Said in CommitteeBeta

Exactly as spoken.

House Public Health Committee

February 17, 2011
Video Transcript

Bills discussed (9)

Bill Title Sponsor Status
HB1279 · 3 mentions in chapter, transcript
Matched: “HB1279”
Pre-2017 bill
HB1398 · 2 mentions in chapter, transcript
Matched: “HB1398”
Pre-2017 bill
SB130 · 2 mentions in transcript, chapter
Matched: “…he members that just came in. We've already, we just passed Senate Bill 130. Is Representative Hickerson here to present House Bill 142…”
Pre-2017 bill
HB1247 · 1 mention in transcript
Matched: “…presentative Nichols has asked that we skip over his bills. House Bill 1247 is going to go to deferred.”
Pre-2017 bill
HB1324 · 1 mention in chapter
Matched: “HB1324”
Pre-2017 bill
HB1425 · 1 mention in transcript
Matched: “…enate Bill 130. Is Representative Hickerson here to present House Bill 1425?”
Pre-2017 bill
HB1428 · 1 mention in transcript
Matched: “…ntative Hutchinson here. Is there anyone that's here to run House Bill 1428 or House Bill 1431? Okay, it looks like we're done with the…”
Pre-2017 bill
HB1431 · 1 mention in transcript
Matched: “…here. Is there anyone that's here to run House Bill 1428 or House Bill 1431? Okay, it looks like we're done with the agenda. Is there a…”
Pre-2017 bill
HB398 · 1 mention in transcript
Matched: “This is House Bill 398 is a bill dealing with who has responsibility”
Pre-2017 bill

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Representative Jon Woods Chair Unverified 0:00
Down the list to Representative Leading next. And Senator Malone, you are recognized to present your bill. Thank
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Senator Percy Malone Unverified 0:08
you. Thank you, and I'll extend the same courtesy, and I appreciate it for you when you come down to the Senate. This is a agreed upon bill between the health care providers and physicians, dentists, and others that write prescriptions, and what this bill, it amends the bill that we passed several years ago to allow pharmacists to do immunizations. Number one, it reduces the age from 18 to 7 years old for flu vaccines. Number two, above 7 years old, pharmacists on a direct order from a physician and a protocol can administer by injection other pharmaceuticals. It will help immensely, we think, and especially in rural areas for people to get immunizations and children now above 7 years old under protocol of a physician. That's it. I appreciate a good vote. Are there any questions from the committee members?
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Representative Jon Woods Chair Unverified 1:05
All right. Is there anyone in the audience to speak for this piece of legislation? Anyone here to speak against? What is the will of the committee? Okay. I see a motion for a due pass. All in favor say aye. Aye. Those who oppose. Motion passes. Due pass is approved. Thank you. Thank you, Senator. Representative Nichols has asked that we skip over his bills. House Bill 1247 is going to go to deferred. Representative Letting, would you like to present House Bill 1279? Okay, thank you. Representative Letting, is there an amendment to this bill at this time? I'm just curious if there was. Is there? There was. We did a member zone. Oh, okay. All right. Thank you. It's engrossed. Okay. Thank you. You're recognized to present your bill.
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Representative Greg Leding Unverified 2:09
Thank you. Thank you, Mr. Chair. ladies and gentlemen on the committee this is House bill 1279 we discussed it last week we did amendment to address concern from a few of the members we struck out some language that there was some concern that it appeared contradictory and at the request of representative Narts for the less than custody status that we discussed DHS has agreed to keep a log of how and when that is used for the first six months and then report back to the committee so we know how they are using that do keep in mind that that won't actually start till about July because this law won't go into effect about then, so we probably won't hear back till December after the first
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Representative Jon Woods Chair Unverified 2:51
six months, but they've agreed to do that. All right. Are there any questions from the committee? I see Representative Lee has a
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Speaker 13 2:59
question. Representative Lee, you're recognized. Actually, more of a comment, I guess. This, to me, is good committee work, and I really appreciate that, vetting a bill and having the sponsor go back and the sponsor themselves go back and make the adjustments and meet the needs of the people in the committee to make it comfortable. And I have a motion at the
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Representative Jon Woods Chair Unverified 3:20
proper time. Thank you. Thank you, Representative Lee. Is there any other comments from the committee at this time? Is there anyone in the audience to speak for this bill and speak against? I see a motion from Representative Allen for a due pass. Correct, due pass. Okay. All right. Chair sees a motion for a due pass. All in favor say aye. Aye. Those who oppose, congratulations, Representative Letting. Your bill has passed. We are next on the agenda. We have House Bill 1398, Representative Wilkins.
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Representative Butch Wilkins Unverified 4:16
You may present your bill when you're ready. Thank you, Mr. Chair. This is House Bill 398 is a bill dealing with who has responsibility for what in the care of patients. It demands that nursing homes contact or facilities contact the guardian or whoever's responsibility for the patient in the facility. It lines up with federal law is the main thing it does. This bill lines up with what is current federal law. It's a good bill, and I appreciate it. I'll take questions, anyone, but I appreciate a good vote.
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Representative Jon Woods Chair Unverified 5:07
Thank you, Representative Wilkins. At this time, there is some information being passed out to committee members. I'm going to just kind of slow down for a few seconds here and let that get out. That might even address some of the questions that we have. But we do have several questions already, and I'll go ahead and recognize Representative
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Speaker 22 5:30
Penards at this time with the question. Thank you very much, Mr. Chair. welcomes I think my concern is probably answered by this
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Representative Tracy Pennartz Unverified 5:39
handout I was concerned that you the title talked and the subtitle talked about removal of fines for violations but I see based on this other subsection or title 2010-206 that this does address my concern about the fact that there are viable penalties or fines much more impactful than the thousand dollars there that's actually in the code so I think I appreciate you doing that and this is very helpful this information that you've handed out for the committee to look at and I
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Representative Jon Woods Chair Unverified 6:23
appreciate it thank you mr. chair thank Thank you, Representative Pinarz. Next
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Representative Charolette Wagner Unverified 6:33
I see a question from Representative Wagner. Thank you, Mr. Chair. I noticed that the change in the fines is quite considerable. And for example, on page 1, line 34, moving a patient to a different room, it seems like an excessive fine for not notifying immediately concerning that. Some of the other things such as injury and so forth I can see, but it just seems a little excessive in the fines now. We've gone from $1,000
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Speaker 36 7:21
to on some of these $5,000. Do you have any response
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Speaker 37 7:28
to that? Yeah, yeah, go ahead. I'm going to let someone introduce yourself.
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Speaker 38 7:34
Thank you, sir. Ernest Cunningham, the Arkansas Health Care Association. Thank you, Representative Wagner, for that question. Really they were going by the code anyway. This is an antique law that the $1,000, the DHS had two recourses. They could either go by the code or they could go by this bill. They've been going by the code, which
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Speaker 40 7:58
has a fine from $500 to $2,500, up to $5,000. You can lose your license if you're a serious violator. But the idea is to just combine this into one, and everybody will know exactly what we're talking about. And I think it's adequate. If it's a minor infraction, it could be $500. If it's a major, you know, it could be much more. Is there a possibility there could
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Speaker 42 8:25
be none? I'm sure that there is. I
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Speaker 40 8:28
mean, do you have that flexibility? I think they do if that's – if it's something just very, very minor. But most of the time, they wouldn't be citing you if it was a real, real minor incident. But if it's a serious thing, we want to – the patient's family
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Representative Charolette Wagner Unverified 8:47
needs to be notified. Right.
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Representative Jon Woods Chair Unverified 8:50
Thank you. Thank you, Mr. Chair. Thank you, Representative Wagner. Next, I see Representative Mayberry,
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Representative Andy Mayberry Unverified 8:58
you are recognized with a question. Thank you, Mr. Chair. On the second page, line one, part of the language that is stricken said that any person who does not comply with this subsection would be liable for the fine of $1,000. And we've now changed that down on line seven to a long-term care facility that does not comply with this is subject to the fine. So in effect, we are moving this away from an individual responsibility to responsibility of the facility? Yes, sir, and that's the way it's really been enacted anyway. When
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Speaker 40 9:31
carried out, the facility was the one that was responsible. It wasn't just a nurse or somebody. It is the facility. So in the past, even though
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Representative Andy Mayberry Unverified 9:40
it said a person, it was actually the facility that was subject to the fine or paying the fine?
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Chair Unverified 9:46
Yes, sir, that's correct. Thank you, Representative Mayberry. Representative Ward, you're recognized.
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Representative Andy Mayberry Unverified 9:56
Thank you, Mr. Chair. I know that this law governs those state-run long-term care facilities, but what about those facilities, those so-called private facilities that also that are licensed by the Department of Long-Term Care but does not receive state Medicaid or they are just simply private facilities? Will this law also impact the way that they operate as well?
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Speaker 38 10:20
You know, Mr. Warren, I can't answer that. DHS is here. I'm thinking if they are subject now to a fine, they would be ñ it would apply to them, but Iíd rather for them to answer that.
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Speaker 52 10:42
MS. Good morning. Iím Carol Shockley, director of the Office of Long-Term Care in the Division of Medical Services. And yes, sir, this law would apply to all licensed facilities, regardless of their funding
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Representative Jon Woods Chair Unverified 10:54
base thank you thank you representative word and next I see a question or like to recognize for everything worth
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Representative Jeff Wardlaw Unverified 11:07
off thank you yes sir thank you mr. chairman
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Representative Jon Woods Chair Unverified 11:10
I just like to make a motion at proper time okay thank you and
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Representative Billy W. Gaskill Unverified 11:20
next I'd like to recognize representative Gaskell thank you mr. what we're talking about We'll hear Butch's mistreatment of people in these long-term care. You know, they get the hell beat out of them, we don't know what done it and so forth. You know, as far as I'm concerned, I don't care how much we fined them. When you go to mistreating people like this, this is a very minor fine.
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Representative Butch Wilkins Unverified 11:47
After two or three times like this, they need to lose their license. These people are totally unprotected. Dr. Gaskell, thank you for that question. This is actually dealing with failing to notify, for the nursing home facility, failing to notify his guardian responsible people when such a violation occurs, when they are mistreated.
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Representative Billy W. Gaskill Unverified 12:06
So in other words, whenever we go into a facility and we see a patient in there with both eyes blacked and nobody's been notified, something needs to happen, isn't that right? That's right. Okay. Thank you. Listen. Thank you, Mr. Chair. Thank you, Dr. Gaskill. Let's
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Representative Jon Woods Chair Unverified 12:23
see here. Are there any other questions from committee members at this time? Is there anyone in the audience that would like to speak for the bill, against the bill? I'd like to recognize Representative Wardlaw at this time with a motion. Motion do pass. There's a motion do pass. All in favor say aye. Aye. Those that oppose? Motion passes. Congratulations, Representative Wilkins. Your bill is passed. Let's see here. At this time, we've already gone over it for the members that just came in. We've already, we just passed Senate Bill 130. Is Representative Hickerson here to present House Bill 1425? I don't see Representative Hutchinson here. Is there anyone that's here to run House Bill 1428 or House Bill 1431? Okay, it looks like we're done with the agenda. Is there any announcements or any comments from the committee? Okay, well, we're adjourned. Thank you.
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Agenda

Call to Order

0:00

HB1324

0:21

HB1279

1:41

HB1398

4:01

SB130

13:12

Adjournment

13:36

Documents

No documents posted.

Speakers

Representative Jon Woods Chair Unverified
14 segments
Senator Percy Malone Unverified
2 segments
Representative Greg Leding Unverified
2 segments
Speaker 13
2 segments
Representative Butch Wilkins Unverified
6 segments
Speaker 22
1 segment
Representative Tracy Pennartz Unverified
3 segments
Representative Charolette Wagner Unverified
3 segments
Speaker 36
1 segment
Speaker 37
1 segment
Speaker 38
2 segments
Speaker 40
5 segments
Speaker 42
1 segment
Representative Andy Mayberry Unverified
5 segments
Chair Unverified
1 segment
Speaker 52
1 segment
Representative Jeff Wardlaw Unverified
1 segment
Representative Billy W. Gaskill Unverified
3 segments