ALC-Administrative Rules

All right called to order the administrative rules subcommittee of the A. L. C. just wanna remind those that wish to not comment on a rule to go ahead and sign in the sign in sheets are down there in the tables in front of me be sure to specify the rule on which rule you wish to comment and will be take no sign up sheets here in just a little bit up item be on the report Mr culture you have any college okay I to be on the report is the reported executive subcommittee concerning emergency roles and we have no reports on the executive subcommittees this month item C. we have reports from the L. C. subcommittees concerning the review of rules this month we have one report from the review subcommittee which consider the office of state procurement rules governing mandatory procurement training program which will take up under item D. today the subcommittee review the role and are there any questions. Then without objection this report will be filed all right next on to the agenda and just members for the sake of clarity when we get to the DHS rules we're going to take up seven a before six A. B. and you'll understand when they present because of bring some clarity one kind of proceeds the other and we'll up kinda help bring a little bit of a better flow to it so with that we're going to start with the department of ag on item D. one. And it's on the commission on will. Water well construction and if you get that car back to the table and. Morning Joe Mitchell would just push button light up and enters yourself for the record please. White House chief counsel department of agriculture. Chris call closure natural resources division department of agriculture. Blake for **** resources division department of agriculture. The more you are recognized to the proceeding. More members Mister chairman what we have before you today is a rule clarification that was provided by the water well construction commission this is a commission that is made up of water well drillers across the state so this was to clarify needs to be on site during the during the active drilling process which is either someone that's registered or an apprentice it's under supervision we took this rule to the water well contractors association that represents the the industry itself and they were in unanimous support of this particular rule clarification so. We'll take any questions but just to appreciate a favorable review thank you. All right thank you any other questions from members. Senator rush. Thank you of. I thought we had something on his back at one time or something similar and I'm always trying to be attentive to the fact that The members kind of it's kind of self regulation is always concerned about regulations that. Status quo for smaller ones that may not be is engaged in association or whatever Put any more barriers. Up the you have heard anything from again a lot of them two small ones May not be the one to reply anyway so is there anything in here we need to hear about. No Sir not that I'm aware of in fact the rule has always been this is that when there's a drill site when they're actively drilling that somebody there needs to be registered or be an apprentice but that language really needed to be clarified to make it more clear that that's the case but this is not necessarily a changing the rules that that brings back I thought we did discussing committee and it may be this. Law was done because there was some talk about as long as one could get there within within an hour or something you member yes it's it's under supervision as long if there's an apprentice and that's the only person that I as long as it is for visors within two hours additionally I remember can discussion on a lecture thank you thank you. All right any questions from members. Nobody signed up to speak for against this bill so up without objection in this rule is reviewed and approved thank you very much. Parma commerce. B. to a rule one twenty three on page three. Good morning shall we tell you Sir thank you Mister chairman my name's proof read general counsel the insurance department. Bath Barrington Arkansas insurance department PBMs. Good morning crystal Phelps market conduct associate counsel insurance department. All right I'll go ahead with your release chairman and members of the committee we have to rules of this morning the first insurance department pose rule is rule one twenty three one twenty three implements ACT eleven OO three of twenty twenty one that you enacted the member's enacted an act that prohibits pharmaceutical manufacturers from canceling hospital contracts using outside pharmacies as one thing that this act does what this rule does implement that legislation it provides a definition of what an Arkansas based pharmacy is is a licensed pharmacist conducting business in this state and we also provide a definition change to the three forty B. program to make sure that we know that we're regulating the distribution and delivery of the drugs and not getting into pricing I'm glad to answer any questions if you have any questions from members. We signed up to speak for against it so without any objection this rule is reviewed and approved health got another one yes yes Mister chairman we do of the next proposal by the insurance department is rule one eighteen this is the insurance department pharmacy benefit manager regulation or PBM regulation I'm sure you've heard about PBMs so the rule implements the PBM licensure act this body enacted over the last four five years we've had several amendments to the legislation what this rule does it makes the requirements apply to self funded plans with respect to pharmacy payment reimbursement are to comply with recent legislation it in graphs a pharmacy audit bill of rights to protect pharmacies from arbitrary audits that are conducted by PBMs are it makes topographical changes it just basically updates all requirements related what PBMs can or can't do related invoices invoices that we issue I'll be glad to answer any questions the questions for members. Senator Hickey. Yes Sir I understand your base and you're doing this based off a legislation but as you know we've put out or if the you know if there are EBT program if you look at that to see if we have any discrepancies I within that I have not I think Mr believed was going to send me that are if pay for me to evaluate so as soon as I get it I will evaluate that for sure okay the. Can we'll you think that would be in the next week or two or I when I can do it in a few days if you would like to I just have to see it I would like to just so that that I understand what we're up against here but I'd like to know what from that are the standpoint if there's any discrepancy absolutely thank you. Okay any other questions from members. And nobody signed up to speak for against it so without objections rule is reviewed approved thank health officials warned. All right up on the next Department of Education Division higher ed. Brown three a page eight. If you all would name and title for the record please. Good morning Maria Markham director division of higher ed. My name is Whitney James I'm a staff attorney with the department of education okay you're recognized for C.. These are the Division of higher education rules governing the governor's higher education transition scholarship program and they were created per access twenty twenty two number two hundred fifteen to outline the administration of the program eligibility criteria scholarship amounts and payment of scholarships and they also outlined the responsibilities of qualifying institutions and the responsibilities of recipients and following public comment there were no substantive changes made and we're seeking final approval of the roles. The questions from members. Without objection this rule is reviewed and approved thank you welcome thank you. And next we got department of finance ministration. The morning feel would name and title for the record please. Good morning Mr chairman president the committee Paul gearing system revenue commissioner for DFA. Joe the peppers Hurney with the department of finance and administration K. one four age Page ten members go ahead. Thank you Mr chair before the committees is the a proposed rule for that is required under act nine seventy to provide a sales and use tax exemption for water used in the commercial production of poultry. Our rule implements ACT nine seventy as well as promulgates a form that will be utilized by the water providers and the poultry farmers for claiming the benefits of the sales and use tax exemption we happy to answer any questions about the role a question for members. When we signed up to speak for against so without objections rule is reviewed and approved thank you all thank you Mr you're welcome. Department health. State Medical Board. Five a Page eleven. More if you will please name title for the record. Good morning I'm Amy Embry director the state medical board. Matt Gilmore permit health. And you're recognized for C.. Good morning before you today is an amendment to rule two point eight this was amended per ACT eight twenty nine of two thousand twenty one it changes the requirement to establish the provider patient relationship the public commented excuse me the public comment period ended on this on March twenty second we did receive public comments took those into consideration submit amendments. But it. Any questions from members. It was signed up to speak for against so without objections rule is reviewed and approved thank you. Thank. All right members we are. Just wanna be sure we're taken six K.. Rejection of the. Okay were taken seventy first right. Our members will run do is we're going to take up and I get Department Human Services to the table please run take up seven a first and then drop back and pick up six a and I think will become clearer as we move along. To run seven a. Page sixteen. Good morning Melissa whether ten division director for development disabilities services. Good morning Patricia stand deputy director division of aging adult we have a health services okay and we're on seven A. H. C. B. S. impasse waivers. So I'll start and we're bringing for you today the nineteen fifteen be waiver which is in a favor and just a little closer to Mike just pull to the locals for please thank you. I'm gonna have to learn to talk louder Senator Hammer thank you you're welcome so we're bringing today the nineteen fifteen be waiver renewal at ten five year renewal at the B. M. we are adding the population the the medically frail population to this waiver like I said we're renewing it for five years and I believe those are really the major changes within the waiver I'm happy to answer any questions. A questions members. No Way signed up to the limit Senator Stubblefield. All right thank you thank you Mr yes how many what are the numbers that we you're going to be adding of a medical. We I believe that we are adding approximately fifteen hundred to this waiver we're adding that medically frail population over into that which will leave about two to five hundred that are still in the other you're saying how many will it leave. How many will that leaves her I'm sorry is that is that all. Yes so that will go ahead most we actually. Senator Stubblefield we actually had numbers pull for all our programs that I was trying to look at so. Those in our home program who are not considered medically frail there's approximately three hundred sixty thousand and the frail makes that twenty seven thousand okay our that's what I was well enough thank you ma'am okay thank you Mr welcome any other questions from members. No we signed up to speak against this rule is reviewed and approved unless struck back and pick up six a now please. Thank you so as miss gan was saying that the waiver that we just discussed is kind of the backbone of the past program that has program is made up of of three different federal vehicles one of them being in nineteen fifteen C. which is before you today which is the waiver that is and administer through my division it's the community and employment support waiver which is also called the DDS waiver and so in the amendment that's before you today we are adding the additional slides that will allow us to clear the waiting list as it stood in December thanks y'all approving the increase in the state general revenue to support this program so we plan on adding over three thousand more clients to this waiver over the next three years. In addition to that which is the really exciting we are also changing the rules and allowing parents of Children and legal guardians of adults to be hired by a enrolled Medicaid providers and they can be trained and employed and paid to provide care in an effort to Overcome our at shortage in this work force so that is also something that we have received a a lot of positive feedback from especially from parents and legal guardians and those are the two main changes I would say in this waiver amendment and I'm happy to answer questions and questions from members. Nobody signed up to speak for against so without objection this rule is reviewed and approved thank you all on to seven be acute crisis units. Yes Sir so what we're doing is this we came and ran an emergency rule to attic you crisis beds to inpatient hospitals allow them to do that this is coming before you today to make this role permanent it allows hospitals to attic you crisis beds for children aged four to twelve adolescents age thirteen to eighteen in adults over the age of eighteen we kind of separated that as to ensure safety and said this is just to make our emergency permanent. Any questions from members. Would you remind me how many do we have in the state. Currently we have I think we've gotten to agencies to due process bad senator Hammer and we're continuing to work to get more of those open so this is not the Q. crisis units that's freestanding units this is adding beds to hospitals. All right and so far only two hospitals have yes Sir okay do you have others that have expressed interest in is it just a matter of getting through the process or can you give me an idea about how many are in the pipeline yes Sir we have at least two other hospitals that are in the pipeline but these two have gone ahead and opened up Sinbad's setting any in rural Arkansas are those are those role we we had a meeting this past week about rural hospitals and yes our digital money I just curious of. Any of them are in rural Arkansas I do not believe currently those are enroll Arkansas but I can certainly get that information for you if any of this and roll areas have signed up the ones that we have right now or not in what we would consider role areas okay if you would mind please thank you any other questions from members. No we signed up to speak for against so without objections rule is reviewed and approved thank you C. seven C.. I was. The mental of record please and you all go ahead thank Mister Clark what for new services. J. here Human Services aging Adam Haber House Johnson binder Human Services ageing your bill Health Services. Okay you're recognized. Good morning we're here to present the living choices waiver renewal. This morning living choices waiver is a Medicaid waiver that serves beneficiaries who live in assisted living facilities in our state the changes to this waiver consist of clarifying the roles and responsibilities of the operating agencies within DHS division medical services the agent on behavior health provider services in court and county operations in addition this the appeals process is changing to an automatic continuation of benefits for beneficiary during an appeals process unless they personally opt out so it is a it is an automatic continuation where there's no longer a danger of them losing their benefits during the appeals process without without knowing and then clarifying the roles of the Department of Human Services nurses and eligibility nurses as well as reporting requirements. Happy to take any questions questions from members. Okay I don't have anybody signed up to speak for against or without objection rules reviewed and approved thank you if you got seven D. also yes go ahead. This is the ARChoices home care waiver renewal ARChoices is a waiver program operated out of the division that serves beneficiaries who would like to stay in their home and receive services rather than admits to institutions such as a skilled nursing facility. The this the change in the rules rule clarifies the roles in the personal care man with the in the division the department's personal care manuals and ARChoices manual and what is it what we've done is remove duplicative language. It is also include the automatic continuation of benefits during the appeals process unless the beneficiary op sal. it is an updating of the rate that is paid for attendant respite care services the service budget limits within the waiver are updated and increased and it establishes a process for granting an exception to the maximum service budget limit if a beneficiary warrants such services. Members have any questions. Hang on one second verifies. A question members. Look you had your name on it you won't take your name off the Speaker you will because speak against or for I can't see just had not. Thank you just wanna make sure all right so go with grow that request on the sign up sheet for the record all right any questions. Right. A hearing on speak for against it then noting the request remove without objections rules reviewed and approved thank you all thank you. Eight department Human Services. Thank Mister and Mister Brett Hayes up or office to council collegial with this one okay and we're on page thirty six eight a. Arcuri induced yourself jim viewed induce self please read. Britt Hayes deputy counsel DHS your proceed please thank you Mr chairman so this rule relates to declaratory orders that is when an individual asking agency to go an official bonding opinion about the application of one of the agency's rules I this is not in the we've dealt with in the past which I remember the last time we got a request for a declaratory order until last year someone sent one in we realize that we did not have a problem gated rule outlining how those are to be handled so we did one based on what other agencies have with international puts out as a model and we're stopping this so we have that in place for the future we have to answering questions. Hey questions members. All right nobody signed up to speak for against it there without objections rules reviewed and approved thank you all thank you members. With nine nine department of labor licensing. Morning if you would please name and title for the record. Thank you Mr chair miles Morgan associate counsel department labor licensing. the rules of the Arkansas telling recovery board there is of rules are amended to comply with changes from legislation in twenty nineteen and twenty twenty one other amendments included Amendment to establish the process requirements for consent telling registration there were definitions that were amended as well pursuant to prior acts in twenty nineteen to twenty twenty one and also to some grammar and stylistic changes that were updated the rules as a result of transformation and I'll be happy to take any questions and questions from members. No I signed up to speak for against without objection rules reviewed proof thank you thank you Mr one two a ten Department transformation shared services Page thirty nine members. Morning ladies if you would please name and title for the record. One Ballard I'm interim chief counsel for the Department transformation shared services and I have miss Jennifer Davis with me here today she works the civically with the Division of building authority to give an overview of the real part good morning go ahead and you're recognized. Thank you you're good now Jennifer Davis attorney with the Division of building authority federal that you have before you today or the division of Building Authority minimum standards and criteria on their face they do look like they have a tremendous amount of changes however the only if the changes were made and that were substantive and they were made as a result of legislative changes in two thousand and twenty one ACT four forty there also if you legislative changes in previous sessions that they had not yet been incorporated the rest of the changes were made primarily as a result of wanting to make this easier for our readers to understand. And they removed references to things like the telegram and other obsolete references and brought them into the modern century and use of things like email we removed long run on sentences and things like that so other than that it was just a few legislative changes if you have any questions will be glad to answer them otherwise we do request that you approve these roles the questions from members. We signed up to speak for hopes Senator Stubblefield. One of the changes from the previous legislation was abolishing the Arkansas Building Authority. Was that not done in two thousand sixteen. Changing it from the ABA to division the Building Authority correct yes. That was done let me see that was done under acts two and three of two thousand sixteen once I've taken so long and they were actually I think promulgated under and a previous they were done in an addendum but they had not been incorporated into the full rule rule we had just actually incorporated that and from the addendum into the rule itself rather than having an additional addendum since we are overhauling these roles and it's taken six years to do this unfortunately. That's a long time well and and I will say like I say those have promulgated under an addendum incorporated correct. Thank you Mr chairman thank you ma'am welcome. All right any other questions many of members. No Way sign speak for against them without objections rules reviewed approach thank you thank you all. And partridge mission search services personnel management. Page forty four members. Gilmartin Ballard and interim chief counsel for the Department transformation shared services. And for this role I've got at Jennifer Elkins with the office of personnel management to give an overview of the role good morning name tile for the record please yes good morning Jennifer Elkins with the office of personnel management I am a staff attorney at TSS you're recognized the role that you have before you is required under act eleven hundred of twenty twenty one and that act is what prohibit state entities from training or teaching on any type of divisive concept and so the rule that TSS is required to bring before you guys is really just the enforcement of each state entity Being prohibited from teaching or training on any of those concepts and so Each agency by the law will be required to develop their own policy and review their own training materials and then TSS we have a rule that says if you fail to comply with what the law requires then but we can take some enforcement action and with that I'll be happy to answer any questions. In questions from members. C.. Forty three. Represent Bentley I think that you down there is that is chairman thank you guys have a quick question and it is you have missed considered part of the shared services and centre hire it or now secures no ma'am okay thank you. Representa Eubanks. Thank you Mr can you of. Explain to me a little better what a divisive concept is. Yes Sir I can tell you that the act is very expensive on how it is to find and so it's really saying I can read it off to you if there is several parts to it. But it says that it's a concept that one race or sex is inherently superior to another race or sex The State of Arkansas or the US is fundamentally races or sexes an individual by virtue of his or her race or sex is inherently racist sexist or oppressive whether consciously or unconsciously and I can it goes on and on I don't know if you need to continue to get the general gist of it thank you. All right any other questions for male members. No Way signed speak for against it with the objections rules reviewed and approved thank you have a great day departure information shared services office state cure me. Again Lauren Ballard an interim chief counsel for the Department transformation shared services we presented this rule at in the review committee I think that was announced at the beginning of this meeting and I just to give an overview again of of what that rule contains at that rule was promulgated to sort of set up the mechanisms by which at the office of state procurement would and. Put into effect at the procurement training that was required under actively for nineteen of two nineteen twenty nineteen I'm sorry and Again that rule add basically the Department information church services at St procurement offices already set up the training and set up the guidelines on how that training is done and I didn't want to follow up Senator Hammer on your questions that was presented in the review committee we did I did confirm with this with the office of state procurement that the training does include instruction on the consequences of not following the procurement law as far as to the individual I do think you have some you have a good feedback about maybe the more global consequences of not following the procurement law which include audit findings and things like that so I've asked that the state department consider and implementing that and including the other training moving forward because I think that's a good point and with that I would be open to any questions or thank you for doing that represent Wardlaw. Thank you Mr I find it very amusing that we set the review committee and they tell us in these letters that these things follow the letter of the law we see that all the time you go back to the law that was written it says. To maintain certify sits a certification under this section a state agency employee must complete a reasonable number of hours of continuing ed as provided by rule key word rule. Come over to the rule that they submitted and they're going to provide hours by policy. No. That's not gonna happen that doesn't follow state law. So this rule my motion would be to hold it up because it violates state law. Thank you Mr. Represent Wardlaw need a clarification what you just said you want to hold it up or you're making a motion make a motion to kill it. That's pretty clear that is clear. The bureau pointed that out if you look into the responses of the rule. All right Would you represent Wardlaw would you mind I'll recognize you meant for that but could I ask another member ask a question they'll absolutely all right thank you and representatives I'm sorry Senator Stubblefield and then represent Wardlaw push button back up please Senator so feel like Mr a thank you Mr chairman of whenever we passed a transformation bill. We were told there would be significant savings. Across the board with shared services and transformation bill can you tell me what those savings are. I will be I would not be able to do that here today server to be happy to get you whatever information I can I would like yeah I would be very interested in knowing how much we say when we by passing this piece of legislation and and when you say that you're speaking the transformation not this particular ad state procurement training your time at the Rochester transformation Bill yes senator I have to follow up thank you thank you. Okay. Any other members have any questions otherwise Womack to represent Wardlaw. All right the represent Wardlaw a recognized you make a motion but I want to remind you that the member will also have to provide specific grounds for the objection of for example how the rule is inconsistent showing your motion would you please state that yes Sir absolutely under number nineteen dash eleven dash two eighty if you follow it down to sea two is where the language is as as provided by rule by the director in the rule that they submitted to this committee it says in response to the bureau's question they say they will secretary rouse has advised in this setting the minimum number of hours is required by procurement training. Will occur through policy that is in direct conflict with state law I was the sponsor of that law as well thank you Mr. All right I need a second. Your motion got a second the floor is open for discussion anyone like to discuss please question button. Shino discussion I just want to remind you that a yes vote. Correct a yes vote is to proceed with a vote on not approving the roll a no vote is to allow the rule to be reviewed and approved by a clear. One more time yes voters to proceed with a vote on not approving the roll a no vote is allowed is to allow the rule to be reviewed and approved for a deal voice vote first of it's too close to call the chair will have the roll call all right so all those in favor of represent Wardlaw ship motion say yes yes any opposed. All right then a yes vote is not to prove the rule. Correct. Okay all right now we're gonna take a vote on. Whether to not approve the rule so a yes vote is to not approve the rule a no vote is to allow the rule to be reviewed and approved so yes if you don't wanna prove the rule no if you want to prove it everybody understands. I need a motion seconded. Yep I'm a recognized cochairman representative ought to the first vote was on whether or not to take a vote this one would would be on whether or not to approve or Richey may review the rule. Your. And one second while I get counsel here please. Thank you. That's what in effect. This Wardlaw. You need to make a motion not to approve the role and then they to get a second you want to make that motion. Sorry. Go ahead thank you Mr I would love to make that motion to not approve this rule because it violates state law thank you. Got a motion second any discussion to the motion. Yes voters do not approve the rule no vote is to allow the root to rule to be reviewed approved all in favor of one about yes say yes. Any knows. All right the rules not. Not approved. Okay. All right where he thank you All right the it with the we're gonna we're almost done but I wanna call department labour back up not to rehash the rule but a I was distracted while going to want to get questions asked of you to get some information to me please and the committee want should all have it sent to Rebecca she can send it out to the committee. And this is back on. Nine. This page thirty six. Your this rule allows you to post on the website. But you're still required to post in the paper is that correct or might be incorrect and that this chair or director Steve Rogers he walked out right after we finished okay but I think it from what I can tell a new role was created established lane staffing procedures and requirements for posting notices on of the board's website so if there was a a rule in place for public notice in the newspaper I believe this is just a new role in addition to put on a on the website right but you still have posted with a nice paper I can confirm that but I if you'd like me to get back with yet I can what I like to do is confirm that and then the second thing I like to know is how much you spend annually having to post in the newspaper your okay requirements okay yes yes and I'm on the representative Vaught recognized for for questions. So sorry of. I guess I wasn't paying close enough attention whenever he was up here earlier but I do have a question on the financial impact for the towing board where you're raising the fees can and there's like a fee for them to There's like two different fees and both of them are going up on his own signage and one is for their permit and both are being increase quite. What it looks like two can you explain to me why. I can for rules were amended concerning fees to provide registration fees for consent only tow services service business and is twenty five dollars per ACT seven eighty nine twenty twenty one I'd. And I don't have the entire rule packet with me that's why I had a director here he was in the gallery once we finished he let. Can you please find out for me because when you look at the financial impact number two and number three on that the increase in license permit these will be minimal costing of of or around an average of seventy eight dollars per company those with large fleets will play more and then number three says there will be a modest increase for the signage on the side of the tow truck. It's going to be right at a hundred dollars and I'm kind of confused why they have to pay to put that on there okay so that sounds like quite a bit for my rule areas to have to pay so I'd like to know why it's going to absolutely no you're with our director and we can definitely follow up with the committee if you can please send it up there and they'll get it all out says before Friday that be appreciated yes Sir thank you thank you Mr chair you're welcome and if you don't mind send that to her back and she push that out to all committee of representative default does mine I don't my my information goes out to all committee okay and then that way if there's a issue will take it up Friday at LC okay so you might good will the might wanna be here Friday okay yes all right thank you you're welcome. Thanks for saying all right we're on T. which is agency updates and members I just want to point out that with what we did previously Items three five eight and nine by us approving those previously in the agenda we don't we'll have to deal with those so our next item on the agenda will include updates from those agencies are not complete the rulemaking courts Arkansas Code antedated twenty five fifteen to sixteen amended by act five ninety five twenty twenty one as you may recall from last month the statute provides if the rules were not filed as required the executive head of the agency or his or her designation appear for administer administrative role subcommittee explain why the agency has been one unable to comply to provide an updated status rulemaking three describe the steps being taken by the agency to addresses failure to comply with a deadline for provide anticipated date for when that a final version of the rule will be filed secretary of state and for those items with Astrid could I just called out where we heard from that agency will depend on the action we taken under D. which we did so we will hear those and Willie if we review and approve all out say aye aye by the agency will forego any update but we've got the department transportation I would part you come on up please Gil name and title for the record please. And this is on the one. Giving give Rogers the governor elections officer for the Arkansas department of transportation Mr. All right you're recognized show Michael Michael closer Gil and go ahead. We have a set of rules that have to do with the one hundred four thousand pound permit for forestry equipment the the it just took some time to get with all the stakeholders involved work of language it's a new set of rules it's not like we're amending an existing set of rules so we had to create some new parameters on the statute the the rule has been submitted for public comment public comment period expired August thirty first we had a public hearing on September second rules been submitted to this subcommittee to be considered at next month's meeting. Okay a questions remembers. Our thank you a part of a culture. Rule again as I informed you last month we're still trying to get this rule through even though we do anticipated changes to be made to the law in the upcoming session we wanted to keep go ahead and get this rule through to help the growers take advantage of the changes from the twenty fourteen farm bill to the twenty eighteen farm bill. Since last month staff has informed me that. And we only have twenty seven growers license this year that's how far down the program is and of those twenty seven growers there were fifteen total acres planted and traditionally what we seen planted across the state about half of what is planted actually gets harvested so we're dealing with such a small amount now that and senator Hammer I believe it may have been you that ask me the question since we do anticipate changes in the upcoming session might it be better to just wait for the session and and maybe promulgate a new rule from that and I told you at that point that you know we want to try to get this rule through to take advantage of the changes however with a very small amount of him it's actually going to be harvested we can work with those individual growers that small handful so armed with the information we have now it would be our. Reference I had to just simply wait. And see what the changes are going to be at the upcoming session and try to promulgate a rule from that now we we say that armed with the knowledge that we know that there is a a law that says we're supposed to get a rule in place from the twenty twenty one changes so will certainly do whatever the body feels like we need to do but at this point based upon the small amount of a production that we're going to get we think it would simply be best to wait until the upcoming session see what the changes are getting new rule in place from there all right I got to questions from my culture representatives thank you this is the the stumbling block the whether it's legal or not is that one of the issues you're dealing with there's no market for that well that was my question though I mean is the the issue on the rule was. You know one stakeholder feels that it's legal one bill that is not in my understanding that correctly well no I think the stumbling block block on the current rule is at how much jurisdiction the plant board has over processors not not whether. The products they're making are necessarily legal or not that's kind of a separate issue but it's so it's whether or not the plant board has authority over the processors corrected and as I explained last time there's a position one provision in the act that says Plant Board won't regulate. Processing methodologies or practices but then later in the Act under the prohibited acts it says it is prohibited to process him in a manner prohibited by law so there's clearly some Legislative intent to have jurisdictional processing the only question is how much I'm sorry that's just stumbling block with the current rule or the the proposed rule all right thank you. Any other questions remain a member. Referred gels position will see if it's a issue with members you probably hear from individually about that thank you all right thank you of the permitted. Represent Vaught if you love what she's come table if you wanna hold if you have to leave we we got to on board back and forth we'll get those answers before we get out here okay. Hi good morning. Name and title please for the record you're recognized courting solace for chief counsel for the department of education we have four rules remaining on the list the first ones governing school safety and the public comment period ended on August fourth for these however we have not pursued final approval and because after consultation with some of the members of legislature we are considering revisions that may necessitate a second public comment period. The second rules are governing the school counseling improvement act as stated previously we are still looking to see whether rules are in fact necessary ACT six fifty of twenty twenty one authorized but did not require rules and so if it's determined that and rules are necessary we hope to bring this to you in the spring of twenty twenty three. The rules governing the succeed scholarship program and went out for public comment M. and completed public comment on September will complete public comment on September twenty ninth go to our state board for final approval in October and hopefully we will have those to you in November. And finally our rules governing professional development as stated previously these are going at and significant revision looking at the ways in which professional development can be I obtained it does has no effect on the requirements for professional development for nurses and so we hope to have those again to you in the spring of twenty twenty three I'm happy to take any questions any questions from members. All right thanks for the update thank you welcome to permit health. Format name time for reckoning proceed. Good morning Matt Gilmore department health. We've got one rule with the boards and commissions that award that's in delays working stakeholders getting input feedback they have completed the public comment period and on one of the subchapters I have a additional public comment periods okay this before you September or not and skew September October November. A question for members. Our thank you thank you and last ones office of Arkansas lottery. I'm sorry State Board health scriptoria we got to get the board of health first sorry about that. Per Mille State Board hill. Good morning large you with the department of health and general counsel Johnstone center department health morning you're recognized for C. thank you Mr chair members of the committee we have a four rules that are pending the rules for abortion facilities have required extensive revisions after the intervening circumstance of Dobbs versus Jackson being handed down this summer at the public comment report will be filed today add to address where we are at with the revisions and an update will be provided to the board of health on October twenty seventh with regard to the rules governing medical marijuana registration testing and labeling the proposed amendments were approved by the board of health at the October twenty twenty one meeting at the initial public comment report is posted on the eighty H. website but the rule is going back to the board of health at its next quarterly meeting with substantive changes based on public comments. then they will go to the agendas for public health meant medical marijuana oversight can subcommittee and then tales the rules of for review and approval also with our rules for cosmetology body art permanent and semi permanent cosmetics the proposed amendments were approved by the board of health on January twenty seventh of this year the public comment period began in July in the a public hearing was held on August first the pending public comment report will soon be filed and I we've had discussions with stakeholders and other sponsors as to the status of that rule with regard to the rules for volunteer licensed health care professional immunity at the board of health approved the rule at the July twenty eight twenty twenty two quarterly meeting the required notice was published in September the public comment period is pending and what's the comment report is filed eighty H. will ask for it to be presented to the public health committee and then to the ALC rules subcommittee. Happy to take any questions any questions member. Sure okay. Service. Hi hi I would like to visit with you after this on and on an issue but could you just go through and review with me quickly the medical marijuana re certification at and the ability to do that online. Certainly and I have talked Thompson here you can proper provide more details okay Senator been the rule has been been written to file with the medical board rule is all regarding any kind of a recertification pursuant to act eleven twelve of twenty twenty one so the rule now reads whatever the Medical Board's rules radars ours will mirror that and so that's what we reference in the rule now is the in the current draft which is what which is exactly my understanding is the medical board is the medical board that re certifications for physician written certification can be done via telehealth a red or originating original certification still need to be done in person that is the medical board's interpretation back eleven twelve that is the department's interpretation lacked eleven twelve and I will note that that we are there's currently litigation pending regarding that. Okay Yeah okay. Well that I mean it's one thing to have an interpretations another thing to see the way that it's written so I just have a little bit concerned about about that and that I will follow up with you all thank you. Or any other questions for any other members. Okay thanks for being here today. All right now lottery. And then. We're going to get the towing board back up here not to change anything but just we get some information out. Morning then title for reckon Percy good morning Mr chairman members of the committee a brand standards chief legal counsel the FAA Office of the Arkansas lottery so I'm here again today I was here last month about the proposed operational rule that we're adding on percent ACT six thirty six of twenty twenty one that rule is actually been filed with the Secretary of State we have a public hearing set on that rule on October the fifth as well as on other operational retailer rules that we we've also filed with the Secretary of State eight if the body has a meeting in October it's possible that we could be back before the body in October to approve that rule or if not I know it's only counted for November seventeenth and we will be back at that point in time to seek approval for the rule assuming that we don't anticipate be controversial or anything like that and I would be amenable answer any questions that you might have a question for members. All right very good thank you Mr chairman. All right if we get the tone board folks back up here for quick point information please. Shall we just named House for the record again I'm a recognized representative Vaught that after you get done Represent vote you're recognized asking questions. Yes share miles Morgan associate counsel Arkansas department labor licensing. Steven Rogers director of the Arkansas towing and recovery board are not college each Mr nice fun you you didn't do anything wrong we just had some pop up afterwards when H. about representative law I'm the one who apologizes Sir because I let it get bombing I was dealing with the constituent got let it get past me before I realized all the time and I'm wondering I've gone down to the financial impact and I see that you're raise and visa of for the signage on the side of the vehicle it looks like an a permit fee that you're so you're raising to fees can you tell me why we need the to fees and why they're being raised. At. I'll have to go back and look at that and I apologize and do not. Impact statement with me but of we're not proposing raising either are of permit fees for our relationship. Right it's just the site looks like it's just the signage on the side and then it is the a total of the let's say registration fee is being raised also it looks like. So if you can just get that information to them before Friday sure I just I worry about my rule areas in the state of Arkansas in this being a burden for them and if it's a bird and then I'm gonna have a problem with it so please get information to thank you the representative and at the Mr chairman with the newspaper notice I still required I believe it is required along with I'm if the newspaper is not widely distributed this website notice is a bulls will is is an alternative this act that's correct and and the agreement when we. Manage the legislation and pushed it through was to give us a couple years of but twenty sessions to get the website bill number one and to get everything everybody law enforcement use to get everything distributed so that there was no gap for the consumer in Per car shows there is going to be a significant savings for the total industry and and that's what I'd still like just know how much if you have just met financial because because by having the ability to posted on the web verses having advertise I know it's a it's a generate savings I just wanna make sure you are still having to advertise in a newspaper and. The website or if you did you know you gave you the option to do either or is that correct you. It again it right now it today it depends on whether there's a newspaper that saw. In circulation so they'll. At least in the initial stages they'll post and both the newspaper and the website are you pass that savings on to whoever owns the cars are going to be kept by the. The company it'll it'll be picked up by the by the tow company in that car that's been impounded and an abandoned okay One of the things that we know is is that most cars that are banned and are not picked up these the only cars that are being placed in the newspaper or those that were either not properly registered okay registered out of state or or have no identifying marks on got it okay you'll got the copy of the report that we're looking at some page thirty seven a I will go back recognized representative Vaught that has made you have a copy. I do not Mr chairman Should be laying right there on the table but look right now for any okay your turn to page thirty seven. Please. Represent Vaught did you want. Represent Vaught did you have follow up questions. Okay okay thank you. Okay all right very good thank you all for coming back in certain background for the problem at all all right and thank you very much if you would just get that information give her back and she pushed out to the committee please we'll do all right run item F. which next lessening your Jett journey next item will be September monthly written updates percent ACT five ninety five twenty twenty one these updates are from agencies regarding the status of their rulemaking implementing twenty twenty one twenty twenty two legislation and are in your package these updates are from those agencies who have a letter deadline with the rules. For the roles than June first so they have more time any questions. All right the no objections were filed September monthly written updates and with no further business you know having before the subcommittee we are adjourned thank you.