ALC-Occupational Licensing Review Subcommittee

Thank you call this meeting to order if you guys want to find your seats. Speak to one member specifically. I'm getting I'm getting. Yeah. And all right today we are going to hear from first item C. and a report on massage therapy services from the department of health if you would please make your way to the table. And if you would please state your name and who you're with for the record. Thank you thank you madam chair Charles Thompson attorney Arkansas department health. Correction at the tourney for health. Matt Gilmore partner health. If you would go ahead thank you thank you thank you manager thank you members thank you for allowing us to be here to talk about massage therapy in Arkansas Arkansas department health we administer the massage therapy such therapy act in the massage therapy rules promulgated pursuant to that act with it one time such therapy was its own independent state board is moving under the parchment of health with act ten twenty of twenty fifteen at that point the old massage therapy State Board was turned into a to the massage therapy technical advisory committee or intact as we like to call it INTACH assists us it is they have members from the industry including school owners and license such therapists there by the board of health when it comes to issues as to health and safety within the within the industry and also helped begin the roll promulgation process we just got through a rule promulgation process we just finished up the most recent rules that were done pursuant to act acts by the General Assembly twenty twenty one including art and learn. Or to learn act that are to learn act provided for apprenticeship programs in Arkansas for massage therapists and as a result of that act we now have three apprenticeship programs three partnership programs license prince appropriations in Arkansas in addition to our traditional schools traditional schools are sixteen traditional massage therapy schools in Arkansas there are three hundred seventy four standalone size clinics licensees we have six sixteen hundred fifty four that's one thousand six hundred fifty for licensed massage therapists we have two hundred twenty two masters massage therapist that's a little bit higher level licensure we have massage therapist and structure instructors an amount in a in a volume eighty four. you have before you the the report including fees and related and then the related question there answers to the that we received and we've since since submitted to B. L. R. I'd be happy to take any questions. At representative level you're recognized for a question thank you madam chair. I was listening to your port of first of all we we you The board is now Advisory. Correct yes represent love it is it is advisory to the point they do have administrative hearing. Our duties and responsibilities under the Arkansas Code still so if we were F. eighty H. were to decide to take action against a massage therapist license they would hear that first subject to appeal so so for that for those purposes they're still an administrative adjudication process that they are part of but they are they advise the board of health when it comes to the massage therapy rules the size there be rules are ultimately promulgated under the board of health authority. Okay I think you were was going fees these fees where they. They were suggested by the board. Those fees have not changed since they came up under us at which so those fees are those fees are still the same And they have not been changed. Okay so where they okay I guess this is just that in a fee schedule that you just give us to just show us what the fees are as that have they have they asked to increase the fees decrease the fees on and I represent Lima I'm sorry I represent love that's a part of what the bill or ask Is in the portal when we support okay support submit these reports they ask for all the fees so we just we list of offices for all the occupations we bring okay for all right sounds good thank you mention. Representative Cavenaugh you're recognized thank you madam chair just want to go over so you've said massage therapists were sixteen fifty four. But on the paper you gave as it shows nineteen twelve. The numbers that you read off don't match the report that you gave us. I bet those were what I gave you the second time represent Cavenaugh was the break out of the those are the license Tosh therapist all of the individuals are license such there is but you have the master massage therapists which are a little bit higher they have a little higher standard they're still they still hold the license so it's a sub those are subsets of the overall licensed massage therapist so if you do sixty fifty four two hundred twenty two and eighty four that number should come out pretty close now we submitted in the portal probably a month ago so that maybe numbers may be off now the numbers I just pulled or what we pulled as of today so there's number that math maybe a little off by one or two but the original math is the total licensed massage therapists which would include master massage therapist and such service instructors okay so massage therapists include almost large therapist it's not just the regular massage they're present includes the master includes the instructors correct correct representative those those masters and the the massage therapist instructors they can they can teach where as the licensed massage there and they still amassed a licensed massage therapy license they can do either but it's just ensure hot little higher level licensure for the teaching aspect. Thank you you said there are sixteen schools how are schools licensed I don't see anything here it talks about licensure schools. schools are I might have to get up Kelly curtesy with a are on. With program I think it's I think those. Our in our rules. Just bear a few bear with me representive I'm sorry to access the there's a fee for the inspection I will I don't really see any fees for the school. Kelly care C. section chief for the massage therapy section on the department of health there is eight hundred fifty dollar fee for a new school okay I'm not sure what role it is I'm sorry but they have to apply with us and then we have to inspect them and make sure that they're. And to the standards. And once we inspect them and approve that then they can open their school okay because it is not listed on the report I see now where the fees are at but there's nothing listed on this report about the sixteen schools. Thank you have your massage therapist listed but there's nothing on here for schools and representative will will make sure we fix that the future I think it probably was are are not interpreting no questions in the portal properly making we need to just go ahead and and make sure we get those schools listed as well as opposed to the individual licensees only okay in just two final questions madam chair. On the complaints that you're talking about on a C. two you said that there were a complaint filed therefore complaint she had a cease and desist on two were referred to I guess law enforcement because they were more criminal an action and then to we're not in your scope what type of complaints are we receiving that our criminal. Representative Cavenaugh we and up with complaints that are generally sexual in nature when it comes to the criminal in fact yesterday I just sent a letter out provoking a licensee's massage therapy license for a conviction for sexual assault in Conway so there is elements of element of that very small fortunately but there's an element there and concern when it comes to things of a sexual nature those are generally almost those are I can actually get the one that was of a sexual nature that we refer out criminally that's what I thought we probably had an issue with on the particular knowing what this is so on your background checks that is all when they're doing your background checks that it's all part of the background check that you're checking for these types of Issues yes represent Cavenaugh we receive FBI background checks on everybody prior to licensure and they have to be reviewed to ensure there's no prohibiting offenses under the massage therapy code as well as ACT nine ninety of twenty nineteen which has a laundry list now it at a much longer list of prohibiting offenses this the fences regarding you know so and sexual nature always been always been there always been reviewed thank you. Senator Rice you're recognized. Thank you manager of you answered one of my questions about fees not changing in a long time but did add and I read a lot of things going this week but did not see what I read a scan this that were taken in about thirty percent more on fees then dinner expenses were your Senate report and that's correct that's correct center ice of what that is a result of when such there became under us frankly they did not have their fees did not match their expenditures and so there's a cost allocation done the cost allocation as a result of the efficiencies across that section that section includes cosmetology and it also includes body art and related the related industries so the cost allocation on the cost allocation based on what you just noted where and fact reviewing that to ensure that the cost allocation more more reflects what the cost for massage therapy is is related to the revenues so you you are correct which noted okay and in this report we don't really have anything that shows. You know changes or any thing in red shows injured anything Sir I read don't know things change it's been under your story I will tell committee and and been that a fourteen year when I came in there was a lot of problems we are there from the massage therapy board at that time and and been multiple times it finally has come in and I'll commend you all for got to get a grasp on is working on it I would encourage. Though and I thank I thank you are but just encouragement something I use for or physical therapy have have to have a weekly and and just keep it were to viable because a lot of people gaining can afford. traditional medicine and I truly believe massage therapy takes the place of of some things that are a lot more costly in in the can can help a lot of people if the cap of forcible to appreciate your work on that thank you Senator Rice we appreciate your kind words. Thank you and saying no further questions thank you for your report. Thank you chair thank you members. At next under item seeds you will hear from that veterinary medical examining board. Okay that report under item C. one without objection that report stands review. All right if you would please state your name and who you're with for the record. White House chief counsel department of agriculture carrot art director for the veterinary medical examining board. Right thank you thank you miss madam chair members of the committee the reports that we submitted should contain the information that you need regarding our fees in the number of licenses that we issue of the veterinary medical examining board was brought under the department of agriculture during transformation and of that and that's been a very very effective partnership will be happy to answer any questions. The Cavenaugh you're recognized for a question thank you madam chair on your embryo transfer technician I noticed that application fees as is a thousand dollars. It is in that is in statute and that is not through a board role okay is it safe up to a thousand dollars or does it say eight thousand dollars it is clearly one thousand dollars okay. Okay I have another question on the veterinarians that we are licensing do we have any idea how many of those are large animal vets. Am I do have a way to extract that information I don't have it right in front of me that that is definitely something that we could get to you if you could send that to the staff so we can have that because that's an issue that we're facing here in Arkansas's large animal vets yes and then finally on your complaints that you have can you just be a little more specific about the type of complaints that you're actually saying. Sure so the complaints that we normally receive are just for members of the public complaints are filed against the veterinarian and those can range and probably the most common allegation that we receive is incompetence gross negligence and now. Through the review of those complaints rarely do we find you know any type of malpractice incompetence gross negligence but but there are other things that come can come out of a complaint and you know recordkeeping violations things such as that but we we do review every complaint that's received and and they're either dismissed or a violation will be found and but like I said typically not as severe as what the allegation actually is. Thank you. There any other questions. Okay saying nine thank you guys for your report we appreciate it and without objection the report stands as reviewed. Okay under other business and just a reminder members that the deadline for recommendations of this committee are due September eight so please email those to you Carly Cooper and and our next meeting will be September fifteenth. All right this meeting is adjourned.