ALC-Administrative Rules

Four members and guests in the audience thank you for being here this morning sure she's a quorum will go ahead and get started. First item on the agenda of the reports of the executive subcommittee you have one report from the executive subcommittee in your packet regarding its approval for an emergency rule since our last meeting take a motion to adopt this report that is going to be exhibit. B. in your package if you haven't had a chance to see it And if I get a motion to adopt the report. Motion second. A second any questions. All favor say aye opposed thank you. A we need to have the state board of physical therapy president ACT nine thirty two of twenty twenty one we're gonna have a report from them which is required by this act and will someone from the agency please come forward introduce up for the record and present your report. Hi I'm Nancy were then the director of the physical therapy for. Mr McLemore department health good morning hello go ahead presents report please yes Mister chair the report you have in front of you is due to the occupational licensing review committee from last year the physical therapy before came in and presented there was some questions about the fees the board and that process reduce some other fees and then provide of the report due to the act that was passed last session so provide a break down of the fees what they cut on top of the compact and then also they provide us information that surrounding states so have you take any questions you might have on the. The questions from the members. Okay by cutting the fees are anticipating time in the future after back raised up in order to sustain the demands on the agency I don't think so with transformation and some of the things we're doing with the boards and commissions and then In some of the savings were seeing with that in law and locations and things like that I think were will be okay hopefully K. A. questions from committee members. Without objection then this report will be reviewed the file thank you all for being here thank you Mr thank you thank you. Right next on the agenda The agency rules. We could get to. Like Parma commerce will be first up this morning. And Health would please to the table and. Name and title introduce yourself please. When a member's trolls live for general counsel for Arkansas rehabilitation services. Morning low deputy commissioner Christian if you push that button there please ma'am and re introduce yourself and leave it read it'll be hot then good morning Christy llamas deputy commissioner Arkansas rehabilitation services thank you go ahead receipt. Thank you Sir these are to rules for programs that rehabilitation services administers forgiveness is student loans which is recruitment retention tool for employees and then the telecommunications access program which does a free or low cost telephone equipment for people with disabilities in the past session we saw statutory changes for the laws that regulate these a programs and so the rule is simply reflect those changes forgiveness is student loans we expanded eligibility to any full time employee rather than just people who have a position of counselor working for the agency and then the tap program telecommunications access program made some technical changes in the rules reflect those particularly with end of year accounting procedures. Okay Christian saying that. Thank you okay a questions remembers. Without objection this rule is reviewed and approved thank you all for being here this morning and you will be. that may be right so I did both a and B. at once okay yeah. Okay thank you thank you thank you any questions about that members. Without objection rule be reviewed and approved that. Thank you next we have the proper correction Arkansas sensing. Morning I'm Tony role not Lindsey Wallace as is on the program I'm the director of the sentencing commission you all see this rule after each legislative session effectively what the sentencing commission does is takes new acts any created or modified legislation and ranks them the first page of the rule is there's no changes on it just kind of shows what those seriousness rankings mean in the grid we made one small policy change it was really just combining the minimum sentences and felony DWI and I'm here if you have any questions. The questions from committee members. All right there with the objections rule be reviewed and approved thank you thank you. Going on the three the Department health social worker licensing board. Good morning I'm ready bank director of the social work licensing board. Mr McLemore partner health. One twenty five Richey represent. Yes Sir at each one of the roles that we have proposed there's four separate rules and I believe you have a copy of a mon seven through ten each role is the change in regards to law changes that were. Required in the last session and it's just a matter of changing some wording in updating according to the laws that were passed this previous sessions. And I'd be happy to answer any questions that you may have. The questions from committee members. The objection the rule is reviewed approved thank you all for being here it's more like you thank you Mr. Right State Highway Commission. Your Rogers Arkansas department transportation Arkansas highway commission for your. These changes were necessitated by legislation passed in the twenty twenty one general session all the policy that's included in the changes to the rules came out of this body there were no policy changes implemented by the commission of the department essentially this removes the requirement that this be a pilot program in which you went from a pilot program in twenty nineteen into a regular commercial regulation of autonomous vehicles and it removes the limit of no more than three vehicles at one time by any particular permittee that's essentially the changes that were made in the legislation and those are adopted in the rule. All right got some questions represent Wardlaw. Thank you Mr. We were supposed to have a rule this month for the overweight little boys where where is that rule and what's the status of it we're continue to draft the rules on the weight low boards there's a of trying to make sure that they comply with with what we have in the federal regulations in the existing rules and merge those with what's going on with the overweight longboards what what is the status when you think it's coming to rules coming in January February yes or it should be January although I wasn't aware there was a deadline of this month. The drugs was busted permits available first of the year that was the that was the plan all right well also you're not going to have available first year when you think departments of the available now the rule comes in January. Well it depends on whether we can get to the rule during the fiscal session because we won't have of of rules subcommittee meeting during the fiscal session. So it wouldn't be until after the fiscal session. Okay January is before the fiscal session you said January while ago what we January is when the rule will be for scanner story straight no that was when the rule will be finished we still have to go through the public comment period has to be approved by the commission has to be reviewed by the so you think in June July for the rule of may at the earliest. Thank you Mr. Represent Wardlaw was within the legislation was to be done by the end of the year. Sturch women. Go ahead their testimony in committee during session wasn't the way it apartments available by January from from his testimony today we won't have permits available till mid year next year. I just prolongs the spokesman or move their equipment in an efficient manner the whole purpose in a permit was that these guys could do it in a legal matter. Okay. Senator Rice. You is are you aware of any states that have. I'm going to say backed up for many of the. I'll tell miss the vehicle. Rules that they put in place. No Sir I think they're all changing constantly because the technology and requirements and what we know about it is involving realizes surviving and moving forward you know if anybody knows backed up on restrictions no Sir okay thank you. Any other questions. The without objection. This will be reviewed approved McGill can you hang around for a second before you leave not at the table necessarily but just in the in the room please yes okay. All right moving on to five form Human Services divisions. Introduced for a record please thank Mister one more quite warm Human Services okay under this one we've got one so if you would. Yes Mister in this is for the Division of age and don't have a whole services an expression about to give is going to apply to several other rules on the agenda today you may recall that earlier in the year we implemented some temporary flexibilities and rule changes to reflect the necessities of the code nineteen pandemic of these things allow providers give them more flexibility in responding make sure that they can continue to their operations as well as that we can do with our operations internally despite the various challenges posed by the pandemic we run this rule earlier in the year and it's time we put in we want to be temporary so we included an expiration date of December thirty one what's happened is the federal government has extended the federal public health emergency again all right now is scheduled to go through at least March of next year so what we're doing is worst extending these flexibilities to coincide with that federal public health emergency and so this rule continue until then and once the federal public health emergency and this rule go away and we had some I feedback from members and public health on Monday so we amended it so it gives this rule expire at the earlier of the end of the federal public health emergency or next December and if I can't imagine it will still be a health emergency by that time but if we are we'll come back to you all after commission to extend it would that be happy to answer questions let me let me just role play something out so let's say that the Federal Emergency ends first next year sometime March April somewhere in that range and then we've got this is says we're going to do away the end of the year but let's say September October they come back initiate another one would would this have the ability to override that secondary wonders is just pertaining to the existing one we have only to only retain the existing one survey declared a new one we will come back with a new rule that point if there's some flexibility there and. Age at that time okay. A questions from committee members. Without objection this rule be reviewed and approved thank you. In Europe for the next one. Yes Mister chairman and the very front Franklin's going join me for these next three. Good morning merry Franklin with Division of County operations with department of Human Services. Our first rule is related right would you mind for a moment just hugging that Mike a little bit so we can hear a little better for me please shores this better that's better thank you. Our first rule is related to changes in R. T. policy the transitional employment assistance program in it is clarifying in the role that a well let me just back up a little bit and explain part of the application process for transitional employment assistance requires an eligibility interview with the case worker and the clarification in this rule is that that interview is not required to be face to face it can be by telephone but that does not mean those who request and wish to have face to face interviews will not be able to have face to face will still offer both the other of part of that rule is to remove some business processes that instruct case workers about how to actually approve those applications since that's not rule was cleaning up. And removing that from the actual world. I'll be happy to take any questions any questions from committee members. The objections rules reviewed and approved. Okay the second rule is around is is involved the snap program supplemental nutrition assistance program and this rule is clarifying Rules around the expedited application process the snap regulations require us to use an expedited process for households who have less than a hundred and fifty a month in income between income and any cash resources they may have they are expecting less than a hundred and fifty in a month or they have shelter expenses rent utilities that are going to exceed the income they're expecting for the month then we use an expedited process which means that all the things we would normally verify in a snap eligibility interview we postponed so that we can issue benefits right away this policy clarifies that although we may we are doing expedited processing that we should make every effort to obtain the verification that we need in order to certify the household for longer than one or two months as would be required for expedited and so this this is just making that clear in the rule and I'll be glad to take any questions. A questions from committee members. There without this reports reviewed and filed. C.. I thank Mr in this next rule this is the rule to update our elige Medicaid eligibility rules for the our home program or measure call our home is the next generation of Medicaid expansion taking place of Arkansas Works there were some changes made right eligibility the most significant a substantive change in this rule were is relates to a retroactive eligibility internal Medicaid an individual can receive retroactive coverage up to ninety days before the date of application before one things that at the U. all include in the legislation was that we seek permission from CMS to shorten that to thirty days for our home clients and so we're still waiting for CMS approval of the waiver were expected any day now the CMS has told us they will prove that shortening of the retroactive eligibility period so that's the main substantive change in this rule we have other stylistic and other just clarifying changes just reflect the change of name and those of the changes relate to the ship from Arkansas Works to our home and that be happy to answer any questions okay a good question that Make sure I heard what you said right so these changes are going to allow. For retroactive payment back to ninety days that's from the time that they are approved for Medicaid or re replay that again please it'll shorten the time back to thirty days so an individual if they apply for our home they will be able to get coverage for like for example if they go to the hospital go to the ER they're in hospital for a few days the hospital may help them get approved and and those bills can be reimbursed up to thirty days before the application date but we're shortage thirty days because ordinarily in Medicaid it goes up to ninety days prior. What's the rationale behind shorten it from ninety to thirty. Rationale is to encourage folks to treat this more like health insurance and help them understand because as you all know when for for individuals who use private health insurance there is no right right right directed coverage and so we want to encourage people to be proactive to make sure that they have coverage in place rather than just waiting for something to happen and so this just helps encourage that personal spots building accountability and does that. Does that tie into DHS determining if the individual is eligible for Medicaid services. I don't have anything to do with each other it does not it's a it's the retract coverage begins from there date of application so regardless of how long it may take us to process the application is still thirty days before the date of application right which leads me this question maybe I'm I'm all financial straightening out. What's the turnaround time for DHS to approve Medicaid applications because where I'm where I'm going to maybe I'm wrong is if you guys are to later backed up and getting Medicaid applications approved because I understand so that deals with family not getting information in but so that maybe staffing on you all Xander turned over and those things are under your will house if if you all can't get them turned around in a timely manner then who's going to be hurting because they've done their part but shall have done years as far as getting turned around I'm in terms of retrofit application retract retract eligibility it be that provider so you for example to go to hospital go to the ER and it takes us no sixty days instead of forty five days to process that our application that means a hospital just going longer without payment to the services in those thirty days preceding application K. A. questions from members. The objections rules reviewed but wayment. Well Senate I represent Dotson. Thank you Mr chair just quick question if I understood you correctly you're saying date of application is day one you can take forty five to sixty days potentially or longer to approve that so they forty five day sixty but work we're going back negative thirty days before that so if if they had whatever they they can wait until they go to the hospital and have some sort of diagnosis or event and the hospital can treat them thirty days they apply sixty days the hospital might wait ninety days for reimbursement before but they're going to be covered that entire time thirty days preceding And so they don't have to get coverage until. Until they've had a life of an. So. Yes representative Dotson even if someone applies on March first even if it takes us until may to approve it if they requested retroactive coverage prior to the date of application they'll be able to get that retroactive coverage for the month of February in that example if they applied on March first even if we don't get it approved until may the only carry on I will give is they have to be eligible for the. For the pro would have Ridge in order right to right as it is without this rule though it currently goes back ninety days so if you go back to much. Three months before December I guess all right thank you. All right any other questions members. Unsexy without objection this rule is reviewed and approved a local that clarify six B. that also without objection this rule is reviewed and approved. Okay thank you. Our market. Are these the next items I'll have a list of stone join me. Thank you if you're still a room on you can go a leave if you need to if you want any other business on the agenda thank you. Our. Go ahead leave if you want to if if you don't have any other business thank you for waiting thank you R. marker. Melissa go ahead okay I think Senator Melissa stone division director for developmental disabilities act Department of Human Services. Senate today and before you as a role on occupational therapy speech therapy and physical therapy it looks I'm bigger than it is because we did a complete rewrite of the manual but what we did was we re organized it so it made more sense on where things were located we added in hyperlinks for things like codes and evaluation so they can easily be updated if I need testing M. tool comes out which they often do we updated some and retrospective and review language to make it consistent with other Medicaid programs and we made permanent a rule that we put in place during the pandemic which was we allow and tele therapy FOR OCPD speech and so it's not permanently and that therapy manual we worked with and a group of therapists that we work on all of our therapy rules with and there in support of this role I'm happy to answer any questions the questions from members. Without objection this rule is reviewed and approved. B. R. in the next item good expression over on the covered response rule for Division facial payroll services is the same type of rule for division of developmental disabilities services these are flexibility is another obvious really that code pandemic and again we're extending this and till the end of the federal public health emergency or the in the next December whichever comes first of the one separate change here is that we have allowed certain clinic providers charge Medicaid for well checks this was a time when the clients could not or would not come to those clinics physically back on the and it first started they're not going to those clinics so that is the long answers we are removing that from the rule but the remaining pieces first extending again as set until the end of the federal public health agency and we have it hence any questions from members. I thought objections rule is reviewed and approved thank you. Right Mr Pittman. Good morning Elizabeth Pittman with the Division of Medical Services or go ahead mark. March this first rule this relates to an outpatient acute crisis units this is the ability for hospitals to provide some payroll services for individuals who are in process and need need someplace to go Q. cross use that includes the crisis stabilization units this is the way that they're able to bill Medicaid we brought a rule to you earlier in the year that allows hospitals to set up these acute cross Eunice and this rule is another part of that effort it rises one changes to allow for that also includes a higher rate and course that will benefit those foresee issues as well because this will give them increased revenue for Medicaid for their operation will that be happy to answer questions. Do you know what the how many are actually utilizing the facilities to have those numbers off the top you have by chance or I don't we are getting those election numbers I saw a draft of those in my in box and so I think we get those to you if not today then certainly by tomorrow morning if you will not get them and sentiments Jessica so she consent amount to the Committee place so we have that for Friday certainly we will do that okay any questions from committee members. For the objection rules reviewed and approved. Our next rule this is a very link the rule but this is also the role of the least amount of substantive changes a couple years ago you all change the Mr procedures act provide that Medicaid procedure codes don't have to be promulgated and the reason for that was the procedure codes change on a regular basis and increased real delays with a new procedure code come out with a change of procedure code and providers would build a bill for it to we've gone through the promulgation process to adopt that so since your change that we have stopped a problem getting new procedure codes what we've done here is we've gone back through the existing promulgated manual and worst removing all those procedure codes and replace it with a link to our website or will list the procedure codes that are available in this mean that we can update those codes on an ongoing basis and give providers fortunately they need to bill as new could do codes come out we get that much quicker and be more responsive to providers for that as I said no substantive change just pulling those pieces out of the promulgated rule to replace it with that link to the website and with that be happy to answer questions and questions from members. Subject to the rule is reviewed and approved. Our next rule this is implementing ACT seven sixty four this is an act that you all past that provides that federal qualified health centers rescue agencies gives them the ability to bill for services provided by certain behavioral health clinicians date ask for this because there's limitations on what they can bill for previously this does not expand the the services they can provide necessarily and I resumption as there's no concerns in the comments around this might give a leg up over other types of ever health providers and that is not the case the issue this referred to there those are rules that relate to Medicare payments and when someone has to look to Medicare for payment before they looked Medicaid that will continue to apply to a few agencies just as it does to the other providers but as that is just implementing that act in that penitentiary questions and questions from committee members. Members just a housekeeping note there was no one signed up for against any of these bills and that's reason I'm not doing that every bill just nobody signed up to speak for against any of these bills. Today. All right a question. Without objection road reviewed and approved the pharmacy. The end this rule this is enacting ACT seven fifty eight from the session in for most fee for service Medicaid clients we have a limitation of place they get a maximum of three medication prescriptions some cases they can ask for more your past of the act that increases that the six and so we're implementing that act also in line with what the act directed Ross identifying certain maintenance medications that are not subject that limit so things like high cholesterol medication those are things that can be gotten without and without infringing on that six medication limit L. that be happy to answer questions questions from members. The objections rules reviewed and approved the. He is implementing I'm good morning is implementing two ACT seven sixty seven and eight twenty nine around telemedicine these are to allow patients who are and in their home to receive services while in their home and also to permanently allow for telephone services when it is clinically appropriate allowed under the scope of practice these flexibilities were started during that public health emergency and they were continued as part of our extension manual and made permanent through that act in so this is just the rule to make those permanent happy to answer any questions and questions from members. That objection rules reviewed and approved it F.. And this item again as discussed earlier this is the code response manual this time for Division of Medical Services again worst extending these flexibilities for providers of the agency through the end of the federal public health emergency or the end of December whichever comes first and that we have to answer questions and questions from members. Without objection is rules reviewed and approved J.. This rule is implementing ACT six forty three from the session that act directed Medicaid to provide coverage for continuous glucose monitors and pay Medicare rates for them and so we we worked with the the industry to come up with some provisions run how that would work and this just implementing that act you have to answering questions there's some discussion around this one I think as to whether or not the monitors were classified as durable medical equipment or fall into the pharmacy would you talk about that a second please sure so we we ordinarily this type of equipment we do not handle in the pharmacy program and there was a suggestion that we look at including as part of pharmacy I think we're certainly open that conversation but. Taking that step that opens potentially opens up for the program to other types of durable medical equipment so we think it's a broader question and just looked at CGM's and so what we did we would not be better to go ahead get this rule in place of the CGM's are covered so that there's not a delay there and we can continue our conversations about doesn't make sense also provide coverage on the pharmacy side and then one other element of that is if we were to put on the pharmacy side that would require some extensive system changes which again would have created a time delay and we don't want delay coverage for these devices under the act. Are the devices currently covered under the door durable medical equipment or the covered under the pharmacy where they currently covered durable medical equipment okay benefit okay so we're not really switching from one to the other what historically has been dealt with in that conversation can continue in the future to rising marches best okay all right any questions. The objections rules reviewed and approved thank H. as been removed that right thank you Mr all right. Thank you. All right nine. H.. Agenda. To see the. Okay go ahead sorry. The morning Martinez Smith director for the Division of provider services and quality assurance. So this first rule of this is implementing ACT seven fifteen of twenty twenty one that act changed how we measure and enforce staffing requirements for skilled nursing facilities nursing facilities we had put together emergency rule to implement this earlier in the year and that was proven sex subcommittee was before today is simply the same as that emergency rule to keep the same measures in place for these nursing facilities we are working with the industry also additional changes around staffing we thought it makes sense because aids is they just started reporting on the new requirements without it makes sense to allow for a couple months for facilities to report look and see what issues may come up with problems they might have a confusion there may be and that way we can make sure that in the final version the rule we do here a few months we can account for any of those things that we encounter based on experience so that's the plan but as I said this is especially given the same rules in place for the topping no that have answering questions the questions members. Just this just applies nursing home does that apply to that that would incorporate the Arkansas Health Service center Haskell they fall under the same criteria that a okay what about assisted living do they fall under this current year they're treated separately they're very separately okay all right any any questions remembers. Then without objection rules reviewed and approved. B.. N. B. this isn't set of rules to and implement acts one thirty five and seven forty six ACT seven forty six was not question licensure rule related individuals who have green cards and then ACT one thirty five was occupational licensure rule that relates to members of the military and their families and so we just have one occupational losses that we issue which is the CNA license and we're stepping those acts as relates to CNA's. And with that be happy to answer questions and questions from members. Without objection the rules reviewed and approved C.. And see this is same song fourth verse the code response manual for the vision writer services and quality assurance again just fill those flexibilities related covid that will continue through the end of the federal public health emergency or the end of December whichever comes first. It would have had to answer questions and questions from members. Without objection rules reviewed and approved. Thanks chairman thank members thank you. Are going on to department public safety state crime lab. Morning still would there do so for the record please. Morning. I'll records that crime let current if you push that in and what to read there you go not good karma channel director state crime lab. City Maran assistant director of the crime lab okay no one present this is ten A. on page eighty one. It's so odd this is a pursuant to Act three sixty the student loan forgiveness for forensic pathologist and intent of this program is to offer tuition reimbursement to us successful applicant that comes to work for the crime laboratory the go through the first year probation and they'll be eligible for payment after their second year and the whole intent is to actively recruit of these young professionals that come out of schools with over three hundred thousand dollars student debt. The maximum amount that they can receive is a hundred thousand dollars and the good thing about this it's revenue neutral so it's the during this course we never asked for any additional funding. The questions remain members. Any indicators or this is helping recruiter not yet too early in the game no absolutely it's it's been very successful we're actually at this point fully staffed we've got one that's not on board yet that we made an official offer to before it would take two years to get up and someone on the hook and now with we have a position they're calling us to very successful great. All right any questions. They're without objection rule is reviewed approved thank you all for being here. Eleven part public safety crime victim. Morning good morning Amanda Yarborough attorney for the department of public safety. Good morning limit paramount administrator for the Arkansas crime victims reparations Board we have presented a comprehensive rule change packet of the Arkansas crime victims reparations voice rules these were submitted at the last session and basically it also includes some technical corrections and so on have any questions may I be happy to answer phones all right members have any questions. The objection rules reviewed approved thank you all for being here is more thank you. Of next is thirteen. Permit public safety division go ahead please. Yes Sir and I will have Brad king with me the deputy director for the division of law enforcement standards and training this is a comprehensive rule change package that incorporates changes from the two thousand twenty one session it also incorporates changes from the governor's task force to advance law enforcement and then other technical corrections and with that be happy to answer any questions any questions from committee members. Without objection rules reviewed and approved thank you all for being here. We're under thirteen. Our transformation church services. Good morning mistrust you've legal counsel for the department of transformation insured services in the interest of brevity FOR a through F. my explanations the same which is these are all standards that live in the I. S. the only applies to state entities and and our state department so they don't really meet the definition of a rule which is why repealing them they mostly deal with domain names and websites and things like that that are all internal to be S. K. A. questions members. Without objection I would batch these because of the explanation that's given we condemn all one time I won't pause for a minute is there an objection would anybody like any of them single out for questions. They're without objection rules thirteen A. through F. are reviewed and approved. Thank you. And we got the next one. Fourteen a. Me again. So this is for TSS OPM this is our grievance policy it used to be a rule Act ten fifty four of two thousand nineteen amended that statute that affected the grievance process it eliminated the language that required us to promulgate rules we've implemented the new law in the process through through our policy and this is just cleaning that up and repealing this rule. Any any questions from members. Without objection the rule is reviewed and approved. And yet one more. This last one for us this is for us state procurement this was ACT four eighty seven of twenty twenty one is amended the rule the tracks or an amended the rule for the time period for the submission of protests it just clarified that language so people knew when that fourteen day period started and when it within our rule tracks the language in the law. A question for members. Without objection rules reviewed and approved thank you for being here today. All right members on. Agenda item the we have some roles recommending expedited process for procedure for occupational licensure of the uniformed service members veterans and their spouses percent ACT one thirty five of twenty twenty one this is the preliminary review prior to the public comment period the rules will return to the subcommittee for review and approval after the public comment period expires and like get somebody from the agency common interview shelf record explains explained the proposed rules will start off with the department of health please. Sorry Department arson. Morning title and name and title for the record please. Good morning David Dawson general counsel for the border nursing and members I'm sorry to a member shall should have a mark a copy in your packet if you haven't seen or funding right to please see Tucker director of the board of nursing S. the chairman said these rules are result of act one thirty five the ones that are before you. We have gone down the half of an expedited licensure because we require criminal background check state and federal prior to licensure ever in two thousand nineteen we did add to the rule that we issued temporary permits within twenty four hours of the application being submitted and so we can get them working very fast. Okay. Representative and and we've got four in front of us so that you is that your explanation for all four of them yes okay so members will not do without objection open up to questions just identify which one you've got questions on if that applies to all in having heard the explanation or if there's a specific one and then we'll go from there representative Dotson. Thank you Mr I believe this is a lease on a and B. I'm not sure if it's on security but that the name change. Former it's toward the The back of the package I think on page two dash thirteen of a where it says The shall I guess previously it it it said it it shall be issued a replacement license following submission of a name change request form. And now it says they shall submit but it doesn't say it should be issued we no longer issue paper licenses everything is electronic so once they've made the request is just automatically updated in the system in there correct okay thank you. For any other questions from members. Can you just speak to the overall impact the this is had or is having as far as because these are critical need areas. To the interest level in these areas are we are we seeing up to occur is that help in the process of getting them out there or can speak to that just for second. I haven't really noticed any change because we've always gotten our temper apartments out within twenty four hours it's just an easy thing to do so and before two thousand and nineteen we didn't track military we don't have the ability so we are seeing more military but it's before we contract okay. Any questions from members. And this these will level out for public comment and once they get through the public comment they're gonna come back before us for the file correct yes Sir okay any other questions. Without objection from a members all batch a through D. and do it all as one anybody have any objection to doing that. They're without objection the rule is reviewed that would be for the one H. Rudy. Thank thank you Committee thank you. All right Board pharmacy. Twenty name title for the record please thank you Mr chairman is John currently I'm the director of the Arkansas state board of pharmacy okay got that in front of you rule one this has some updated changes from act one thirty five while the board pharmacy has done expedited licensure for pharmacists for many years we did need to update some language including the postponement of any expiration dates or see requirements I'd be glad to answer any questions you have. The questions from committee members. Without objection rule is reviewed in thank you Sir. And part of labor licensing. Yes. One name and title for a record please. Good morning I'm heather Richardson I'm the director of the Arkansas state board of licensure for professional engineers and professional surveyors. Okay go ahead. The Arkansas State Board of what's your professionals engineers and professional surveyors is seeking initial legislative review pursuant to act one thirty five of twenty twenty one occupational licensing of uniformed service members on September first twenty twenty the board promulgated rules for expedited engineering and surveying licensure for military personnel and their spouses in accordance to act eight twenty of two thousand nineteen. The board is currently proposing to clarify that an engineer intern professional engineer and the surveyor and turned licenses will be automatically awarded to reciprocity applicants to comply with the rule. R. as the professional surveyor reciprocity applicant licensure be expedited due to the requirement of passing the Arkansas state specific survey exam. The proposed amendment clarifies the role to include uniform service member uniformed services and uniforms Service veteran. You have any questions. Any questions from committee members. Then without objections rule is reviewed thank you for being here today thank you M. members just catchers a question regarding items T. one through three of they are reviewed only not reviewed and approved because they've got to go back through the process and then they'll come back to us so. Just wanna make that distinction for those members of the audience or legislature on the item if. There's a letter in your packet the next item on the agenda is from the department of agriculture Arkansas bureau standards regarding status update records for that five seventeen two thousand nineteen you have a letter in your packet and if there's no objection review and filed a letter as a status update. Represent doctor. Thank you thank you Mr. Share. This probably is more for staff than it is for the of the agency but we we updated this act in the last session and if I recall these types of if it's something that is appealed by a court. It does it still require a letter to be notifying us or do they need to continue doing this under the update this act Jessica Whitaker Mr for Mr April's and currently if they notify us of the litigation that they don't have to do anything until the litigation is been resolved and the notifies again and because this was previously under five seventeen of two thousand and nineteen and there was a motion to have them submit the letter every month that's what we see the letters so would be in order to make a motion to let them not to to follow the new law read this old one that would be a proper motion I make that motion Mister Phillips have to do me a favor just state which motion is so we have an articulate on record please which motion I'm not sure what the new act number is that twenty twenty one took over but the updated ACT five seventeen of twenty nineteen I would move that they follow that procedure versus the old procedure and which wouldn't require them to have the letter submitted to us every month as long as it was an act of letting litigation all motion against second. A second discussion to the motion and second. Everybody heard and understand. See no discussion on favor say aye. Any opposed. Motion passes thank you represent option. On to. Right an item G. the next item on the agenda will be December monthly written updates percent ACT five nine five two thousand twenty one as you recall these are agency updates regarding the status of the rule making implementation implementing of twenty twenty one legislative legislation are there any questions. No objection will file the December of H.. All right next on to H.. Next time on the agenda will be the agency's request to be excluded from ACT five ninety five reporting requirements ex five nine five allows a subcommittee to exclude an agency from reporting requirements if it determines that the required rules not necessary including without limitation determining that the rule would merely restate the newly enacted law additionally an agency may submit a written notification that there is litigation involving the newly enacted law and shall be excluded from reporting requirements until such litigation is resolved I'd like to ask for someone from the agency to come up and introduce yourself for the record explain your request to be excluded and we're gonna start off with the department of commerce please. One PM if you would the name and title for a record please. Thank you Mr chair generator on the general counsel with the Arkansas insurance department. Okay go ahead. The yes after we did a review under rex five ninety five we found of three rules that were in the a bill or report that we either didn't elector rules necessary under the terms and conditions of at five ninety five or we got kind of one odd when the kind of stands out it's the three forty three three forty B. drug pricing bill that one is in litigation currently. we are also though engage in rulemaking on that one I'd be happy to answer any questions any of the specifics but we generally feel like for the other two bills there is is the acts themselves given of content in detail and direction that a rule was not necessary will be able to use the Journal enforcement authority of the insurance department commissioner to carry out the operation of those of those I laws. Aren't you for the explanation of an action that's on sixty nine six five level three and level five yes you any questions from members. I need a motion to approve the agency's request for exclusion I have a motion Is are second motion second any discussion. All favor say aye. A post. Motion carries thank you thank you all right Parma commerce division workforce services. Warning if y'all would name and title for a record please. Good morning Charles Lyford general counsel for rehabilitation services here on behalf of the adult education section. Good morning members I'm Bridget Kreiner associate director for adult education one and members are justification that note there's letters and packets to kind of explain the agency's position and we'll get to one unique one here and that because he had no. It's request please. Thank you senator the act you see referred to an H. two ACT seven seventy that's the Division workforce services appropriation bill there's special language and and that act in as it's been included in I think every until the appropriation for some time that says adult education can pass rules to govern their funding the only change in the twenty twenty one appropriation act was to substitute workforce services where adult it is now and delete department of career education as a result of the of course the transformation so we didn't feel that a a report monthly report on this rule was needed particularly when the the rules already in place. All right members for the explanation questions from members. I have a motion to accept the agency's request for collusion. Got a got a motion Senator sample and I heard a second over here somewhere motion second any discussion to the motion. All favor say aye opposed motion carries thank you I'll. Part of Education Act sixty nine five thirty nine and nine fifty nine please. Good morning name and title for the record please. Good morning court court in solace four to the department of education. You need for with the division of higher education morning go ahead proceed. So the first M. is Act sixty nine which is the higher education transparency and and to enhance accountability upon review we didn't feel that rules were necessary since all of the requirements are set forth in law there was nothing additional that we would be able to add and rules. Okay a questions from members. Motion to approve the agency requests for exclusion. Motion of second. Got a second any discussion. All favor say aye. A post motion carries thank you. ACT five thirty nine AM it requires the development and use of the higher education consumer guide again all the requirements are set forth in law and there would be nothing additional to add in rules a questions members. Motion to approve the agency's requests for exclusion have a motions are second. Got a second any discussion. All in favor say aye opposed motion carries nine fifty nine at nine fifty nine it requires the state board of education to adopt a policy requiring and recitation of the pledge of allegiance followed by a moment of silence districts are already implementing and this requirement and have adopted policy to makes that clear school district superintendents are required to sign a statement of assurance that they are following all laws and so again we felt there was nothing additional to put in the rules. Good question this one of that moment of silence the latitude is does the does the law create latitude to the district as to which order they do the three requirements and second question the moment of silence it is delegated to the local level to determine how long that moment of silence FOR Secker ACT. Now in the law it specifies that it is a one minute moment of silence to be after the pledge of allegiance okay all right thank you a questions from members. Motion to approve the agency's requests for exclusion. Got a motor got a motion over here on the house side a second from the Senate side on nine fifty nine any questions. Affair motion say aye. L. O. opposed no. Motion carries thank you. All right to permit finance administration regarding. I'm sorry or financed gifted chart board financed ACT one thousand four. Morning. Name and title for the record please. Morning Mr chairlifts and gentleman TJ file or legal counsel for the treasury on behalf of the state board of finance and I'm Debbie Rogers with the department of finance and administration are the morning go ahead enough present please answer Act one thousand and four twenty twenty one was the was a law that abolished the excuse me employee benefits division board and transfer the power that board over to the state board of finance. That to me you mean the favor TJ little closer for those of us have been hard to hear in thank you Sir that was a lot of the abolish the EBT board transfer that power and authority over to the state board of finance that law specifically states that no new rules required in fact all previous rules remain in effect the state board of finances pass resolution that known rulemaking is required and that no the rulemaking has occurred. Okay any any questions from members. Then I've got a question I'm just curious about why the resolution. well not let up hang on a sec. Let me give the employee of Senator Hickey first go ahead Senator Hickey I hear what you say but the law didn't preclude that you could make the rules. Correct and if you do that then you're going to bring it before this body absolutely thank you. Okay. At a okay so the question resolution I mean you had a cover letter what's the purpose of the resolution well the state board of finance and like everyone else is a board non agency and so in order for the board to have some action has of a resolution now the rostrum ploys of the state board of finance because it has no employees so in order for us to bring some sort of motion or action by the board there has to be resolution okay very good just want to have that explanation other public shall okay a questions from members. Motion to approve the agency's request for collusion and motion the second your second any discussion. All favor say aye. A post motion carries thank you I'll. All right partner finance ministration on ACT six eighty two. Name and title for the record please Sherman good morning. Why my name is Byron three one at Jon Campbell with me for the Arkansas racy Commission. Okay when proceed please of the Arkansas res Commission adopted rules when they had the casino gaming rules required criminal background checks fingerprinting for all applicants and they have complied with that rule the next six eighty two is identical I believe required criminal background checks for your preferred for applicants in the rules committee comply I was just asking for an exemption from reporting that we comply with our own ruling with state law. There's no question that we're complying with it. Members have any questions. Senator stubble. Senator Johnson. Thank you Mr chairman of the tree limb of Mr Campbell thank you for being here I had a question this is. I think it is implicit in the rule and the legislation that you must clear the background check but I don't know that it's explicit in the rule and you may remember this issue came up related to canvassers for initiate that initiated act and Constitutional milk petitions that well yes we we we we provide we've but we didn't actually get cleared you know you could put a axe murderer and but you to fill out the paperwork and so you know in compliance can you assure me that this actually it's more than just implicit that they must pass a criminal background check right of employee of the department of finance administration actually handles that was my understanding from conversations with her that you have to pass a criminal background check the only time that that's ever come up with something someone can appeal it to the commission and say I think I would want exemption we've had that come up with a horse track before when someone who have some type of a felony conviction they would ask for a waiver it is I thank you commissions lookers of violent crime or stated in granted waivers that had come in several years yes you do have to pass the background check great that's only no thank you Mr thank you Mr welcome any other questions members. I have a motion to approve the request for exclusion drive second. Your second a discussion to the motion. All favor say aye opposed. Motion passes thank you John thank you a great day of next you and services are Human Services. Bye for the department Human Services. Okay we'll pass over if they're not the room by the end will hold over to next time then of seven department labor licensing. Could you member staff just stepped out make sure the Human Services on out in the for your please. Thank you. German the name and title for the record please. Morning Mr chairman C. Gunthorpe department of labor licensing. Good morning and miles Morgan attorney morning the department of labor licensing pointed at the seven forty six please. Yes well with regard to ACT seven forty six none of the department of labor licensing boards the rule to comply with the act seven forty six of twenty twenty one that is the current practice under existing rules none of the boards have a citizenship requirements or anything similar. Writing questions members. Motion to approve the agency's request for exclusion of seven forty six. Motion and a second any discussion. All favor motion say aye. Posed motion passes eight eleven please yes with regard to act eight eleven the board of electrical examiners and the fire protection licensing board they already recognize any apprentice enrolled in a program recognized by the office of apprenticeship and training with the US department of labor so rulemaking and reporting under active eleven of twenty twenty one is is a necessary for those two boards and we receive respectfully request exclusion. Per the explanation and questions. motion of second to recruit the agency's requests have a second any discussion. All favor say aye opposed motion passes thank you all for being here this morning thank you we're going back up to six workers tied up with member so we're not following him so Markham on up the table will take up. Item six. I Mark. For the sake of expediency in time. Without objection more let him explain. Each one of them I'll take questions on each one of them then if there are no objections I'll take one motion to approve them all with that either body. All right go ahead mark. Thank Mister chairman I apologize I was out there talks members not realize you are going to gotten back to me on the list no problem so name and title for a record because you're presenting please I'm sorry mark white a former UN services thank you so we had asked for exclusion for four items else go through these in order ACT seven forty five this was an act related to Medicaid coverage of new prescription drugs the changes that required all know them or things that had to be changed and rule so for example it made some changes related to the deregulation review board that we use all those things are outside promulgated rules so I wouldn't say anything that are existing rules is contradicted by this or that we need to be updated and stuff that reason we term the no new rules are necessary. At nine thirty seven this was a bill that we had I requested of this relates to eligibility for long term care the issue was a statute Podest to rules that were written I think it's about twenty years ago and we wanted to we want to have the opposite leased the ability to update those rules for example they're still swings in there that talks about faxing eligibility applications in so I think it's someone we are going to want to update those to allow for example online applications things like that there's nothing that is directly required to be changed to this time is that existing rules are sufficient and so for that reason we're not I brought new rules on that one. At six fifty one this relates to proscription of hope we would antagonised this primarily applies to physicians and so this is nothing that we directly regulate over physicians and so I we don't see that we had a a role there necessarily need be reflected and rules. And then ACT three fifty seven coverage of early refills of prescription eye drops we this all this required was change in our billing system so we made that change this is now active and there's nothing in the rules that's contradicted by this or these be revised and I would add Mr chairman we have been working on another one and what we've we're supposed to meet another request for you all for the future related act in seventeen this one where we don't think that additional rules necessary but that document how for today just a heads up that we do have the other one in the pipeline that will bring to you at your next meeting our appreciate that. Our members are there any questions on any one of the four acts that are being the request being presented for. Then without objection I'll take a motion to approve all four as one ACT three fifty seven six fifty one to forty five nine thirty seven have the motion second please. I have a second any discussion to the motion. Motion is to approve all fourth objection all favor say aye opposed thank you thanks for being here more a Mister thank you members teacher retirement. Morning feel would name and title for the record please. Good morning Clint Rhoden Arkansas teacher retirement system. Good morning Jennifer legal Arkansas teacher retirement system morning your go ahead present please. All right so ACT seventy ACT seven eleven what dealt with the reciprocity of the retirement system's it essentially was I an act where all the retirement system's got together and re wrote and re organized at the reciprocity law that affects all the retirement system's each of the retirement systems has their own reciprocity laws and their own sections of the code and therefore this reorg of this this law did not affect H. R. S.'s operations and therefore still in compliance with the all the laws and no longer or no rules were required for this act. Any questions remember. We have a motion to approve the agency's requests for exclusion of second. I have a second any discussion to the motion all favor motion say aye. Any posed congratulations motion passes thank you all thank you our transformation search services. Mistrust you for legal counsel TSS. So ACT three seventy nine is the Arkansas Public Service internship program it enacted that we have a policy out there and procedures for that but there's no requirement for rules because it only and concerns the internal management program. A questions from members. Motion to approve the AG's requests for exclusion three seventy nine. Motion have second any discussion. All favor say aye opposed motion passes ACT one thousand four. You all heard on ACT one thousand four earlier I don't know that I need to repeat anything if EVD did need to enact any laws that would go through that board and come to this body any rules sorry okay. Any questions members. Motion except agencies request. The motion second. Got a motion second any discussion. All favor say aye opposed motion passes thank you for being here this morning. Okay on to the agenda I. Finalizing on the agenda today are initial rule reports pursuant to act ten seventy six of twenty twenty one at ten seventy six requires initial rule report to be filed by December first twenty twenty one requires final rule report by September first twenty twenty two which at that time will require consideration by the house and Senate committee on agriculture forestry economic development for consideration by the rules subcommittee in Legislative Council or any questions for members regarding these two item agenda is. If no objections will file the initial rule report sent Any other business come forth Committee center Johnson. Thank you Mr chairman of. I wonder if there's any representative the Department of Parks heritage and tourism that's here. The one from parks and tourism in the building or in the four year. If I may Mister chairman of. I was the sponsor of the lead sponsor of ACT NO three and at ten oh three requires that the Arkansas history commission shall file proposed rules with Legislative Council a sufficiently in advance of January one twenty twenty two so that the council may consider the rule for approval before January one and now. I guess this is our last meeting of the year correct me if I'm wrong this week Friday will be the last meeting of a LC for twenty twenty one so I'm it appears that the department is out of compliance with the statutory mandate for those who don't know that this is this is the Arkansas state capitol in historical monument monument protection act this would be the history commission that will be presenting the rules of I've been made aware that there is litigation in courts related to an issue related to a protected monument and the judge more less admonished in this case the city to get some clarification of their rule if they could seek a waiver and it appears that the the department has failed to comply with the statutory requirement to have such rules approved by a L. cities I just I want to give an opportunity if they were here and I missed it somehow or another to to explain themselves but it appears that they're not here. Duly noted of perhaps you might recommend talk Dale C. chairs to see if they want to come before LC on Friday and give an explanation is authorized to sitting right in front of me get right thank you Mr. Thank you. Any other business come before the committee. Or clear up. C. nine hearing none were Jr thank you all. Thank you. Are you here on Friday.