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ALC - Administrative Rules

September 17, 2026 ·10:00 AM ·Room A, MAC ·18:03
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October 2, 2026
Senator Tyler Dees Chair Unverified 2:18
right members thank you for being here today we will call our committee to order. Welcome to the administrative rules subcommittee as a reminder please make sure those who wish to have a comment, make a comment that you would go ahead and sign in in the back of the room and please be sure to specify which role you wish to comment on. We will take that sheet up momentarily so please make sure you make your way to the back if you wish to speak and members please go ahead and sign in and get to your stations so we can begin but before we do anything else let's stop let's stand and let's pray and thank the lord for today. Thank youlord thank you for today thank you for our teachers and our schools that have kicked off the last few weeks just ask you to be with them and administrators as they love our our our kids well and serve them well uhlord pray for the the wildfires that are been hitting through through Arkansas that you help our firefighters first responders to respond well therelo we ask for your wisdom and your guidance as we hope to serve people well and we hope to do that by having our eyes on you Jesus' name pray amen right members thank you again for being here we have a relatively light agenda especially compared to last few months so please stay up to date as we jump in. so we are moving to there's no reports on the front end so we'll move right into the rules we'll go to B and so this is pursuant to Arkansas code 10-3-309 and so first up is the department of agg we'll welcome you to the table. Gentlemen, thank you for being here. if you'll turn your microphones on and introduce yourself for the record. good morning
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Speaker 7 4:05
good morning matthew ford the chief legal counsel for the department of
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Speaker 9 4:09
agriculture. Good morning. I'm Andrew Fidler, state veterinarian and director of animal health in the department of agriculture.
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Speaker 10 4:13
thank you for being here you're recognized to present rule B1A thank you very much so the proposed amendment to this rule
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Speaker 9 4:25
is to remove the exemption to testing out of state swine for pseudorabbe and bruccelosis if they are coming into Arkansas for exhibition from a state that is free of those diseases in commercial swineurrently two car 194-103 exempts out of state swine for this testing if those animals originate from states that are recognized as being free of those diseases in commercial swineurrently all states are considered free of those diseases in commercial swine so these out of state swine are not required to test negative for bruccelosis and pseudorabbe when they enter Arkansas for exhibition. However, a real threat of infection does exist for domestic pigs due to the high prevalence of both of these diseases in feral hogs outdoor production herds or swine that have access to the outdoors including show pigs can be infected with swine bruccelosis and pseudorabbe, making testing requirements equivalent for instate and out of state swine by removing this exemption helps ensure the safety of all animals on
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Speaker 15 5:30
exhibition grounds. thank you for the description members any questions doctorctor Fidler, I think
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Senator Tyler Dees Chair Unverified 5:38
and Mr. Ford could you talk to us about the public comments and have you heard from our farmers what's been the reaction to this rule? my understanding
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Speaker 17 5:48
is we did not receive any public comments on this rule. OK. all right members any questions see
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Senator Tyler Dees Chair Unverified 5:53
none with that objection this rule is reviewed and approved. thank you for being here today. Thank you heartar members moving to 2
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Speaker 22 6:01
Department of Education you're welcome to join the
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Senator Tyler Dees Chair Unverified 6:11
table thank you for being here if you'll turn your
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Speaker 24 6:16
microphone on and introduce yourself for the record. Good
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Senator Tyler Dees Chair Unverified 6:20
morning Courtney Salisford, Department of Education. thank you for
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Speaker 24 6:23
being here you're recognized to present to a are the rules governing the higher education transition scholarship programme. This was a program that's been in place that was just put into code in 2025 through the Access Act. one of the big changes that was made with the codification is expanding the eligibility period from four semesters to 8 semesters. Um, this is a program that provides services for students that are becoming adult s with disabilities and preparing them for life after postsecondary education and I'm we did put these out for public comment and received no public comments. thank you for your description members any
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Senator Tyler Dees Chair Unverified 7:00
questions for 2 a see none without objection this rules are reviewed and approved thank you all right members moving to number3 Department of Health. you'll turn your microphone on and introduce yourself for the record please.
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Speaker 30 7:37
Good afternoon members thank you Charles Thompson
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Speaker 10 7:42
attorney Arkansas department of Health. ra ig Smith attorney for
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Speaker 33 7:46
Arkansas department of Health thank you for being here you're recognized to present 3 a yes sir this rule or our proposed amendments to the rules for emergency medical services. these amendments are to comply withxcts384 regarding the interstate compact as well as 863 which replaced the original EMS advisory council with the EMS advisory committeetee and then changes pursuant to a updating for the code of rules the department ran a separate public comment period for the rules and for the appendices to incorporate or accreditation manual for training programs both public comment periods were held. only one comment was received which was addressing a clerical error and these rules have been reviewed by joint public healthalth. thank you for the description members any questions for
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Senator Tyler Dees Chair Unverified 8:31
a I think the only question I have are there any fees on we'll go ahead and look at all of these A through F will you please describe if there are any fees associated with any of these changes there were no changes to any of these fees no OK thank you are right members any other questions for a see
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Speaker 33 8:57
none without objection rules are reviewed and approved. You can go to B yes sir these rules are for hospital and related institutions in Arkansas the proposed amendments are pursuant to actcts52138141,772,819,861 and 8622025 including allowing admitting authority for certified midwives permitting certain hospitals to operate retail pharmacies adding provisions for emergent blood transfusion process allowing APRNs to pronounce and document patient death as well as adding requirements according to the in oregon and genomic harvesting Actublic comment was opened on July5th ended on August4th and no comments were received and these rules have been
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Senator Tyler Dees Chair Unverified 9:41
reviewed and approved by a jointub healthalth thank you for the description members any
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Speaker 33 9:54
questions? seeing none without objection the rule is reviewed and approved see these rules are for critical access hospitals in Arkansas. The amendments are pursuant to actcts52138141772,819,861 and 862. several of the same changes as the rules for general hospitals same public comment period and no pop no comments were received and these have been approved
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Senator Tyler Dees Chair Unverified 10:17
by a joint public healthal. you had mentioned that this aligns some of these other rules is that is that a
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Speaker 35 10:23
fair description with yes a lot of the changes that applicable to rules for hospitals are also for rules for critical access
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Senator Tyler Dees Chair Unverified 10:30
hospitals so kind of streamlines the language and the the structure ok great any other questions members see in 9 C is reviewed without objection and approved d
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Speaker 33 10:43
these are the rules for private care agencies in Arkansas the amendments are to allow home caregivers that have previously received training at another employer to not have to repeat that training under Act643, revised definitions for contractors including an independent contractors and treating thems similarly to W-2 employees under Act647 we removed the duplicated certification with DhSippsquaw and added requirements for reimbursing through the medicaid program. public comment was opened on July5th, closed on August4th. no comments were received and and these have been approved by jointub healthalth as well.embers any questions
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Speaker 35 11:27
ford see none without objection ris reviewed and approved these are the rules for home
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Speaker 33 11:34
health agencies. these amendments are to add add the program of all inclusive care for the elderly the pace provider exemption under Act 144 and that entities that solely provide therapy services not reimbursed under medicare Part A as an exemption under Act849 and allow home caregivers that have previously received training to not have to repeat that same training under actct643. same public comment period, no comments were received and these have been approved by joint public
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Speaker 35 12:02
healthalth. thank you for the description members any questions for
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Senator Tyler Dees Chair Unverified 12:06
E? see none without objection the rule is reviewed and approved. Final one F these are the rules for hospice
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Speaker 33 12:17
agencies in Arkansas. these amendments are to allow or add allowances for electronic medical records under Act 141 allow private professionals to provide complete billing project review and approval under Act591 and change the name for additional hospitals locations from satellite office to alternate delivery site or multiple location utilizing the same terminology as ascms these had the same public comment period as before no comments were received and have been
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Senator Tyler Dees Chair Unverified 12:48
approved by joint public healthalth. thank you for that description members any questions for this last rule? seeing none without objection
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Eric Wake-Aster Unverified 12:57
the rules reviewed and approved. thank you for being here today. thank you members moving to4 Department of Human Services division of medicalicalervices thank you for being here today
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Speaker 43 13:19
if you'll turn your microphone on and introduce yourself
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Senator Tyler Dees Chair Unverified 13:24
for the record. Good morning Elizabeth pittman
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Speaker 44 13:27
division of medical Services thank you you're recognized to present forA. today I'm presenting a rule for the signature authority for diaabetic shoes and shoe inserts this rule is being passed pursuant to Act431 of2025, which required Medicaid to cover diabetic shoes and shoe inserts and to allow for physician's assistance and APRns to sign for them. We already covered the product and so what this rule does is expands the signatory authority to include physician's assistants and APRns and happy to take any questions thank you for your
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Senator Tyler Dees Chair Unverified 13:55
description I believe Senator Philpo you're recognized for a question Senator flippo No? OK. right members any other questions on signatory authority on diabetic shoes. Senator Flippo nothing? OK. right. thank you for the description with see No? OK. right members any other questions on signatory authority on diabetic shoes. Senator Flippo nothing? OK. right. thank you for the description with seeing no questions without objection the rules reviewed and approved. thank you thank you all right members going to5 Department of Public Safety division of Arkansas State Police. thank you for being here gentlemen if you'll
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Eric Wake-Aster Unverified 14:35
turn your microphones on and introduce yourself for the record. good morning my name is Eric Wacaster and I'm
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Eric Wacaster Unverified 14:41
the chief legal counsel for the department of public safety. M morning. I'm Sergeant austin Ley currently assigned of the PS
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Eric Wake-Aster Unverified 14:49
security division as the administrator thank you for being
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Eric Wacaster Unverified 14:56
here you're recognized to present ive a. Act678 of the last general session allowed for the issuance of electronic identification cards for the commission security officers and commission school security officers in the P security division that required a few rule changes to accommodate the use of those electronic licenses the division was proactive and took the opportunity to go through those licensing rules and did a little housekeeping up and updates where were needed the updates serve to improve the clarity of the program align the rules with the legislation and current technology, the operational practices inside the industry and then to reduce any unnecessary burdens on the applicants and licensees. we've received no public comment during the posting period and I'm happy to answer any questions thank you for the
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Senator Tyler Dees Chair Unverified 15:38
description.embers any questions for five a seeing none without objection the rule is reviewed and approved. Thank you for being here. all right members we are moving to see and this is the section related to the outstanding rulemaking from the 2023 session and as a reminder these are this segment is for when agencies have not completed the rules have not gotten them to us from the 2023 session so they have to give us report outs every agency stands available and ready if you have any questions for them we can call them up if needed if you want to get an update on those but I do want to stop and say something that we don't normally say at this segment because it has been a little bit of problems and I I want to make sure all agencies are listening to this your updates are due on the first of the month. and there has been a problem with some agencies not getting that turned in on time and what that does is creates a backlog for our staff and for our team and they have to constantly babysit getting back from you when you're already late on these rules and so this is honestly just a a heads up that the coachchairs and I have been talking about we won't continue to put and allow you to be late on turning into the staff and having to baby sit on already outdated rulemaking process and so if it's not turned in and ample time by the first of the month it'll be listed as not available, which means we'll probably start calling you up and and asking you what's going onstead of babysitting you and giving you ample time so please take this as a heat of warning that it won't make it to the agenda it won't make it to the updates and we have a few agencies that stand out worse than the others so please make sure you get that in to staff by the firstt thank you right members any other questions for agencies on these seeing none there's my hand slapping on C d you see that as well we have updates that were in your packets in your reports that were listed out there any questions ond seeing none thank you agencies for those updates seeing no further business no questions thank you for being here we stand adjourned
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Agenda

A. Call to Order

2:16

B. Rules Filed Pursuant to Arkansas Code § 10-3-309

3:34

C. Agency Updates on the Status of Outstanding Rulemaking from the 2023 Regular Session Pursuant to Act 595 of 2021

15:47

D. Agency Updates on the Status of Outstanding Rulemaking from the 2025 Regular Session Pursuant to Act 595 of 2021

E. Adjournment

17:50

Documents

TitleTypePagesSource
Agenda — ALC - ADMINISTRATIVE RULES, Sep 17, 2026 Agenda 3 Official source ↗
A. Summary Agenda_September 17 2026 Exhibit 13 Official source ↗
B.1.a. DOA ABAH Exhbtn Health Reqs for Livestock Poultry and Exotic Animals_Out-of-state swine_2 CAR 194-103 Exhibit 2 Official source ↗
B.2.a DOE DHE Rules Governing the Governors Higher Educ Trnstn Schlrshp Prgrm and Acts 340 and 341 Exhibit 251 Official source ↗
B.3.a DOH Rules for EMS and Relevant Acts Exhibit 235 Official source ↗
B.3.b DOH Rules for Hospitals and Related Institutions in AR and Relevant Acts Exhibit 488 Official source ↗
B.3.c DOH Rules for Critical Access Hospitals and Relevant Acts Exhibit 434 Official source ↗
B.3.d DOH Rules for Private Care Agencies in AR and Relevant Acts Exhibit 30 Official source ↗
B.3.e DOH Rules for Home Health Agencies in AR and Relevant Acts Exhibit 40 Official source ↗
B.3.f DOH Rules for Hospice in AR and Relevant Acts Exhibit 78 Official source ↗
B.4.a DHS DMS Signature Authorization for Diabetic Shoes and Shoe Inserts and Act 431 of 2025 Exhibit 4 Official source ↗
B.5.a. DPS DASP Licensing and Reg of PIs Priv Sec Agncs Alrm Sys Cos Poly Exmrs Voice Stress Exmrs and Act 678 of 2025 Exhibit 62 Official source ↗
D.1 Arkansas Department of Transportation_09.01.26 Exhibit 1 Official source ↗
D.10 Department of Finance and Administration_09.01.26 Exhibit 3 Official source ↗
D.11 Department of Health_09.01.26 Exhibit 3 Official source ↗
D.12 Department of Human Services_09.01.26 Exhibit 7 Official source ↗
D.13 Department of Labor and Licensing_09.01.26 Exhibit 8 Official source ↗
D.14 Department of Public Safety_09.01.26 Exhibit 1 Official source ↗
D.15 Treasurer of State_State Board of Finance_09.01.26 Exhibit 1 Official source ↗
D.2 Arkansas Ethics Commission_09.01.26 Exhibit 24 Official source ↗
D.3 Arkansas Public Service Commission_09.01.26 Exhibit 1 Official source ↗
D.4 Department of Agriculture_09.01.26 Exhibit 4 Official source ↗
D.5 Department of Commerce_Arkansas Economic Development Commission_09.01.26 Exhibit 2 Official source ↗
D.6 Department of Commerce_State Insurance Department_09.01.26 Exhibit 2 Official source ↗
D.7 Department of Corrections_09.01.26 Exhibit 1 Official source ↗
D.8 Department of Education_09.01.26 Exhibit 6 Official source ↗
D.9 Department of Energy and Environment_09.01.26 Exhibit 2 Official source ↗

Speakers

Senator Tyler Dees Chair Unverified
31 segments
Speaker 7
1 segment
Speaker 9
4 segments
Speaker 10
2 segments
Speaker 15
1 segment
Speaker 17
1 segment
Speaker 22
1 segment
Speaker 24
3 segments
Speaker 30
1 segment
Speaker 33
11 segments
Speaker 35
3 segments
Eric Wake-Aster Unverified
3 segments
Speaker 43
1 segment
Speaker 44
2 segments
Eric Wacaster Unverified
3 segments