ALC - Administrative Rules
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- October 4, 2026
all 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 you lord thank you for today thank you
for um uh 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 kids well and serve them well. Lord, pray for the wildfires that have been hitting through
Arkansas that you help our firefighters, first responders to respond well there. Lord, 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. In Jesus' name we
pray. Amen. All right, members, thank you again for being here. We have a relatively light agenda, especially compared
to the 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 Ag. 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. Good morning, Matthew Ford,
Speaker 7
4:00
the Chief Legal Counsel for the Department of Agriculture. Good morning. I'm
Speaker 9
4:04
Andrew Fidler, State Veterinarian and Director of Animal Health in the Department of Agriculture. Thank you for being here.
Speaker 9
4:15
much. So the proposed amendment to this rule is to remove the exemption to testing out-of-state swine for pseudorabies and brucellosis if they are coming into Arkansas for exhibition from a state that is free of those diseases in commercial swine. Currently, 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 swine.
Currently, all states are considered free of those diseases in commercial swine, so these out-of-state swine are not required to test negative for brucellosis and pseudorabies 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 brucellosis and pseudorabies.
Making testing requirements equivalent for in-state and out-of-state swine by removing this exemption helps ensure the safety of all animals on exhibition grounds. Thank you for the description. Members, any questions?
us about the public comments? Have you heard from our farmers what's been the reaction to this rule? my understanding is we did
Speaker 17
5:43
not receive any public comments on this rule okay all right members any
questions see none with that objection this rule is reviewed and approved thank you for being here today thank you all right members moving to two department of education you're welcome
here if you'll turn your microphone on and introduce yourself for the
Speaker 24
6:11
record Good morning, Courtney Solis-Ford, Department of Education. Thank
you for being here. You're recognized to present 2A.
Speaker 24
6:18
These are the rules governing the Higher Education Transition Scholarship Program. This was a program that's been in place, but 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 eight semesters. This is a program that provides services for students that are becoming adults with disabilities and preparing them for life after post-secondary education.
And we did put these out for public comment and received no public comments. Thank you for
your description. Members, any questions for 2A? Seeing none. Without objection, this rule is reviewed and approved. Thank you. All right, members, moving to number three, Department of Health. if
Eric Wake-Aster
Unverified
7:24
you'll turn your microphone on and introduce yourself for the record please
Speaker 30
7:27
good afternoon members thank you charles thompson attorney arkansas department
Speaker 33
7:41
Health. Thank you for being here. You're recognized to present 3A. Yes, sir. This rule are our proposed amendments to the rules for emergency medical services. These amendments are to comply with Acts 384 regarding the Interstate Compact as well as 863, which replaced the original EMS Advisory Council with the EMS Advisory Committee
and then changes pursuant to 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 health thank you for the description members any questions
for a I think the only question I have it are there any fees on go ahead and look at
all of these a b 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 okay thank you our members any other questions for a seeing
Speaker 33
8:52
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 Acts 52, 138, 141, 772, 819, 861, and 862 of 2025, 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 organ and genomic harvesting act public comment was uh opened on july 5th ended on august 4th and no comments were received and these rules have been reviewed and approved by joint public health thank you for the description
members any questions seeing none without objection the rule is reviewed and approved
Speaker 33
9:49
c these rules are for critical access hospitals in arkansas the amendments are pursuant to acts 52 138 141 772 819 861 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 by joint
public health you had mentioned that this aligns some of these other rules is that is that a fair
Speaker 35
10:18
description with yes a lot of the changes that applicable to rules for hospitals are also for rules for critical
access hospitals so kind of streamlines
the language and the exactly okay great any other questions members seeing none C is reviewed without objection and approved D these
Speaker 33
10:37
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 act 643 revised definitions for contractors including independent contractors and treating them similarly to w-2 employees under act 647 we removed the duplicated certification with dhs dip squall and added requirements for reimbursing through the medicaid program public comment was open on july 5th closed on august 4th
no comments were received and these have been approved by joint public
Speaker 35
11:22
health as well members any questions for d c none without objections rules reviewed and approved
Speaker 33
11:29
e these are the rules for home health agencies these amendments are to add add the program of all-inclusive care for the elderly the pace provider exemption under act 144 add that entities that solely provide therapy service is not reimbursed under Medicare Part A as an exemption under Act 849 and allow home
caregivers that have previously received training to not have to repeat that same training under Act 643. Same public comment period, no comments were
Health. Thank you for the description. Members, any questions for E? See none. Without objection, the rule
Speaker 33
12:09
is reviewed and approved. Final one, F. These are the rules for hospice agencies in Arkansas. These amendments are to allow add allowances for electronic medical directors under Act 141, allow private professionals to provide complete building project review and approval
under Act 591, and change the name for additional hospital locations from satellite office to alternate delivery site or multiple location, utilizing the same terminology as CMS. These had the same public comment period is before no comments were received and have been approved by joint public health thank you for that description members any questions for this last rule seeing none without objection the
rules reviewed and approved thank you for being here today thank you our members
Eric Wake-Aster
Unverified
12:54
moving to for Department of Human Services vision medical services Thank you for being here
Speaker 43
13:16
introduce yourself for the record. Good morning, Elizabeth Pittman, Division
of Medical Services. Thank you. You're recognized to
Speaker 44
13:22
present 4A. Today I'm presenting a rule for the Signature Authority for Diabetic Shoes and Shoe Inserts.
This rule is being passed pursuant to Act 431 of 2025, 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, 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 description. I
believe Senator Filippo, you're recognized for a question? Senator Filippo?
No? Okay. All right. Members, any other questions on signatory authority on diabetic shoes? Senator Filippo, nothing? Okay. All right. Thank you for the description. With seeing no questions, without objection, the roll is reviewed and approved. Thank you. Thank you. All right, members going to five, Department of Public Safety, Division of Arkansas State Police.
Eric Wake-Aster
Unverified
14:30
Thank you for being here, gentlemen. If you'll turn your microphones on and
Eric Wacaster
Unverified
14:36
introduce yourself for the record. Good morning. My name is Eric Wake-Aster, and I'm
Speaker 50
14:41
the chief. legal counsel for the department of public safety morning i'm sergeant austin lay currently
Eric Wake-Aster
Unverified
14:46
assigned to the pi security division as the administrator thank
Eric Wacaster
Unverified
14:51
you for being here you're recognized to present 5a uh act 678 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 pi 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 and updates where they were needed. The updates served to improve the clarity of the program, aligned 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 received no public comment during the posting period, and I'm happy to answer any questions. Thank you for the description. Members, any
questions for 5a c and none without objection the rule is reviewed and approved thank you for being here all right members we are moving to c 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 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 heads up that the co-chairs 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 babysit on already outdated rulemaking process. And so if it's not turned in in 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 asking you what's going on instead 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 1st. Thank you. All 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 on D? Seeing none. Thank you, agencies, for those updates. Seeing no further business. No questions. Thank you for being here.
Agenda
A. Call to Order
B. Rules Filed Pursuant to Arkansas Code § 10-3-309
C. Agency Updates on the Status of Outstanding Rulemaking from the 2023 Regular Session Pursuant to Act 595 of 2021
D. Agency Updates on the Status of Outstanding Rulemaking from the 2025 Regular Session Pursuant to Act 595 of 2021
E. Adjournment
Documents
Speakers
Senator Tyler Dees Chair
Unverified
Speaker 7
Speaker 9
Speaker 10
Speaker 15
Speaker 17
Speaker 22
Speaker 24
Eric Wake-Aster
Unverified
Speaker 30
Speaker 33
Speaker 35
Speaker 42
Speaker 43
Speaker 44
Eric Wacaster
Unverified
Speaker 50