansas so we took those rules the private home health rules and aligns them as best we could with federal regulations to make it easier for the providers to accommodate those rules and easier for the surveyors to enforce the rules so when it was possible we aligned with the conditions of participation which is a federal regulation but we kept our state rules as well. Some of those examples would be skilled care we had a definition for skilled care and a services branch office which is that a requirement by CMS so we added those into our rules to make sure that it was well defined. Member saying no questions without objection this rule is reviewed in a pre approved. we're goin on the item twelve thank you very much we appreciate it. Department of health division of health related boards and commissions. If you would please introduce yourselves and will go down the agenda there and take them item by item so we're on item a. Good morning Mister chairman and committee I am Mauri may hand the director of the Arkansas state board of chiropractic examiners I have with me my board secretary Dr center Hades. So per item AT the animal chiropractic ruled. This rule is simply to reinforce the requirements under the Arkansas. I veterinary medical boards exempted role where chiropractors can practice on animals without direct supervision of a licensed veterinary Dr And with that we haven't we did not get any comments or concussions about the role I believe the of that board is also okay with it according to their director so. We can always trust them. Members anyone have any questions. Seeing no question without objection item a is a reviewed and approved Adam be. Of the next one is for the preceptors ship roll this role is with regard to it's being promulgated due to the Due to the act that was passed in twenty nineteen for the press preceptors ship Program of this language was brought to us by one of our licensees who works at the VA he would he is trying to get the program instituted into the VA here in Arkansas so that students from chiropractic colleges can do their internship at the VA and this also encompasses are local chiropractors as well so that students can come into the smaller clinics and precept with those licensed visit back her party positions as well. And this we did not receive any comments against or for so. Member saying no questions without objection this rule is reviewed and approved. On the items she. Item see is that pre licensure criminal background check waiver request. this rule is being promulgated. DO two ACT nine ninety of twenty nineteen this will. Allow licensees to petition the board for a waiver request on their background history if a fall within the guidelines of possibly being Not given a license I can request a waiver to waive their background history if they meet the requirements this role is also been vetted through the AG's office and I believe the governor's office we received no additional comments on it. Members saying no questions without objection this rule is reviewed and approved item D. E.. This item D. is are I'm a rule amendments on our rule one rule two and rule three it's the main amendments are changing the term regulation to roll according to ACT three fifteen and ACT nine ninety which requires us to also remove the terms. Moral turpitude and similar language like that we also with the board felt it necessary to also update some additional rule sections within rolls one two and three If you want me to go through those one at a time I can. serve the. we are updating our national board exam to include the national park for That all states are now requiring we're adding electronic receipt of transcripts where as we were only receiving we mailed copies which currently helps us right now during the pandemic because all schools are closed and so these are just email electronic copies We're updating our exam our national exam language for our our jurisprudence as sandwich it's it's an open book exam We're also updating some of our Advertisement rules to include additional terms for clarification. And then we're also adding a section. two are acupuncture of role. For clarification on advertising in that. Members five C. no question so without objection this rule is reviewed and approved item E.. I am E. is the reciprocity role. This role is being promulgated due to act for twenty six and ten eleven of twenty nineteen this will Allow an individual add to be credentialed to work in Arkansas if they'd generally demonstrate the skills ethics required by the state law based on the individual's experience and credentials in another state this role has also been vetted by the AG's office and I believe the governor's office as well. Members A senator rice just quickly not on this item but I've lost track is is chiropractic. Currently open in Arkansas yes Sir. Was it restricted until a certain time eight it have limitations over the last month and a half but they have since been. Given a little bit more to bring back in the regular patients doctor he's may want to chime in on this one but with restrictions with wearing masks and sanitizing and stuff like that I understand okay thank you Mr. Members saying no further questions without objection this rule is reviewed and approved. Thank you very much thank you. Department of health. Related boards and commissions inside a number thirteen. After this fits the department of health and pharmacy services and drug control. Hi if you would please introduce yourselves and presenter rule I'm doctor John robin that with the Arkansas board of podiatric medicine we've got a number of compliance changes are proposals most of which we've used the AG's propose language our schedule to narcotic language mirrors the medical board there was no public comment and I don't think any of this is controversial at all. It. Members you have any questions and saying no questions without objection this rule is reviewed and approved thank you thank you thank you. Item fourteen of department of health pharmacy services. Floor shoe general counsel for the department of health for the controlled substances list we are presenting some additions and schedule one and schedule six we are also adding some language to comply with act five oh four of twenty nineteen which will comply with the intent of that ACT to amend the language dealing with T. H. C. and C. B. D.. We're also adding some synthetic CAD cam awaits that were asked to be added by the state crime lab as items of concern and to schedule six and we had a public hearing in September of twenty nineteen and we had no public comments and we would appreciate this rule being reviewed and approved. Members I see no questions and so without objection this rule is reviewed and approved thank you. Item fifteen department of Human Services county operations. Thanks chairman mark what would DHS I would have for you today is the program manual for the community services block grant this grant results about nine point seven million dollars flowing through DHS to community action agencies around the state to help alleviate help poverty and FOR most self sufficiency in years past we have promulgated this manual every year in conjunction with us to the state plan explains how will use those funds and we recognize that create a lot of duplication because as you might expect much that manual doesn't change from year to year so what we've done is we've separated out that manual and so we're promulgate is separately today still be a standalone document and will only only come back to you if they're changes to that manual at the same time we do makes do some clean up changes in the manual also made other changes to bring it in compliance with changes in federal law but just bring that to help hopefully reduce of a workload on both our part in your part you know that be glad to answer any questions. Member saying no questions without objection this rule is reviewed and approved thank you thank you Mr chairman. And we have a department Human Services medical services. And the next we have to Medicaid rules market thank you know my introduce yourself again just from his record yes Sir Mr mark white DHS. And being joined by ms man allowed her interests or self initial present these two rules. good morning Janet man the director of medical services DHS thank you want to start with item may. Yes Sir I'm we have to rules today the first one is obstructed. OB billing role what we've done actually I'm wrong going to go to a a sees first I've got a mixed up. This is a rule coming before you which is a combination of more than a year of work we are all removing billing codes from the manual and adding a link so that they can be updated every year and then we are bringing the codes current said this will allow us to update those codes annually very very quickly and then be able to build correctly the first time. Member saying no questions without objection this rule is reviewed and approved item be. Yes Sir this is billing changes to the global A. B. rule working with the medical society over the past six or seven months we have changed our billing system to allow the global billing for the bees if the beneficiaries change categories of eligibility during the pregnancy currently it's a manual process and this will allow it to be done like chronically. Members seeing no question without objection this rule is for reviewed and approved thank you thank you Mr chairman. Urban labor licensing state board of public accountancy item seventeen. If you would please introduce yourself and then we'll go right down the list starting with number Hey Adam may I good morning my name is Jimmy Corley director for the state board of accountancy. Item a there is simply change the term regulations to rules to comply with act three fifty and twenty nineteen thank you Mr Johnson. Without objection then this rule is reviewed and approved B. ida B. is very similar that were also have the term regulations were changed that to rules to comply with act three fifteen thing no questions that objection this rule is reviewed and approved items city Adam C. involves a CPA examination this change will relax requirements so that candidates can take these and more than once per quarter at Prometric testing center. this is a nation wide efforts to allow states more flexibility in trying to get their credential. Member seeing no question without objection this rule is reviewed and approved item the. Item these rule ten are registration this has to do with ACT nine ninety twenty nineteen we're transistors comply with the new language in that act mainly getting rid of the term moral turpitude and referring licensee's or potential licensees to the correct statutes if I want to seek a waiver from the criminal criminal issues the past. Member saying no questions without objection this rule is reviewed and approved. Item E. role thirteen concerning education for CPA's this change came from the Arkansas society CPA's to give CPA's more flexibility and getting their CD credits which is forty hours year for us and so we've agreed to make those changes Perfect to retract about the January one twenty twenty. Member saying no questions without objection this rule was reviewed and approved item F. item if Israel fourteen quality review this rule changes necessary because back to same date back and twenty seventeen which change for the change if you are programs to peer review requirement and so we're work scaling almost on a quarter of you except for compilation reports the remainder of a test report was audits reviews fodder peer review and so that the sestet a pretty large scale back of of this rule. Member saying no questions without objection this rule is reviewed and approved item G. E. I. Angie is real twenty one pre licensure criminal background petitions is also active ACT nine ninety twenty nineteen this gives potential future CPA's an Avenue to petition the board to see if there criminal history would prevent them in the future from obtaining a CPA license we had to buy take advantage of that yet to your knowledge and well. Unofficially price five times my ten year that then people who with a major issue to come the board and has been no official guidance and so it kind of told them yeah we think keep your nose clean come back to this should be fine but when this comes in we have an official. Assess it'll give them more confidence with the board tells them about their future so I think this is a very good very good rule I do too thank you members single questions without objection this rule for reviewed and approved thank you very much thank you. Department of public safety division of the Arkansas state police. Next is the public service commission. Ron item eighteen members. If you would please introduce yourself and we'll start with the item a. Mary Claire maclaren with the Arkansas department of public safety Arkansas state police I'm staff attorney we have two sets of rules here today. Item eighteen a and eighteen be they're essentially the same rule more or less it's to comply with act eight twenty of the previous legislative session this would allow the first one eighteen a is for use motor vehicle dealers the second one is for private investigators security agencies for the record we need to do in one of the times to speak on our way we'll sure there is item a is for the use motor vehicle dealers it will allow us to expedite licensure FOR certain military affiliates thank you members saying no questions without objection this rule is reviewed and approved item be. An item be is for the private security. Officers a best Gators alarm installers and that section of our agency and it additionally will allow expedited licensing for a certain military affiliates in accordance with ACT eight twenty. Members saying no questions without objection this rule is reviewed and approved thank you very much thank you. Public service commission. If you would please introduce yourself and you may present your rule. Rick leaper staff attorney for the Arkansas public service commission. I'm here to present the commissions and to spoof in rules. Which were implemented according pursuant to act six seventy seven an ACT ten seventy four the ninety second General Assembly. These are designed to prevent spoofing which the FCC is defined as one a phone call deliberately falsifies the information transmitted to your color the display to discuss as their the entity. What this act requires is for the various telecommunications providers in the state of Arkansas to submit an annual report. To the public service commission that they are complying with the most up to date technological solutions to limit this practice. Members saying no questions and without objection this rule is reviewed and approved thank you for. On members Adam twenty Arkansas teacher retirement system. Click road use yourself only to go through these one the times will start automated absolutely good morning Clint Rhoden Arkansas teacher retirement system. If you may begin with Adam may all right item a is rule six a terrace reformatted and reorganized seven current a terrace rules into this one rule for consistency and professionalism in addition we added language worse necessary to incorporate changes from the two thousand nineteen legislative session. Be a. I'll start with we added a definition for administrator under the act for twenty seven technical corrections of teacher retirement system. We additionally added a chart to illustrate the in service legislation chronological order regarding concert contributory non contributory service and replace the narrative in that rule with the chart be consistent with act two ninety seven of two thousand nineteen. Of that is the highlight of the substitute ages that rule if there's any questions I'll be glad to take. Member saying no questions without objection this rule is reviewed and approved item be all right. Item be is rule seven reporting an eligibility this rule also added language that was due to the two thousand nineteen legislative session including ACT four twenty seven five ninety four and five ninety five of two thousand nineteen Act four twenty seven added a clarification of the final average salary to make sure that it would include what exclude excuse me partial years of service. act five ninety four made it clear that the employer contributions would come from the same source that being the adequacy funding process. And that includes the sub substantive changes I will be glad to take questions. Member saying no questions without objection this rule is for the stand is reviewed and approved. Adam city item see is rule eight purchases and refined this rule had a an explicit reference to twenty five dollars as the demented this amount for contribution refund tech sector and that not amount has been replaced with the term to minimus and that is set by the board and that is the only change that rule thank you members saying no questions without objection this rule is reviewed and approved item D.. All right item de is rule nine retirement benefits of we reformatted an organ reorganize seven current ATS rules into this one rule for again consistency professionalism and added the necessary changes to the two thousand nineteen legislation of. The first act that we incorporated was ACT five ninety five of two thousand nineteen that allowed a that if a member has occurred a accrued a full year of service for fiscal year that member's retirement begins July one of the subsequent year. We also included language from ACT two oh nine of two thousand nineteen to allow the a terrace disability retiree to return to work for a covered employer and still receive disability requirement as long as employment is less than eighty days that was a change from forty days prior. I'll take any questions. Who member saying no questions without objection this rule is the standard for viewing approved item E. all right I to me is rule TN regarding the D. drop and returned to service of act two ninety six of two thousand nineteen clarify the calculation of plan deposits under the T. drop program This act two ninety six did not affect the current benefits of TI dropping just clarify that. I'll take any questions members thing no questions without objection is rules reviewed and approved the item F. all right item F. three formats in Rio organizes for current a terrace rules into one for consistency and professionalism we added of language to coincide with two thousand nineteen legislation starting with act two in to ten of two thousand nineteen which allowed a deceased members dependent child to receive benefits until the age of twenty three if the child remains in school and ACT four twenty seven with ours to our technical corrections bill back clarify the definition of final average salary to include the high salaries of a member in the state's fiscal year and plus we added language to make sure that it was clear that a deceased member spouse will receive the members accumulated contributions plus interest if they waive the spousal annuity. Any questions number saying no questions without objection this rule stands is reviewed and approved thank you very much thank you. Members our next move on to D. and we have some rules that are recommending an expedited process and procedure for occupational licensure as you recall ACT eight twenty allows an occupational licensing entity to submit proposed rules recommending an expedited process for licensure of active duty service members returning military veterans and their spouses instead of automatic licensure under the act when agencies recommend an X. expedited process the rules have to be reviewed at least thirty days before the public comment period ends then reviewed and approved after the public comment period sends this stage of the preliminary review prior to public comment period and only requires review by this subcommittee. And we will have someone from the agencies come forward and they will introduce themselves to present the rules will start with item one the department of agriculture. And if you would just state your name and you may present zero. Wait Hodges legal counsel for the department of agriculture and as chairman stated this is the Arkansas water well construction commission to rule to provide FOR expedited licensure for the military applicants the commission went with the expedited licensure as opposed to the automatic licensure because We felt like that provided a better path for the applicant's under automatic licensure there automatically licensed if they are in good standing and their licenses substantially equivalent sometimes that could take a while to get information from the other state to make sure they are in good standing or that their licenses substantially equivalent expedited licensure will allow the staff to do whatever our staff needs to get that license in place so the the commission chose this language because I really felt like it was a more expeditious path for the applicant. Thank you Representative cove are Cozart you're recognized for a question. Yes Sir thank you Mr chairman how long does your expedited Lawson's usually takes a look for for this person can start actually working. You know that could depend on the the individual applicant if expediting it means we need to get this person this particular test for this particular information we'll move on that just as quickly as that individual needs is if we need to set A special test date up for someone we're talking a matter of days okay thank you thank you Mr. Senator Hendren you're recognized for a question thank you Mr think represent Cozart got to the root of mine because I I just think it's important for us all to know that the reason this provision was put in there about automatic licensure is because we waited for a year to to get this expedited licensing process done and it had gotten done. And I think again the automatic licensure was kind of the tool to save you guys are gonna do what is gonna license on and so to represent Cozart it didn't do any good we have an expedited licensure but still you've got members waiting months and months and months and months so I think we'll be asking that of everyone that comes before so these expedited licensors and then we'll be looking to see that it really doesn't take that kind of time for people who are already licensed in other states thank. Thank you and seeing no further questions this rule is reviewed thank you. Number two department of health. Health related boards and commissions. If you would please introduce yourselves we are to have two parts here A and B. let's start with item A so go ahead introduce yourselves thank you Mr chair on the executive director of the Arkansas state board of pharmacy John Kirtley. Brenda McCready the assistant director of the Arkansas state board of pharmacy. And may up first of all with number one what we've done is instead of having specific areas of the licensure process or expedited process in each rule four pharmacist interns were technicians we've had it in rule you'll see in a moment on number two since nineteen eighty for expedited licensure but we've added this into the overall rule for the overall run to the board of pharmacy in rule one so the pasta all potential licensees and permit holders are individuals. Member saying no questions than this rule stands as reviewed. Item be yes in rule to what we're doing is we're just deleting the specific armed forces certificates language that has been in there since nineteen eighty cents were actually putting it in rule one to apply to everyone not just pharmacist we've done expedited licensure for all uniforms service not just arm service but uniformed service personnel for years but we are putting that officially enroll one and taking it out of rule to. Members saying no questions this rule stand is a review review thank you thanks Sir. Thank you for the department of health health related boards and commissions you'll have another one that you know. If you would please introduce yourselves and you may present to real Mr chair it's Matt Gilmour part of health okay miss Nancy were than here with the board of physical therapy. Okay yes okay this is to ads sure rules to expedite licensure for military personnel. If you have any any. Questions or comments can you explain to me what exactly what this does for fiscal therapies is this just for therapists to extradite them is pretty straightforward yes is for physical therapists and physical therapist assistants for us to expedite their license currently it does not take long to issue a license. For a reciprocity however we recently started requiring background checks so it is taken in just a little bit longer for that okay. Senator Hendren you have a question over here to get out so again how how long is an expedited process versus somebody's starting from scratch. A. Well let me just go back currently once we receive everything we issue a license will not currently before February twentieth. For the background check we issued a license within the two days two business days the background check is taking a little bit longer we just are requiring that February twenty eighth so is is speeding up a little bit better it's it can take two three weeks to get a background check back. So basically. Two or three weeks is the most likely scenario so we're looking at this yes it's getting getting to that at first wave first of every twenty if it was a little slower process but now we're working with state police and and probably about two three weeks is what we're starting to see now now also in our rules were still in the. In the process of putting temporary permits. And so that you know if a person wants a temper permits we can do that pretty much immediately. Okay thank you you may not be aware so on yes or no will do it for a long time we've discussed background checks that were electronic are you I don't guess we're doing that yet still not yet okay. Thank you members I see no further questions so this rule will stand this review thank you thank you thank you. Murdock item for department of labor licensing division of occupational professional licensing and could and commissions. And if you would please introduce yourselves and you may proceed. It pressure but I'm sorry good morning I'm Diana Piasecki I am the director of the Arkansas appraiser licensing and certification board. And my name is Marcus divine associate counsel at the department of labor licensing thank you go ahead presenter row thank you of I'm here to present the ACT eight twenty amendments for the appraiser licensing and certification board A we added definitions for both returning military veteran and expedited credentialing and for us expedited credentialing an expedited credential shall be issued within five days of the receipt of a complete application and we chose that because it mirrors are federal requirement now to issue temporary practice permits. and we've added a section of the requirements for the issuance of an appraiser credential for returning military veterans and spouses and with that I'll be happy to answer any questions or how long as you know often we say when you have an accurate completed application and sometimes it takes awhile for our boards and commissions to get back to people and tell them it's not complete do you have a process in place for letting people know it's not complete that happens within you know a day it happens within a day because we do have that five day limit to issue the credentials so I want I want to make that five day limit every day that I every time that I came for okay members saying no questions without objection this rules approved thank you thank you Sir. Rodham five labor licensing. This is the elevator safety board. Marcus divine associate counsel for the department of labor and licensing I'm not to be redundant but we have the same issue the expedited process we do in answer to the question that senator Hendren raisin that Representative Chris sort raised it does take about seven to ten days on to do the expedited as it currently stands with this is a relatively small program we have forty four elevated contractor licenses that we have in existence now so it's not a very broad program but it is important obviously every elevator has to be properly addressed and need to have a proper contractor that works works on it next will be do so for public health and safety we did move forward toward the expedited as Prost as opposed to the automatic and with that expedited we did right language that reflects the idea of substantially equivalent licenses from other states and so that's where we are now it relatively small program but we do I think this is important for health and safety absolutely members I see no questions and so this without objection this rule rule will stand as review thank you. Item. Six which is department of labor licensing of this if FOR professional engineers and surveyors. leave mark is divine again for the department of labor licensing and. Good morning this is heather Richardson with the Arkansas board of professional licensure for engineers and surveyors on the director we're here today for the initial review of on the boards military rural. We currently have an expedited licensure for all licensed types that's two weeks and the difference on this one will be that are professional engineers are engineer interns and our surveyor in terms will all be automatic and the professional surveyor exam requires expedited because they will need to take the Arkansas state specific exam. Correct members in passing no questions so without objection this rule was reviewed thank you thank you. Number seven where the part of labor. Of the state board of public accountancy. If you would please introduce yourself and you may present to roll good morning again Jim according to state board accounts the answer as a director. We weren't sure what to do with this building a house with you back in twenty fifteen there was a similar bill that. Question there were made required agencies to. Past rules that expedited military veterans in our spouses so we did that pretty quick after this session and that's our border on nineteen and so the bill didn't address what to do with boards that already had done that rulemaking and so talk about legal counsel with side well let's just. Go before and make a few changes and make sure there's no question and so that's why we're here today to make a few modifications are rule just which in the order of ten per license or purses expertise expedite licensing at to clear that temper licensure is a part of that expedition process and so with that I'll take. This is to offer for a licensee license is what the lady makes a minute ago background checks take about two three weeks normally covered nineteen it's quite a bit longer but use we can have someone licensed in two three weeks in your term getting a temporary. Temporary license is but soon to get proof of their losses somewhere else it's immediate occur. Member saying no questions without objection this rule stands as review thank you. Members are finalized I'm on the agenda by the agency updates in accordance with ACT five seventeen of twenty nineteen in lieu of requiring agencies to physically appear this month and to present these updates requested they submit letters with status updates you have the you have been emailed these letters and also you have the mind your packet. Without objection we will review and file those letters it's our hope that all in future meetings we can proceed with having director here to answer those questions. Through the individual. So we're gonna. What members with that we are JR.IN thank you what starts out we have a question senator Irvin I apologize that and see a pop up they're going to. And thank you Mr chair no I just think Senator Hendren had asked some good questions but I know no one's here to hear us but it was really important the work that we did on that bill for military licensors and occupational licensing for those military spouses particularly and so we're just glad that we lit a fire under the agencies and good work by the legislature there is a matter for everybody thank you. Members any other comments or questions. Without objection we are well we are Jr. Inspection.