ALC-Administrative Rules

Our members are calling this meeting to order. I'm at all right. Just wanna remind those who wish to comment on a rule to go ahead and get signed in and just be sure to specify the rule on which you wish to comment and will be taken up the sign in sheet momentarily. The first item we're gonna talk about is item be reports to the executive subcommittee of the first item on the agenda the report to the executive subcommittee you have one report. From the executive subcommittee in your packet regarding its approval of emergency rules since our last meeting. In the committee to look at that. Members of a motion to adopt this report. One second all in favor say aye opposed the ayes have it motion carries moving along the item C.. Reports on administrative directives these are the quarterly reports on administrative directives. And first on the list will be the department of correction. Good morning to you just identify yourself for the record you can go and start good morning Mr chairman members of the committee Lindsey Wallace chief of staff department of corrections. I'm I'm here today to present the quarterly report on new and revised directives issued during the second quarter of calendar year twenty twenty two before I get into those there were no new or revised administrative memos issued during the second quarter to begin with the secretarial directives we have S. T. twenty twenty two oh three governing personnel drug testing procedures this directive was created to replace existing to division specific drug testing procedures and to establish a uniform process for department personnel drug testing that is compliant with state and federal law it outlines drug testing procedures sample selection reporting requirements and training requirements for those that are responsible for testing employees. S. the twenty twenty two dash oh four covering employment this S. T. was revised to clarify several things related to employment including hiring procedures procedures related to the promotion demotion transfer and probationary periods for employees there are also a couple of references added to OPM policies just for clarification. S. the twenty twenty two dash oh five governing procurement purchasing disposition and contracting guidelines essentially this was revised because the board of corrections is required to approve capital equipment for all the divisions and what we were seeing was the board was continuing to get more more request because prices have increased over the last several months so what the board did was raise the threshold for a capital equipment purchased you come to the board for approval still require secretary approval from ten thousand to twenty thousand but now it requires up to twenty thousand before the board of corrections has to actually have it physically in front of them for approval. M. S. de twenty twenty two dash oh six secondary employment as this one and it was revised similarly to employment to streamline procedures related to secondary secondary employment department wide we added some requirements for supervisors if they were to deny an application for secondary were employment and also created a form to allow us to easier easily track secondary employment there were a lot of technical changes it looks like a complete rewrite but we use the same policy added a few things and just kind of re organize it so it was clear for employees there are also some OPM policy references added to that. S. the twenty twenty two dash oh seven governing armory inventory and procedures during the fiscal session there was a requirement added to require reporting it to the Secretary on armory inventory Ford department facilities and this is implementing that it requires each division at I'm sorry requires each division director to conduct an audit annually of all their divisions armories and submit a copy of the audit to the Secretary in the board of corrections compliance division. Moving to the Division of correction and the administrative directive there were a couple that are repealed by the personnel drug testing secretarial directive eighty twenty thirteen oh one office of driver services testing an eighty twenty nineteen dash thirteen employee an applicant drug testing AT twenty twenty two dash oh nine covering youthful inmates this policy was updated just to add the reference to the statutory requirement that offender must be sixteen before they can physically be transported to the department of corrections. eighty twenty twenty two dash ten covering food entering ATC facilities as gifts or for inmates special events there was a definition of special events added and gifts entering ATC facilities were also added into this policy to cover those language relating to procedures for approval of food entering facilities was updated there has to be a written request submitted to the warden at prior to the food coming into the facility eighty twenty twenty two dash eleven covering religious activities this policy was updated to require religious services staff maintain a printed copy of the religious services manual in their office this manual is also available online so some of the redundant references requiring a physical copy be available everywhere were replaced with that has to be available online along with the policy being M.. It available at the ministry of religious services office AT twenty twenty two dash twelve covering inmate disciplinary this AD was updated with several changes there are some additions of definitions it was reorganized to make it clear and there were some new and language added saying that this manual has to be posted thirty days throughout eighty C. institutions in prominent locations prior to the adoption of changes so they have to be given notice of these changes that are coming before they are implemented there were some additional technical changes made including changes to incentivize inmates who do not pose a threat to themselves or others to leave restrictive housing by withholding good time and keeping them as a class three which earns no good time for the duration of their assignments. And then finally AT twenty twenty two dash thirteen covering offender separation this policy was updated to create an additional procedural requirement for staff members when they become aware of an enemy situation between two or more And mates moving to the division of community correction they did not issue any administrative directives for the second quarter had there was one repeal and it also is related to the secretarial directive on personal drug testing AT twenty nineteen twelve covering drug free workplaces was repealed and that concludes my report for the department. All right thank you for that members any questions C. twenty seven. We have. Yes. You're recognized good morning thank you Mr chair good morning thank you I'm just curious to know that these a new directives and and the Department was before the committee on yesterday of surrendering certain positions that you're grievance officer. Position so can you tell me of whether or not you want to issue a direct route of communicating that the limitation of that position and it's being of rolled over into another position so this the staff and persons with low because personally I have received number of complaints regarding EEOC charges and grievances amendments in your department I think it's very important that they are aware that that position is no longer will no longer be in the department and that is being taken over by someone else so if you would please speak to that thank you yes ma'am. Thank you. Thank you representative members any other questions. Not seeing on that objection this report will be reviewed and file that takes us down to the parole board. Thank you Mr chairman committee members when the Wallace chief of staff of the department of corrections for the quarter ending June thirtieth the parole board did not issue any new or revised administrative directives. Our members any questions on this item. Senator Hammer you're recognized thank you just a question maybe you can get it for me offline but do you keep track or who is it that we keep track of the number of individuals that are on parole that offend after they are released and commit crimes once they are paroled out do you keep track of those statistics who does if they're on supervision sure the division of community correction would be tracking any sort of violations that they have yes Sir okay and if they're off parole but have been on parole before and then they committed offense after you don't keep up with those statistics if they were to if they were to come back into the Department sure I probably are present projections at J. face and associates they provide our prison population projections and they also do the and secured population projections they probably have some historical data but anytime they would be under our supervision are in our custody we're going to keep up with what's going on with them with the with the of course thanks. Thank you Mr. Thank you senator members any other questions. Maxing on without objection this rule we reviewed and filed thank you. Members that takes us down to item D. E. and that without objection we're gonna skip to item D. six initially first that's the Southeast Arkansas regional solid waste management district Mr Shane knight. Again members were going down item D. six first then we'll come back to the top here just a minute. More if you just identify yourself for the record you get started thank you Mr chairman members of the committee shall a night deputy director for the southeast Arkansas economic development district. What I have before the committee today is a some housekeeping on our internal rules of operations for the solid waste district this is pertinent to the certificate of need process the original document dated back to nineteen eighty nine and when I became director and review the documents there were two pages missing. And we have sense updated that document to make it whole and that's what you have before you today is just making sure documents hole and everything on the information is up to date. All right thank you Mister nonmembers any questions on this item. Maxing nine without objection this rule is reviewed and approved thank you Sir thank you Mr chairman. I move that takes us back up to item D. one Department of Health Arkansas State Medical Board. Good morning when you get settled in just introduce yourself for the record you get started. Good morning I'm Amy Embry director of the state medical board. Good morning Matt Gilmore department health. Go get started get. Okay we're here for rules will start rule number twelve this is the dispensing role. All the rules that will be reviewed today the public comment period ended on March twenty second at twenty twenty two a rule twelve is regarding dispensing we received one public comment that is from the Arkansas medical society requesting that the will be broken out into two sections the board did take that into consideration and did amend the rule to break it out into two sections this was amended due to ACT five oh three and it allows physicians to delegate dispensing and section two was added as required by ACT five oh three and most of that was taken from the Arkansas border pharmacy law book as far as what will be required for inspections on dispensing. I remember you heard that testimony any questions. March St number objection this rule is reviewed and approved Texas to item D. one B. physician assistants nurses are on page three of your package all right you go ahead. Okay this is rule number twenty four physician assistants this was amended to two ACT six thirty four again the public comment period ended on three twenty two on March twenty second we had to public comments one was in favor the way that the rule was written the second was a comment from and brown she is the president the Arkansas academy of physician assistants and she just recommended that the will be more clear on what the restrictions are for hydrocodone and The New prescribing requirements that were in ACT six thirty for the board to take those into consideration amended the real. Thank you members any questions on this item. I have a number that objection this rule is reviewed and approved we'll be on item D. one see notes on page four of your package. This is rule number forty six this is the administrative fees and renewal fees this was required per ACT eleven OO one of twenty twenty one there were no public comments received on this rule. I thank you members any questions on this item. Sing number that object in this rule is reviewed and approved. We will be item D. one D. Page five this is bill number thirty eight telemedicine this was reviewed at a previous meeting and was asked to be tabled however again the public comment period did end on March twenty second we received no public comments during the public comment period and this was amended per ACT eleven twelve. I thank you the members we have a few questions here senator Reid you're recognized. Mr there may be some people have more knowledge and have some questions I looked up and I'm a voted against that bill both times the first time it failed second time past I never did get the gist of what changed but can you give us some statement as I look at this. Where the discrepancy is between what looks like the intent of the bill and what the medical association is saying is not. Sir rice Matt Gilmore. We of the bill was run at the end of the session and we potentially the comments in committee and on the floor and we feel the way we drafted the bill was with the intent of the of the statute and the law this is not a medical board actor law based on what we saw in committee and the intent that was mentioned on the floor of both chambers and that sort of thing I think we've settled on that it was for renewals only for telemedicine and so we brought that forward And you know we would receive any comments when it was being promulgated we receive one after the public comment ended so I think that's kind of where we stand but will refer to this this body as to their will on the rule. Okay and I and I'm of I'd be happy of regulation for people in the loop for I got in so I'll listen to them but a written make a difference whether it was passed into the session or when it was if that's the law is the law and and what I'm asking for is clarity on who's interpreting that and and what what we really need to be following may not just be this issue it may be other issues too so I'll sit back and listen okay thank you Mr. Thank you senator Speaker Shepherd you're recognized thank you Mr chairman and I think I think you just answer this question but I just want to I want to make sure we're very clear on what we're talking about this proposed rule. As I understand what you just said it only applies to renewals of written certificates that correct that is correct it does not apply to the original issuance of written certificates of the registered certificate is correct yes which it is I understand is consistent with how it was presented back during session I guess the question I have is there's a lot of this goes back to the definitions or use between the constitution which doesn't have definitions on some points the statutes and then the rule But in I think it's. Two L. of the proposed rule there's sentence. That state's telehealth certification means the electronic assessment. Of a patient by a provider in connection with an application for a registry identification. Card under the Arkansas medical marijuana amendment of two thousand sixteen and just to be clear. That is just in there to provide the the definition and even though the definition seems to indicate that the original card could be issued based on telehealth or telemedicine that is not that is not what this rule does. I think there's language further down in the Act the talks about the renewal language and you know well that that. Mr chairman may I have a little leeway ask the act the act. Accepted audio only communication related to the renewal of a card as my understanding is of of what occurred this doesn't limit itself just to audio only but I just the fact that this definition is in there I just wanna make sure that we're all on the same page that this is only on renewals and does not does not apply to the original issuance of the card. But that's our interpretation of this rule yes Sir. And and the actors will thank you. Thank you Speaker Shepherd representative Dotson you're recognized. Thank you Mr chair. I've looked at at your at the act this rule that you're probably getting and also the the provision the constitution Amendment ninety eight. this says under section nineteen C.. A physician shall not issue a written certificate to a patient based on an assessment performed through telemedicine. I'm not entirely sure are you saying that. That the original written certification is not the a telemedicine but the renewal does not specifically mention mention in the constitution. Can be done via telemedicine. Thank. I'll just I think the. The way this act was written the The Amendment ninety eight was not amended that's correct I think they amended or tried to amend this language here to allow it and then again the intent that we heard in committee on the floor was to. Allow. For what we've written this rule so. I'll just leave it at that okay I'm I'm not sure how it squares with the constitutional provision that the act or the the the rule here so thank you. Our members or any other questions on this rule. Taxiing number that objection is reviewed approved. Noted. Thank you. Representative Dotson will note your objection for the record. The review the root rule has been reviewed and approved take this down the item to thank you Jim Dotson would. Thank you Mr chairman I think if if there's an objection doesn't that go to a vote. Yeah that's the question do you want to be shown as just objecting or do you want to take a vote on have your objection. I mean I think it's a clearly rights violates the constitution or the section of the constitution that I mentioned so so the rule that is being presented would allow for re certification only not the initial certification. And the understanding that I have is that the constitution also allows for re certification but not the initial certification to be used by telehealth. So in my mind it does line up with the constitution Lessem read that wrong. Well the statute I think the the rule lines with the statute I'm not sure that the statute aligns with the constitutional provision I mention. Yeah I mean so again I believe the proper procedure and this will be the ruling of the chair I suppose but is that. We take a vote on whether or not. Everyone are you married to take a vote on whether or not to approve the rule yes. Give me a second. Representantes are you making a motion that a vote to be taken to not approve the rule just to clarify correct okay so the motion need to include one of the two bases in that is that the rule is inconsistent with state or federal law or the rules inconsistent with Legislative intent you have to state that in your motion okay I move that it does not it violates the Arkansas constitution Amendment ninety eight item in nineteen C. which says a physician shall not issue a written certification to a patient based on assessment form through telemedicine all right certification but doesn't say re certification. At a. At that that's the motion I I'm not sure what the distinction is I obviously you have a distinction your mind but it says certification okay So. That's that's the motion if it passes a passes interstellar else thank you argument just one second. All right members this gets a little convoluted so I'll try to explain how this works when you heard the motion. The. Okay. All right before we get to that representative Dotson has made a motion you will require a second his motion. Do I hear second representative Dotson's motion. All right we have a second. So to explain how this works of a boat's going to be taken on whether to vote on approving the rule a yes vote is to proceed with a vote on not approving the rule a no vote is to allow the rule to be reviewed and approved. It's a little bit convoluted little bit backwards but I'll explain it again a yes vote will be to preserve it proceed with a vote on not approving the rule. A no vote is to allow the rule to be reviewed and approved okay. All right members you've heard the motion and it's been seconded. You had any discussion on the motion. All right seeing none all those in favor representative Dotson's motion signify by saying aye. Those opposed no all right to know has it so the no vote is to allow the rule to be reviewed and approved. Thank you represented Dotson. All right members had takes us down to item due to. With the department of health board of examiners and speech language pathology and audiology. You're right Matt Matt Matt Gilmore or health of the speech pathology board. the board is brought rules for you today these are rules consistent with acts were passed in twenty twenty one session they also made changes due to the speech language assistance those rules have been updated in awhile so they made some edits there but this is due to ACT seven twenty five for a model language around fee waivers also language around military licensure for act one thirty five a disqualifying offenses per ACT seven forty eight and then ACT seven sixty seven eight twenty nine dealing with tele medicine and they did receive some comments the board review those comments made at its and changes. Thank you Mr go remembers any questions on this item. Seeing none without objection this rule is reviewed and approved thank you thank you this item to be. Skinny item three a actually department of labor licensing. Good morning to you would just identify yourself for the record yet again thank you Mr chairman of miles Morgan associate general counsel with the department of labor licensing. When the more program manager division of labor. Mr chairman of the committee I am a the national electrical code we were here last month with the electrical code and the board of electrical examiners rules we presented testimony and that was all accurate however after a few days we notice that our prior general counsel submitted a mark up and clean copy to be L. R. that had a provision that was it was not marked out which she just total oversight of marking that out so we just want to be safe and submit that again to the to be alarm to the committee just to have accurate paperwork. And we'll take any questions all right members any questions on this item. You saying im that object in this rule is reviewed and approved. Thank you and your honor and your honor Mr chairman with the state athletic commission be this was a of a overhaul and re write of the rules there's a lot of duplicative language in the state athletic commission rules that once we were re written and eliminated that language it went from two hundred sixty plus pages down to sixty sixty five pages other amendments required by the twenty twenty one of legislation and then also acts nine twenty three of twenty nineteen of those rules relating to wrestling those are also eliminated there other stylistic engram grammatical changes as well and we'd be happy to take any questions. I members any questions on the side of. Seeing none without objection this rule is reviewed and approved Texas down to item five. I'm sorry is the. That's the to depart public so you had a part in a public setting that nexus her sorry about that you can present for them if you'd like yeah. All right thanks the other not that makes makes the I thank you hi we have a makes department of public safety. Good morning just to identify yourself for the record and you can begin to warning up ranking deputy director law enforcement standards and training. I'm here for The rules related active duty for of the Special session error merger rules promulgated after the act was passed. But we were directed any act promulgate these rules there are the same as the. Purchaser rules The program ends at the end of June of twenty three. At the end of that time last at the rules B. B. repeal. I'm here to answer any questions you might have. Senator Hammer you're recognized thank you would you just I'm would you clarify some for me if the individual is a certified law enforcement officer but serving in a capacity such as a bailiff or some other role other than maybe direct contact with a public or they qualified to receive the statement. Well the the Stockton was listed just full time law enforcement typically by violence or specialized have full time that classification. Sheriff departments Organized differently some have bylaws full time deputies that may be assigned as a bailiff temporarily judges may have bylaws those are specialized in they're not eligible okay and what about maybe at a law enforcement officer that is certified serving as an jailer in the jail. Even though they are certified law enforcement or not out actually public but their function say a jailer role hi there again Yes the classification of the officer so if there full time. And for whatever reason the sheriff as assigned to the jail they found that they would be eligible for the stock on yes classification it's more matter of training than anything else specialize officer only has a minimum of a hundred ten hours of training full time offer has a full basic you can okay thank you. Thank you senator representative Barry you're recognized thank you Mr chairman and Mr king the House the process going thus far as far as of prop of processing the applications as class receives some. Okay we'll start directed at City and county agencies primarily in and to state agencies of the two hundred and fifty one the national agencies. We process the two hundred thirteen. Thank you for your senate today after nine. About thirty eight hours of process. Of the seventy five sheriff's departments. Reprocess fifty seven of those. M. death ninety we got eighteen left process. There are there are other county offices like Prosecutors offices drug task forces And then the Arkansas state police and the department of corrections. We process the state police and the Department corrections I do those myself. So we're almost three weeks nine six thousand and ninety one. Individual officers have been sent to be after nine so which there's about roughly sixty five hundred police officers that are involved in this four four three different types. And so that means we have somewhere around five or six hundred we help over through by this time next week I have a motion and a day after day. At. Process misquote someone in that Officers come and go there's been some agencies that of administration changes new chief of sorts Mr respect address Metropark work. So we're we're doing it is fast we can we're we're small small agency we have everybody engages the except for two people that are working just on stock and in addition to everything else. Thank you Mr king says I deal done of the tremendous job being able to get all that accomplish on the was a a tough task and one last question Mr chairman right Have you seen are you hearing any effects on recruiting as far as recruiting new officers sub because of this type in. I think so I I think it's spent health one retention especially. Well I have to stay for at least six months after your to stop in so signed amendment thinking about leave and are going to an age that is not eligible. In which case that by it by then your thank you Josh. Okay good deal thank you Mr king thank you Mister. Thank you we've got. A representative Watson you're recognized. Thank you Mr Sir a had a Department Kenny community corrections officer of visit with me the last weekend and he was enquiring about the stop and and I said yeah you have not received yours yet are you department has not he said he was told potentially towards the end of the year just check to see if you can elaborate a little bit on the validity of that one the department corrections been sent to the FNA so. At work and want to go is there I don't know what the status of it is now. But once the FNA sent the check to the department of corrections and I think they should get it I'm. I don't watch timeline is we should be very long. I thank you representative members any other questions on the side of. Acting on without objection this rule is reviewed and approved thank you Sir thanks Sir members that takes us down the item ET the agency updates on the status of outstanding rulemaking so members these these will include updates from those agencies have not completed their rulemaking in accordance with Act five ninety five of twenty twenty one as you may recall from last month the statute provides that if the rules were not filed as required the executive head of the agency for his or her designees shall appear before the administrative rule subcommittee to explain why the agency has been either unable to comply with a deadline or provide an update on the status of the rulemaking or describe the steps being taken by the agency to address its failure to comply with a deadline and provide an anticipated date for when the final version of the rule will be filed with the Secretary of State. so we'll have each agency representative come to the table and provide an update as required by the statute first on this is the department of agriculture. Morning just identify yourself for the record you start. Thank you Mr chairman members of the committee wait hajj chief counsel for the department of agriculture so we're here today to talk about the plant board's industrial hemp rule and as I have explained to the past couple of times we came over here we had a rule ready for you in may it was on the agenda and just before we were set to present that real to you we heard from a couple of representatives from the hemp industry that we have not heard from at any point throughout the rule making process I and they had some concerns about the rule so we pulled the roll back to engage in conversations with them to see if we could come to terms on that. A we made some changes based upon our conversations with them and. we continued our conversations with them they requested more changes we made a couple more changes and then they requested more changes and so we could kind of see how the process was going and we don't believe we're going to be able to come to terms on an agreed upon rule at first we thought that the changes we were making when we first looked at it just on its face on paper we consider them to be non substantive changes but more the more we look at it and uh and had conversations with the staff that operate this program on a day to day basis we believe the changes that we've agreed to are in fact substantive changes this will require us to take the world back to the plant board and start the rulemaking process all over again so that's that's where we are on this rule and you know as an a for our steps or what we're doing now we're looking at dates where the plant board might be able to get back together and review this and for a proposed time frame of when we think we'll have a rule in place when you're all familiar with the rulemaking process we're probably looking at another four to six months. Thank you Mr Hodges the culture has a question for you. That was gonna be my question how long the state or taken by then we're gonna be in the general session so you care to force any opinion about this person is trying to fix something in general session or I know you can't stop the process moving forward but you I thought about that the we would like to you know it may be during the general session when we get a rule in place but at least that will Give us a rule and then if there are any changes to the law during the session. We'll have until June of next year for that rule so this rule that we get in place possibly around the first of the year it could be in place for another year and a half okay before we have to do the new rules are thanks. What does the does the plant board have this statute statutory authority to regulate hemp growers or processors. It certainly has the statutory authority to regulate hemp growers that's one the processors is one of the issues okay. The. The language in a what will quoted correctly but there's language in the New Hampshire of bill that says that we don't regulate processing methodologies or something to that effect and so some people take that as you have no authority over processes whatsoever but if you go to the violations where it says the things that the plant board can assess a civil penalty for it says that they can assess a civil penalty if someone processes him in violation of the law so clearly it was your is your intent for us to have some oversight of processors I think maybe the real question is just how much okay thank you let's senator hill you're recognized for a question. Over here personal Mr Hodge's I guess my question is we mention the the plan or to do that legally exist right now. I'm sorry it does it does a Plant Board actually legally exhausted yes Sir yes Sir am and we're talking about that the Supreme Court case that well and then a subsequent lawsuit and a a Pulaski County circuit court ruling that vacated nine of the positions and courses statute provides that the plant board shall have nineteen members and SO nine positions were vacated so they still have ten members so that's that's more than half so we make sure we agree upon a date where we can have all ten members present and with that we have a quorum thank you Sir. Thank you Senator members any other questions on this item. All right saying none thank you for coming down thanks for the update. Members next we have Department of Commerce the insurance department. Thank you Mr booth ran general counsel concerning church department here to provide you with an update under Act six sixty five of twenty twenty one the insurance department supposed to promulgate a rule before the first of this year regulating PBMs various aspects of PBMs we've tried several times to implement the rule but could not get a very good consensus on reporting on rebates spread pricing early this summer we did file rule implementing the act under Arkansas proposed rule one eighteen it's R. PPM role we filed our emergency basis are we held a hearing last month old on the rule received comments a final version of the rule was filed with B. O. R. A. L. C. last month it is on the agent September will be on the September agenda so you will have a rule or should have a rule in place by the end of September. Thank you Mr brand members any questions. I'm seeing a question thank you for the update Sir. Member that takes down item you three department education. Good morning to you just would introduce yourself for the record you can go and get started. Good morning cortisol is for chief counsel for the department of education we have five rules that still remaining on the list I'll just go through them in order and stop for any questions that you all might have the first roles are governing school safety there was a delay in getting these rules and put out for public comment due to revisions and review by the safe schools committee however they have been out for final approval sees me for public comment and will be going to our state board for final approval on September fifteenth following AOC review in October we hope to have these final by November first. The next rules governing the school counseling improvement act ACT six fifty of twenty twenty one authorized but did not require rules to be promulgated by the state board our review has not yet led to you saying the necessity for rules and so I am if we eventually determined that rules are necessary it would probably be spring before we would bring any rules to ALC for review. Not that if you get get more yes the rules governing the succeed scholarship program again there was a delay in getting those out for public comment due to the scholarship application process however those have been out for public comment and we again hope to have those final by November first. The rules governing nutrition and physical activity standards and body mass index again those are out and for public comment will be taken to R. State Board for final approval in September fifteenth and we hope to have them final by November first. And finally the rules governing professional development Act ten eighty nine added a professional development requirements for school nurses that we will be incorporating into the rules however we are reviewing them to go and make significant other changes and so that process and getting stakeholder input is taking longer than anticipated so it will probably be again spring of twenty twenty three waiting until after the legislative session to see if any other changes need to be made before we bring that's for final approval all right thank you representative Dotson you're recognized thank you Mr chair on your rules regarding the seats gossip you said they'll be approved or possibly approved by November first right to us by then What what happens when something like that gets approved mid year and goes into effect can people apply under the new rules that point in time or they have to wait to the next school year well it would be the next school year but even if the rules had been in place earlier we only have a **** Scholarship window at one time a year and so that window was in may of this year and so it regardless of when the rules go into effect we won't have another application window until spring opening three what was the delay that The act that went into place allowed for a lottery process to be put in place should the number of applications exceeds the number of scholarships available once we kind of worked out what that process would look like to the application window was about to start and we didn't want to have rules out and and pending in the middle of an application cycle so we thought it would be better to wait until after and see if any other issues came up that we needed to clarify in rules as it turns out the number of applications did not exceed the number of scholarships and so the the lottery issue became moot thank you thank you thank you represented by a cochairman Hammer you're recognized. Thank you just real quick and just hit a high level what would you say about the nursing one the school nurse came on and what what is it yes so and the actor added at a professional development requirement that school nurses take one hour professional development again that requirement is in place regardless of the rules we're going to add it to our professional development rules but it won't change anything it will modify anything in that requirement is still active because of the act when you use the term school nurse do you apply that just a school nurses that are ends or any of their in function in any other medical capacity within the school district or the term nurse specifically narrowed to one particular type of nurse I believe it's defined in there and I apologize I don't have that available but I'll get it to you yes we just get offline thank you. Thank you senator members any other questions on these. Ninety nine thank you come down thanks for the update thank you. In that case down to the part of finance and administration Revenue Division. One call. Members of the committee all hearing department of finance ministration revenue legal counsel. Mr chairman of the committee we have one remaining rule that has not yet been promulgated it is a rule that was required by act nine seventy of two thousand twenty one it created a sales and use tax exemption for water that is used exclusively in direct directly in the commercial production of poultry we have had our rule gone through public comment that was on July the fifteenth of two thousand twenty two we have submitted our rule packet to the bureau and request that it be placed on the September agenda of the administrative rule subcommittee be happy to answer any questions all right members any questions. C. nothing's coming down Paul thanks for the update thank you Mr thank you Committee number five department of health division of health related boards. Matt Gilmore department health. So the boards department health the dental examiners board has Rules of taking a little bit longer working with other boards and trying to get some consistency on some language those rules will be before you all of in September or October depending on when the public comment ends on those rules they also their military licensure rule will be before you at that time as well they had a delay there with public comment period. The medical board has one rule ACT eight twenty nine with some public comments came in late so they will be bringing that to you all in September and that is all I got for the boards of the Department. Thanks Matt members any questions on any of these. A single question thank you for the abatement thank you. Texas a number six department of health State Board of Health. You would just introduce yourself for the record you can go ahead and again thank you Mr chairman Lars you and general counsel of the department of health troublesome center department health thank you. Our report today we have four rules that are remaining at based on twenty twenty one acts thanks Lou the rules for abortion facilities obviously after the Dobson case was handed down in June twenty fourth our rules have to change for those particular facilities under state law a lot of the licensing acts are still in a fax were reviewing add those rules to make sure that we're still receiving the appropriate reports from the facilities we are still maintaining a regular inspections of those facilities to which and there might still remain open for providing other services we're gonna be at updating the board of health on the status of those rules on the fall. October meeting they have a quarterly meeting and so the next board help meeting will they'll be get the update on October twenty seventh. At the next rule that remains is the rules governing medical marijuana registration testing and labeling we are complying with Act eleven twelve of twenty twenty one you heard a little bit about that with the medical board rule thirty eight AM also there's extensive revisions that have been made this spring after the public comment report we received several public comments after the April public comment hearing the board of health will receive the revised rules at the October twenty seventh meeting and so the public comment report has been posted on our website and we're expecting Review and approval after the board of health meeting in October. With regard to the rules for cosmetology body art permanent and semi permanent cosmetics we are implementing ACT nine hundred of twenty twenty one the public comment period began in July of this year at the public hearing was held on August first and the public comment report is pending we expect that to also be reviewed at the board of health meeting in October in so we're anticipating fall or winter of this year for completion of that rule and finally the fourth rule is dealing with volunteer licensed healthcare professional immunity and that is to comply with Act nine sixty eight of twenty twenty one that rule was undergoing extensive right revisions pursuant to other code sections there is actually three code sections and which that Bollinger immediately immunity was placed in so we were trying to compile that into one rule to make it easier for our providers to review it is not controversial the final rule and is expected to be filed with the Secretary of State this fall of this year all right thank you for that members any questions. Maxing nine thank you for coming down thanks for the update. eighty seven department of labor and licensing. Welcome back. Thank you Mr chair the last occupational licensing boards the towing and recovery board that public comment period ended August the and we anticipate being on the September agenda next month hopefully following should file final rules September all right members any questions. Ninety nine thank you for the update thank you thanks Committee. The Texas to be a department of transformation and shared services. Morning this introduce yourself for the record you get started. Good morning alarm Ballard interim chief counsel for the department of transportation shared services we have two remaining items on the ACT five at ninety five rulemaking list the first is related to divisive concept that was ACT eleven hundred twenty twenty one that one and was delayed that has gone to public comment and has been submitted in time for the September meeting so we're hoping to bring up for you in September to have that finalized at the division of the Building Authority had and it outstanding role related to act for forty of twenty twenty one the delay for that rule was related to I think some of that there's an overhaul of the rule we took the opportunity to do more substantial overhaul of that rule what we were going to go through that process that has likewise going through public comment and should be ready for review in September so we will be back before you in September to hopefully get that rule finalized okay thank you members any questions. Seeing none thank you for the update. All right and the last item at this point is the office of Arkansas lottery. The morning just state your name for the record and you can get started. The Bill. In order. Nine in pushing the button with the face on account of. You go all right in your name thank you Mr chairman members of the committee Brent Standridge chief legal counsel for the partnering I was here last month with respect to an administrative rule that it was required under act six thirty six of last regular session is a noted the and we've actually completed the rule it's been submitted to the governor's office they approve that rule I really anticipated being before the committee in September for final approval but we've had some illness an office with all of the team of people that we have working on this rule because we're doing this rule is is going to be an operational rule that said it owns or other operational rules and we're actually going into all of our rules because There has there's not been anything done with those rule since twenty fifteen and they have references to the lottery commission which was abolished in twenty fifteen so we're having to go through and revamp all of those as well and basically we're at a point now where the this specific rule which were already complying with the legislation it's going to mere the legislation were already complying with that have been since last year it should be ready we have submitted for public comment which we can do forth with now as we have everybody back in it should be before this body for approval we didn't we hope to have before the body in September we're not gonna be able obviously to meet that because we September the fifteenth is the date and then there's not cover twentieth date that this committee is going to meet and we would anticipate having it ready for approval by that date. All right thank you members any questions on this item. I'm saying nine thank you for coming down thanks for the update thank you. That takes us to item F. on the agenda. These are the written updates pursuant to act five ninety five of twenty twenty one these updates are from the agencies regarding the status of the rulemaking implementing twenty twenty one or twenty twenty two legislation and are in your packets. These updates are from those agencies who have a later deadline for their rules then the June first deadline so they have more time for any questions. Ninety nine without objection we will file the office month the written updates we have no further business before the subcommittee thank you for your participation and we are adjourned.