ALC-Administrative Rules

The meeting a rule started this morning as you can tell by the amount of paperwork you get I guess we got a long agenda this morning we do have it reserved for in the morning at ten o'clock in the event we can't get through everything today to come back and finish up but just to give you a little perspective mind intent is to be done today and we may go till twelve thirty but will have to be out here by twelve thirty in order for the staff to have time to get the room set up for the next meeting at one thirty but so I hope that you had a chance to look through the material she got questions ready and that I respect everybody's desire to talk through it but if we could move through expeditiously all holding questions I've got until after the members have had a chance S. there's and then we'll move on so with that being said first item on the agenda or any reports of the executive subcommittee you have one report for the executive subcommittee in your packet regarding its approval of a merger emergency rule since our last meeting of like to get a motion to adopt this report thank emotion plays. Got a motion the second. Got a second all in favor say aye. A post motion carries next are going to be the reports on the administrative directives percent ACT twelve fifty eight two thousand fifteen for the first quarter ending December thirty first we have next we have our quarterly reports on administrative directives so if we can get the agency to come forward please at present there quarterly report. Lynch I think that you. And if you would name and title for the record please and good morning. Good morning Mr chairman thank you committee members Lindsey Wallace I'm the chief of staff of the department of corrections in lands the limiter in that's gonna be exhibit C. one and C. two is what we're looking at members okay let's you go ahead okay good morning everyone I am here today to present the quarterly report on new and revised directives and memorandums issue during the fourth quarter of calendar year twenty one beginning with secretarial directives there were two that were issued the first one is S. C. twenty twenty one dash nineteen governing time computation reviews this directive was created to establish guidelines that govern time computation reviews it addresses any potential discrepancies that are related to time calculation for offenders and the Division of correction and community correction it sets up an independent review system utilizing the sentencing commission which came into the department in twenty nineteen I mean it should it ensures relevant policies related to time calculation or reviews regularly to make sure that time calculation is done properly. The next one is S. the twenty twenty one dash twenty governing policy development and implementation and the secretarial directive was updated to reflect current practices regarding the development and implementation of department policies rules and directives it just the intent of this was just this further streamline existing policy development rules for the department and agencies within some things that were updated ACT five ninety five reporting which is a tracking reg of Arkansas Code skews me a rules after they have been required through legislation and this addresses things like that moving on to administrative directives there were there was one administrative directive that was repealed during the last quarter of twenty twenty one and it was for the Division of correction the procedures for the development and distribution of department policies and that was due to the re issuance of the updated secretarial directives governing policy development and implementation for the division of community corrections similarly to that of the division of correction eighty twenty eighteen dash eleven governing policy and procedure development was also repealed by the issuance of the secretarial directive on policy development and implementation and that concludes my report for the last quarter of twenty twenty one for the department of corrections all right thank you any questions from members. Without objection this report will be reviewed and filed thank you I have one for the parole board as well see to yes there I'm here to present for the parole board their report on one policies issue during the last quarter of twenty twenty one as well and they had no administrative directives or memos issued during the last quarter and that concludes that report right to the questions from members. Without objection this report will be reviewed and filed thanks for being here thank you thank you all right one to the item D. on the agenda and first up will be the Arkansas public employees retirement system. Should be a the one in your packet. Twenty ways to fill would please name and title for the record. You will push that button there please. Right there at the bottom. Try the one to the left you see that. Not yet. Could you try years on the right there. There it is all right there we go they go Now turn one off to your left if you would please. Thank you good morning good good morning Allison was interim director. Laura Gilson general counsel very good all right and we're gonna go with the one eight please. So we have to rules in the promulgation process the first one drop provisions is as a result of Act two at five eighteen of twenty twenty one it change the maximum participation duration at the drop of from seven years to ten years so we updated this rule to reflect that as well as some minor since non substantive grammatical corrections and to put in cold style started the code style of the efforts that PLR is doing And then the the second one five a one the investment policy we're repealing that from our board rules we do still have an investment policy is just not it's a separate policy the policy the in the board rules is no law is obsolete it has not been updated in several years and we're maintaining that that separate policy basically has the the same components and that rule is that policy is reviewed annually typically in November of of the of each year so we're just repealing it from the board rules since is obsolete so those are the two rules that we're promulgating right now okay let's back up in any questions on of one a for many members. Without objection this rule is reviewed and approved any questions on the five one investment policy rule. Then without objection this rule is reviewed and approved thank you all thank you all right next up teacher retirement. Should be to a on your agenda members. Page three of the packet. And if you all would please the name and title for the record good morning. Good morning Clint Rhoden Executive Director Arkansas teacher retirement system. Good morning Jennifer Lee was attorney. Okay join proceed with the a TRS rule for please absolutely. HRS rule for deals with the election of the board of trustees couple of key points actually before I start that I want to just point out that we had to have seven rules of the biggest amount of changes that are in this package are essentially reformatting getting close to working with the the code of Arkansas rules the reformatting the code style of for medical errors remembering a separate so I will be hitting on the major points that were essentially of promulgating the changes in the legislative session of twenty twenty one into the rules as necessary all right and Clint let's do this when you when you get real for done let me stop go ahead we'll just take it one at a time and her and I was asked to ask you are you feeling remorse for stealing Jennifer away from the euro yet are you still clear your conscience on that I am still a hundred percent clear with in my conscience Jennifer is a great attorney and will be a great resource for a TRS that have. Thank you all right go ahead with you a please all right so rule number four deals with the election of board of trustees of. We had a technical correction in act two seventy nine of twenty twenty one dealing with the administrator positions and we wanted to make sure in our rules that it was the administrator must be employed in a position requiring an administrator license not just the possession of administrator license of second point oh here it is that of it was recognized that every twenty years over to hand years when we do the census that the congressional districts changed can affect our elections if it occurs in the middle of the twin like December and April in the middle of an election so we have a rule now that says will use the congressional map as it is on July one for the entire fiscal year for all elections of last point in this rule addresses that The the the candidates have the ability to send out campaign materials and we wanted to make sure that it was prohibited from them to say that or have any kind of appearance that they're representing that the H. U. S. border eight your staff endorses them which is not our policy and with that I'll take any questions a rule for any questions from members. There with the objections rules reviewed and approved a TRS rule six please R. eighty years rule six deals with membership rules. Key point here is that in the twenty twenty one legislative session we had active ninety which redefined our normal retirement age which is the age in which a member is able to it continue implement and still draw their retirement benefit it was a simply sixty five years of age we enhance that direct that definition of normal retirement age to be to also include age sixty with thirty eight years of service so with that we change all references to of sixty five years of age to simply the definition of normal retirement age a second point of dealt with we we change the number of days that a member can be contracted for the employer of from one hundred eighty one days two hundred eighty five days and the the the biggest point of that act which was four four hundred forty three was that pair professionals needed a few extra days of training to enhance their safety and able to do their job well and the typical contract for teachers a hundred ninety days so this didn't affect the normal certified classroom teachers at all some of and the last point I'll I'll bring up is ACT four twenty seven clarified the rules that we had in order to accept reciprocal service from alternate retirement plans from up universities and with that I'll take any questions any questions remember. Without objections rule reviewed and approved and will go on to number seven okay rule seven deals with reporting and eligibility. And Act two twenty of twenty twenty one we made a slight change to the amount of interest our the the language regarding the interest when coal contributions from employers or late instead of it being a hard coded of value which I think was eight percent which changed it to the actuarial assume great return which currently is seven point two five percent. We also had ACT two twenty one which a clarified the at the time in which we would take the highest final average salary of a of a reciprocal system and counted in calculation of benefits a TRS and we put a qualifier on that to require at least two years of service in that reciprocal service system in order for that to count. ACT six ninety one also addressed a circumstance where youth participants to participate in a a pass through work program at a school which was funded by an outside party just kind of as a pass through environment that we make sure that those youth participants were not classified as members and and and and messed up in the the you know the system Bobby cat being defined as a member so. Of the last point Act two twenty I have twenty twenty one also allowed us to collect contributions from our employers in electronic format and the rules have been updated to accommodate that and with that I'll take any questions any questions members. Without objection this rule was reviewed and approved a relate please. Rule eight deals with purchases and refines one of the key points from here's FOR ACT two seventy nine which is our technical corrections bill of twenty twenty one it clarified that both active and inactive members are eligible to purchase service. that act also clarified that for any free military service that was credited to members account would be pro rated between non contributory and contributory Service. And it also clarified the way that we calculated for your salary when partial years of service and were included. And with that I'll take any questions any questions members. Without objection this rule is reviewed and approved number nine please all right rule number nine deals with retirement and benefits. keypoint in here in this rule change was that Act one ninety allowed the system to use under an. Reported service that a member might have might have slipped through the system as and instead of having of a little restriction of a five year look back we will accept that service now as long as that service is well documented an undisputed. ACT two twenty three was essentially a rewrite of our entire disability retirement process one of the key points of that act was it allowed our members to have a second review upon an initial disability or denial that didn't previously exist and rules have been updated substantially for that to account to account for that act. Of. And also the last point R. is. We'll let's see ACT two seventy not allow the board to create some rules around the circumstance where member has a full year of service but we don't allow them to take retirement benefits until July one and main motivation of all that was to not incentivize teachers to leave the classroom in the spring semester. With that I'll take any questions any questions members. Then without objection this rule is reviewed and approved number ten please all right rule number ten deals with T. drop in return to service. the key point here is from act two twenty one of twenty twenty one and it also is is exact says I talked about before with reciprocal service Hey you have to have two years of the civil service and that system in order for us to count the salary as one of your highest final ever salaries. Of it also clarified the circumstances where the board consent to contribute toward rates for service centers less than ten years. And it also clarified the there T. drop for C. drop deposits made for members once when I worked part time for an employer and with that I'll take any questions any questions member. Without objection this rule is reviewed and approved and number eleven number eleven Bills with survivors and domestic relations orders. the key point here What it wasn't related to an act but we had a circumstance where It deals with dependent children who are receiving benefits from a member who is deceased and bait these benefits are eligible to them as long as are between the ages of eighteen and twenty three and in school we also wanted to create an exception for a state state left school in order to go to military training we would suspend those benefits in about that allow them to come back as long as they go back and to the approved educational program then their benefits with what president and that's the main point of past this rule change that'll take any questions any questions members. Without objection this rule is reviewed and approved thank definitions y'all us are thank you thank you have a good day of Department agriculture's up next. The item three a starting on page thirty six. Morning German field name and title for the record please. Good morning white hall chief counsel for the department. This burger left out the filter Division won the ANA president state meet spectrum program rules please. Yes Sir Mr chairman Act for eighteen of twenty twenty one. Placed the authority for the state meet inspection program within the department of the act requires the secretary of agriculture to promulgate rules and the federal government has primary authority for meat inspection programs through the USDA but they will allow states to have their own meat inspection program so long as the state's rules or at least equal to the federal rules so what we've done is just adopted by reference the federal rules to make sure we meet that requirement and once you approve these rules then we can enter into an agreement with the USDA to get the program going that's what we have Mister chairman or a questions from members. Representative Vaught I don't have a question but I just want to thank you all for getting this done in a very timely manner but I really appreciate how hard I've worked on it thank you. Any other questions comments from members. Without objection this rule is reviewed and approved and unpaved roads program. Morning Joe if your name and title for the record please. Once again wait hajj chief counsel for the department. Chris call closure director of the natural resources division department of Arkansas agriculture. Tate once water quality section manager to fill on president please. Good morning Mr chairman members of the committee what we have before you today is the unpaved roads rule we're here as a result of ACT nine oh one of the twenty one session which transferred the duties of this program to the department of agriculture and directed us to promulgate rules we have done man and we have presented those here today and just ask for a favorable review. Senator Irvin. Thank you to again I want to express my appreciation that we moved it over into your I shop and I'm hoping that we can continue to advocate for the program because so critically important as you know for the water quality issues and the erosion issues and safety issues and there's there's a lot of unpaved roads in the state of Arkansas still so this is a really important program and I just appreciate all is working on it thank you. Okay or any other comments or questions from members. They're without objection this rule is reviewed and approved thank you John have a great day. Department of commerce please. Which would be the Arkansas Economic Development Commission. Morning if you all would to him name and title for the record please. More Mister chairman jim Hudson chief of staff apartment commerce shall counsel for ADC. Okay we have a three rules for you today all three rules apply to changes that were made substance Walter ninety third session the General Assembly of first one is it change to the investor program under act nine eleven to twenty twenty one this is a fairly narrowly tailored bill that is granted an extension for a couple of years only best art program which is a sales and use tax credit program of the the folks who signed up the incentive program could not take full advantage of it due to covid so just gave him two additional years to be able to file expenses against that that's really all this does and there's a few just stylistic changes in it as well with that have you take any questions R. A. questions from members. I'd objection this rule is reviewed and approved and digital production motion picture role. Yes Sir this injured was necessitated by ACT seven ninety seven of twenty twenty one this statute actually added to the film incentive program a tax credit component prior to the legislation all the incentives were paid as a rebate cash rebate back to the production companies this just adds a tax credit component it also that adds an additional ten percent incentive for veteran owned businesses are for expenses attributable to veterans her employed in the production. With that have take any questions the questions members. They're without restriction the rule is reviewed and approved and the railroad modernization yes Sir the the final rule is trickle to ACT nine sixty seven of twenty twenty one this added a tax credit program for the upgrading and maintenance of shortline railroads in Arkansas the ATC was vested with responsibility come up the process for both pre approving expenses and also for validating the expenses before submitting those to DFA operations of the tax credit we received an emergency rule in January so we can get this in motion for this tax year so this will just basically make permanent the existing emergency rule allows us to promulgate forms for collecting those of those expense informations all right Senator. You can just get high you can just get this to me later but I was just curious as to how many tax credits we have given under the motion picture industry Program and then the second thing was how what is the trust fund balance that exists yeah I think I can give that to you later I don't know if you guys use the tax credit at this point so it's a new program so not no tax credits have been issued solving cash rebates before now okay yep and then if you could just let me know how much is not trust fund since it can't exceed what's in that I believe it's zero about confirm that okay well I appreciate it thank you yes ma'am. anybody have any other questions under a road modernization act. Then without objection this rule is reviewed and approved thank you for being here have a day. The Department commerce state Insurance Department state board of embalmers and funeral directors cemeteries and burial services. Morning a name title for a record please yes good morning my name is Amanda Gibson I'm associate counsel at the Arkansas insurance department okay president the on licensure certain individuals please yes and the board proposes for three in order to implement ACT seven forty six at this rule requires the board to grant licensure to individuals who meet licensure requirements and who also hold a work permits. K. A. questions from members. I thought objection road reviewed approved then and the fees for waivers yes at the board proposes rule for in order to implement at seven twenty five this role requires the board to waive the initial licensing fees for those individuals who are covered by the work force expansion act. K. A. questions members. Without objection the rules reviewed and approved thanks for being here have a great day thank you part of education. Commission for Arkansas public school academic facilities and transportation please. More ways to fill would name title for the record please. Thank you Lori for you know our general counsel are concerned apartment of education. Turney with Arkansas department of education okay what replay that if you would we got Mike on name please my name is Wendy James I'm a staff attorney with the department of education when you lease if you all would the president rule for governing the academic facility catastrophic. These rules establish a programming process perfect for providing state funding to school district whose facility suffer some type of catastrophic damage the catastrophic fund supplements insurance or public or money that comes from other proper public or private sources of assistance these rules have been amended to align them with current law these are pretty old rules they've been around since two thousand and eight so we're lining with current law eliminating unnecessary taxed and also simplifying the process by which school district can apply for these catastrophic funds there were no substantive changes made as a result of public comment and I'd be happy to take any questions any questions for members. I'm not sure who seek forty one but six forty okay they're gonna. Thank you Mr chair thank you so much and miss Brenda I am wondering if there's any opportunity to apply for this funds retroactively since this rule is just not being approved Springdale just recently and experience to add significant tornado in one of our elementary school's gym was completely destroyed and damaged in the storm does this rule apply and to that particular instance and is it possible for that District apply for these funds even though this rule is just not being approved I do not know if it is I assume that they can I'm not positive but we certainly will reach out to the spring I'll look into that will reach out to Springdale school district that would be wonderful thank you thank you Mr president Godfrey. Any other questions from members. Did you in the real defined catastrophic so there's I mean one person's idea catastrophic no person might be different is that finding the role yes catastrophic is defined in the rules. Catastrophic project means repair renovation or new construction project necessary due to such great damage or destruction to an academic facility caused by an act of god or violence water leak things like that would be classified as active got is right. I think we would have to I mean we would consider anything that came in and we would have to look at that I mean a water leak that just happened because a pipe burst you know potentially not but if it was a burst pipe due to a winter very cold winter storm probably okay but certainly our facilities and transportation division would look and any application that came in okay thank you any other questions for members. Without objection the rules reviewed and approved of rules governing facilities master plan please the master plan rules establish a program a process for school districts to create a master plan for their facilities in an ongoing effort to remedy any facility deficiencies these rules were amended to incorporate ACT one twenty six of twenty twenty one which eliminated the requirement that school districts have to provide a preliminary master plan to the facilities division every other year and then meet with the city's division to discuss the the. Map that master plan you know of course if the school district wants to visit with sell these Division or submit a plan they're more than welcome to do so but this just eliminates that being a mandatory thing. These rules also remitted to clarify that student Roman projections which are part of the suitability analysis will be provided by the Division which uses at which has a consultant to perform the statistical analysis to come up with these data. It would be there were no substantive changes following public comment I'd be happy to entertain any questions any other questions from members. Without objection the rules reviewed approved would you do me a favor public Mike a little closer please all right Sir in the rules governing maintenance operations public school buses these rules ensure the safe and efficient operation of public school buses and set forth the physical requirements exam requirements for school bus drivers they were amended to incorporate ACT one twenty six of twenty twenty one which eliminated the extremely costly and timely practice of have made perfect making the Division have to print out a little certification card and Senate every bus driver to show that that driver has been certified by the Division of course the driver still have to be certified by the Division and school districts are notified whether or not they are certified but that practice it was eliminated. They were updated to indicate what all had to be kept in the school bus drivers file a school district level and also add we added as an appendix the Arkansas school bus inspection manual this is been used for years but we found no evidence that it actually was promulgated as rules or promulgating at this juncture and we of the receipt there are no substantive changes following public comment. A questions from members. Then without objection the rule is reviewed approved thank you all for being here have a great day. Arm Education Division elementary. And secondary education please. The first item is the rules governing Arkansas tutoring core these are brand new roles they were created practice what I nine twelve set out the responsibilities and processes of Arkansas tutoring core as well as defined terms related to the program following a public comment period there were no substantive changes made and I'm happy to answer any questions any questions from members. Without objection rule is reviewed and approved next one please. These are the rules. Chapters one is seven of these rules governing grading and course credit or amended to incorporate provisions of act for. Fourteen of twenty twenty one which is a computer science education advancement after twenty twenty one in summary this act in these rules now require that each student earned one computer science credit prior to graduating from high school and also starting with the twenty twenty three twenty four school year each high school has to have one computer science teacher a district can if it has more than one high school it can use one computer science teacher that you can share that between the high schools. A non substantive change was made to change it up to updated definition following public comment. But nothing substantive at all if if you have any questions I'd be happy to entertain them any questions for members. I spent not apply but let me ask you so you got how would how would this play out if you've got somebody that's a senior and now we've passes. Law and they have to get a required course before they graduate this would only this would on what effect that senior who's about to graduate it's going to be beginning with the ninth grade is that correct Senator can I call Anthony into the table who is our state computer science person he can explain that to your thanks. Me and director computer science department of education Senator Hammer yes you are correct this would not apply to next year's tenth eleventh or twelfth grade students who would only apply beginning with next year's ninth grade class okay very good thank you for that thank you any other questions. And without objection this rules of the reviewed and approved ACT twelve forty. Yes these rules as you know probably ACT twelve forty of twenty fifteen allows a traditional public school to receive some or all of the waivers that have have been granted to a public charter school the amendments these rules incorporate the requirements of Act six seventy eight of twenty twenty one and that is that if the state board is going to consider a waiver already granted it must notify the president of the local school board as well as in addition to the superintendent of the school district and also incorporates ACT six eighty eight of twenty twenty one which prohibits a waiver of the school start date through act an act twelve forty waiver no substantive changes were made following public comment I'd be happy to answer any questions the questions from members. Without objection the rules reviewed and approved Next one the the next rule or is the what are the rules governing public school choice the rules that issue that govern both the public school choice active twenty fifteen and the opportunities school choice act they incorporate provisions of act four ninety of twenty twenty one which in summary establish an application window period for when parents or families can apply for school choice and school districts must accept those applications for opportunity school choice it clarifies that if a student is going to want to move from one school for intra district because the school there and has an F. grade they must try to move intrastate before they moved our intra school district before they move to another school district school districts must have policies outlining means by which they will accept school choice applications for example email your regular mail hand delivery but they cannot use hand delivery only that's that's not allowable. And. Also that no appeal to state board will be allowed if the reason that the that the application was denied was because it was not timely filed with in the with the window period for filing a school choice application on the State Board procedures also been amended to strip to greatly simplify them and no substantive changes were made post public comments. Are any questions members. Without objection the rule is reviewed and filed next one please. These are the rules governing consolidations annexation to school districts only section thirteen. And section two are being are being revised in these roles and what. These rules established requirements for annexation consolidation of public school districts. These are changes to mirror Act six sixty two of twenty twenty one which authorizes the reversal of a voluntary annexation administrative annexation that occurred under six dash thirteen dash sixteen oh one which is also known as an axe sixty annexation you know the type that you a school district might have had to participate in if they if they're school after ATM fell below three hundred fifty students. No changes were made as result of public comment and I'd be happy to entertain any questions any questions members. Without objection the rules reviewed and approved. Thanks one please the next role as the student protection act to the rules governing the Arkansas student protection act on this these are new rules and a mirror ACT eight twenty of twenty twenty one which prohibit public school districts from knowingly entering into a transaction with an individual or entity that performs abortion induces abortion or provides abortions. And if the act also requires required in the rules now require that each public school district develop a policy for the implementation of the requirement of this act if a violation occurs the school district must appear before the state board of education to discuss why the act was violated and what steps would be taken in the future to to avoid any future violations and there were no public comments received a questions members. Without objection rules reviewed and approved G. please. These are the rules governing the standards for Accreditation of Arkansas public schools and school districts on February eighth of twenty twenty one I'm sorry twenty twenty two of this year in accordance with law these rules were forget presented to the house and Senate education committees for review the major amendments to these rules clarifies that school districts must have one hundred seventy eight hours of student teacher interaction days unless they're operating under a new under an alternative calendar which is now allowed under Act six eighty eight of twenty twenty one. For their operating under score of four day school week which is allowed by law as well. It separated the standards for class size and teaching load and that is because sometimes when at twelve forty waivers or charter waivers or sought the charter the public school Wetherby charter traditional does not need both of those waivers they might only need one. The it incorporated the provisions of act four fourteen that students must have one credit of computer science before they graduate and the permit also incorporates the provision of that at concerning the hiring of the computer science teacher at each for each high school. And no substantive changes were made following public comment. Representative Brett. Thank you very much Mister chair the spring of this question really isn't just for you but I'm curious how are people notified of the public comment periods on these rule changes. When when under the administrative procedures act what we do is we present this to the State Board there on the State Board agenda. Or when really what what let me say. They are on the state board agenda not the actual text of the rules but the notification that the rules are going to be changed then they go to the governor's office for approval once the governor's office approves them we release them for public comment there is a a note notice of rulemaking that's posted in the newspaper and we also sent out a commissioners memo to school districts and others letting them know that these rules are out for public comment and we post a copy of the rules and contact information if anyone has any questions on our website then we receive most of our public comments through our website and after the rules are after we receive all or public comments they go back before the State Board for final approval follow up yes ma'am so if you notified the school district. Then does the school district and then notify the parents in that district in some way so that parents are alerted. so that there truly is a public comment period. I don't know if stiff all school districts notify parents I'm I know with regard to the standards for accreditation at least I mean let me to these rules there is a lot of stakeholder input that goes into these roles which have to be reviewed and revised every two years. Thank you I was just concerned about how many parents are actually informed that there are rule changes because some might be interested but not really know where to you know be alert to look for these things thank you and if I make the parents may also sign up if they choose to receive all the commissioners memos that the eighty publishes thank you. Follow questions at is there any requirement on the part of the school district to send that out to parents through whatever mechanism they notify parents of information no there is not that I know of so it's up to the school district to choose whether or not to send that out to the parents is that correct the yes the school district may send it out if they choose okay Senator. Okay. I thank you just ask the question I was going to ask because in reading the comments there seems to be some disgruntled enough about August one and that this doesn't preclude them from sending additional information out so. At I think you answered you ask my question thank you okay thank you. Any other questions. Sir curiosity detract is there a way to track which districts notify the parents from which ones don't no we did that is not something that we look at okay all right any other questions regarding the rules members. Surjection the rule is reviewed and approved and we're on to H.. These are rules governing eye and vision screening reported Arkansas public schools these rules established requirements and proceed requirements procedures and testing standards for eye and vision screening in the schools comply with Act three twenty of twenty twenty one the Division in conjunction with the Arkansas Commission on eye and vision care of school age children amended these rules to establish tests procedures equipment and instruments to be used to perform. I am vision screening following public comment no substantive changes were made. Members any questions on age. Seeing on this rule will be considered without objection reviewed moving on to I. Thank you the these are the rules governing website postings these rules notify public school districts and education service cooperatives of requirements for publishing documents and other information to their website these rules were amended to incorporate several acts that were passed through twenty twenty one session including X. six forty six which requires the posting of by school districts of their teacher and administrator recruitment retention plans ACT six eighty eight which requires school districts to to post any alternative calendar that they choose to to adopt under Act six eighty eight and this act seven seventy four. Requires public charter schools to post their most recent charter contract and there are no substantive changes following public comment. All right members any questions on this rule. Ninety nine without objection this rule is reviewed and approved moving on to J.. The Department wishes to pull the rules governing Arkansas military child school turn transitions into a later date please. I think I just one second with a clear passage. Yes and that's when you pull them down you want to skip that we're going to K.. Yes yes Sir. These are the Division of elementary and secondary education rules governing public charter schools these rules were amended per ax seven seventy four and seven forty four of twenty twenty one other than the language adding multi year service contracts as an exception to the definition of debt in the one week extension added to paragraph four point zero two point three point three the amendments to the rules are either technical or result of legislation namely ax seven forty four and seven seventy four of following the public comment period no substantive changes were made and I will be happy to answer any questions. The questions from members. Without objection the rules reviewed and approved and the last one. These are I will wait for my colleague David Dawson okay. Or David name title for the record please Sir. Hello Davido's and general counsel for the board of nursing or. These rules are joint rules between the Arkansas between the Division of elementary secondary education and the nursing board and they govern the administration of insulin glucagon and medication for adrenal insufficiency or crisis. These rules set for protocols and procedures for the administration of insulin glucagon and medication for dreamless efficiency or crisis by a student or by school district staff that is that volunteers and is trained. These provisions the provisions relating to insulin and glucagon have been around for quite a bit of time and the only change made to that was that we removed language indicating that the glucagon had to be and then in injectable form and that is because that is not the only administration route for for this this medication these rules mainly were amended to incorporate the provisions of act ten fifty of twenty twenty one which deals with adrenal insufficiency in summary that act provided that students may self administer a stressed does which is or how to code is on or Bora hydrocortisone on their own also when a school nurse is not available a train school district volunteer may administer as and what's called an emergency does and both of those terms are defined in the rules an emergency does which is intramuscular hydrocortisone sodium succinate and no changes were made following public comment. The questions from members. Without objection the rules reviewed and approved. Thank you thank you. And part of the Division higher education. I like to ask doctor Maria Markham the director the Division of higher education to you come up for these roles. Warren name and title for the record please Maria Markham director division of higher ed okay feel would the rules governing Arkansas future grant program please. The Division of higher education rules governing the Arkansas future grant program where amended to incorporate the provisions of act three eighty eight of twenty twenty one there was one additional change made to the rules and that was actually from ACT six eighteen of twenty nineteen so we went ahead and added that to the rules we also change the department of higher education to state the Division of higher education and. Also the department of career education was updated and replaces the division of workforce services as this was the proper agency named following the public comment period no substantive changes were made and I'm happy to answer any questions or any questions remembers. Subject to the rules reviewed and approved the. These are the Division of higher education rules governing the military dependents scholarship program these rules were updated to incorporate the provisions from ACT nine eighty eight of twenty twenty one again these rules were also updated to reflect that the correct agency name is division of higher education following the public comment period no substantive changes were made and we're happy to answer any questions. A question for members. The without objection the rules reviewed and approved C.. These are the Division of higher education rules governing the out of state veterinary medical education loan repayment program this program was established that was established by act eight eleven and two thousand eleven and while rules were previously promulgated the program is only recently been funded therefore it was necessary to amend the rules to include some at dates and following the public comment period no substantive changes were made and we're happy to answer any questions the questions members. Without objection rules reviewed and approved. Andy. These are the Division of higher education rules governing Arkansas workforce challenge program and there was I believe only one small change made to the rules and that was per ACT six thirty six of twenty twenty one it was just I believe updating a citation also we did change the department of higher education to division of higher education the department of career education to division of workforce services following the public comment period no substantive changes were made for happy to answer any questions the questions members. Without objection rules reviewed and approved he. These of the Division of higher education rules governing the law enforcement officers dependence scholarship program I believe there was some confusion with the existing rules regarding eligibility requirements and say these rules were updated to clarify that the state of employment rather than residency determines eligibility for the scholarship program and after the public comment period no substantive changes were made and we're happy to answer any questions the questions from members. Without objection rules reviewed and approved F.. These are the Division of higher education rules governing the Arkansas concurrent challenge scholarship program ACT eighty two of twenty twenty one made some minor changes to the continuing eligibility requirements of the program and these changes were at art we're now reflected in the rules we also changed again the department of higher education to division and following the public comment period there were no substantive changes made more happy to answer any questions the questions members. Without objection rules reviewed and approved G.. These are the Division of higher education rules governing the Arkansas governor's scholars program there were actually for acts that made changes to this program ACT at two seventeen three thirty one seventy nine and seven forty three of twenty twenty one we updated department of higher education to division and made the changes per the axe and after the public comment period no substantive changes were made a more happy to answer any questions the questions members. Without objection rules reviewed and approved H.. The Division of higher education rules governing the Arkansas academic challenge program these rules were updated to reflect changes for ACT six thirty six of twenty twenty one we did make some changes to the agency names as we did with the other rules and following the public comment period no substantive changes were made and we are we are happy to answer any questions and questions members. Without objection Without objection the rules reviewed and approved by. And the next item is actually a repeal of the rules I'm sorry the Division of higher education minority teacher scholars program rules and regulations these roles are being repeal because they are no longer needed the scholarship program is no longer in existence in all rent payments have been satisfied following the public comment period actually we didn't receive any public comments but no substantive changes were made and we're happy to answer any questions regarding the repeal any questions members. And without objection the rule is reviewed and approved J.. J. is another repeal the Division of higher education Emergency secondary education loan rules and regulations this is another program that is Adam no longer in existence and all repayments have been satisfied we did not receive any public comments or make any changes after the public comment period and we're happy to answer any questions. A questions from members. Without objection the rules review to prove J.. Our last item is also a repeal this is the division of higher education minority master's fellows program rules and regulations these rules are being repealed because they're no longer needed the scholarship program is no longer in existence and all repayments have been satisfied we did not receive any public comments or make any substantive changes after the public comment period we are happy to answer any questions. Thank questions from members. Was there any applications that were not funded or that were left hanging out there or were they. It was a matter we ran out of money or will last three those programs have not been in existence since I've been at the division so there were no current students in those programs okay very good any other questions members. Without objection the rule is reviewed approved thank you all for being here have a great day. Part of energy and environmental division by mental quality. Page one oh seven. My name is Michael McAllister I'm the managing attorney at the department of energy and environment. Im Allen York on the socio director office of water quality Arkansas DQ. My name is Basil hex I'm an attorney for the department of energy and environment all right rule number two please. Before you this is our rule for the water quality standards for the surface waters of the state of Arkansas this rule is part of our training review which is an update we do every three years as required by federal law it also makes some statutory changes and and some grammatical corrections and if you have any questions please listen A. questions from members. Without objection the rule is reviewed and approved next one through nineteen. Rule nineteen is a rule for the implementation of our air pollution control program this rule making incorporates some updates and changes in the federal rules that to make sure we're compliant with those as well as some changes in state law regarding read the rule and nomenclature of the Department changes be happy to answer any questions and questions from members. Without objection rules reviewed approved thank you all for being here thank you by the department of energy and. Environment oil and gas commission. That you. One if you would done name title for the record please in the role before Page one fourteen of our hand up. Good morning Daniel Pilkington I'm an attorney for the Arkansas and gassed Commission we are a division of the Arkansas department of energy environment morning go ahead please Sir thank you the Arkansas aghast Commission has to amendments to rule our commission rule B. four H. four and be for H. five The Amendment to be four H. five is grammatical no substance and is there on B. four H. for we are creating an administrative review process for natural gas transfers that are either marginal or that are part of our temporary abandonment status. That'll take any questions that you may have about these amendments to the rules nobody Hey members have any questions. Without objection rules reviewed and approved thank you all for being here thank you per finance administration. One German name tougher a record please good morning. Amended that Dismang offices accounting system accounting ministry Good morning Mr chairman members a committee David Scott an attorney it's department of finance in the office of the county okay your please present yes Sir this what you have before you is the permanent promulgation of the emergency rule reviewed in January of this year by the ALC executive committee. It's a rule related to the COVID nineteen testing reimbursement required under act eleven fifteen of twenty twenty one. There was no public comments received and there's been no substantive changes in the wording since emergency rule. A questions from members. Any funds that have been placed in there or need to get a request gets money put in there where we on that there has been no request and there's been no funds okay so with the request funding could be if it's proved placed in there have you had any interest or anything in the wave calls for the public asking about how to access funding no Sir okay or thank you any other questions. Without objection the report is reviewed and filed. Thank you for finance ministration ABC. Morning name and title for the record please. Morning Doorly Chandler director of the alcoholic beverage control okay if you would please we have three rules before you all today the first is the oversight of medical marijuana cultivation facilities processors and dispensaries this role incorporates three accent press during the legislation session legislative session as well as industry requests and clarification or modification of typographical errors to run that through them quickly with you all I'll hit just the substantive changes to the rules Page six of our rules at three point four two we included in the definition of registration identification card the employee cards it only at the time we included the patient cards but the term is used throughout the rules for either or. On page seventeen seven point three we are moving towards that what the industry we allow the industry to do in the US have opened have display cases in the dispensaries these are to be locked but they will be allowed during business operations to have display cases kind of similar to what a jury case would be that was locked the product is then placed in a vault at night when the businesses closed. And page twenty four percent the legislation we are allowing modifying rules allow visitors in the cultivation facilities in that limited access areas pursuant to the language of the statute. On page thirty three on twelve point two we are clarifying it also goes on to page thirty four the tagging and planned invocation rules those plants and seeds will still have a unique identification. number attached to them however are rules of red. Specifically would require you to actually put that tag on a seat in one type plan that tire plant is in receipt is on the ground that's impossible to do so we're modifying those rules to allow them to put stakes in the dirt with those unique identification numbers but they will still be tracked from seed to sale. On page thirty seven at thirteen point two of we are removing the restriction of dispensaries of a hundred fifty mature plants the constitutional amendment only mandates of fifty plant limitation for mature plants so therefore in order for them to reach those fifty mature plants they and turn over for disease and other issues that they're running into they need and more than a hundred and fifty amateur plans to reach those numbers. On page thirty nine we are setting forth and the rules that they dispensers are allowed to have him products within their dispensaries for sale to patients however those products must be clearly labeled as him products they cannot have products and mislead the public into believing that their THC containing products as opposed to him. On page forty four this is re setting forth the requirement for weights and measures that are certified by the Department agriculture we have run into issues of the cultivation facility uses their whites to measure product when it arrives at the dispensary dispensaries whites maybe have a different value so we're requiring uniformed whites to be used or the licensee's. I'm paid fifty eight this is pursuant to legislation this allows a dispenser requires a dispensary at check in and to notify those patients that they do have a pharmacy that can answer questions and so we incorporated the language of the statute. They act in their. And that concludes the substance changes except for we do have I'm sorry I skipped one that was the on page fifty to the cultivation facilities we had a restriction on signage that they could not use across catechism their medical emblem the threat and the session that it's been extended to also include advertisement material they cannot use a cross catechism other medical symbol on advertisement material. K. the questions from members. Then without objection the rules reviewed and approved natural or natural is aye section one point nineteen three of the alcoholic beverage control rules and percent ACT five seventy eight of twenty twenty one it is a lousy authorizes beer wholesalers to purchase and sell spiritist RT date ranks. The questions for members. Without objection rules reviewed and approved your last one as section two point one six this allows the suppliers of those spiritus RT dating drinks to register them to allow the beer wholesalers to distribute. Questions for members. Without objection rules reviewed and approved thanks for being here for a day. thirteen. Was pulled off show were to the Department health. Arkansas diabetics licensing board. Morning all name and title for the record please. Mr McLemore partner health. Good morning Debbie had chair of the dietetics licensing board good morning of this David Hillman poet Michael closure if you would please no go ahead present. The purpose of a rule changes are to comply with legislation from the twenty twenty one legislative session. And the changes are to amend the board's current language regarding military personnel licensure the language is taken directly from an act one thirty five in removes reference to permanently disqualifying offenses in regards to background checks as required by ACT seven forty eight and adds language regarding applicants with work permits in accordance with ACT seven forty six. As volunteer services provided under the volunteer Health Care Act to the board's existing continuing education criteria in accordance with ACT nine sixty eight. S. the waiver of initial license fee for those individuals listed in ACT seven twenty five and revises the definition of originating site to include the homes of patients for telemedicine purposes in accordance with acts seven sixty seven and revises the definition of professional relationship to remove audio only communication for telemedicine purposes in accordance with ACT eight to nine. We had no questions during the public comment period. A questions from members. Without objection the rule is reviewed and approved thank you for being here thank you next part health Arkansas psychology board. You want if you would name and title for the record please. Good morning Colin Davies director of the Arkansas psychology board okay if you would please present a recent rule changes were just to comply with the recent legislation that was passed in twenty twenty one and a few of those is the most recent military licensure act the fee waiver for certain individuals. And a compact we recently joined and continuing education for volunteer services. All right members have any questions. Catha junction road reviewed approved thank you thank you. Per health Arkansas State Board cutter prac governors. Morning fuelwood name and title for the record please. Laurie may hand director the chiropractic board. TEGNA Holt president of the board of examiners chiropractic one of your to do with the advertising by chiropractic physicians please. At this of this role is I propose amendments are in accordance with ACT five eighty nine of twenty twenty one providing more specific registration requirements for per cures to require specific phone numbers being used for soliciting potential patients and requiring a five year record retention of solicitation call logs. K. A. questions from members. I thought objection rules reviewed approved animal chiropractic. I had the purpose of this role amendment is to update the current role occurred according to ACT three ninety of twenty twenty one and to make Arkansas licensed characters aware that the certification requirements under Arkansas code seventeen when a when three oh seven I'm have changed to allow for. More and educational opportunities to be certified in animal chiropractic. Any questions from members. Without objection rules reviewed approved an application for state board. The proposed amendments are in accordance with this role on accent when he five and also acts seven forty six we're able to combine the two to update this role which will provide the ability to waive initial license application fees for applicants who participate in a state financial assistance program it also provides the board the option to license individuals who hold the work permit hold a work permit. The questions from members. Without objection the rules reviewed and approved. License for military veterans. The proposed amendments on this roller in accordance with Act when thirty five of twenty twenty one providing that certain terms be updated to be more inclusive of all service members and also adds the additional section regarding the extension of license expiration and waiver for content to case requirements if deployed. And questions from members. The objection rules reviewed and approved. And the last one. Other pre licensure criminal background check waiver request to the amendments is according to ACT seven forty and twenty twenty one which provides the potential waiver for what where permanent prohibiting offenses the purpose is to allow the board the option to waive certain prohibiting offenses for applicants with criminal background history. Okay any questions members. I thought objection road reviewed and approved thank you all thank you right department health board of nursing. Morning Phil would name and title for the record please. Senate Tedford director the board of nursing. Hello again David Dawson the general counsel for the board of nursing okay if your chapter two lessons please the changes made in chapter to the licensure of our independent over tens is related to multiple acts of the first changes section one related to ACT seven forty six of accepting federal form I. seven sixty six that page also has some cleanup changes in it. The next change is page two dash eight it is at seven sixty two for waiver of waiver of denial of licensure based on seventeen dash three dash one of two. Next page has a change our emergency rule got put into temporary permits and that it's just pulling that out because that was emergency rule I'm like. The next change on page two dash eleven was a result of ACT nine sixty eight it is allowing volunteer service to be taken out of his continual education. The next pages ACT seven sixty two and it has to do with waivers for criminal convictions. Then we made some clean up for duplicate licensure because we don't issue difficult licenses anymore they're all electronic. And we make changes of name and address changes clean up to go with current business process. The next check section is section eleven is a result of act one thirty five changing for changes with the military uniforms service license members. In regular continuing at. Hi the questions from members. Third objection rules reviewed approved chapter three chapter three as of. Licensure registered nurse practitioners these we had on page three dash three some cleanup on the applicant license name and address changes again and then we added ACT one thirty five for licensure of uniformed service members veterans and spouses that information had not been in that chapter before and it needed to be added plus updated with the current act. Okay questions members. Without objection rules reviewed and approved chapter four chapter force licensure Vance practice registered nurses this is again multiple acts within this chapter the pursuant to section two qualifications for licensure we changed our qualifications for certified nurse midwife based on ACT six oh seven. The next page licensure section three is a result of ACT seven forty six again the so security number and the Federal Assen sixty six form. The next pages result of ACT four twelve it's related to Given independent practice to certified nurse practitioners. And how does she shall apply with ACT four twelve there's information in chapter four and then another chapter that will bring to the committee at a later date. Page four dash five again we cleaned up the duplicate license section and we added section for criminal background checks this was there is no section on criminal background checks for a PR and so we added that whole section which mirrors chapter two along with the additions that were created by the exit six thirty and at seven sixty two was also in that section. Okay any questions members. Senator. Just a quick question if you could remind me on access seven removing the requirement for high school diploma as an admission criteria what then is the admission criteria. What we removed the reason we remove a high school diploma is because and I can't remember the name of which act it was allowed LPN programs to be in the high schools okay so that's what we're moved the criteria for that each school has their own criteria for admission into the program so that because they can be the high schools that we had to get rid of that. Okay does that answer your question I think so so so. In rare in lieu of a high school diploma would be graduating from the LPN program that is within the high school yes in a fair assessment yes okay yes I graduate from any LPN program are in program then they're eligible for licensure regardless they have a high school regardless if they have a high school diploma okay yeah I just thank you. That's ACT seven fifty seven creating. Hi any other questions members. Without objection road reviewed and approved chapter six. A chapter six the standards for nursing education programs the first section one is so clean up or for that. Title of the Arkansas division of higher ed within we make changes to a three and four based on ACT seven fifty nine ACT seven fifty seven which allows the LPN programs to be in a high school. Or nursing facility and skilled Consorcio nursing facilities. That was all in that chapter okay any questions members. Third objection rules reviewed approved and check. Chapter eighty is licensure medication assistance certified the changes made were related to ACT seven forty six with the federal form I seven sixty six and we also made some changes related to clean up of difficult licensure at the address and name changes that the subsidy change. Was allowing of training programs to be in the skilled nursing facilities and we also allowed to broadened where the clinical striker instructors background because a previous act the way out Mac programs to be Max to be utilizing correctional facility so we took away the part that was very restrictive to nursing homes to allow it to be in other facilities. The questions from members. There's several comments that look like from the nursing home industry did you get those resolved satisfied do you think yes I worked with Erica G. and she said her client was satisfied with the changes some of it was just explaining how and why we did it up broadening it to the correctional facilities okay any other questions members. Without objection the rules reviewed and approved thank you all for being here today thank you. Department of Health state board pharmacy. Morning German name and title for the record please. Thank you Mr chairman John currently I'm the director of the board of pharmacy look Daniel the general counsel state or forms morning Joe with the real seven yes Sir change to a rule seven the proposed or set up to match some of the requirements two ACT five oh three of twenty twenty one deal with therapeutic substitution of medications we also have changes to establish prescription delivery standards as outlined by ACT nine twenty two of twenty twenty one be happy to answer any questions you have. In a letter that had some suggested changes did you incorporate those are we do not incorporate all them we had a couple of changes that were incorporated such as the language to have the cost medication be equal to on the therapeutic substitution of some of the suggested changes on prescription delivery standards were very different than what was actually proposed such as having an alternate method to get medication rather than a local way to get your medication of that specific acts begin with the people who helped sponsor and support it is about if you were unable to get your medication shipped to you in a timely manner then that that organization must have a way for you get your medication locally instead of being able to tell you will if you're in Little Rock you can drive to Memphis and pick it up it's on that you should be able to get it where you are just like a supposed to be delivered to you okay any other questions. Without objection rules reviewed and approved real nine in rule nine we have accords Act five oh three of twenty twenty one that's how we will establish a statewide protocol working with the medical board have agreement on the point of care test and treat guidelines for certain disease states as outlined in the role. Any questions members. Without objection rules reviewed and approved thank you for being a. Our department of health and state board of physical therapy. Morning name tile for the record please. Good morning and Nancy were the director of the state for the physical therapy. Okay so would present please. This is Amendment sure rules. they've to comply with the axe from twenty twenty one which include ACT seven forty eight could you do me a favor just pull it Michael closer thank you Sir thank you. And X. seven forty eight which removes reference to permanently disqualified offenses at one thirty five which requires a language at St messenger extension and continue to question requirement waiver for uniformed service members at seven forty six which creates a new subsection that it specifically states. Licensure eligibility for individuals in whole work permits ACT seven twenty five which adds language regarding fee waiver for eligible individuals we also amended are continuing education process to go to an auditing process. And there were no public comments on these. Okay any questions members. Without objection the road reviewed and approved next one please events that telehealth rule it's to clarify and update procedures for telehealth and to comply with Act seven sixty seven and eight twenty nine of twenty twenty one ACT seven sixty seven requires to specify originating site for telemedicine at eight twenty nine is to specify how professional relationship may be created there were no public comments on this either okay. Any questions from members. Without objection rules reviewed and approved thank you thank you for being here have a good day Parma health division pharmacy services and drug control. Morning Joe would name tougher record please. Good morning I'm l'arche of general counsel for the department of health. A good morning Shane David Arkansas department of pharmacy services morning or which pulled Michael closer please there you'll go in present. We're here to present the rules of the deal with the list of controlled substances and the list is amended your early that's as statutory requirement we're adding several controlled substances to that schedules one ends and to some of these recommended from regional concerns from the crime lab some of them are following along with the DEA scheduling we're also incorporating ACT five one four of twenty twenty one and We had a public comment period there were no public comments. And there's no fiscal impact and we're happy to take any questions any questions remembers. Senator. Yes there's a substance that I believe has just come on to add into the market place that apparently is available through some different types of gas stations or truck stops or something in Missouri and I'm wondering if you have. Do you have constant const come from conversations with the D. A. and if something like that does occur which you then be able to pull that into an emergency rule situation to add something like that if we find something that comes on yes Senator Irvin we have done that in the past especially when the crime lab lets us know that that people in Arkansas are directly affected by it but we also do maintain contact with our friends at the D. E. A. and and making sure that we're aware of anything that summer regional concern ten nineteen was one of the things that was added that we became aware of a legislator drew our attention to it so if you're aware of a particular substance were happy to look at that and and meet with our our law enforcement partners and and make sure that we're addressing it and if needed we can do an emergency rule okay thank you. Or any other questions members. Without objection rule is reviewed and approved. Thank you all for being here today thank you SO one got it. Okay. Of Parma Health Mar mental health services. And for the record I'm again large shoe general counsel for the department of health and I have my subject matter experts from the environmental health services department. A Terry Paul environment health branch chief. It may environmental health manager good morning you'll go ahead and start present our first rule is dealing with trip dispersal systems and this rule at dates dispersal specifications and cleans up at various language in the rule it also provides for an addition of a rules disclaimer we did have some public comments and the agency responded on page one sixty two of your summary we have the agency response and we made changes pursuant to the public comments we have had not had any other concerns after the public comment was addressed and we're happy to take any questions any questions from committee members. Without objection rules reviewed and approved. Septic tank our next rule are rules pertaining to septic tank cleaners we're updating to comply with twenty twenty one legislation dealing with acts one thirty five for the military and ACT seven twenty five the workforce expansion acts we have a public comment period there was no public comments and we're happy to take any questions any questions members. Thank you objection road reviewed approved retail food establishments our next rule is pertaining to the retail food establishments we incorporated the language from ACT three oh six an act ten forty the food freedom act. we had a public comment period there were a few comments and concerns about a sprinkler systems those were addressed and we found a solution that are public commenters were satisfied by and there's no fiscal impact and we're happy to take any questions and questions from members. Without objection this rule is reviewed and approved the plumbing licenses. Our next rule deals with the plumbing licenses we are at the core operating some of the acts from this past legislative session including one thirty five and ACT seven twenty five we had a public comment period there were no public comments there were a few questions that were addressed that have we're happy to take any questions for you from you all today the questions members. Hearing none without objection rule is reviewed and approved the. I to me are rules pertaining to the onsite wastewater systems this updated rules to reflect requirements of act one thirty five and at seven twenty five we had a public comment period and there were no public comments we're happy to take any questions any questions members. The objection rules reviewed and approved and election. I have F. or the rules pertaining to restricted plumber gas fitter licenses in the gas utility we had a public comment period expired in February we had no public comments and we're happy to take any questions the questions from members. You know without objection rules reviewed and approved thank you all for being here. And up next is the the department of health. Public health laboratory. Thank you for the record I'm large you and general counsel for the department of health. Are availing. R. Bailey director of office vocal testing thank you. We're here to present the rules for alcohol testing at the key components of our amendments are that we updated the list of approved instrumentation and we were remove some redundant information we had a public comment period back in December we had no public comments and we're happy to take any questions thank you members any questions on this one. Ninety nine without objection this rule is reviewed and approved thank you. Hi folks hang in there we're almost intermission. item twenty three a. State board of examiners alcoholism and drug abuse counselors. You would when you get see this introduce yourself for the record and you can go and begin presenting a report Amil of thought board ministry In. And ruby ridge chairman of the Lysons of all drug abuse. Councils. Mr McLemore heart health thank you good. The first five changes that we have to our rules are to bring the board into compliance with acts that were passed in twenty one at seven forty six as an individual may petition for licensure of holding a work permit at seven forty eight the board is mandated to remove the term permanently disqualifying offenses from the criminal background check language at seven twenty five the porch away the initial licensing fee for those individuals that qualifies under the work first force expansion at. At one thirty five the board shall revise the military licensure section. At six nine sixty eight as a volunteer services provided under the volunteer Health Care act number six is that we want to remove a section on register clinical supervisors we were basically just acknowledging it credential administrator administered by another board of if someone could prove I had taken six domains and pass the clinical supervision exam we place them on a list on our website at one point our legal counsel told is that we're putting ourselves in harm's way two of verify lessons of another board so we simply want to remove all that language off of our website or rules. Happy to answer any questions all right thank you members any questions. Senate. Yes I'm trying to follow along with we did just to Page one seventy five and one seventy six correct in that were you were over it. There's would be a. Seventy three okay. I'm sorry whenever we get to that that's where my question the stock will be there thank members any other questions on this rule. Ninety nine without objection this rule reviewed and approved thank you thank you thank you thank you. Reporter. Hi department helps the. State Board of Health. Hey Senator Hickey just so I don't run by it do you know which one of these rules or is it one of these rules that you gonna wanna. And I'm sure they're gonna dress that were it's got to just Romero where they changed it to him I just didn't know if they're gonna try to bring the bring some type of emergency rule or what so anyway I just to that's that's gonna be my only question we get to that okay thank you cartel would please name and title for the record and do me a favor if you would Sir that button to the right you push it off. They go an annual light appears and name and title for the record please. I'll just push it later on there you go you have touched them Derek amac Department of Health women's health section chief. Charles Thompson twenty Arkansas department health okay and your presenting first rules the licensed lay midwifery the correct a yes senator thank you what you have before you is the update to the rules regarding license lay midwifery in Arkansas this was done pursuant to act one thirty five of this past session that is the automatic military licensure act and it's updating the language in there to comply with that act there's no other substantive changes we had no public comments that we have to take any questions members have any questions. Hearing none without objection this rule is reviewed and approved the rules for administration vital records. Name and title for the record please. Thank you l'arche general counsel for the department of health. When the lane health statistics branch chief Charles Thompson Arkansas department of. Okay go ahead please we're here to present the rules for administration of vital records this a rule adds amendments and forms to comply with laws that were passed during the session it's a complies with ACT five sixty of twenty twenty one and Act seven eighty seven acts of one thirty two by representative Holcomb dealing with the and bombing at a dead body and we have a public comment period that expired on February twenty first we had no public comments and we're happy to take any questions the questions members. culture yeah I think this might be the time that Senator Hickey is question came up because I see that you're changing doctors met the doctor Romero and that's gonna be changed again as well yes we will make sure that that's updated it's not gonna be a substantive change so we'll just treated when we get either an interim or am I permanent secretary will make sure it's updated at that time Senate he can do that get your questions answered. Yet just so the way it's written though I mean as far as any signatures or things like that you're okay to act with your interim or however correct correct Dr Mary is acting as the secretary of the the board of health at the time and so when we promulgate rules they have to be approved by the board of health on the front end and so they are presented in that that manner before they go to the governor's office but will make sure that that the interim and the the future secretary also have any five signature capability on the on the back end okay so if it was written that way already correct thank you. All right members of any other questions. I thought objections rules reviewed and approved thank you. Thank you. Fusionist. Now. Morning name title for the record please good morning I'm holidays section chief for health facilities services all right good morning if your what would you binding in over and pushing that button off to the right there thank you ma'am if you would please go ahead and present thank you again Charles Thompson attorney Arkansas Department health what you have before you is the update to the rules for part of the fusion is in Arkansas all these were done pursuant strictly pursuant to act one thirty five which is the update to our military life automatic licensure in Arkansas to comply with the new language nine ACT it also is to cloud Act seven twenty five workforce expansion act by Senator Gilmore which allows waiver of initial licensure fees insert for those of with certain act that meets certain economic criteria be happy to take we had no public comments and I'll be happy to take any questions. The questions from members. Without objection rulers reviewed and approved. Next rule hospitals related institutions. Thank you Mr chair whichever for using up they to rules for hospitals related institutions they're done pursuant to legislative act including ACT two two six or reference roof and references the consent by a parent guardian or miners ACT three eleven no patient left alone ACT ACT four four four four nine which was the act regarding certified registered nurse anesthetists ACT five ninety eight requiring have screening ACT nine four nine at nine four nine and. Scares me which which act that was for second I'm Paula Johnson ACT Agnon for non regarding abortion in hospitals and Act ten fifty five that's Senator Irvin hospital without loss flexibilities when when CMS grants flexibilities to institutions we had one public comment that was regarding the certified registered nurse anesthetists to that our language was all under the that reference the old law we've updated that on the new acts in accordance with that this public comments in this the public comment was a applicable to critical access hospitals request but asked access hospitals as well and so we took that and I did across the board to ensure that we are in compliance with that act otherwise we had no other public comments there was questions and sent Senate Public Enemy nine joint public health from the sponsor regarding at three eleven new patient left alone we took those comments went back and clean the language up and the and met with the sponsor and she indicated that she's good with those language changes I'll be happy to take any questions any questions members. Seeing none without objections rules reviewed and approved and collections hospitals rule the critical access hospitals rule that was done pursuant to all the acts that we did regarding hospitals related institutions there was no other changes to critical access hospitals on so we have to take any questions on that any questions members. Here no without objection rules reviewed and approved Freestanding birthing centers. regarding freestanding birthing centers we do not have any free standing birthing centers in Arkansas but these are the rules regarding regarding them if the if and when I want to start up it was injured got and first the rules were amended pursuant to act five nine eight regarding health screening and Act six oh seven which was a change in the change regarding certified nurse midwives in their scope of practice was done strictly pursuant to those those acts we had no public comments on the happy to take any questions any questions members. Here no the objection rules reviewed and approved. Natural. Would you have a forty I believe that's. Or thought ex or thought it provided. Thank you thank you Mr Jebel FOR use or thought experts that X. prod I'm not even attempt the third word always get it wrong I thank the lord thank you thank you Paula this was done the the minutes were done strictly in accordance with Arkansas act act one thirty five military licensure there's ACT four four five which was regarding some clarification for the assistance in these in these occupations in their credentialing at seven twenty five which is workforce expansion act that Senator Gilmore's the waiver for initial licensing fees and ACT eight one one which was on and learn which was would allow for paths to licensure through an apprentice program we had no public comments I'd be happy to take any questions any questions members. Senator this also included ACT four forty five of mine is that correct yes ma'am. Okay any other questions members. Here now with the objections rules reviewed and approved and rules FOR EMS. Malaysian again thank you Mr chairman Lars to general counsel for the department of health Kristi Kristi section chief for emergency medical services good morning fuel mileage you put Michael close please ma'am thank you all right they'll go ahead present thank you Mr chair members of the committee were here for the rules for emergency medical services this incorporates several acts from the twenty twenty one session including acts I want thirty five seven twenty five an axe eleven for the licensure component it also implements ACT seven ninety which is Gabas law to assist with any injured dog situation that we the providers may encounter it also incorporates ACT seven oh seven for data collection and evaluation systems and Act eight twenty seven we had a public comment period we had a positive letter from providers and no at negative feedback and we're happy to answer any questions the questions from members. Shino the objection rules reviewed approved thank you thank you former Human Services division of child care early childhood education. Chlorophyll would name title for the record please. Good morning if any rest program manager division of child care and early childhood education I'm Tonya Williams director of the division of child care and early childhood education mark white chief of staff for DHS feel would please present at you have the rules before you there minimum licensing standards for child welfare agencies these include both placement and residential licensing standards and the reason for the changes are really two fold one is to incorporate the families first prevention act an aligned with our sister division Children and family services and then secondly we had three pieces of legislation that were passed in twenty twenty one that includes at two sixty nine S. six seventy three and acts of and seventy two. There were no public comments. If they have any questions members. Here now without objection rules reviewed and approved thank you thank you Committee you're welcome. The Department of Human Services division children family services. Miss Harper's gonna join up for this one. The morning Krista Harper an assistant director with the DHS Division of Children and Family Services okay promoting successful transitions to adulthood please yes Sir this rule pertains to you the aging out of foster care it aligns Division policy with axe three sixteen and seven ninety one passed during the ninety third General Assembly provisions include streamlining the process for young adults to re enter foster care by not requiring a petition to be filed on their behalf in order to access services from DCFS in clarifying the participation in the extended foster care program does not impede or otherwise alter any right of forty to the youth by virtue of their age majority we've also updated this rule to reflect current practice as it relates to sponsors for use in extended care and sponsors are people who provide support to the youth and help them to budget their monthly for payment we do not receive any public comments in this rule was also reviewed by children and youth on April fifth I'll be happy to answer any questions any questions members. You're no without objection rules reviewed and approved me. Our next will review is regarding providing information to you and gathering information from resource or foster parents pursuant to acts through seventeen and eight fourteen of the ninety third General Assembly at three seventeen assist the Division and better supporting foster parents by allowing certain information to be released to them regarding children previously placed in the home such as information needed for tax filing purposes at eight fourteen requires that all resource parents must be called as a witness when providing information to the court about a child placed in the home and this helps ensure consistency and when was it and what evidence is admissible as well also makes clear that resource parents can transport children in care for an overnight stay or more outside of Arkansas with prior DHS approval the DCFS will not pay for vacation expenses and once again the public comments received this was reviewed by children these committee on April fess I'll be happy to take any questions any questions members. Here now without objection rules reviewed and approved updates to children child marriage treatment. Yes Sir the changes in this rule pursuant to acts passed during the twenty twenty one legislative session as well specifically at that fifty six which makes updates to the list of mandated reporters to include any full time or part time employee of a public or private school at two seventy which expands the definition of an active determination for child maltreatment investigations and ACT eight ninety six which ensures that adult offenders remain permanently on the child maltreatment central registry and if there is if they are convicted of a criminal offense for after remission that constitutes not treatment and and they are placed in the registry for severe amount treatments ends once again a public comments this report was also reviewed on April fifth by children and youth committee I'm happy to take any questions any questions members. You know the objection rules reviewed approved in the last one. A final rule for review today M. F. eight DCFS specific resource home approval requirements to align with the national motto licensing standards that were issued as part of the federal family first prevention services act and many of which have also been incorporated into the forthcoming minimum licensing standards that were just brought forth by our sister division of child care and register of you. And beyond that it in many years since we updated policies related to our foster homes and the corresponding handbook so with input from staff and foster parents we've incorporated several current practices for example processes that began as a pilot but I've now been integrated statewide former executive directives now into a written rule and interestingly tried to provide more guidance to foster parents on what to expect a child is placed in their home and in addition to the public comment period we didn't send out the this version of the handbook to all foster parents in the state and we did not receive any questions or comments in this role was also reviewed on April fifth by the children you Committee I'll be happy to answer any questions any questions members. Hearing none without objection rules reviewed and approved thank you thank you Arbon of Human Services division county operations. Andrey Frankel told me for this role thank you. On miss Franklin in the title for the record please. Good morning I'm Mary Franklin director of the division of county operations for Department of Human Services okay first one please the first rule is we're implementing to enact Act for nineteen from the twenty twenty one legislative session in this role Makes it clear that the only two reasons where the state will use discretionary exemptions related to the requirement to work in the snap program would be for those who are in foster care for battered women shelters. There were no public comments on be happy to take questions any questions members. Here no thought of section rules reviewed improved in actual please this rule an axe ACT seven eighty from the twenty twenty one legislative session and it adds language to comply with that act requiring six month certifications for snap limited reporting households. There were no public comments any questions members. Here no without objection rules reviewed and approved thank you. Good day match Department of Human Services division merit medical services. And richer lives with the bill join me for these rules. And if I can just miss Mister chairman on couple these we're still waiting on CMS approval for these and what we'll do is once will hold off on a secretary state until CMS approves if for some reason CMS wants to change something will bring a roll back to you okay thank you. Do you give any indication which one of these that applies to that all of them are. No Sir I I know that they're it with when I go through the rules if you would like me to. Arkansas name tile for the record please sure it's Elizabeth fitment of the director for the Division of Medical Services okay go ahead please and the first rule is still pending CMS approval it is the rule that it creates both the ability to enter into a pharmacy pool I drug pool so and right now we set our own PDL which allows us to determine which are preferred in and project preferred drugs it's a preferred drug list this allows us to pull with other states we still have complete discretion over what goes on our list and the ability to contract with the manufacturers individually as a state that by pooling we can leverage more negotiation power and so we anticipate about a two million dollar a year savings by doing that the other piece of this rule allows us to enter into what's called value based purchasing agreements with manufacturers of drugs suit manufacturers of drugs will allow you to and contact with them to say if it's a very very high cost drug we will meet certain criteria and if we do not we will give you some portion of of the money back that you paid us for that drug we do not know what we will save on the shot because we do not know which manufacturers are going to be able to enter into those value based purchasing agreements with but this does allow us the flexibility to do that. There were no public comments on this rule a questions remembers. Representative right you sure mail could you thank you Mr chairman well could you please explain what this fifteen percent exemptions is. Fifteen where are you asking and I will do my best. Represent right are you on Page two eighteen of the package is that the one you got to questions about. The preferred drug list pool. Go ahead. Reserve right I believe that this was not that on the snap rule earlier I can you Mr moment I can go back and. Yes I that represent right we've we've done pass that one over you wanna get with them offline or can you answer the question real quick all the laughter shall we okay our thank you March twenty it was represent right afterwards yes Sir I will okay thank you all right any other questions on this rule. So CMS doesn't approve it we just don't save two million dollars or basically that it. We are actually that would be correct but we anticipate CMS will approve it and the main questions they had as which PD opal are you going to enter at more using our current vendor Magellan they have one is that no extra cost to us and then they wanted our templates for those value based purchasing agreement so we've sent them those and so that's where we are in that approval but I don't anticipate any problems with it okay do me a favor when you get that just a short summary don't write up No shoes Roebuck catalogue your Senate staff and we'll send it out to the members that we will know if it's you know cleared out or not please any other questions. Without objection rules reviewed and approved your next one. At the next rule is I pursuant to act eight thirty of the last at legislative session it is you are cover vagus nerve stimulation procedures at the cost you to the providers prior to that we paid our outpatient hospital day rate which was significantly less than what the procedure actually cost in the device actually cost device is quite expensive this rule allows that provider to bill us for by the device in the procedure and get reimbursed for both teams that is this is has been approved by CMS I we did work with the manufacturer of the device and to make sure this rule captured what they were seeking during that session and we believe it dies in we receive no public comments. And I'm happy to take any questions. Okay that was. Hi everyone sorry lasted I'd skip when did I get the PCP visits help let me redo that skip that okay get to that in a minute okay all right thank you all right I had about order thanks hang on hang on state senator in did you want to hold your question was about that. Okay can a letter present then we'll get I'll get your first okay go ahead sorry about that that's okay this is also pursuant to an act ACT five sixty nine I that acts it allowed us there's two pieces to this rule one percent ACT five sixty nine which I have allows a P. R. ins to practice outside of a collaborative practice agreement and allows them to be PCPs in the Medicaid program so this rule adds a PR ends to our list of people who can be primary care providers within the Medicaid program and we did work with both making the nursing board to make sure that this rule I was correct and we believe it is the other piece of this rule I increases the visit limit for Medicaid beneficiaries who were assigned to a PC CM or primary care case management I entity from twelve to sixteen visits per year. Our center. What is the rationale behind only extending the visits from twelve to sixteen if there and the P. C. C. M. S. thirty if you have people that are practicing a primary care and they're not part of the P. C. C. M. they're limited to twelve. This is per year so it seems to me that your what what's the rationale behind that is it just driven because the act or with the rationale behind this so we were trying to make sure that we were including as many beneficiaries as possible and we chose to tie it to what the beneficiary was enrolled and so this allows those enrolled within PCC including accurate season are agencies I had to get that additional for visits so operationally that was the way that made the most sense the majority of Medicaid clients are required to have at PCP assigned through the PCM program. All all it it's not the PCMH program it's the PCM program so all physicians enrolled with peace as PCP should be enrolled in the PCM program they do not have to be enrolled in the PC's in H. program. Okay. Good okay. Any other questions for me other members. Stove top you had you know full Medicaid patients have an assigned PCP or there and that are not there are certain groups that do not require a PCP assignment they can but they don't have to I can't tell you off the top of my head with those groups are but the majority of Medicaid clients to have PC PS okay thank you any other questions. Hi no other questions without objection rules reviewed and approved. Next what do I mean would you like me to repeat that just so everybody knows in thirty seconds researcher to this role as president ACT eight thirty which allows us to cover vagus nerve stimulation devices and procedures act costs and whereas before we were only covering it as an outpatient at. Day rate and this has been approved by CMS and we have not received any public comments or any questions for members. A representative Wardlaw. We'll. okay. No no no no. And. Beatty the question I have is Wardlaw most I was referencing the representative Wardlaw all right you're you're recognized Sturch I just have a question since we have this rule now when will Arkansans be able to have access to care. So the rule itself goes into effect on June first we do currently cover vagus nerve stimulation procedures it's just not at this costs and they have access to it today if they go to a hospital that hospitals with ice and then the hospital does receive additional reimbursement and this allows those hospitals on June first that do not have that ability to receive costs okay so June first yes thank you. Thank you representative baby. All right any other questions. Hi no questions without objection rules reviewed and approved thank you thank you members thank you chairman thank you per labor licensing division occupational professional licensing boards and commissions Arkansas fire protection less the board. Gosh I've been up here by the time I got done read your title. Joe would please name and title for the record. The morning of miles Morgan associate counsel Arkansas Department labour and licensing. Good morning Patricia white director for the fire protection licensing board good morning if you would please presenter role. there are two roles with you and take the first one which is portable. And what we did is the thrills were updated to include and comply with legislation I for access one thirty five and X. seven twenty five. And there is not a public comments and. Okay a million questions members. Without objection then this rule be reviewed approved in actual. And the next one is exactly the same thing these rules were updated to include being comply with legislation ACT one thirty five have twenty twenty one and ACT seven twenty five twenty twenty one. Take any questions member. Here nine without objection rules reviewed approved thank you all. All right Arkansas state board of public accountancy. You've got to five if we'll start board rule three please. And name and title for record. Morning I Jimmy Corley director of the state were public can see. First rule is rule three this rule simply updates in names of universities accreditation bodies a recognized by the board. Any questions members. Here note that objections rules reviewed and approved real ten a rule ten is just a quick update the cost by another change will talk about later to board or nineteen references organizing. Okay. A questions members. All right objections road reviewed approved all right. Rule twelve ACT seven twenty five twenty twenty one to participaron Gates rules to waive fees for license application applicants receive certain state benefits are far below two percent of federal poverty line. K. A. questions members. Third gestione road reviewed and approved twelve I see rule thirteen of this change being made to relax requirements for continuing education requirements for credit minute period currently first acceptable CP is fifty minutes were changing this down to twenty five minutes at the request of store licensees. Any other questions members. Hi subjects's rules reviewed and approved rule nineteen rule nineteen is being propagated to comply with Act one thirty five of twenty twenty one of this changes the language in the rule to match language and at one thirty five it also clarifies that licensure is not only available to those who become a CPA from another state but those who are seeking their first license with our board. Any questions members. You're not without objection rules reviewed and approved thank you thank you. Right okay here's licensing board. Morning in name and title for a record please. Part morning Mr chairman committee thank you Kelly black director of the auctioneers licensing board okay if you. Sorry. These rules were required by the twenty twenty one session there were no public comment on any of our changes all entertain any questions. The questions from members. That objection rules reviewed and approved thank you thank you. bails bondsmen. Licensing board. Once her name title for a record please twenty Murray the director of the state bill on the board okay hello president. yes Sir we have a make changes as required by the legislator to the act one thirty five and X. seven twenty five the automatic license year of the uniformed service members and their veterans and the. workforce expansion act fee waiver. Any questions members. Objection road reviewed and approved thank you. And the other state border barber examiners. Good morning my name is Phyllis Jacobson I'm director for the board of barbering centers okay and we had rules five eight ten and fifteen which required by the twenty twenty one session. in regards to rule for we added some language on rule for annual sixteen are fees. Any questions from members. Hey NO thought objection rules reviewed approved thank you Sir. And professional surveyors. This morning I am title for the record please good morning I'm heather Richardson I'm the director of the state board of licensure for for professional engineers and professional surveyors okay you would please. If the board is proposing amendments to their rule these amendments will clarify and the rules of the board to be in compliance with act one thirty five to twenty twenty one occupational licensing of uniformed service members it will also amending clarify the current rules of the board to be in compliance with ACT seven forty eight of twenty twenty one occupational criminal background checks. And to create an article in the current rules of the board to be in compliance with the act seven twenty five of twenty twenty one workforce expansion act. Thank you okay members any questions. Hey none without objections rules reviewed approved thank you thank you. Did women Colonsay Jermaine C. twenty five the question. Okay in my all right Our public safety division Arkansas state police. Thank you. One. Okay run to the Cole case one first okay. The bill would name tell for the record please. The morning my name is Joseph to push that button it's not lit up there there you go now you're ready thank you good morning my name is John Shipley I'm an attorney for the department of public safety okay good morning I'm at Stacy roads and the commander of the criminal investigation division that oversees the cold case squad okay if you would please present. These rules are incomplete or to bring in compliance with the new act that was passed excuse me eight forty one of the General Assembly for twenty twenty one are the establishment of the eligibility criteria and requirements to allow for the implementation of various provisions related to the administration of this act we receive no public comments. Members have any questions. Start your Aussie Michael cases still have right now so roughly and the number is around a hundred and forty okay. Or any other questions for members. Then without objections rules reviewed and approved. And be like we have a development on that one is that correct it is correct your honor okay yeah I'm sorry Mr. All have it yet the Case may understand your going to work on this one with the sponsor of legislation is that correct that is correct to read a hold it in here and you all work with them and will bring it back is that correct that is correct the correct general. Good question okay so that objection we're gonna hold this one back and they're gonna work with sponsor the legislation clear a few things that's correct our thank you thank you very much thank you have a good day. State board of election commissioners. John if you all would name and title for the record please. Thank you Mr chairman state officials service director state looks Commission. My name is Chris Madison the legal counsel for the state board of election commissioners okay let's get the first one please the first one is rules for the procedure for citizen complaints regarding violations of state election a voter registration law the Amendment server were required to incorporate ACT seventy six Daniel would you put your Michael closer please yes Sir sorry Mister chairman of these ACT seven fifty six made amendments essentially Expanding the jurisdiction the time period file and eliminating some technical requirements that it because complaints to not be able to be considered in the past. in addition ACT nine seventy four together with ACT seven fifty six created some new resolutions for complaints and those those new policies established by the legislature or incorporated into our rule this amendment. Okay a question for members. Representative Vaught. Thank you Mr chair and I and you may have to tell me off this off line but if a citizen is one to do an ethics. report. How do they do that the if they go to our website on the home page there's a file a complaint boxes just a simple form basically they need to tell us what it is they believe occurred that constitute a violation of election or voter registration law and they'll simply filed with our office the time period to file is under the new law represent here is the beginning of the deadline to send out overseas and military ballots which is forty six days before the election simply when the election begins forty six days before election day and now the deadline is thirty days after the election certified so there's a bigger window to file thank you. Any other questions members. Without objection the rule is reviewed and approved next one please. It's the rule for county election commissioner training this amendment incorporates Act ten fifty one which as it relates to this rule has The requirement that county election commissioners be tested pursuant to their training regime and so this corporate that process into the rule in addition and separate from the act we saw fit to raise the type and for attending training from one hundred to three hundred dollars. members questions. With the objections rules reviewed approved thank you next one Mr chairman This is the rules on poll watchers vote challenges and provisional voting the The first act requiring this rule to be amended as act two forty nine this the act which amended Arkansas's voter ID law and so the rule is amended to come into line with the new requirements of Amendment fifty one of the state constitution In addition there's one small policy point not covered by any act that we we clarified by policy but not by explicit blackletter law the state was. County election officials are told that if someone comes to vote and they're marked as having already voted they would be allowed vote provisional that wasn't explicitly address in law so this rule codifies that they're required to be given a provisional ballot but in addition to the county is required to report that fact to the state boards that we can trying to figure out what the services were behind that situation. Questions for members. Without objection this rule will be reviewed approved next one. Thank you Mr chairman this the rules of practice and procedure governing matters for the state board the rule is required to be amended by Act ten sixty three which established a appeal process for the reduction in the total number of polling sites in the county in a major election cycle So now if the if your county reduces how many polls are for the primary and general election that action can be appealed and this establishes the procedures in addition to that this is actually from ACT three seventy six of twenty nineteen which didn't require a rule but experiences taught that a rule would be useful in Syria it governs the process of reviewing and and approving the language on the ballot for a initiative. Okay any questions members. Hearing none without objection rules reviewed improved in actual rules for the verification of voter registration which is you verify your voter registration of the photo ID as to what that refers the this is a standalone rule on that issue and also has to be amended pursuant to the requirements of act two forty nine. The voter ID law. Any questions members. no without objection the rule is reviewed approved your next one rules for poll worker and county Clerk training this is essentially the same as the commissioner training now Alexion officials in Arkansas need to be tested so the testing element need to be incorporated into the rule and similarly the compensation for a county poll worker attending training was increased from twenty five dollars to either thirty five or fifty five one of the things we've done to try and make training work better is allow you the county to bifurcate their training process so they're prepared there front line people can just have a a more focused training and then they're super at least to be purple two people per pole have a extensive exhaustive training for running a pole and so the thirty five is for the basic the fifty five for the advanced. Can you members have any questions. Without objection rules reviewed and approved notes from. This act well the rule for county election coordinator training also this is a new rule created under Act ten fifty one the actor require the testing also required a new type of training coordinator training and this is the rule that provides for that that training. Any questions members. If you had your first one yet or on all these training with everything coming up in which what kind of reaction or feedback dissipation or I'm happy to report that we are of course nearing the end of the training process and forcefully the rules are coming a little behind but that that's gonna work fine under the circumstances the corner trying actually went very well it was kind of a bit of a pilot program as we had done one before and we had some excellent feedback R. for the way we've approached it is we want to do we tell you a lot of things you have to do in poll worker or in a county election commissioner training and so I am like make a ballot for instance so in coordinator training we tell you how to do it and we had some experts come in and help us and it it would you got some great feedback. The representative thank you just a quick question on these exams can you provide us some insight on the pass fail ratio for the exams yes Sir the. The last the my recollection in this is of course an ongoing process because people leave income every day we've of the commissioners I think we had fourteen of the theoretically two hundred twenty five statewide the the act provides that that doesn't remove them from office it just limit their training so our approach is that they're going to continue to be in office we're giving them an opportunity to to to to receive further instruction and then to attempt that again and so up again since they're gonna be in office we're gonna we're gonna use that as a tool to cause them to get further instructions to try to clear up the deficiencies. Sure go ahead. The. Yes of course the county poll worker training of that's that that is just beginning really so all I have real good that on right now it's commissioner training but certainly. Traders are still send that to you mentioned that staff and we'll send it out to all the members if you don't mind please yes Sir Mr okay any other questions on this one. Okay. Senator Ladyman. Thank you Mr a question on the testing. for the commissioners not I've heard I didn't really read this thoroughly at all just for that but that if they fail the test they didn't get paid. They didn't get paid for attending the training if they fail the test or still pay their their mileage expense to attend the training that they don't get this type and and and the training is also tied for to service in the primary so they get mileage immediately and then if they pass the test and they serve through the primary then they will receive the for commissioner three hundred dollars type. So if they don't pass and they don't they have to come back the study and come back for additional tests is that what you said that's the approach we're taking this year one its new into since they're going to be in office anyway better to to use it as a tool to get them additional training and trying to bring them up on whatever issues they did understand yes Sir thank you. So if they fail they're still going to run the. Election are you hand on that one well that's that's the the per that's how they act is design okay you don't know what pass rate I mean anybody saline I'm not I'm I'm an attorney for a reason but fourteen out of approximately two hundred is is the Commissioner experience so generally we had a positive experience okay okay Represented by an. Thank you Mr chair if a commissioner fails is the The county committee informed. That one of their commissioners failed the exam no that is not a provision of the rule of the act and with. We certainly it would be available information but we haven't implemented some proactive inform some available information available to the county it's not a part texted information so they certainly could be if they would if they inquired we would certainly tell them that we did but that's not something I've contemplated to be honest but there's no proactive notification to the commission to the county party's. It sounds like it be a good move I think I see your point thank you. Any other questions. So would you mind maybe put together punch list of some ideas or suggestions after your first round of experience on this and get that together in a major will have a meeting down the road to kind of talk about that absolutely we obviously have been taking this first year of the the of that this type of training as a as a learning experience both for them and for us I think we can certainly do that okay so the word out. The the study up when you come it I believe it has a if nothing else you certainly have a good reason to pay attention in class although I don't think we have a problem with Mr not paying attention in class but more motivation to have good elections always a good thing yes Sir thank you any other questions. Hearing no objection road reviewed and approved. Thank you to everyone okay thank you. All right members of the state treasury. The. One German Joe would name and title for the record please grant Wallace chief deputy treasurer for treasure bill in a John peace legal counsel for the section twelve twenty nine ET AL would please the president so these rules before you today we are in response to ACT nine sixty six of twenty twenty one it incorporates a name change from the provider for the program from the Arkansas tax deferred tuition savings program to the brighter future fund and it also brings in two new eligible expenses regarding apprenticeships and student debt repayment student loan repayment as eligible expenses and that it also comports with the new APA requirements I'll be glad to answer any questions there are no comments during a public comment period. All right members any any questions. I had got one related So if you Standridge five twenty nine plan outside the State of Arkansas you don't get the Arkansas tax credit you have to do that for a plan established with the five twenty nine plan. In Arkansas is that correct or incorrect it's incorrect and that you do you are eligible for a tax deduction within the state it is just not at the same level as if it was in Arkansas plan so for an Arkansas planets five thousand per individual for an out of state it's thirty five hundred per individual. Okay all right any questions members. Go ahead push button please. Represent brand thank you Mr chairman Wallis how many employers have taken advantage of the opportunity to provide a a matching to their employees so I don't have an exact number on that is kind of complicated when we. For our program to get that kind of information we don't necessarily get it at that level but let me see what information I can find and I will be glad to provide that to you thank you. All right Any other questions members. All right here no other questions without objection this rule is reviewed approved thank you. All right members the Department calmer State Insurance Department. And. Joe would please. Name and title for the record. Thank you thank you Mr chairman booth ram Manjhi interning Arkansas insurance department. Well Mister chair generator general counsel orders or insurance department all right and my understanding is rule one eighteen being pulled for now is that we need to reach we'd like to come back a couple months if possible we've got some technical issues that we don't want we don't want to mess up something big so we'll make sure carefully here okay if they have any objection or hold rule then. Members. We're on to the next one on the agenda is rule one or what one eleven what I'd like to ask without objection I'd like to hear fifty six and five. The rule that have been in place for decades was not updated at that time and so this just squares up the rule with the time frames in the statute. You have to answer any questions. Members any questions. Hearing no without objection rule is reviewed and approved and rule five thank you this is exactly the same scenario a rule five is the companies have to each pay an anti fraud assessment each year the statue was changed in twenty seventeen to make the due date the June first the rule that was in place for a long time for that still has it at June thirtieth so this is where those these are two companion rules for long time existing statutory fees the companies pay to a I. D. and so this will just make sure everything is square above board. All right members have any questions or rule five. All right here now without objection rules reviewed and approved thank you all right we're back up to rule one eleven members which is on page two sixty six if you'd find where there please. And your can go ahead present and members we do have people signed up to speak for and against this bill and so please listen up thank you thank you Mr chairman two three and again with the Arkansas insurance department we spent the last several months trying to promulgate a rule one eleven real one eleven implements ACT nine fifty five of twenty twenty one which is our craniofacial coverage low its namesake is miss one one Osborne is going to testify here today about concerns that she's got about the real explain what we're doing this rule the real parents and mirror statutory language already in ACT nine fifty five one of the concerns of the legislature had in twenty twenty one was the fact that for patients who have craniofacial abnormalities cleft palate is an example of one of those conditions in order for insurance companies to cover that particular condition they have to get authorization from one eighteen ACPA approved team ACPA stands for American cleft palate craniofacial association approved teams in the state so if you want to get insurance coverage for your craniofacial abnormality you have to get approval from the ACPA approve team we only have one in the state and it's a children's hospital and one of the concerns that we've had with families is that for a lot of them they've had to wait quite a long time to get authorization from these actual teams and so to speed up the process and twenty twenty one this legislature enacted nine fifty five at nine fifty five substantially change craniofacial coverage and required insurance companies the only allow them two days to actually review and approve these authorizations and what happened was so we did we did add nine fifty five ACT nine fifty five requires the insurance commission to issue rules to implement the act that's why we're here today what is this rule to. To this rule establishes a form or creates a form an authorization for that provider sent to these teams to get authorization and the authorization has to be signed by surgical team member and Elling only one team member need to sign this authorization not everybody on the team and the commissioners view was trying to speed up these reviews and approvals and authorizations so families would get could insurance coverage for the services so one of the aspects of this rule that we've done is we've required the use of form it's attached as a as an appendix in front of your from this rule the other thing we've done this rule. Is requiring insurance companies to pay for evaluations by the team's the teams are really not highly motivated to valuations for outside services that they've got to authorize if they're not getting paid for it in so one of the things the commission wants to do to try to try to help speed up some of these delays is to motivate the teams to actually do these authorizations work quickly because they can get evaluations and fees paid for these evaluations by the health insurance companies so one of the things that this does it requires work for example Blue Cross blue shield to pay for evaluation stuck out a CPA teams and so we were hopeful that will motivate them to do more quicker job in reviewing these actual services that are needed. Are we did have a hearing on this this is controversial off try to explain the issue as I understand it but they're here we have people here to talk form against the rule we had to public comments basically Cozart prosthodontics is for the rule is is glad the rules provide a form an authorization to help speed up some of these authorizations miss Osborne is against the rule the dispute comes down to how do you get a referral to an outside provider from the team one view of it is is that the the the ACPA approve teams have to actually do the referrals outs for outside services they cannot originate they have to regenerate from the actual team member itself in the other view is that that outside providers providers you're not on a CPA approve teams can do services for patients as long as I get an authorization from the team itself that is the position of Commissioner side with we do not believe the commission did not believe that referrals for outside services have to regenerate initiate from the actual team itself so that's the best I understand controversy is over referrals and they'll be here to talk about that but that that's that's brief explanation of the rule. To be glad to answer any questions. All right members have any questions. R. Ramesh let me just get my mind around so make your make sure I'm right on something do you know how many team members are are on the team at children's fourteen fourteen yes. I have. You would like to see the property that's all right The Galveston documented okay. But there's fourteen team members on the team yes Sir okay. This role or the law. The legislation would allow any team member to approve a request from an outside provider anyone of those fourteen are not only surgical member of the team and out of the fourteen it looks like there proximally four five surgeons who are or who are authorized to do surgery okay. So. As it would be an outside provider could send to the team of which anyone of the four five surgery team members would be authorized to allow the outside provider to move forward is that is correct perfectly articulate yes okay and then as it is tell me as it is now before before the law was written to me how it is now as it is now the carriers required everybody on the team to sign the authorization okay so they all had to sign all right so which B. B. all four five would have to sign off okay all right Senator. Just. Definition between referral and authorization those are very distinctly different things. Can you elaborate on the definitions of what a referral is and what it authorization we we we did not provide separate definitions as to referral and then what a to separate different Asian authorization I think the discussion of which you're going to hear from the Ozark prosthodontics is that when they send an authorization form and to the team they're asking for a referral to them so is implicit in the authorization for services is requested they actually decide to use them for services so I agree with you that the rule does not have definitions of what a referral is or what a recommendation is been implicit in the actual authorization for services we believe or commission believed was a request for referral back to that provider. Correct follow up is. A referral is consistent with and medical practices so if you come to you know you come to your family practice physician they make a referral to somebody that can help you that is problem that is like an orthopedic surgeon right I need to refer you that's a referral. That's very very different than an authorization or prior authorization generally insurance carriers do not make referrals they make authorizations right I think I think in this instance though because the team has such a our role in coordinating care for these patients that the outside provider has to actually initially go to the actual team itself to get them to tell them it's okay for me to do the work so that that so it is a little different right okay gotcha thank you for the clarification. Representative vote you're are you are you one question not. Okay go ahead I was gonna ask you when you are asking yourself questions a minute ago it said that it had to all the team members had to sign off and now just one has to sign off did I hear that correctly the correct route it used to be that all of them had to sign off now that is not the case now it's just one surgical member that has to sign. Okay thank you. Any other questions. All right the same thing else for the moment no Mr okay the woman I shall do if you would just to take a seat to the side there and we're gonna call him up in the way in which they signed up to speak for or against this is a way which they were signed up on the sheet members going to start off first of all with a provider for which is grant I'm having trouble read the last name so Okay if you come on for please. And if you would to. By chance are you I'm taking get sure you Jonathan Hartley chance yes okay when you all sit down if you would that no understand your bill signed up separately on the sheet so you want to take your turn to speak for together. If if that was all all right Mr we were thinking I would speak first and then doctor heart had a couple comments log logs you know because or somebody signed up to speak against afterwards I just want to jail not to beat nobody be surprised if you want to speak together that's fine with me okay. Right so you'll go ahead present in your speak for Secretary on yes or if you all would please your your name in your title of who you represent and because I see a label on you sure if you're speaking in your individual past year if you're speaking on behalf of your group organization if you all would please thank you. Thank you Mr I'm grant Fortson I'm an attorney and I represent Cozart prosthodontics. and I'm speaking for the rule and what I would like to address is the the legal issues with the adoption of a rule and it's consistency with the long with ACT nine fifty five. I'll I'll try to be brief and not. We were done with anything Mr booth address but generally this law was passed in two thousand thirteen the craniofacial coverage law the antenna laws always been to provide insurance coverage for patients that have a craniofacial anomalies and so You know it's not a law regulating healthcare providers the way the services provided it's it's a law it's intended to increase coverage availability for patients. And in connection with that it requires that a health benefit plan provided coverage. For medically necessary services for persons that have a training facial anomaly and part of the statute is that those services have to be medically necessary and so what the statute does is says that the determination of the medical necessity will be made by a nationally accredited a team and as Mr rand noted the only team in Arkansas is that Arkansas children's hospital. So When ACT nine fifty five was adopted last year the Emergency Clause states that the intent legislature adopting it was to increase healthcare coverage for these patients and and doctor heart will address it briefly but because of various issues including the fact that Arkansas children's hospital is a children's hospital and many of these patients are not children I'll close the issue of compensation is Mr granted or us there's been a real bottle neck in the approval of services for these patients and so. I think at nine fifty five tried to address that an increased coverage as it says in at least four ways of one of those is to require plan administrators to respond to requests for pre authorization from providers that are with the team within a specified time it's a it's a it's a two working day time so directly that should certainly increase the availability of services statue also separately requires planning ministry to respond to requests for services authorization services from a provider who's not on the team because the the law is never limited the provision of the services to teens it's always contemplated that all kinds of providers provided services but. The gateway created was a determination of medical necessity by a team. Our third at nine fifty five specified that services to be performed by a provider who is not a member of a team can be recommended by a surgical member of the team and that's get senator issued Mr rand or US which is that previously and it in a road especially the past couple years plan administrator some took the position that they were going to pre authorize services unless every member of the children's team saw the patient. And that's problematic for number reasons one is it's difficult to get appointments to all the different providers and they didn't limit that requirement a Mister chair to the surgical members so we're talking about audiologist orthodontist I mean there's there's several members there's a pediatric neurosurgeon I mean many people that didn't need to see a patient who say has an oral issue related to a professional anomaly and so I think it's debatable whether that was a the right interpretation the statute but that's where it was being applied by the the plan administrator so specifying through at nine fifty five that a surgical member could recommend the services. Should help alleviate that problem and I think that was a goal of the statute and fort it authorizes teams in other states to authorize services and I I think as a body or legislation private further that our citizens be able to get this done in our state but again this is a provision that can hopefully increase availability because there are teams in other states I believe that rule one eleven is consistent with the legislative intent of act nine fifty five of increasing coverage and that everything it does is very consistent with the provisions of the law. The rule defines the undefined term surgical team member and I guess of for Mr honestly I've been a little bit confused about why this is so controversial but Mr Gramm trying to better the committee and You know I guess one of the issues It is how this this gets handled between the team and a provider who's not on the team. Surgical team member needed to be defined I. think defining undefined terms and statute is a classic role of of an administrative body like the department of insurance and and I would submit the definition that they've come up with is a reasonable one. the definition doesn't need to be limited because the statute doesn't limit it to a certain kind of surgical member or a board certified surgical member or only the director of the team because that's that's not what the statute says Secondly the rule provides an outline of how pre authorizations to be obtained from the insurance company by a team and a nineteen provider. And provides a standard way for the surgical team members with both mentioned through the form that's provided to recommend Services indeterminate their medically necessary and this is a good part of the rule is consistent with the act and and will prevent plan administrators from quibbling with of determinations of medical necessity when the president with pre authorization requests that's accompanied by this form. And finally the compensation that Mr Amidu's is definitely very important because there has been a bottleneck children's which doctor heart in address and hopefully the fact that they can get compensated will help with that and just on the issue of of how one gets a referral nothing in at nine fifty five or the statute amended by act nine fifty five requires this this process to originate with children's and I would submit that would be very very restrictive on the availability of care if it was interpreted that way because of there are a lot of adult patients as I mentioned and patients the age out of children's and children's isn't going to see them is not going to treat them and so you would basically close the door by considering in a way that required it to originate at the team because in Arkansas the team as a children's hospital And the final thing I would say is you know I think the chair's description of what might occur with respect to a a request be made to the team and a surgical member then providing the determination authorization is accurate I think you know one thing the statute doesn't do is regulate the team so you know the team still going to have a certain amount of control over that and and we're all gonna be at the team's mercy to come up with a way to process these requests and so with that I'd appreciate the committee's time I would. As to the doctor are thank you for your doctor heart would you mind taking a question was yes yes okay so let me ask you Our Kansans. Can go out of state in order to get authorization to have the surgical procedure by a provider that's not in the group is that correct they go out of state to get it now they can go to a team out of state yes tell us that yes do you know what the other states require all the team members to sign off or can one of the surgical team members do it on their own in other states or do you know what the percentage or how much. Split up out there. I do not know off hand but I would I would submit that if if an Arkansas citizen with a planned under Arkansas law is going to get that approval from the out of state team of that are provision would still determine what was needed to provide coverage so that still surgical member could. By the determination. So if we in the Arkansas said all the surgical team members have to sign off they go to another recognized entity out of state that entity out of state we would have jurisdiction as far as whether we would take their. Signatures are not no I don't think we have jurisdiction over over the entity okay that but I think our law would govern I plan that it applied to as to whether that planted to provide coverage which would mean whether the whether the carrier would cover the cost of riders or not right okay right to represent well yeah representative brown and then we're gonna go co chair thank you Mr chairman I have a question has there been. A a problem. With the team one team we have in Arkansas not taking time to do these evaluations simply because they're not going to be the ones doing the procedure there's no money involved for them is that the motivation for paying them to do these evaluations. I mean I would. People like to get paid. I agree I think you know I can't I can't say the. What their specific reasons or motivations are there has been a problem getting those reviews done and getting a response so that people can get care and so I do know there's been some discussion about the issue of that the. They can't bill for it and they can get paid for and so I do think that's that's what's been added and hopefully will help alleviate that problem. Thank you. A co chair each I just a quick. So that I understand when it when it says here any surgical member of the ACPA team does is that saying also that they are a surgeon. Or they don't have to be a surgeon if the part of the team. The of. I believe With the definition of surgical team member that the department has employed it means that they Either participate in surgery to alter the form and function of cranio facial tissue. I'm sorry row one a person who specializes in green facial anomaly reconstructive surgery or surgical member with records sent an equivalent experience and so You know I I guess it it. Depends on how we view the term secretary I don't I don't. If it's someone who has experience of if the issue is And and doctor might be able to better address that because I'm I'm not gonna be able to get into the medical issues related to it but I guess what I'm asking is like it would a an anesthesiologist be considered a surgical member of the team. I would not think so but I but I would think that There are some like a. A dentist perform surgery and if they had experience in dealing with that craniofacial anomaly that I think they would be a surgical member of the team thank you. It members forgo Senator Irvin I want to point out a should of but in your packet exhibit D. dot thirty nine has some information related to the subject matter from of individuals so you want to get that out look at if you have already Senator. I've just in response to chairman any questions sure go with surgery you know secretary as its default you don't have to be a certified surgeon to do surgery so. Family practice physicians perform surgeries you know there's different levels of surgeries so terminologies perform surgeries dentist perform surgeries so I think we have to that that that actually has come up as actually in cosmetic applications and procedures what is secretary defined as. And we actually have some level of nursing and nurses who are are in that room as well so it's. That's a very at. Kind of not clearly defined thank thank you. Doctor heart. He thank you Mr chairman thank you very much my name is Dr Jonathan Hart I'm a private practice process honest I've been here in Little Rock for thirteen years I treat patients of all ages ranging from two years old to ninety nine years old of all different complexities of. They think grant have really very nicely covered all the points I think that I intend to speak on today what I would like to do I think as may put a face to some of the things they're talking about it just give you feedback from my perspective as a provider of what these issues man on a day to day basis with Sandra that needs treatment and we're trying to figure out how to get her to the ACPA team so right now the way that the the one of the things that this rule does for us is it gives me a way to referred a patient to them because I'm not allowed to right now they have to wonder into Arkansas children's hospital go to the front desk find out who they're supposed to go to they have to make their own appointments we've tried to refer patients to them before we've got a response back that said no you can't refer a patient here they have to they have to come to us on their own which is putting a big burden on someone who already has a lot of things that they have to try to figure out so this rule would allow me to be able to write up a referral tell the doctors on the craniofacial team what might intended treatment plan is what our issues are we're I'm I'm even willing to go in and be there with the patient at these things to try to explain all this in right now without this rule I don't have a way to refer a patient there which doesn't make any sense we were talking about referrals and and all that kind of stuff early earlier it's common place for me to be able to refer a patient to a period on sister to a cardiologists or find cover something in my practice I need someone else's input as I do here I should be able to refer that patient there to happen the value wait them and in fast track and make it easier for this patient to find out where they're supposed to go and who they're supposed to see so we need a rule in place and this one covers that particular instance very well by giving me away to send patients there. the second thing that this rule does. Is it provides a way for me as provided to ask for written authorization to the insurer to confirm that coverage for this patient is is gonna happen so I'll do a pre authorization for treatment on any of my patients that were providing treatment on used utilizing their medical insurance which in this case this act would allow us to do I want to have that authorization in hand it gives my patients comfort to be able to do that right now without this rule that team at children's hospital the surgeon who is going to review this and sign off on this for the whole team is the one who has to request authorization for me to be able to provide page detriment to that patient which can't do someone else cannot provide cannot get a written prior authorization for treatment for me because I'm not in that Arkansas children's hospital system. One of the one of the things that I think we've all probably seen on the news your recently is that adult patients are being dismissed from children's hospital which there's a lot of different talk about why that's happening but there Dave a self acknowledged that they are not equipped to handle patients after the age of eighteen so craniofacial anomalies don't just happen and children they start in childhood at birth and they'll continue at all the way through adulthood. When I sit in my patient chair and one of my treatment rooms and I'm talking to a patient who has had this condition is from a low socioeconomic background doesn't have the money to pay for this treatment for themselves. Quite frankly I don't know if they could afford to take off work from their hourly job to get in a car to drive to Tulsa to go see a different a CPA team. I which is a long way away with gas and would it cost to to travel now That being an adult going to that system they're not gonna get treatment there anyway so as a as a private practice specialist out there I'm treating patients of all these different age ranges I'm not limited in the scope of what I can do and so I should be allowed to get authorization these patients as I needed that's technically how it's supposed to work anyway. We have had a history of attempting to refer patients to children's hospital that's about a year and a half old so there's currently we've submitted formally eight patients to the Arkansas children's hospital craniofacial team and have gotten zero of those cases reviewed not everyone. Not everyone in a year and a half we've got no response back from any of those patients that we sent over there we currently have a backlog of forty patients are sitting waiting to try to figure out what we're supposed to do so we have to have a rule in place so that we know what the rules of this game or what we're supposed to follow because right now they're alter restrictive and it's not even I mean there are things in here that aren't even technically correct. You know it at paying paying the ACPA team to review these patients for us when they're not gonna be providing treatment hopefully will kind of open up this backlog. you know I sat and listened to document his name was mentioned before about the incredible a bottle necked it's held he feels squarely on his shoulder he's a member of this of this team at children's hospital I the. Don't know quite honestly am just to be Frank if if paying them for a consultation or exam is going to fix that problem but it's incentive none the less people do want to get paid for the treatment that they're doing and if they're they're gonna spend that time evaluating these patients and hopefully that would free that up some in this role does provide an ability for them to do that. lastly just try to streamline this process it gives a form to the surgical team member to authorize propose services so having a patient referred out to me from children's hospital which has happened before it's a very long lengthy letter that that position has to sit down and write out in in this in this method of being able to refer patients back and forth it streamlines that process and simply gives them something that they can sign and all of us a road map of what we need to follow so that we can help these patients you know the eight that we've been waiting a year and a half to have your back from the forty at least that we've got sitting there in limbo right now waiting for some type role to be in place for this so I think this is a great place to start and we do need a role in place desperately. Thank you. Thank you take any questions. Okay question sure any questions from members. Okay thank you if you all just to step back to the seats and we have one signed up to speak against this one one Osborne thanks one or you want to come. Massage born if you would name and. For the record if you're representing yourself if you're representing a group please. Turning to master anything or is that the one you're good. I have I been told I have a loud voice I don't usually need a microphone okay. On what the lady line Osborne and I don't know why I said my middle name I never do that anyway I grew up in Ashdown Arkansas which is sixteen miles north of Texarkana. I was diagnosed at ten months with cranny on the top the still dysplasia as the sixteenth another court case in world history. All right my parents were told I would not live to be ten I would never walk. I think well pretty well. I can run to and I think I'm I'm going to I'm not a state under the fifty six on Sunday so Hey doctors don't know at all. I am the reason this bill for this law exist I started on it in February of two thousand I've been doing this for twenty two years so I try to reach out to several representatives and senators people are known to be used to play on my part alternates that I did for nine years to raise awareness about craniofacial anomalies that I couldn't get them to respond back to me. Hi ten so I'm going to start off with this I was listening to what our grant was saying in what Dr Hartley saying so I'm going to respond conduct in that and I know how Alan McLean feels it's on in response to what they said on behalf of Alan. I'm first off what is very important for you all to know there are thousands and thousands of craniofacial diagnoses not including multiple diagnoses and I'm diagnosed. And so that being said when you treat people with craniofacial anomalies. There is first off let me say there's two types of craniofacial anomalies syndromes and diseases anything that ends were displaying here out what might condition does is a disease so when you have a disease you're gonna live with that for the rest of your life and it's going to correct progressively get worse if you have the center on it's a static characteristics that grow with you doesn't consider the way you get worse now they're not to say that there are issues that happen because of these. Characteristics but it does it is not constantly on done like right now I think everyone in this room whether you're a medical doctor or not well I testify that someone's bones growing in their fifties like mine are still doing is not normal okay my bones are still growing in my head. And so I have very little room the price for the phone because a lot of pressure on all my cranial nerves there's twelve cranial facial nerves and everything else in my head so I am I and then all the other craniofacial anomalies whether they're syndromes or diseases are not easy to deterrent because when you treat us. You take one step forward and you take about five steps backwards. Because you do this if it other things no longer doing this. So. I have families I have heard in the hearing for and December tenth. And and just what the lawyer grant and Dr Hart said. People travel. All over for far distances. Okay growing up I travel two hours to Shreveport Louisiana. And then when I was in high school had to drive six hours to Houston Texas now I drive five hours to my doctor my craniofacial surgery who is world renowned. And been doing it for thirty plus years I have families in Vermont who drop all the way to Dallas I have a family in Alabama who drives all the way seeks to Seattle I have families that drive eight hours foreign Farmington New Mexico to Salt Lake City and I can go on and on and on and on and on okay based on the way to get it done another thing is there are craniofacial associations out there who I see this craniofacial patients being treated by craniofacial surgical team members with the lighting traveling and food Xcerra each different association has their own rules and regulations on what they how they how they do things. So a craniofacial team what is a craniofacial team okay craniofacial team is made up of various. Specialties plastic surgeons. Neurosurgeons. Orthodontist. I am by the way in the deal that it is in the field of dentistry orthodontists are the only one who have a subspecialty in craniofacial one because craniofacial orthodontist treat one hundred percent of all craniofacial cases. All the other dont just in the in the field of dentistry the specialist. Our navy treat used in two percent so prosthodontics will never ever ever ever never never be asked to join a craniofacial team because they don't have the experience the craniofacial training and experience. So I'm just so you don't know if any for those of you who don't know trust the Donatist. Thank you what people who do not have T.. Sometimes they may deal with T. M. J.. Craniofacial surgeons and you go out and ask people all over the world by the way one of my doctors is doctor call test CA the father of craniofacial anomalies who created the craniofacial specialty. He passed away in two thousand and eight in the two thousand and eight from Paris France. So the reason we even have craniofacial specialty is because a doctor process CA who's done several surgeries on me I've had surgeries my entire life okay. So. When when a patient goes to a craniofacial team bear with them for the time better for. Are you know in their first year of life. Until they inspire. And these are comprehensive quantitative surgeries we need quality comprehensive surgeries by people who are trained in craniofacial anomalies so I'm gonna just to bring in layman's terms are you gonna let your nurse neurosurgeon do your cardio vascular surgery all right would you trust a neurosurgery I know. To do your heart. What. Difference. So. so pretty official team. Thanks to gather. But those people are their own specialty they know everything in their area whether it's a craniofacial neurosurgery craniofacial plastic surgery craniofacial orthodontist craniofacial college what is now known as your nose and throat any other craniofacial surgical team member that's on that team. So that is why in my law nine fifty five at nine fifty five a two twenty one of twenty twenty one. Three sorry physician that re referred anything to an outside cranial thank that's a non craniofacial team member the reason they do that is because there are a lot of professions out there that are not craniofacial trying like audiologist speech therapy physical therapy occupational therapy. I just completely fine Missy what is your dad I orthopedic orthopedic any other thing okay they don't have the training so that referring physician thank you I'm sure ACT nine fifty five I don't know why Ozark press the don't they send their lawyer wants to rewrite my law I mean they even sat here on this table telling I think they're not even in a low this one with yes you would you kind of narrow it down because I'm trying I'm trying to lay off this is this is the only time I can talk to you also you're gonna listen to me well I'm staying. Sitting there saying that not a law. Not all law that got me work on the twenty two years. What referrals. Reason we put it in there last year is that the referring to member. We put in the prior authorization transparency act in this to speed up how the claim for a spot held by everybody. To speed that up and get that going because yes thank you for not getting done in a timely manner. The craniofacial team at children's hospital is not been so fragmented it is not the state of the art craniofacial team. So what does all this art process done is what you think you can go to any team in the United States of America including Hawaii. That is a CPA approved. And yes our carriers are mandated by law to cover that and when they re referred somebody outside the craniofacial community then according to the prior authorization. Transparency Act they have. Forty eight hours to get back the non craniofacial medical provider to get back with the craniofacial. Doctor who reap recommended this procedure not any doctor on the team. That when you restart it okay. That you need to do the intent of my law is to protect craniofacial craniofacial patience four nine craniofacial nautical providers. That is very important to me I've had people with who was very well intentioned who had screwed me up and I had to live with pain pretty much on a daily basis because these well intentioned doctors did not know what they were doing. That's why everything has to start with at nine fifty five it was a craniofacial surgical team member. Protecting the craniofacial patient. Is the ultimate goal here this is a craniofacial Law it is not a prosthodontics Law it is not in the don is low it is not orthopedic law it is not a periodontist Law it is not any other law is set craniofacial so you need to go to the craniofacial specialists who spend all their time training. Your face on on a lease and by the way my doctor in Dallas approves of the rule that the reason I wrote on for six months and six months and the law. And he's older now. Okay so I'm going to go through what I need to tell you also when you're dealing with a craniofacial team you stay with them for a long time and doctor hearts correct some of them stay from babies until maybe early adulthood but when you have and that's what people who had syndrome that when you have a disease like me you have to go until god calls me home or wearing that person expires. And I had major surgery in two thousand and seventeen I want to explain this because not phone for growing so much that I was having constant migraines. And lost the quality of life so I went in I thought I contacted my doctor said Hey told what was going on he said okay I need you to get a current cat scan with contrast this one when I'm going to say this sorry No Way we haven't had surgery please when they got in there my phone had grown so much that he grown inside my brain. Miss one when I've got some members want to issue question I know that that I'm going to run it because I don't listen to me on any other way. Correct. So here's the second I'm not going to stop talking I'm going to finish this call so I'm going to and. Another one on here okay so craniofacial team I told you about the specialists that are on the Steens they are specialist on that team. In their area field of areas of subject. Okay. So Allen has violated the legislative intent I told you what the legislative intent is Allen has violated that by stripping away taking the referral system out. Because there's they're all everybody to do surgeries like new features ask are adding look up everybody to do surgeries just about anybody can do surgeries. So putting in this. That protect the craniofacial patient. Allen has violated my law so I'm going to tell you where he's violated my law okay fine Allen's rule. He violates not law Page three line six three eleven lines twenty through twenty five lines nine through fourteen. In on page six of Allen's law rule he violates not law Page three lines ten through fourteen and lines twenty three thirty. And on page seven of Allen's Law he violates. My my law Page three lines twenty six through thirty. It. Prior authorization transparency initiative. In section ACA twenty three ninety nine eleven oh one through eleven nineteen. Allen has re worded that law that we put into my law. This is all purposes Allen does not agree with my law so he wrote the rule that he did in the way that he did. Do you have any questions. Since you're all talking and not listening. When when here's the here's what chair's decided. I've got two members want to ask you questions I'm a let them ask you questions and then we're going to be done because you've made your point and we need to move on so more recognized representative brown ask your questions please and their representatives the option. Thank you Mr chair miss when the line. You certainly have my sympathy and I'm much sympathetic card to your concerns. But my question to you this is this law not a good start is this not a good place to start to help some people. I'm sorry what no disrespect but you've not been listening. Okay I'm working on this for twenty two years I have had craniofacial doll I recognize me when someone we need thank you Mr chair okay thank you Mike Mike I don't have a question my motion I have a motion to end debate all right we have a motion to end debate. All in favor say aye. A post debate is ended thank you miss one to one will move on without objection this role will be reviewed and approved any objection. Is reviewed and approved thank you. Thank you miss one one. Members run a push on I think. We get day presenters for the next one up we can We can get finished Department health Arkansas State Medical Board please. And if you would please be brief your comments thank you. Hello I'm a member and director of the state medical board McGill more for health. This is an amendment to rule forty two the board is putting for due to legislation from two thousand twenty one this is to amend rules for all the changes in act one thirty five regarding military and veterans licensure this is expedited licensure anybody have any questions. The objection rules reviewed. Thank you thank you I'll. Four labour licensing. Good morning afternoon name and title for the record please a great grown up minister Arkansas contractors licensing board please proceed we have rules for both on the military licensing this is the first. Our review of them are from of the residential commercial borders expedited licensing with giving a temporary license immediately upon even a partial application to someone who's got a license in another state. The members have any questions. Without objection rules reviewed be exact same thing just on the commercial side as far as the residential side. A members have any questions. Without objection the rule is reviewed thank you thank you Sir. Department of public safety division state police. Afternoon if you would please name title for the record thank you Mr chairman John Shipley turning for a GPS. Linsey Williams I'm a major with state police and commander the regulatory division I lead you have to use your commander voice pulled my closer second here. Linsey Williams thank you state police and commander the regulatory division thank you yes Sir Mike Moyer captain in the regulatory official state police thank you which all of please present and you don't have to be long your comments please thank you all right this is to bring all the rules of the state police for licensing and regulation of private investigators private security agencies alarm system companies polygraph examiners invoice stressful analysis examiners into compliance center ACT seven forty six of twenty twenty one ACT one thirty five of twenty twenty one ACT seven twenty five of twenty twenty one and we added a couple of approved additionally approved qualification classes to make it easier for our people applying for these license to you to find the classes to meet the requirements. We have to take any questions any questions members. Of the questions and without objections rules review to be placed. The second set of rules comes from the use motor vehicle dealer licensing and these are rules were to bring in compliance with that seven twenty five of twenty twenty one and act one thirty five of twenty twenty one. Any questions members. Without question without objection this rule is reviewed thank you all for being here waiting so long thank you thank you thank you our members less saying on the agenda is the next item. Okay the next item on the agenda will be the February March and April monthly written updates percent attack five ninety five twenty twenty one as you recall these are agency updates regarding the statutes of the rulemaking implementing twenty twenty one register legislation anybody have any questions. No objection we will file February March and April updates and members can't first year of the chairs appreciation for you all hang in there today and with no other business for the committee we are adjourned.