ALC-Administrative Rules

I'm in the audience if you find your seat I just want to remind you that those that wish to comment on a rule if you would please go ahead and sign in on the sign in sheets down there at the right from the press table if you would and be sure to specify the role in which you wish to be making a comment and we'll be taking a sign up sheets of the sign in sheets in just a few minutes and after that we will allow anybody saying after that. First item on the agenda are the reports to the executive subcommittee you have three reports from the executive subcommittee in your packet regarding its approval of emergency rule since our last meeting and do I have a motion to adopt a report. Get a motion and a second all in favor say aye opposed motion carries. A items C. which are agency updates are not standing rules our next item on the agenda will include updates from those of the agencies that have not completed their rule making in accordance with Arkansas code annotated twenty five fifteen to sixteen is amended by act five ninety five of twenty twenty one. As you may recall from last month the act provided that if the agency determines the newly enacted law from the twenty twenty one regular session requires new amended rules and does not provide a different state those new amended rules were to be filed with the Secretary of State on or before June first two thousand twenty two under the law the agencies were required to file their roles with Legislative Council sufficiently in advance to this stage of Legislative Council could consider the role for approval before the June first St the statute further requires that the rules were not so filed the executive head of the agency or his or her designate shall appear before the administrative rules of candy to explain why the agency has been one unable to comply with a deadline to provide an update on the status of the rulemaking in three describe the steps being taken by the agency to address its failure to comply with the deadline and or for providing his paid to date for when the final version rule be filed with secretary state and just as a reminder while some of the rules may have been filed with us and are in the process these rules are not being considered for review or approval today that'll occur in the future today we just hear an update on the status of the rulemaking and we'll have each agency representative to come to the table to provide the update required by the statute the first agencies will be those that have no other business on today's agenda of those that do have rules on the agenda will be heard from at a later time and so this time we'll go ahead and call up the department of ag if you would please come to the table and those representative permanent if you would please introduce yourself for the record along with your title. White House chief counsel department of agriculture yes Sir go ahead at yes Sir thank you Mr chairman members committee this is the plant board's proposed rule to implement the industrial hemp production act and as you will recall there was a Supreme Court ruling in twenty twenty that removed half the plant board members and then it wasn't until November that we've got I'm sorry twenty twenty one that we got the plant board members reappointed so we got a little bit of a late start on this rule but even with that we had this on the agenda for review your review in may but just shortly before the May Day we heard from some industry representatives that had some issues that we are working with to try to iron out and we're continuing to work with them really hope to be able to present a rule to you next month. All right thank you any questions from members. All right thank you for presented today. The Department commerce. Mr and if you would please name title for the record when you get to the table. Thank you Mr chairman general council this is a rule we are we've issued an emergency rule rule one eighteen last month to implement ACT six sixty five or twenty twenty one we tried unsuccessfully to issue a rule to implement ACT six sixty five twice during the fall or winter of this year we were unable to get a consensus with the PBM industry and interested parties about data reporting so we tried again I filed a an emergency rule last month which is implementing ACT six sixty five yesterday we had a permanent hearing on the rule and we anticipate to be back in front of a LC for approval of a permanent role in September so I'll be glad to answer any questions any questions from members. All right thanks for the update Mr thank you. Of education. If you would name and title for the record please. Cortisol is for chief counsel for the department of education. The first rules governing in the school safety act for approved by the governor's office on June fifteenth and so those are currently out for public comment the public comment period ends on July twenty fifth and then upon final approval from our state board will hopefully be brought back here before a committee in September. The next were there any questions on the yeah let's do this members I'm going to let her role and if you've got a question just light up the board otherwise I'm just gonna lead role okay go ahead. The next one are the rules governing the school counseling improvement act act six fifty of two thousand twenty one it gave us the authority to promulgate but did not require rules and so the division is currently still looking at that and determining whether rules are necessary we hope to have a final decision made by spring and of at twenty twenty three and if rules if we do decide to promulgate rules will bring them at that time. The divisions rules governing this exceed scholarship program were approved for public comment released by our state board on July fourteenth twenty twenty two and will be next sent to the governor's office for approval in accordance with required procedures and so we hope to have those final and back to A. L. C. later this fall. The divisions rules governing nutrition and physical activity standards and body mass index were approved by the governor's office on June tenth they are currently out for public comment I take that back public comment period ended yesterday so those will go back to our state board for final approval and again hopefully be back here today see in September for your approval. Hang on one second please representative voted on this one. Four I'm sorry that's okay go ahead can you go back to the first one and tell me why we don't need rules for that on the school counseling in an act upon looking and when we started drafting rules it was determined that there was sufficient information in the law we do have adicional guidance and resources that are out there for school districts but there was nothing that was in actual additional requirement that we felt news rules were necessary for thank you. Go ahead. And finally the divisions rules governing professional development at ten eighty nine of twenty twenty one it did add a professional development requirements for school nurses that we will be including in the rules however we are looking at more major and revisions to those rules for the professional development for teachers and so instead of going through the promulgation process twice we were hoping to just go through it one time and the major revisions are taking longer than expected but we don't do still hope to have the final rules brought to ale C. early in twenty twenty three. All right answer any questions members any questions. All right thanks for the update thank you Department transformation shared services. I feel would please name and title for the record. Image rouse secretary department of transmission shared services. Warren Ballard staff attorney for the department transmission shared services okay your would please all right so we've got to rules out there the first one is the divisive concepts rule public comment period closed Monday we did not receive any public comments on that our goal is to have it to you all at the next meeting and should be approved in September I believe so that's where that one is and and hang on a second sorry that on this one representative Dotson. Or more Wardlaw. I don't look anything like Dotson I'm sorry thank god go ahead. I've got a motion property for item for which is Department of TSS. Say that again I'm sorry got distracted I have a motion at the proper time for I don't for a be a and B. of property to you might have a let him go to explain be and they'll come back to for motion. I think make the may be better to have a motion first because my motion is to put this item off to another months of so I wouldn't want to hear that explanation twice are you do know that these are just updates right I do okay all right I'm here motion a motion as we put this off to September of council meeting items for a and for B. I have a motion and second. Okay discussion to the motion. One favor here say aye. Posed. Okay thank you. All right Office of Arkansas lottery. If you would please name and title for the record. A brand push button there please thank you Sir. Thank you I'm not a good I'm gonna go now okay thank you good afternoon number instantiate legal counsel for office of the Arkansas lottery and the particular rule that we were required to. Implement percent ACT six thirty six of twenty twenty one was to establish the Arkansas scholarship Lottery trust account code lottery scholarship trust account. And to take money from two other accounts and put them all in that trust account and all that was actually done last year and then there has been an audit of that as well but the act also charged us with coming up with a rule to basically implement the provisions of the act and so we have done so initially we're we're up under the department of finance and administration so there was a question I guess my only on my part is to who would be responsible for. You know getting the rule through the process and it ultimately falls with the lottery because it's a lottery rule so since I was we actually have the real director sometime since I was here last time we saw any of the real to the governor's office we've gotten approval from the governor's office to go forward with the rule so would be our intention to go forward with the real get public comment file and so forth is required to I'll also say that we haven't had any amendments to a rule since twenty fifteen so one of the things that both the director and I have been working on really diligently is to go back and address. Things in the rules should be there for example are rules throughout our operational rules and also retailer rules referred to the Arkansas lottery commission. Is Your where the Commission was actually abolished by the Legislative back back in twenty fifteen but for whatever reason that did not get the address by any rules we've got the same rules in place since twenty fifteen so we're also doing that and we're also going to be in the process of getting those rules up in front of a the committee for approval so our goal is to have everything to have. Currently the six twenty six of six thirty six twenty twenty one rule as well as the other rules that we have before the legislature before this body in the September is our goal because then that would give this you know enough time thirty days I think August day would be pushing it but set the September days what would be shooting for as far as approval of our of all of our rules that were meaning right now. A questions from members. Okay appreciate the update thank you senator thank you Sir. All right members shall remain non to D. and the we do have a little bit of a long agenda so I would just ask the presenters if you would of to be as brief but get as thorough as possible in Russia with the Department commerce and state security department shall come forward please. If you will please the name title for the record. If you want to turn your there you go good afternoon Campbell maclaren interim commissioner Arkansas securities department. Can't hear any legislative affairs Arkansas securities firm care would you pull a little closer to you please thank you all right feel would go in presenter role plays and we're on. Thank you Mr chairman members we're here today to request approval of proposed amendments to the rules of the Arkansas securities commissioner of the proposed rule amendments contain continuing education requirement for and this investment adviser representatives updated policies and procedures requirements for broker dealers and investment advisers modification to the rules concerning advertising by investment advisers and other general clarifying provisions of the department received one comment during the written comment period period apartment held a public hearing on may second and no outside parties attended to make any private or public comment on the proposed rules and we're happy to take any questions members have any questions. Without objection this rule is reviewed and approved thank you all thank you. And department of energy environmental division please. The D. two. And if you all would please name and title for the record when you take your seat. Good afternoon Michael McAllister managing attorney for the department of energy and environment Daniel Pilkington attorney for the Arkansas department of energy and environment afternoon shall proceed please we're here for pollution control and ecology Commission rule twenty seven and amendments to that rule having to do with the licensing of operators of solid waste management facilities and the training and certification requirements for environmental officers of this amendment to the rule was required to comply with sex seven forty nine ACT seven. Seventy three of the two thousand twenty one session so this is the final step we've been through the rule making the comments The promulgation by the pollution control and ecology Commission and we would appreciate a favorable review. Any questions from members. They're without objection the rule is reviewed approved thank you all thanks thank you welcome to have department health please. If you would please name and title for the record. Thank you Mr chair members of the committee on Larson I'm general counsel for the department of health Charles Thompson attorney department health first Smith attorney for department of health okay we're on three A. rules governing the advisory board for interpreters between here in an individual's please. we vote for the proposed rules for a proposed changes for the rules governing the reservoir for interprets between hearing individuals and individuals who are deaf deaf blind and hard of hearing those changes are to interact Act one thirty five for automatic licensure for military individuals ACT seven twenty five to include the fee waiver and then some administrative changes regarding deadlines and for renewals to make that more efficient and clear for the members. Members have any questions. The objection rules reviewed and approved rules for home health agencies. Thank you Mr chair whichever for you is the proposed rules for the amendments to the home health agencies the road coming home health agencies in Arkansas they were done the majority of this amendments were done for compliance with that case seventeen we did have a number of comments from regarding acts eight seventeen some disagreements on on the intent of the act the Department went back and reviewed the reviewed all committees and as well as how the bill was presented on the floor in the testimony there of and we determined that we believe that we are correct in our interpretation of ACT eight seventeen as presented to the department I would be happy I mean I'm as presented to the legislature I would be happy to take any questions. Any questions from members. The comment about being able to provide quality care up to a hundred miles to Joel maybe make a statement about that or should any insight on that we did not we did respond to that senator Hammer we did not see the hundred miles is being health or safety issue but that is also pursuant to Arkansas General Assembly act so we didn't have there was no discretion there anyway. Okay any questions members. Without objection rules reviewed and approved massage therapy. Thank you Mr chair of what you have before you or the amendments to the month saas therapy rules in Arkansas the majority of the rule changes were regarding the earn and learn act adding apprenticeships to a path through apprenticeship for licensure of massage therapists we did have a number of comments on that accordingly we went back to the size technical advisory committee to ensure that we understood their intent and confirm their intent But as a result of the questions in regards we're result of the robust discussion at intact in the public comments we have added some ad hoc committees to look at maybe some changes in the future regarding sauce therapy rules we've actually had a couple of those meetings we have another set of meetings tomorrow we're gonna meet the meeting to September to maybe look at another rule revision to come before you all maybe starting next fall I'll be happy to take any questions and questions from members. Without objection rules reviewed and approved of let me just make this general comment. and let somebody signed up to speak against any of the rules I'm not going to say that our time we're just gonna roll on lesser is one so just for the record are rules pertaining to the State Board of of senator Elliots. Thank you Mr chairman of the committee this rule is revised pursuant to to access that were passed during the last session acts one thirty five and seven twenty five dealing with military members and also the earn and learn or excuse me the workforce expansion active twenty twenty one we had a public comment period there were no public comments we also present this rule before a public health and we received no comments and we would appreciate a good review and approval of this rule any comments questions from members. Without objection rules reviewed and approved rules pertain to water operator licensing. Thank you Mr chairman Burr said the committee again this rule is a similar licensure law dealing with rock water operator licensing we revise the rules to conform with the licensure amendments pursuant to access one thirty five seven twenty five an eight eleven of twenty twenty one we had a public comment were period we receive no public comments we presented the rule before public health and received no comments we appreciate a good review and approval any questions for members. Without objection rules reviewed approved and rules for hospices in Arkansas. Thank you Mr chair on what you have before you is the of amendment to the rules for hospices in Arkansas the two items were to ensure that compliance with the tuberculosis provisions for testing that hospices no longer have to test everyone on each year this is consistent with other healthcare entities in which we regulate they no longer have to test each year they just have to follow CDC guidance when it comes to regulations regulations infection control the other item was ensuring that hospice was in line with the no patient left behind act you all had heard and approved the rules for hospitals and critical access hospitals regarding ensuring that the rules reflected the intent of the act and sponsors intent on with this just the same thing with a hospital hospice is just just about a month behind and so it's a little like consistency across the entities regulated or entity subject to the occupation let alone that be happy to take any questions and questions from members. Without objection rules reviewed and approved thank you very much. Actually department Human Services. If you would name Intel of record and we're going to AT T. T. N. E. IDT transportation services. Hey good afternoon Melissa this am sorry I missed that most most so whether ten division director for developmental disabilities services I'm here today to talk about rule changes to particularly in regards to how we pay transportation for and providers who own and operate their own fleet of vehicles at early intervention day treatment centers which is for children with intellectual disabilities and developmental delays and those providers to run adult developmental day treatment centers who who serve adults with intellectual disability many of those providers own and operate their own bands system if they choose to we have the for years and years been paying them on a methodology called loaded mile meaning when and a child or adult. Literally loaded on to the van it was considered to be loaded and no matter who they picked up that a build based on that one individual. We know that was it an antiquated type of methodology that we've been looking at whether actuaries for several years and we are now proposing that we move to a per person per mileage rate four and these providers that is very consistent with how we pay other transportation brokers through a contract other than the transportation right which is that major change to these manuals we did do some clean up we worked with providers adhere to all that public hearing and public comment requirements received feedback and then did follow up calls with provider associations I think we're in a very good place I a providers are supportive of this and we worked through their concerns prior to bring it to you all so I'm happy to answer any questions. Representative Ladyman. Thank you Mr chairman this new rule will require providers to have cameras in their vans the correct it will of Willie's providers be given a grace period to install get these cameras in operating. Yes we talked about that internally we have done this and similar and other projects and we've allowed six months providers to get up to speed and I've discussed it with our provider services division and we're happy to allow that six month window for them to get the cameras installed thank you. Any questions any other members. Just this is a little bit of a side bar so we don't want to go off the trail too far in the meeting as stated I was attending that you ran. The availability of individuals transport are we are we pretty well blanket in the state or where are hurting pockets where you don't have. company second transport just real quick. Part of our issue is Medicaid pending can only be used for medical related transportation we we continue to have problems across the state if a client needs to be transported for something other than a medical appointment like for example if someone wants to be transported to college or that's even intellectually disabled and the Medicaid can't pay for that so we I will say that we do have a problem with just transportation in general if it's not medical services and then we continue to keep a very close eye on all of the and Medicaid funded transportation to ensure that who we pay is that hearing to the contract standards. And Senator Hammer if I may since you gave me the four on that so we I apologize on behalf of DHS that we neglected to introduce you yesterday at the council it was an oversight as nothing all right and any other questions. Right there with the objections rules reviewed and approved thank you welcome all right we're gonna go under item five representative Wardlaw you have a statement you need to make yes Sir just wanna make it clear that I'd be standing from the vote on item five due to a potential conflict no different any other Thomas said in here just wanna make you know thank you thank you duly noted for the record we get a department Human Services lives but it and for the skilled nursing facility payment methodology please. Of your there okay name and title for a record please yes yes Sir thank you Elizabeth and division director for Division of Medical Services. Go ahead okay and we're here today to present a rule to update the cost report methodology for skilled nursing facilities we've been working with the Arkansas health care an alliance our association on this rule and and over several months and all of these changes are agreed upon by them this is the first round of changes and we are have already started the second round. And this rule has not been updated just so you know in about twenty years so these are long overdue and the majority of these rules are bringing us up to federal costs at reimbursement methodology standards and I'll quickly go through the changes there are quite a few of them and I don't want to take up too much time and but some of them we did a lot of cleanup but some of the substantive changes include I'm changing how we pay per bed value and we have traditionally only paid one rates which is the fifty six thousand and dollar rate there we are trying to incentivize building private or semi private rooms with attached bathrooms and so we're using a tiered rate approach to incentivize I'm improving the way that nursing homes are built in that residents are House that hopes with and the spread of disease and in light of COVID we really think this is an important measure. We're also I'm dropping the minimum occupancy percentage down to sixty percent for state fiscal year twenty two and we will slowly raise that back up five percent every year until we reach seventy five percent again this is because of COVID it helps us to respond to the fact that nursing home and occupancy is just very low right now ends most nursing homes are having a hard time meeting those minimum occupancies. Hi we also updated the multiplier to. Match something that is more or more commonly used and and so now we will be using. At I can't remember what it's called but we replace the metes seasons corporate bond yield and it's a it's the fair market value methodology is what we're going to be using we increase the expense for minor equipment and it had traditionally been three hundred dollars and we're going up to twenty five hundred per item we are going to monitor this over the next year and see if we need to go up even further we weren't really able to get a good measure of that because we've had that three hundred dollar threshold for so long. I'm and then again we just change several inflation dachshund direct cost indexes just to update them and we've allowed for medication assistance to be added we've changed the deadlines for submitting reports so that they're more favorable for the providers and and like I said there's been quite a few clarifying language changes in there just to make things a little more clear and I'm happy to take any questions. representative Vaught thank you Mister chair I just want to thank you all I know it's something that we've been working on for quite a while to try to get these updated and something that's very much needed in my rule areas and I appreciate all the hard work that you've put in to to get this done as quickly as if none thank you thank you any other questions from members. So we just ask you getting the rest of it updated what's the what you're feeling is parsed up because I know it is not going task any current projected expectation out there as far as getting through the rest of them so I don't know the exact timeline I know those meetings have already started and we brought in a vendor to help us with those new at cost based changes and that finance team hi who's here and we can get to that timeline they're working with that vendor and their health care association ends I'm within our finance team to try to get the second round Hoosier vendor that you're working with. I'd House guide House got else okay you may favor if you would and you consented to up staff and will push up to rest committee if you guys not that we would hold you a hundred percent to but if there could be some sort of a guideline as far as reasonable expectation just so we could track this all the way to the completion please share all right thank you any questions from any other members. Are there without objection the rule is. Reviewed and approved thank you thank you of the Department labor licensing. And be for administrative roles of the board of electrical examiners first. If you all would please name and title for the record. When the more code program manager miles Morgan associate counsel. Dan Parker and as of last week on the chief legal counsel for the department of labor licensing are long time chief legal counsel date the niece Oxley retired on June the thirtieth so I look forward to working with everybody for you if you would please present yes thank you Mr chair with regard to the board of election designers there's several acts from the twenty twenty one session impacted the board required rulemaking as included acts one thirty five seven twenty seven twenty five seven forty six seven forty eight there was other rule amendments that included changes from prior legislative sessions there is also some grammatical stylistic of change changes as well as a result of transformation and Mr traders the code update with that section B. I don't know if you'd like me to to proceed with a section be. The second or you're talking about yes Mister let me go ahead and see if there any questions on this twenty questions from members. Without objection this rules reviewed approved okay the next one the national electrical code yes Sir thank you I thank you the of this proposed amendment update the estate why the code currently up to the twenty twenty edition of the natural national electrical code. And I will be happy to take any questions for that as well. The questions from committee members and I got Senator rush. Thank you for asking and through some of those couple of days ago and all I remembered was the national electrical code usually have questions don't need to go on a lot of detail is or anything big big changes in this. The update. It does provide some clarity as far as dealing with solar willing of soldiers the big room they've updated some of the codes for. For as far as the installation goes that are important for the life safety aspects as well as the for the contractors. Is there anything big in there for general contractors local contractors it. The only thing in there was one area that we did exempt it was the Arkansas ground breakers for you read this increasing my mind they they. They're just the technology is not there in our opinion for them to be implemented yet thank you the kind of carryover thank you. Any other questions for any other members. Without objection arose reviewed and approved thank you all. And the department of labor licensing this can be all too. Yes Mister chair the elevator safety board most of these rule changes were mandated by legislative changes in twenty twenty one as well other amendments reflected statutory changes from prior sessions as well as the grammatical and stylistic changes as a result of transformation the specific acts were one thirty five seven twenty five and ACT eight eleven of twenty twenty one. As a licensing of elevator mechanics you're talking about right yes you wanna make sure I'm so sorry about that no that's right they questions from members. Without objection rules reviewed and approved and you at the next one to. procedures for Arkansas home inspector registration board yes Mister chair and our Miss Charlotte Bradley she's also in attendance today so the director cheesemaker way up. Thank you. One if you would please name and title for the record please. Yes. Charlotte London. Administrator for the home inspector registration board to proceed please thank you Mr chair of these amendments are also primarily resulted in accidents in twenty nineteen and twenty twenty one there are a few minutes addressing the stylistic and grammatical changes as well as repealing obsolete language in the rules others one amendment requiring completion of three home inspections as part of a pre registration education process process. And I would be happy to take any questions any questions from members. Me assure quick as far as the licensure. Being out the door y'all or y'all current on getting the licenses and applications of for the home inspectors where where we stand on that are you all current with those. Right now yes you are right now yes okay very good all right any other questions from members. They're without objection rules reviewed approved thank you all thank you Mr chairman and apartment labor licensing board occupation no or again or something new coming to the table. Yes Mr grow. And if you would please name and title for the record. A great regardless crow administrator also public comment director of administrator the Arkansas contractors licensing or an afternoon we're on the residential contractors contractors committee rules pre process for registration residential referred yes surgeons Act ten seventy two of twenty one changed on resin to reverse from a license dropped electronic mail licensure registration with a bond the modifications to the rules removes any reckoning a reference to residential roofing from the licensing aspect and sets up the bond registration process. All right any questions members. The objection rules reviewed and approved of creating process for military licensure we are moved to in two things one we had in the past on rules on military losses or remove them all to one rule taken from different location move them all to one place make it easier for the military people find them and then we are actually trying to do something we think it's better than even automatic licensure or give them a temporary license the day the application comes in even if the application is not complete and a whole lot of applications are not complete again we'll have a license on that day hi it's a ninety day temporary losses we can expect ten extended if we need to. A questions from members. The privileges for the military folks servers it applicable to anybody else that's just for those military have a license in another state. Do you issued temporary licenses for other people that you do don't you okay solider process but yes we have and we have a a temporary process for everybody our question members. Without objection rules reviewed and approved criminal background checks on the thing this rule does is take out the reference to be permanently disqualifying offenses that were in the nineteen ACT they were taken out in the twenty one ACT. Or any questions members. Without objection rules reviewed approved the credit process for fee waiver that's an act in compliance with at seven twenty five. Any questions remembers. The objection road reviewed approved of cleanup language as on the commercial side removed reference the word general contractor that causes confusion the statute now talks about prime contractors and subcontractors as opposed to general contractor and also clarifies that a construction management can be done by anybody who within the scope of their license and then glass clean up was another one all references to the residential builders Committee which with the names from twenty years ago it's now called the residential contractors committee and I just had not caught that before in need to clean it up. Okay questions from members. The objection rules reviewed and approved bond in lieu financial statement this allows contractors to submit it on his on the commercial side of bond in the financial statement it sucks out the the process for them to do that most of my smaller contractors allotment and saving the money. Okay a question members. The objection rules reviewed and approved subcontractor subcontractor registration another thing we've done to try to. Your own contractors this allows subcontractors a licensed contractors could not be licensed to be registered instead it's much simpler quicker easy process to process this question questions members. The objection rules reviewed and approved creating process military licensure Zacks same thing from the residential side noncommercial side again get some a temporary license the minute they apply even is not complete. Questions for members. Third generation road reviewed and approved create process for fee waiver again percent ACT seven twenty five the waiver. The question members. Represent Cozart. Here available and set my full thank you Mr Mr crow good C. again this summer. You expand a little bit on that fee waiver what that actually does so the the statute and all we do is basically parent the statute of the statute says and I'm gonna have to look at the role for for so for give me one second I'll just give it your best of the fate the V. waiver of if you would got assistance I don't know if you got food stamps if you got Medicaid if you do unemployment I think are you get you get a first year license fee waivers not originals it's only for the first year and it's and we've actually had I'm surprised we've got a few on the residential side of the river I don't think we've had any on the commercial side but we've had a few in a central side who who who have requested in the time the freeway that's kind of what I thought and what I just want to remind us of this letter body else know what that actually meant so yes thank you. Representative Fortner. Thank you Mr chairman if I could back up to a. Yes Sir. That I was reading the description and got lost in my thought is this in a is this in addition to license no service as opposed to licensure so if you if you have a license for example for a builder or remodeler or for anything else you don't need this but if you we had quite a few people who had a specialty license of just referred in this replaces that so they no longer have a license of the things that have a a registration and I'm also a public comment we only have one public comment on that and it was very positive thank you. All right members of back to I any questions on the creating process for wavy. That for this one Senator Dismang. In general but it more general questions you want to come back to me in regards to how does not apply to some other Issues that may be happening in. Counted cross state guards licensure. What I'm going to okay you want you want to get well it is it on this issue can I go ahead. Go ahead ask questions well I mean so in general you've had some cities require licensure religious for did to change out of toilet or to paint a bedroom or to whatever so if in this is particularly on rental property so property owners are not able to perform the most basic of work on their rental properties without having a contractor involved in that in its specifically stated residential like it's a full blown contractor has to be in charge of the project the and I'm saying the paint on the interior of a home has to be done by a contractor what what we what what is the guy and we need to somehow issued guidance to the cities because I think it's well outside the scope of what we intended or how do how do we rectify that I'll make it more realistic had this issue have one name cities understand but couple different I committed to a particular this published more and I have advise the city's what the law is the law is clear that no license is required by anybody on those type of projects the homeowner is exempt the property owner is exempt in those situations whether it's commercial or residential I've been told by my business all I can do is try to contact the consumer to call me is that. All I can tell the city is this you know and and I know what I position and I'll fight Saddam loss in the letter of the email a text a phone call whatever you wait every way I can tell them that they're wrong but I don't control the. I'm. I'm open to suggestions as to okay the law is crystal clear yup I my opinion we don't need a modification law because the law is crystal clear degree that the property owners are exempt no none I appreciate that move will sort will begin at some point but it you know just for it is a it is issue yes it and it's an issue that's arising in and some of the cities and kind of it is their interpretation of our laws what they will fall back on and we need and will provide clarification they're not accepting clarification so but with that I will be happy to. It's on our website in addition to what's already there about that issue of whatever Senator you'd like me to do all of our final meet with the mayor of the city I'll be happy to use it will take me to when I wanna request that this. But they will now Senator I. Quick question back on aid for Mister car which way whatever. Or is Senate yet against a rush order I have a quick question on a four research programs when the table okay we'll we'll finish up not collected for his wife and to. But it okay all right any questions on a. That objection rules reviewed and approved J. luminaries reference to permanently disqualifying offenses yes Sullivan. Go ahead lemonades it just eliminates the the the rules without that after the nineteen session referred to apartments called on offense which was removed by legislation and twenty one so removes that reference okay any questions remembers. Without objection rules reviewed and approved Senator rush you're recognized her yeah Mr back on a on rivers what is the penalty for not having a license referred to this the same penalty for not having a license is not having registration is up to four dollars a day of everything okay again we don't hardly out of someone's someone's back to the state that you're just gonna slap on the wrist or warning that the but they if their content of I can confirm all these we don't we almost exclusively deal with consumer complaints we hardly ever go out and just find somebody who doesn't have a license addition to be able to answer that question thanks or more dollars a day for the same activity is the Max we don't we talked to that ever thank you. Representatives' Dotchin. Thank you Mr chair The. The registration fee how long is that registration good for one year one year and you said it replaced license yes Sir what was the licensee the licensing fee for a first initial application was fifty dollars and then renewals or twenty five for purposes at this lower twenty so it actually went down yes Sir all right thank you. Correct any quicker any other questions for the John. Okay thank you all for being here today thank you so. And we have a department of public safety. Odeon. Okay. If you would please name title for the record. Good afternoon Mr chairman Cody Hiland chief legal counsel for the department of public safety. Okay go ahead please and it's a law enforcement family relief trust fund. yes Sir pursued to ACT seven sixty five twenty twenty one of the law enforcement family relief check off program in the law enforcement family relief Trust Fund were created these rules established eligibility criteria requirements to allow for the implementation of those programs that are going to be a very nice support for law enforcement and is yet another manifestation of the General Assembly that they care about the people out there put their lives on the line for us so we very much appreciate all right representative very. Thank you Senator Hammer and Mister Allen I appreciate your support and getting when we've gone to this a few times and until we got it right appreciate the support and you know this is a a great opportunity use resources to mitigate some of the challenges that family members have after the loss of a loved one with that being said we lost a loved one Sunday. a police officer in Jonesborough and training well with the leader in is is pretty disturbing in my mind I have a quite a bit of experience with heat related to injuries and how to prevent heat related injuries on the battlefield and and training and there is absolutely no excuse for heat related. casualty in a training environment especially when the department of health has he excessive heat warnings all over the state for several weeks it is a duty and responsibility leadership and supervision to make sure that they protect anybody officers soldiers airman who whoever in a training environment in this situation this was not done and we lost an officer another officer had to get a transported to by EMS to the hospital because excessive heat. And I just I don't think that the instructors used to risk management assessment to determine whether these officers should be out in a hot environment on Sunday and training specially after warnings of from the health department so my questions are one what is the Secretary done at this point to prevent the potential for heat related casualties to occur in the future in a training environment. Did you miss the first three of the way for yourself thank you answer that one. Well I guess I'm curious representative berry how you know how he passed away when we have it heard from the crime that if you're from the crime lab as to what the cause of death was we will get to that here no not at all the sponsors DOM stop. Stop. Asian code. Richey Highlander onto my G. left when you lease. Thank you Sir. Representative very. It's typical that a person at the table would not ask questions back to the Committee. But let me let me handle it this way let's back up representative berry would you restate your question please to Mr Holland. Mr Hylan what has a secretary done to prevent any heat related cash please like the tally that happened Sunday in a training environment. Representative very there are multiple health precautions taken effect there was an ambulance on site. Prior to that the the the health of the people that go through these training exercises the are of utmost concern to the the leadership of the department of public safety and leader and. There again that I can't speak to exactly what happened because I don't know I don't have that information but at the end of the day accidents happen in the faxes can be prevented that we need to do everything we can to prevent. But I'm I'm uncomfortable Mr chairman answering a question about facts that I have. No knowledge very good very good all right stop right there represent very do you have a following one final question Mr chairman thank you. Can you provide me with what training that the instructor's of the Senate Arkansas law enforcement training academy has had and to prevent heat related casualties yeah we can provide that information to you Blake resident staff please missile will passed out to the committee yeah any other questions on this item. I'm sorry. Representative Cavenaugh and this is really for you Mister chair and my concern is also what happens because I represent Jonesborough I would like to ask that. Since the German here doesn't have any of the answers what we're asking if we can request that sin US secretary cook be here tomorrow so that we can ask these questions I think that for the purpose of what this committee is here for that we are going to take care of the one item that is on the agenda that's within our for lack of better term jurisdictions committee and I would suggest representative Cavenaugh you speak to the chairs of A. L. C. and make that request to them. You're welcome any other questions regarding the rule before. Then without objection rules reviewed thank you. A item eleven. Regional solid waste management please. Good afternoon feel would please name and title for the record. And if you push it what is reddit is live. Good afternoon Tiffany Dunn executive director for the slain County solid waste management district. Mr chairman members of the committee Sam gives an attorney for the slain County regional solid waste management district board good afternoon if you will please presenter role on the requirements for a solid waste hauler licensing and vehicle permits please. The what we're presenting today is an amendment to our existing rule of because of. Some changes in what's available through. The department finance we have amended. Our requirements so that. Solid waste haulers are required only to prove the that they have been issued. A sales tax permit rather than the good standing letter that was required previously this will make a licensing process less burdensome on the holders and a little bit more prompt to complete each year. All right pay questions from members. Right then without objection route is review created thank you Sir thank you all very much good seeing from sling County. All right. In good shape. Okay all right members excited me we have some rules recommending an expedited process and procedure for occupational licensure of uniformed servicemembers veterans and their spouses percent ACT one thirty five a twenty twenty one this is the preliminary review prior to the public comment period rules will be will return to the subcommittee for review and approval after the public comment period expires and will of someone with the agency please come up in your use of the record explained proposed rule. The Department health. Afternoon if you would name twelve for the record please Sir Matt Gilmore department health. Go ahead. Thank you Mr chair I'm here for the what a little examiners of the department of health they're requesting to do expedited military licensure instead of automatic and just ask the permission to proceed in before with their public comment and written real. Are there any questions from members. Right to without objections rules review thank you thank you. Well here for the remainder of the agency updates on outstanding rules some the rules we just heard were considered outstanding she wanted to allow those agencies the opportunity to have those heard before providing their updates on the status of the rulemaking and if we can get the following come up please partminer Jean environmental. If you will please would please name title for the record good afternoon Mr chairman my name is Julie link I'm the chief administrator of the environment for the state of Arkansas I have the pleasure of having required legal intern and. Hanoch Kylie and today is our first day in the capital ever she's a student just finished her first year of law school the university of Arkansas we're here to answer any questions you might have very good welcome this afternoon. Any questions from members. Okay thank you for your parents today thank you that's prizes is going to get by the way so. All right of the Department financial ministration. What. If you would please name and title for the record. Thank you Mr chair Alicia Austin Smith with the FAA and the senior counsel okay if you would proceed I've got law enforcement family relief trust fund right yes Sir that is the same role that was on the earlier agenda as D. ten e's so it is anticipated that that rule be filed with the Secretary of State for adoption as soon as it's receiving full approval thank you members of any questions. And just a brief explanation because of the way the law was written and the way it had to be applied we did this in this order because these have been heard but because they kind of fill in a gap area that's why we're having to do it this way just a brief explanation all right how about that actual please yes are the rules percent to ACT nine seventy eight it creates a sales and use tax exemption for water use by poultry farm we had our public comment here it period meeting last week we did not receive any comments the public comment period has ended this week so we are submitting the roll to the subcommittee and hope to be on next month's agenda or any questions. Thank you for being here thank you welcome Department health please. The draw for we've just. But with math Gilmore department health you just heard a second or two ago about the dental examiners board they are moving forward they had the had the rules or promulgated or moving forward in the in the right direction early on working with a couple of the boards on some of language for other acts that might impact the heirs of regular public comment yes more feedback and some comments. They pulled the rules back there so there's been a delay but they are moving forward hope to have this to this committee in August. Okay a questions member. Thank you next one. The board of examiners speech language pathology they started their promulgation process early on in the process after the last session. Did a lot of clean up around speech pathologist assistance getting that right a lot of stakeholder meetings that the late things but they are moving forward they hope they presented their changes to public health committee last month actually this month I should say they will be in this committee next month as if all goes as planned any questions members. thank you next one. The state medical board had numerous acts of several of the changes they were looking at can can Coincided with other boards language they were making with their acts they were doing with the rules they have reach consensus on most of those with stakeholders and public comment to have all those in this committee analogues. A questions members. Thank you next one. And the next one the of full immigrants Committee you should hear that one shortly I think we will that'll be an update for that one if that's okay. All right thank you any questions members. Thank you thank you well of. Per health or shoot. Your name tell for the record please. Thank you Mr chairman by the Committee on l'arche and general counsel for the department of health thank you Mr Charles Thompson turning for the Arkansas department of L. go ahead. Thank you we have at ten remaining rules under item for the first six under A. B. C. D. E. and F. were presented today and reviewed and approved they deal with home health hospice interpreters massage therapy sanitary and water operators if they're approved by a LC tomorrow as expected we can file the final rule with the Secretary of State any questions members. Okay be. And that was a report for a through F. I'm sorry about that okay any questions are members. Okay G.. Looking to G. we have the rules governing medical marijuana registration testing and labeling this particular rule has gone through extensive revisions after public comments it is still pending there's also a court case that has a pending motion to dismiss in plastic county circuit court that we're monitoring and we hope to have amendments once the court cases decided. The questions members. Page looking to age the rules for abortion facilities we had several public comments on that prior to the DA's ruling in June of this year we're still looking at the rules with regard to the licensing aspect of the facilities there are still several reporting requirements for those facilities and so we are revising those rules according to the recent case and the current state of the law in any questions members. I. Looking to I we have the rules for cosmetology body art permanent and semi permanent cosmetics we have spoken with the sponsor of the act that affected this rule of ACT nine hundred and we have worked with several stakeholders and to get the revisions an agreement in it And as consensus with the stakeholders we have a revisions and hope to continue to move forward and hopefully we'll have a final rule and this fall or winter. J. question members J.. And finally at the rules of a volunteer health are going to be presented to the board of health next Thursday July twenty eighth they'll be presented to the board hopefully I reviewed and approved and the governor's office will at receive their information on those rules and hopefully we can move forward with the administrative procedure act after that the questions members. Thank you thank you your department labor licensing. Thank you Mr chairman miles Morgan associate counsel part of labor licensing items A. B. C. and D. I regard the electoral Xander's elevator safety toward home inspector registration board and contractors licensing board has been reviewed and approved today Mister chair with regard to the state athletic commission the public comment period ended July first the rules that we anticipate being on the August Genda and towing recovery Board that public comment period ends August fifth and we anticipate that being on the September agenda. Thank questions members. All right thank you thank you Mr chairman Parma public safety Cody. Name title for the record please. Katie Allen chief legal counsel for apartment blocks public safety all right to hickory. I mean. Mr chairman the The rules are just voted on th. Just voted out earlier single. Okay any questions members. All right thank you appreciate it. Anandji there shall be the July monthly. All right okay neck shall be the July monthly written updates percent tax five ninety five twenty twenty one these updates or if the agencies regarding the status of the rule making implementation implementing twenty twenty one and twenty two and twenty two legislation are you package these updates are for those agencies who of. A later deadline for the rules than June first so they have more time any questions. The no objection we're going to file the July monthly updates. Next need to take up the supplemental agenda if you would please. And if those up there here present role come forward. Hold on a second if you would. Members let me tell you what's going on this is a role that was heard previously it's been through the public comment it was I think we'll find out meant actually restored what was and just for the record without objection we're gonna take this up for discussion this time any objection. All right no objection noted you'll proceed for Dame tile for the record please Senate had for director the board of nursing. David Dodson a general counsel for the board of nursing Amy and redirector of the State Medical Board okay fuel would please proceed thank you Mr chairman and committee as senator Hammer said we've been here last month with these rules these are related to the full independent practice committee. practice for a P. RN's there were some concerns last month related to parts of the proposed rules for qualifications did not align with the statute so we took the rolls back we've done some revision with some assistance from several of our legislators and if you'll look on section three qualifications for full and practice independent practice the changes we made were a two we change the letters of references from your reserve originally three we changed it to one now it's too we took out number five the after notarized affidavit from the nurse practitioner and we Revis number six which was the greatest concern of not matching the statute and it is now the new number five it requires the affidavit to come from the server of the collaborating physician and if that is not just for let me interrupt you for a quick second members what you have will be a hard copy but there you might want to look at the paper clip on the agenda on your laptop Jeff for for deeper dive okay for the role okay go ahead okay and then number five just outlines the changes that we made that aligned with the statute. Okay but it yes Sir all right a questions from members. All right represent option thank you Mr chair so looking through here. The the changes from the last month the revised copy that we have here. The ones. But it kind of confusing what's in red. Is deleted correct. And then you re wrote section five and that's all new okay the red number six this long struck through yeah it was re written and is the new number five that is bill it and then you added a number six after that that was a part of the. Yes that is always be a part of it. It may have been a different number in the previous one but that's the way the numbers down there but that's submission of any other relevant documents requested by the committee in support of the application has been a part of this document since the creation of the proposed rules and if I recall the. At least the the part of the rule that I recall from last month ended at the end of the red struck out part. Have you added the. Renewals this section for the fees and as all that new now added that was there to that was there yes Sir just must miss that last month All right. Keep looking through it I can't find a copy from last month that some just trying to. Compare thank you. Any other questions for members. Senator sorry **** stepped out are we at approving. It'll be I'm not saying that but it will be without objections rule be reviewed approved at the appropriate time. Okay we're not there yet I'm taking questions. I see I see and I apologize I stepped out but could you just. For my. At. I guess you know we were all in this room and kind of discuss those different changes and is there anything that I just on the be part of that section where it says you know if they cannot get the certified affidavit from the club retain collaborating physician is there anything that creates a loophole to where they could just automatically go from the instead of going through with the a. Well if you look in below the five the to the burden should be on the nurse practitioner to provide sufficient evidence to support the nurse practitioners inability to obtain an affidavit from the collaborating physician so it will be up to the committee to determine what sufficient evidence is so I would assume the committee would not allow something to slip through with a live call but. But as for okay so quick question who would be the members of the committee with the a physician the committee has been appointed by the governor therefore physicians on the committee okay or a PR ends on the committee okay so so that would be familiar with what type of evidence that might need to be sufficient or ask for or whatever yes okay. Okay. Represent Dotson. Thank you Mr chair so looking through here. I'm sorry if I haven't found it and it's in this new section five you no longer have to have a notarized affidavit attesting the number that. Not in the rule hit does not require the affidavit like we originally had however in the application for full independent practice there is a question that the nurse attest to that they have the number of hours and it is a legal at a station. Okay. But that's that's no longer that that part wasn't translated over that part that's missing from last month's rule correct. K.. So. Thank you to. Senator Irvin. So just could you go down here sorry I'm over here can you got under a lot of thinking as to why you change that I mean the reason I'm asking is kind of we all met about this we kind of came to resolution and so when I come in today I'm expecting it to be what we left it at when we all made an agreement and then the resolution was just a pet back in what was stricken and just put it right back into the role and so then today I come in and it's difference. Then what I thought we had all agreed to. So I just would like to know kind of your why because that becomes problematic when when it we have a group of people that meet about something we all come to an agreement. And then we leave that agreements. And it comes back to us it's different than what we just we just said we were good with the rule as it was and you struck all the just put it all back in. With some typos changed then. What happens and and what what happened and why wouldn't that same group of people come be notified at least and have the opportunity to review it until right now. I'm fortunate I was not in the meeting with when all of you all got together on that Friday and made an agreement and this is the way it was proposed back to the Committee is what the can y'all that group that met this was what we were told gallery to. So we did not question that. No no what we we all were super clear even you were here that day and we just sat we and we told you that day we wanted to just put everything back in and that was that was struck struck all this language from the original rule we wanted just don't put it right back and restore the rule and then that was kind of what we left it at and then today we have something different and so I just think you need to explain like that group of US legislators who were very involved with that we could've it would've been nice to say Hey let me just call everybody back in here this call we're out this is the process we went through this is what we found. Because to me and I'm trying to be fair because. You know I just I thought that's what I was going to be coming back to see and that's not what I'm seein so just need to have an explanation of it that's. What made you want to do so for the record please. Gilmore Martin health. Okay you for your comment you yeah I guess so don't say I was in the we there was a meeting after last rules committee purpose gives me before LC of last month. And we were we were handed a market line through what was requested be put back in. I had some conversations with members we worked with the committees assigned AG Attorney. There was suggestions on some clean up as to the way this was originally written to make it read more clear. And I think that the Committee and the age you're turning that help right this with Mr effort in this Ameri I think we were under the understanding this was the. This was the same thing that was up there and above it was line through down below maybe reported in a slightly different but I think it was for consistency with my understanding. And that's that's where we will they mean the committee has reviewed it they work with the AG attorney I think the we had under the under the impression this was you know We would be helpful to when this was written. I don't know what else to say that point. Dot Mr thank you for the latitude I mean just for me for my purpose I appreciate that very much and that this put you all in a bad position it's it's just got to communication I mean it communication and having professionalism with one another not with y'all but we even with all within ourselves right and so there was a group of us you know that meant discussed and agreed and talked about it to try to kind of figure it out together so that would be consistent with the law that was passed and we kind of walked out of that room and said yeah this makes sense to all of us and then you know it changed it's just a matter of just collegiality and and saying we're trying to work on this collaborative plan together so that we don't get to get blindsided when we come in not knowing that you know that something else transpired or somebody else brought into the conversation because it just you know then it just kind of more and then you catch people off guard and that's just not helpful on the rulemaking process when you kind of have an agreements and you leave the room with an agreement and then it's changed and that's not on the all I don't think I think that's just the process but we we we got we got to stick to that type of a because stick to that in my opinion or you bring back that same group of people and go what do you think about this are you good with this. Okay any a response I would agree I think that you know the we've tried to. Okay I think it was poorly I should use a report I think it could have been cleaned up slightly from what was originally in there I think that those changes were done in good faith trying to make it's clear it's possible I don't. I think there's any major changes from what was stricken originally I know it's a different format with hard to follow but I think it would be easier for the licensee to understand what's required and I think that the committee understands this body is directive intent to get a hold these licensees to the. To the standard set forth in the statute and and required to be a I am going to practice in the area. Okay going to represent Johnson Lee Johnson. Thank you Mr chair and some of this may be on me you know the question I would have is the mark at that we walked out of some of that market was in conflict with the statute that was my understanding what the mark was written there are some things in the market that we're trying to address an out of state APR and coming to the state in trying to address the issue of whether they practice collaboratively and not in the person working there about if they came from a state that was acquired this statute is pretty clear am I correct it's that there is no pathway for anyone from out of state government practices so any language that mark reflecting out of state people coming to state couldn't be included in the role in sub any rephrasing of that mark up was intended to strike that language that couldn't be in the role the content of what we have should be consistent with what we left in the committee with with the only exception being the wording about out of state APR is because it just that's a in my opinion and I'm you know helped craft the legislation it was a flaw in the legislation we should have done better riding that legislation to allow for out of state carriers we used it and so there can't be anything the rules is that would be my understanding that would create any sort of pathway for an out of state person to come into state unless a coming from a state with collaborative agreement is that correct. Yes that's correct. That would have to be changed legislatively. Don't represent just all right we're gonna go to. Representative Dotson next. Thank you Mr. Thank you for bringing this back and I've looked through it now both last month's version in this month's version and And I think from a. From. What we were we were thinking it would be real simple to just put all the read back in. Fix the typos and you have a clean rule and we wouldn't be having this long discussion so just. Thank you for the future if you make a simplistic as possible. It might not get to this complication level but I've gone back and looked at both of these with the exception of the I had never heard going from to two letters versus the one letter the three letters and I don't know what the the mentality of a switching that piece of it around is but other than that the the section six or the was that the new section five of the the rule does appear to do everything of putting back the red that we're talking about and so I mean I'm I'm completely fine with that the way it is I think you've accomplished the intent of what that meeting was and probably did make it a little bit more clear for the general public so that that that listed section three A. dash for stuff that was part of the original red that just needed clarification. Your you seem to accomplish that so I'm in support of the rule as is thank you. Serving. And this could be a a question for represent Johnson actually that my understanding though is that they needed the. I mean right now if you're in the state of Arkansas you do have a collaborative agreement right so if you so why would you need the other pathway under subsection be. As the other evidence and and is it just because of maybe perhaps military or. What what chair's rollout share Johnson you unlike you up and you'll have a dialogue and I'll let it go street between the two of you okay thank you thank you Mr yes so the way we were when the market that we were trying to get back to them Mr we had some at my memory of that market that I can't find it in my phone right now but my memory was it was tried trying to create cabbie outs for people that practice in the state they didn't have a collaborative agreement the way the rule reads now you know you can only come in you can only get you can only apply for independent practice authority if you've practice sixty two hundred forty hours under a collaborative agreement if you're coming from a state that doesn't have collaborative practice agreement the only pathway for you to apply would be to come to Arkansas practice for sixteen Jan forty hours under a collaborative agreement get an affidavit from your physician saying you have done that there is there is no other pathway so the only pathway to apply the way I understand this rule in the way the intent legislation is now as it stands is you have to practice under a collaborative agreement for sixty two or forty hours either in Arkansas or in a state that has a collaborative practice agreement cabbie ought the other evidence that are talking about is more about if if the collaborative physician's debt so we had to try to include some language in there in case the position was passed away that you worked with so the other thing is asking for right but is the soap so thank you for the good that the latitude but it's. So you have to have an affidavit from the collaborating physician but you're saying that the the other evidences only if it the collaborating physician is passed away by their service there's other things and not be section of that rule there's also the number six which is any other evidence the committee wants ask for. So so the minimum is you have to have an affidavit from your clarity physician attesting to your hours or in the event that you're collaborative practice physician is dead you have to have these other things and anything else the committee wants to ask for for in in regard of evidence okay that's what I understand the rule to be written okay I just wanna make sure that there's not two separate pathways where everyone is an affidavit from a club team physician the other one is if they've disease or if you just can't find them. That makes it like I just wanna make sure the language is tight enough to where it's not just you can't find a quote unquote yeah it just says person okay so in the event that he has died disabled. Yes there are say if you can get the affidavit there's. There would be two pathways all of which require some kind of proof that you did the sixty two hundred forty hours one would be a physician who collaborated with is available and they give you the affidavit the one is the physician's unavailable in which case you have to provide this other evidence and it did you know it the burns I says the burden should be on the nurse practitioner prosecution evidence is set to the committee to decide when sufficient evidence has been obtained yeah it's not that was the part that concern me just to be Frank just because you know it's the definition of that if they're available or not may I understand of the deceased or not available but it's also so I just wanna make sure we're tight and nights so it's not well that's I don't want to you know I just wanna make sure that client language is tight enough that's that's all I there there could be rules there can be improvements I think I agree there could improvements with all of this sure that need to be made that thank you for the club clarification. Okay. Any other questions. Would you name off who's on the committee do you do you have that on top of your head real quick. that can take to the doctors and the nurses. Just hit the high spots. Okay Dr Julia ponder APRN Dr Darling Byrd APRN Dr mark foster APR in and doctor Lee County to Clark APR in. Dr Mitzi Skelton and she is at Jonesborough. I am the right. R. M. D. plus indie all the physicians are in days I'm sorry I have my list and that's fine and Dr William Hawkins he is that's good to have the the one of the other point is the Committee. Has the latitude to ask for whatever they want if there is not and this rule No Way prohibits the committee from asking for anything in order to get to a comfort level in order to grant the full practice authority is that a fair and accurate statement that's very accurate the committee's gonna have to be careful whatever the nurse proposes the committee may say this is not enough go back. By the board and until they're satisfied they will not be granted for one thing practice or. Their job represent Johnson. One more question said just for clarification we keep records of nurse practitioners and either collaborating with correct yes so we know in the state of Arkansas if a nurse practitioner has a collaborative agreement with the physician we know who that physician is we know what time period that collaborated with that physician that's all verifiable in on record for the committee to access so if there is a question has the physician relocated to the instead is the out of state all that stuff is there for the committee to verify through the records that we already regularly keep is that correct that is correct so if if you get a latitude there you know it so if someone were to say Hey doctor Jones I just can't find him I've been trying to find him and we can tell whether you still license in Arkansas we can tell whether in fact the nurse actually has collaborated with that individual physician for a period of sixty four for a period of three years more all that stuff should be acceptable correct it will all be provided this part of the the staff will put together an application packet and all of that information will be provided to the committee that's on file with the board of nursing that they've had these physicians during these period of time so that you know the thing with the nurses submitted and what we have on file sure okay thank you senator. Yes that that is the conversation that needs to occur right thank you I mean because that's you know that's where we need to make sure that we have that dialogue and understanding to wear how that language is written to make sure that there's the back up of the availability to actually. Make sure that's verified you know because it could be well they're not available what did you try to find up to try to you know I mean I'm not trying to be flippant but it's just so important where the language is written that's what that's why I had a concern because it was different from what we saw in and I wanna make sure you know that that's tightly monitored and so that's very good conversation thank you. I see no other questions with the objections road reviewed and approved thank you Committee thank you all very much we have no further business for the subcommittee meeting Mr.