Public Health, Welfare and Labor Committee- House

sees a quorum. So representative Smith. You're recognized thank you Mr chairman and committee request permission to have a judge Robert Griffin set the table with me yes yes also present one here in the office will speak for or against the bill please go out and sign up in the sheet on my right hand here. representative you're recognized to present your resolution thank you Senate concurrent resolution eleven states that it is to encourage the United States Congress and United States Food and Drug Administration to enter into international a reserve price of the agreements for medications. In Ropar for any questions. Did y'all have a handout with this is that your hand out that everyone around. Of a building and wanted this but. Thanks. There's no less no Sir okay all right. Okay Sir you're recognized introduce yourself and who you represent thing mature members of Robert Griffin infants county judge represent myself and the citizens of not just infants County but Arkansas you're recognized thank you Sir the I have I personally have a reason that this bill would be important if it could be in effect I have a metastasized prostate cancer that there's a treatment I was told in nineteen two thousand nineteen and may that I needed to go to Europe I had a scan in Los Angeles at the time the world shut down for COVID in March of twenty twenty so COVID has restricted my ability to go I had a business life I could afford to go but I can't get or do you to COVID and the FDA has done test to your but it has not been approved yet and may keeps hoping that'll be approved they were part of it is a very advanced formulation of the isotopes ago to the cellular level sale wraps itself around it it kills it in place radiating from within but that's not yes the only thing there's many modern medicines and one that I would like to bring forward as a national example the monocle cocktail of antibodies that was developed in Europe that we were well aware of here well enough aware that the president's people had them available when he developed covid that is the first line of defense they gave him is that antibody cocktail that was not approved here it didn't get a you a from the FDA for forty five days. Possibly hundreds or thousands of Americans died due to a lack of access to medicines that we already knew was the right thing And so this isn't reciprocal agreement with modern nations that we approve of their methodology of determining approval of medicines can make them available here and hours there and from then I write to try with them have a right to access and of this is something I appreciate represents Smithson Senator Sturch for bringing forward is a bipartisan nondenominational it is something for every citizen is simply giving them access to things that right now only the well positioned or a fluent can do so I appreciate a good vote no for any questions. Any questions from committee. See a representative cloud you're recognized. Thank you Mr chair thank you gentleman just do you know if there's anything being done on the federal level a concerning this issue that is the whole purpose Arkansas may be on the leading edge and as you know the old adage of a journey of a thousand miles begins with a single step this is that single step I'm not aware of anything being brought forward yet but I'm hoping this will catch the attention is just such a simple thing is such a need for thing in the parks I talked to the girl that I process you get it going to K. Canada to get but it wasn't available here for five to ten years another person in Batesville that has to notice and a friend he is going to European ten thousand dollars a treatment because the FDA will approve of blood cooling more than six minutes before going back in the body it needs to cool for twenty a lot of these things are just so simplistic and is ridiculous for American citizens but what about the ones that can afford the ones that are not the position well the ones that are not fluent denying them the antibody cocktail as the senators probably hundreds of lives lost due to the delay unit approval. Any other questions. Seeing none anyone here in the audience speak against this resolution. For the resolution. Seeing none are you ready oppose the resolution. I'd like to close for my resolution. As for do pass. What's will of committee. Represent. I have a motion of do pass in discussion on the motion. Representative to you you're recognized thank you thank you Mr I appreciate you bringing this forward as a physician I had instances within the last thirty years or their drugs that were approved in your apartment or different techniques that we do in surgery that we could not do here when when in our profession we were looking at the European data and the date and in some of these things some of these things. To come to the United States and go through the drug approval process is so expensive and it's such a limited market that it's really difficult to get it approved so I thought I congratulated on this not mean to wholeheartedly supported thank you. Any other discussion. Seeing none motions do pass all in favor signify by saying aye. All opposed nay moshing carries congradulations representative your bill is passed thank you Committee your resolution passed. Okay we go back up to the top representative Payton are you ready to do concur amendment concurrent and Senate Amendment H. B. seventeen nine seventeen online. Thank you Mr thank you committees a house bill seventeen oh nine is the insulin bill that we're very familiar with where we had to make a couple of amendments in the Senate maybe just one that covered everything but we had to make sure and exempt the Medicaid. Portion because it was discovered that two hundred and thirty seven million dollars year flow to Medicaid because Medicaid law already captures the margin that we are trying to expose so that's a pretty good indication of how big of a other thing that we're dealing with here and and what is going means when we get that shaken out and I appreciate a good vote on the amendment. Representative Boyd you're recognized. Thank you Mr can we just briefly have Mr why from DHS up here to tell us how he believes this will impact our homes are not. I more quotes for Human Services. A Resum Board of we've looked at it and our folks tell me they don't think it would have any adverse impact on our home I think with the language that was added we're we're good with the bill as is. The representative Payton you get to amendments that correct. yeah I don't have them in front of me so I don't have a copy I should've brought it with. The Amendment number one is what I explained plus it adds Senator Hammer and the representative Penzo as co sponsors. We can do both of these at once okay second amendment puts an effective date on of January first twenty twenty two to make sure there's plenty of time for contracts being renegotiated and for all of the logistics that'll support what we're trying to do to be put in place it also adds Brandt a representative Smith and I Senator Flippo hill Irvin rice Rapert Wallace as cosponsors of the bill. Representative Boyd you're recognized for a question. Mr I'm sorry to slow things down but a ballot question came up about whether this impacts the past programs as well as our homes if Mr Wackett come back and address that just very briefly. Sir Clark why DHS a same answer that our folks looked at it and they don't see any impact on pass or on the Q. H. P.'s in our home Arkansas Works. Representative Johnson you're recognized. Thank you Mr representive Payton. just a question in the overall. The overall bill the theme of the bill I'm just. Still slightly concerned about. I obviously. Something needs to be done so I'd appreciate the attempt to try to do it I guess my concern is overall when government steps in and tries to regulate a market place What happens if. Manufactures of insulin decide they don't want to sell in Arkansas due to this bill. I contacted one representative of such manufacture this morning and he had forwarded the information to that manufacture and a giving the thumbs up everything's okay. All right thank you thank you. Any other questions. Seeing none. anyone here to speak against this president of this amendment. For the amendment seeing none you ready to close for non imposed and I move that we can current said amendment number one and two. I have a motion to concur in the Senate amendment number one and number two to HB seventeen oh nine the discussion on the motion. Seeing none all in favor signify by saying aye. All opposed nay motion carries congratulations your members making her. Okay we're gonna skip over SB five fourteen. I'm going to go to HB nineteen forty five representative wooden. You're recognized to present your bill. Thank you Mr chairman. Jim Wooten District forty five house representatives. I'll just read this to you all on this bill up front it's an act to specify a certain ownership requirements in order to obtain pharmacy permit and for other purposes of the sponsors on this bill or myself Bentley marsh Davis fielding of who in flyers Hillman Jett McCollum Murdock Richardson tallit over Nissen is Teague back home in Chesterfield this bill is one of those simple Bills like always the leading the way owned it's like a private school bill on the football athletics uncontroversial NO controversy. Let me share with you the lessons. In my opinion the reason this legislation is needed and we just passed a bill if you will a few minutes ago but representative Dalby from Texarkana own own cigarette rebates and she made the comment and this is true here I applicable to this this is intended to level the playing field in Arkansas. US or will the insurance and commerce committee and without exception almost ever meeting we have something that ultimately comes around to drugs in the cost of medical care in this state we had a bill recently which the home at the end of the day of the conflict was not with consumers other than the fact they being overcharged of the conflict is between the major manufacturers of drugs of the PBMs and insurers companies in our consumers in Arkansas or thing the prize for that. North Dakota and active the in nineteen sixty three of a pharmacy requirement for sole proprietorships to be licenses pharmacist in good standing or for majority stockholder of a corporation associated with the L. L. C. to be owned by a licensed pharmacist in good standing. in two thousand eleven and two thousand and nine and two thousand eleven legislation to overturn the pharmacy ownership law failed in North Dakota sales thirty five of the fifty seven twenty six to sixty eight. In twenty fourteen sixty percent of the North Dakota voters rejected a ballot initiative to overturn the law and I share that with you today so that you'll know that this is been around a long time it's not our practices new relative to the ownership of the former Mrs. share with this is is he didn't know what will be and it's all I've already been called the introducing the motion Republican bill here but I also have been accused of introducing the worst bill so you know it's nothing new to me used to that and I'm sure sure most of you all are let me share with you what we've created we've created a situation and circumstances with some of the large pharmacists in the state creating circumstances involving the pricing structure involving the hell they treat their employees got one example of some of or be required the former sister be required to feel for them to six hundred prescriptions a day one one one company has a situation where they have to punch in when the the star feeling of filling a prescription if the adult fill it in time or red light goes off in this charge against. They were you know ahead hundreds of employees and I never never did like that. I mean the this just you know that's not good and then. For another serious situation involving them that we need to send a message to and we already have by the Supreme Court ruling that dealt with the the PBMs. Well here's here's what I don't understand how we ever let this happen they were well the with the PBS. Oma CV is. I mean this this you know they're controlling the in taken out hello on the on these meds for the people of Arkansas and then in addition to that thank you they have a. Willingness plans and drug plans drug programs we're they can direct their their people their customers to and ask them to participate in that or for some to if they don't they will end up paying higher for us so they know only dealing in the sale of prescriptions the of of drugs they're also looking in the direction as it relates to drug plants if they don't take advantage of a particular plan they manual as another one but that has a different pricing structure for independent pharmacist in Arkansas everyone of us in here looking across the room. The accident maybe a couple of exceptions live in small towns and you know exactly what that forces means to you. I guarantee you couldn't call CVS in the because some of my operate twenty four others but not the pharmacy a guarantee you couldn't call their pharmacist the pharmacist there to come down and open up for you get a prescription and the clothes you know you can do that most of the time with your local the local of pharmacists so this is this is this is a bill that is simple designed to the lady the war L. and to have the pharmacy ownership law in the state. It covers grandfathers in those that are already in operation and and those that are here a grandfather's those in let me sir were you go here your goal here this is restrictive this is the contrary to good commerce in good practices but I'm telling you it we don't take care of the people of Arkansas if we don't care of the take care of the former Mrs their goal dominated. To give you another number The income. The price of drugs has increased about fifty to sixty percent. In our study. The average income is increased about eleven percent of the past few years so you know what who's doing what and we hear constantly and continually as was pointed out by the the the committee will go we we hear continually about drugs in Europe Canada and other parts of the world a lot cheaper than what they're being so we're here. So you know it is a problem it it does involve the drug companies but it also involves these being corporations that or if you will just taking advantage of the situation and and limiting the the operations of the small town for Mrs. The controlling or having an out reach to the point that they can control what their customers can receive from their insurance companies you tell me that's fair. Representative Wooten I think you've done a good job presenting this we might have some questions for okay thank you and okay a representative board you have a question. Thank you Mr chair representative wooden you've done a great job presenting this this is a really big bill with a monumental it's a monumental lift I just and and I'm concerned that we don't have time to get through it the session but I think it's something that that brings you brought a lot of things of life that might need to be studied would you be opened pulling this down and sending it interim study and and coming back in and really dig in and inviting all the right parties to the table. The Kerr with you because let me explain why Mister chairman of a money you're recognized the reason is because it is a complicated and it's it's difficult to understand but mum mum primary purpose really and with this bill was to bring it before you today so that we could get so that we could start working towards some type of solution for our former assistant for our consumers in Arkansas so you know if this will of the committee representative board up be more than happy to do that I think that be a milestone accomplishment represent about think you've highlighted the a big issue and I I I agree with what you said and we have a good process in this committee we've got subcommittees that can look at this in the interim bring up data have speakers come in and so if you'd be willing to put an interim study it'll come to public health we meet every month during the interim so I think that would be a good the good way to go because even if we pass it out of here you have a difficult time getting through the process of realized and now. She did you would be willing to do that bill and I'll be happy to pull it down president Payton did you have a comment yes thank you Mr representative voted I really appreciate you bringing that even though you faded some heat and some people accused you're not running a Republican bill wouldn't you say that but that's all right to rights right and wrong is wrong so would you say that that breaking up monopolies and and helping consumers should be a Republican well as the it has been thank you you look at the seven sisters of the oil industry a hundred years ago and you see the same circumstance that that was built with them but if it's not at all to be but you know I understand well I can only remember back to mall bill I can't remember the seven you know that was a thank you thank you that's right the the the the thing is that they need to be looked at payment thank you the the thank you representative will thank you Mr goody has signed up to speak against this you'll have an opportunity in the interim to the to speak on this bill thank you representative thank you Sir thank you. All right members H. B. nineteen twenty five representative Meeks is going to put that in the interim study. So we'll pass over that. S. B. six seventeen Senator Rapert. The right going on oh I'm sorry six forty SB six forty. Senator Hammer is there anyone here to present that. The representative Penzo you're recognized. Thank you Mister chair may be bring a advance to the table with me yes thank you. Please introduce yourself and who you represent. Good afternoon commitment. Full of good afternoon committee my name is at or Vance C. of the ACMI group were accounts receivable managers and consultants. You're recognized representative thank you Mr chair. Senate bill six forty extends the statute of limitations for medical debt contingent upon the passage of federal consumer protection for medical debt collection practices. At age or fifty three thirty Receded to lead introduced H. or fifty three thirty and if it if passed it would put a moratorium on the collection of medical debt until it's two years old. Since Arkansas law states that you can't collect medical that after two years effectively her bill if passed would in the collection of medical debt in Arkansas. Changing our law five years contingent upon this federal law passing makes it to where Arkansas can still have medical debt collection even if this bill passes. In the event that her bill feels our current laws would stay the same. And if you have any questions about it. He'd be happy to answer. Any questions from committee. City none. But we do have one person signed up. Hello. We don't have any more people signed up to speak and you have a comment sir you just any comments about the grateful to be here and I appreciate your consideration my industry in the medical community appreciate your consideration thank you. Any any further questions from committee. Seeing none anyone who speak against the bill. For the bill seeing none ready clothes for your bill close in a as for good vote. Make a motion motion to pass. Most on floors do pass as a discussion. Just what did I miss one no you didn't okay Malcolm all what I've got three of them so you threw me off. All right motion is do pass any discussion on the motion. Seeing none all in favor signify by saying aye. All opposed nay moshing carries graduation your bill is passed thank you Committee thank you thanks. Okay now we're on S. B. six seventeen Senator Rapert is You're still in there yeah all right you're recognized thank you Mr chair of may bring John Vinson to the table with me yes thank you. Please introduce yourself and who you represent thank chairman Lehman my name's John Vincent CEO of the Arkansas pharmacists association. A committee we do have an amendment. I thank yeah on this bill. So let me come around. So give members a little bit time to look at the amendment. Representative more you're recognized. Thank you Mr chair can I just ask representative Penzo quick question yes you're recognized if we amend this is there time to get the bill through the process. That's a very good question I believe. The Senate can do things we can't so I think there's well it yes to answer your questions representative Boyd it is possible. May not be probable but it is possible. So. All right you ready to present your amendment. Okay the the amendment adds a of several co sponsors and Senators and and in the house and the. Also the. Clarify some issues that the that the some centers wanted it really doesn't change anything the bill they just wanted some wording that pretty much clarified that it didn't do certain things we can address those after it's adopted if it's accepted yes your question represent Wardlaw you're recognized. I'm very supportive of the bill I'm a little worried about this amendment and timing if we run this amendment today and it's only for co sponsors and really doesn't change the merits of the bill. Okay Sir Bonsor than say that there's other changes. Can can we hear from Mr Bentsen over what the amendment actually does in America so that Mr yes you're recognized right so. In the original language we elect board of pharmacy getting technical assistance with them when questions were asked felt like the original language didn't do the things that are in the amendment but after meeting with senators are really concerned and wanted absolute clarity that it didn't have unintended consequences we added two sections of making sure without a shadow of a doubt that it didn't prohibit you from being able to fill a prescription and Berryville come down to the legislature in Little Rock and be able to call and get it transferred without having to sign something so we made that black and white clear and then the second thing is is that it made it black and white clear that we weren't regulating prescribers from sending a prescription to wherever whatever pharmacy licensed pharmacy this state or another state that the patients were wanted that prescription to go to a wooden thank the original language prohibited those things but this Senators felt very strongly or concerned about it that we agree to work with them to put this amendment for all of Mr yes. So represent Penzo you'll have to suspend the rule Monday to see this bill to twice on the calendar. Because I have to be on two different calendars Monday in that rule. Still exist. not for the deferred bills as you try to do earlier in the week but this will have to be suspended for this bill to make it to the Senate on Tuesday so. You'll have to do that if we adopt this amendment. Representative Wardlaw do you think that's a possibility. Or need to check with parliamentarian on that. A I did check with parliamentarian on on the the I was considering doing that today on another piece of legislation and I didn't but I would probably try that. On Monday if needed. I mean. From president Dotson you're recognized thank you Mr chair just. I guess what as a point of discussion on this amendment the last few days I believe any of these amendments that have been been brought up have been subsequently heard on supplemental calendars later on on that same day so. It's entirely possible I just so we have use that procedures what you're saying yeah I mean it's been have we haven't around having but we and suspended the rules we haven't suspended the rules but amendments have been going being engrossed and coming back on the supplemental calendar this on the same day yeah. So as to what is possible to get it through Baker the the parliamentarian whoever is assigning those decides to do a supplemental calendar. All right so you'll have to check on that process. I well I mean. What your decision representative Penzo. Okay. Special. Yes Sir okay we'll pass over this you'll stay here in the audience that will come back to okay we got people waiting here. So we're going to move on to SB six fifteen Senator Garner. You're recognized thank you chairman unlike a representative moving this bill is the greatest bill this session unlike representan Penzo is perfect we don't have to mend it what this bill does it It stopper trend that we see coming from the federal government for some other sources the idea of a vaccine passport America in America is frankly appalling and so that we should not go down the road of this is an anti vaccination piece of legislation I understand this I believe every single person should get vaccinated that can and I don't believe the government should tell you have to do it it's a very simple concept what this does is it stops you from having to show paperwork they've been vaccinated with the government or in some of the private sectors like if you go to Walmart McDonald's or anything like that don't think those companies would do that anytime soon but let's stop before god we don't forget steam rolled by this I know you are low on time I'll take any questions representative board you're recognized for a question. Thank you Mr chair senator thank you for bringing this important bill to us today but I do have to ask I mean there there's this blurry line between regulating business and regulating the government and so could you help me understand why you believe it's okay for us to tell businesses they can't go down the passport road what we took out employment housing requested chamber which I think made it easier because you're on your own points here's what compared to in two fronts one we have all kind of civil rights laws on who you can and cannot see so if you're discriminate somebody based on race ethnicity color or that's all same thing. At six in the government steps in and says you cannot do that we also have all kind of privacy laws when it comes to it think about it would allow the government to or something and see if you have HIV tests we don't do it for the flu we don't do it for other things this is such a new normal planned Dimmick we can't set a precedent allowed to be started because unfortunately I think the roll will eventually lead to is apple on your phone with all your medical data that you have to show sitting collected that may be a little bit conspiratorial but I don't think we're too far off of that when you look at some other countries out there and some of the measures they've taken and listen I think Arkansas governor Hutchinson said he would mess with this the issue I have is to buy ministration has had serious discussions about this in the way they plan on doing it is pushing it through private industry with pressure from the federal government so as much as I respect the difference between the state government and state businesses this is one No areas I think we we we have to a certain amount the wordy and say you cannot do this for those services one follow up Mr yes yes you're recognized okay so I thank you you answered one of my concerns is so like if I have an employee in my business I can still make sure that they're vaccinated it's not going to get into the the realm of my business my rules with my employees I just couldn't demand of the people who came into my business that they had to show me to prove to me that they had covered vaccine you can't mandated now if there's an incentive program if there's idea that you want to do some through their but why there actually has is promoted if you get a vaccination of the free beer private industry making a determination that's on you but if the government or business going to force you to do that I think we'll get into a new category above law and some moral real obligations that we have there. Representative when you're recognized for a question. Okay any other questions. Seeing none we do have one person signed up to speak against the bill. Laura shoes you would come to the table and lose yourself in the represent. Thank you Mr chairman or the committee I'm Lars to general counsel for the department of health and I'm not here to speak in favor of vaccine passports in general just here to and point out some of the issues that we have with this bill. M. first of all and you know the state is not required this but this does take away any local control it does mention specifically education one of the concerns that we have is that this will possibly conflict with H. B. fifteen forty seven and that bill did provide for an escape hatch for and a case where if there's a variant within two years there is a conditional mandate for education in schools that bill is currently sitting on the governor's desk has been transmitted to the governor it does have an emergency clause so if this bill passes after that bad bill becomes inactive this bill may trump that M. as due to the fact that this bill doesn't have a sunset provision and it doesn't have an escape hatch were concerned about that conflict in addition the governor has also been consistent anyone's private businesses to be able to have decisions and and get the latitude to the private sector and this doesn't allow employers to make some of the decisions for their businesses and protect the facilities and customers either maybe services that a business may not be able to provide or it may be that a business or health provider needs to know if someone has had the vaccine before treatment can be given so there are concerns about the language it's it's vague and subsection C. is not specific to the state it just talks about entry travel education or services but those terms are not defined is that for public and private they have affect health sciences schools and higher ed but the main concern I think finally is that it sends the wrong message this bill is not necessary at the fed's of not a required a vaccine passport the CDC is not required in the state is not required we want to encourage our Kansans in college students to get the vaccine and we want to encourage acceptance a vaccines in lesson hesitancy thank you. Any questions. Seeing thank you for your comments. is there anyone the audience will speak against the bill for the bill. Okay saying that you a close for your bill yes Sir I'll be very brief because I have a good motion the only thing to miss from that discussion was one word. Yes. In a cabin yet. And if it does I'm telling you we don't have something on the books to stop it is going to steamroll us that well I'm close to retirement. Representative Gonzalez you're recognized. I have a motion do pass. It discussion on the motion. Representative Miller Jeff discussion. Okay I any further discussion. Seeing none all in favor signify by saying aye. All opposed nay motion carries graduation center your bill is passed. representative warm we're gonna let you run SB six ninety six next. You're recognized to present your bill thank you Mr chairman committee members this bill require full background check on any individual seeking to be a firefighter paid or volunteer the reason for this bill is that last session a bill was passed to prevent sex offenders from serving as firefighters but we didn't address the background check this is mandating that a background check be made To make sure that this is accomplished there's no cost to the state that's basically it. Do you have a question representative Wardlaw you're recognized for a question. Who's going to pay for this then. the individual of fire departments and then I will if it's okay with the committee at like to ask for Roger Smith to come forward he's got some other details on that yes income for please introduce yourself and who you represent. Roger Smith represents state firefighters association. Representing Wardlaw with the Act eight thirty three funds that the fire protection services board. decide how can be spent have. So they will take care of covering that cost meaning they will allow the Department species are acting on what explanation is I've got to volunteer fire departments right now we passed a bill out of retirement committee where represent worn chairs to try to help with them in order to pay for the retirement when they moved over to the offi that got really expensive and they're able to use those funds there but those departments of broke and we put any more on or back even though it's. Less than a hundred Bucks or fifty Bucks or whatever background check cost that's still cost it the only applies that should clarify only applies to new people that's not existence right so we already just get and volunteers and now we're going to make it even harder and seeing if you guys are thinking about the cities in these paid departments I I don't have that maybe one pay department my whole six county district the representative Wardlow the bill that was passed last session was specifically targeted at volunteer departments they were specifically named as a departments where sex offenders could not work could not be a part of that department because the concerned that these people are potentially going into the homes of people so simply fail last time to provide a mechanism for them to know one way or the other whether these people had a background that was problematic that's all and the actor thirty three funds they all receive those I don't know that there's an exception in this state and they the cost is well under a hundred dollars if they have one new volunteer two or three there is money there to help cover that cost without it being a burden on that department. All right thank you Mr president Miller you're recognized for a question. Thank you Mr chair represent warrant the if I look up a local city or a local fire department can they already decide for themselves if they want to require of a background check as it is I mean is there anything that prevents that from happening right now. And if you want to go ahead representative Miller for cities there is nothing to restrict them from doing that already but for volunteer fire departments the rules that the state police made us aware of is that it has to be a an entity of the state meaning a state department cities and counties are considered to be a state bodies volunteer fire departments or not so in order to qualify the the. Background checks to be requested by a state agency which in this case is the Fire services protection bladder volunteer departments currently cannot understand that I'm not trying to be rude no I know that for the second time let's say that a volunteer fire department they have a board yes Sir they'll have a board can that board not get together and say Hey before we bring anybody on we're going to our local board is going to ask for a background check they they're not allowed to seek that background we. Skehan stuttering here that background check the full background check because they are not considered to be a state agency that's that's what the state police have told us that that's why we made the bill the way it was made so that they could get that information follow up Mr yes okay so how is it that a of. Payton auto auction over here private business can require a background check. Of of anybody that he wants to hire and a local I'm just trying to wrap my mind around how I don't to discretion I surely our state police code or we don't have it in code that they absolutely cannot that's a very good question there is a difference in the type of background check that a business can secure versus a state agency and the difference is this is a full FBI background check not just the typical background check that's the difference. Okay thank you thank you Mr. Representative when you're recognized thank you Mr chair is this similar to what's being done already with law enforcement the other first responders as well. What. Yes representative when it's the same thing exactly the same okay. Thank you. The representative Coleman you're recognized. Thank you I wasn't clear I guess on whether they shall pay for this or they may pay for it for other if you send someone in on your rule for departments to it will be paid for. Yes Sir they have to pay for the background check that's fact. No who pays who must pay the individual or the department is the state pay for it I'm sorry I misunderstood the question the state does not pay for the department pays for and they are allowed to use their ACT eight thirty three funding to pay for the individual will not pay for. Okay. Yeah you're recognized for follow yeah. So the the funds that they get now they would be using the for a background check rather than the equipment and stuff for that the there's is funds it comes out of right they would be allowed to use whatever funds they have that are active thirty three funds or any other funds they have. Thank you. Represent Wardlaw you're recognized. Mr stuff Mister Rogers you'll go to the first page line thirty three it says the department are the Department applicant shall pay the fees associated with so that we can pay for ours can be required to pay for. But there's not a definite there on who's going to pay for to just leave the ability for the applicant or the Department. I stand corrected and I'm sorry. Any further questions. Seeing none. We have no one signed up to speak for against the bill. anyone here to speak against the bill. For the bill seeing none are you ready closed the bill representative I'm closed I would just ask for a good vote this will of committee. I have a motion do pass by representative **** and discussion on the motion. Seeing none all in favor signify by saying aye. Those opposed nay. Hi seven resolution bills pass. Thank you Mr chairman thank you Committee. Back to SB six seventeen. Sorry. Yeah. Roll call. You see the hands. Okay roll call. So I represented by was not paying enough attention roll call going. Representative Wardlaw. Representive Eubanks. Representative Eubanks. Representative McGee. Representative Johnson. Representative Johnson. No yes yes yes. Representative Miller. Representative Payton yeah. Representative Bentley yeah. No no. Representative gray. Representative Gonzalez. Representive Gonzalez. Representable and. Representive Allen. Representative Alan. Representive Coleman the. Representative Pilkington. Representative Pilkington. Representive wing yes. Representative Penzo yes. Representative Perry yes. Representative Davis. Representive Davis. Representive clown yes. Vice chair Ferguson. Vice chair Fergus. Sure Ladyman yes. This. Six. Representative your bills fail. Okay. Yes failed. Okay. All right to a representative Penzo. You're recognized for S. B. six seventeen. So you're recognized to represent to present your amendment okay There any other questions about the amendment any questions on the amendment. This six seventeen S. B. six seventeen commanding there's an amendment you have it on your desk there any other questions on the Amendment. We're going to I'm gonna go ahead and make a motion it is possible adopt the amendment if yeah but the right time check the parliamentarian is possible. Any other questions on the amendment. Seeing none the motion make a motion to adopt the amendment have a motion to adopt the amendment any discussion on the motion. Seeing none all in favor signify by saying aye. Those opposed nay. Motion carries resolutions amendments passed you're recognized to present your bill as amended thank you Mr. S. B. six seventeen his consumer protection legislation that promotes enhanced health privacy prevents misuse of medical records or health claims data for soliciting pharmacy services for patients and insurers disclosures of come conflicts of interest and freedom of choice for patients seeking pharmacy services. Vertical integration allowed by the Federal Trade Commission in recent years for PBMs. Retail pharmacies mail order pharmacies health plans healthcare payers medical clinics wholesaler's another's in healthcare and pharmaceutical industry. There are health and health privacy risks conflicts of interests self dealing patients during a mute misuse of data and health records risks for consumers by a vertically integrated healthcare entities. These conflicts of interest to misuse of patient claims data and health records can result in delayed care interference of patient freedom of choice confusion and violations of patient health privacy in fact Arkansas legislative audit recently identified conflicts of interest for pharmacy benefit managers and their ownership and affiliations with large for profit mail order and retail pharmacies that are often not disclosed the health plans for patients is B. six seventeen regulates licensed pharmacies their employees and the ability affiliated companies that have ownership of the pharmacy permit that allows them to provide pharmacist services in the state of Arkansas the language defines prohibited practices for seeking new prescriptions refilled or the authorization of existing prescriptions or transfer of existing prescriptions from prescribers or other pharmacies without a proper pharmacist patient relationship disclosure of conflicts of interest and proper patient consent the language also prohibits data mining and misuse of patient medical records clinic notes and health claims data. To solicit pharmacy services for patients who do not request such services. we've actually had to. A member of the legislature that was actually had business solicit to from the pharmacy that would in their pharmacy and I believe they got a call that their prescription was ready and they were currently even using that particular pharmacy so their data was leak somewhere and the other forms pharmacy was trying to solicit their business by until prescriptions ready so there is a the river is a real issue with this in Arkansas and if you have any questions or do you have anything you'd like to add yeah I would just John Vinson Arkansas farm association again the. Getting lots of complaints course in our office but in addition more importantly patients have filed a number of complaints over the last especially in the last eighteen months more and more online prescriptions and mail order prescriptions have access to data that they really shouldn't be using that data to send the request the doctor McGee for example unless the patient told him to it so this bill would stop that and make that be disclosed I know there's some information to on the what the disclosures look whacked and there's even been situations where patient downloads an app and you put your medicines and that at and then you show your doctor Hey here's the medicines I'm on anything of change will somewhere in there they might have agreed to something they didn't even know they were agreeing to and they will then solicit refills or solicit new prescriptions from the physician so this bill attempts to stop that make it more clear and give the state board pharmacy some teeth to be able to do something when they get complaints from consumers who did not intend for that to happen. Representative gray you're recognized for a question. Thank you Mr chair so like for instance my dad needed smart education not too long ago after inflation and I could only find a certain town around my area and is about three days later after not being OB I bought it for him and to get to about three days later express scripts which is their PBM recall them essentially wanted to know if it be okay if they win it and continue to feel that prescription for them from there on out with this prohibit that because they're essentially data mining their own transactions yes they should not be able to do that okay less you chose to use them I mean it doesn't stop them from advertising and let you know they offer services but they shouldn't be looking at your claims and then reaching out to you and saying Hey I want to feel your prescription to me that's a. I just think it's a misuse of patient health information okay and I thought that's one make sure that is what we're trying to thank you. Represent Coleman you're recognized. Thank you. Thank you prescription done having failed Justin Boyd. Pharmacy they're mad District and my insurers. Humana they pay the bills on it the nation may comparison this is that they can. I can get the same prescription for a an alternate medicine and what the doctor has prescribed which may be a different generic. Than what I'm getting it'll save me twenty Bucks a month you know it is going to prohibit that are. It. It does not it does not prohibit them from advertising you're communicating to you but what it would prohibit them from without your permission sent in a request to your doctor and say and and and basically representing that. Mr Coleman wanted them to fill the prescription so what's stopping for without your permission senten a refill request of Dr McGee if it was your physician without your permission so what's stopping from advertising but it would stop them from soliciting a new prescription or refill from your doctor without your permission. Okay. Any other questions represent Payton you're recognized. Thank you Mr saw I'm sitting here dreaming up ways that might interfere with something just to try to be sure but so you're incapacitated you're in the hospital you're in the nursing home or something like that they have a pharmacist there I guess don't they have to call the doctor and solicit a prescription for you. Yes I don't think at I don't think in that scenario that that would prohibit that that's usual course of business today and I don't believe that this bill would stop that from happening I would hope not yes I agree. Any other questions. Seeing none of anywhere speak against the bill. For the bill. Seeing none you a closer bill close close from a bill and Make a motion Do pass as amended do pass as amended motion is do pass as amended Committee doctor Johnson talked to me about this bill in great detail yesterday and I I think it's it's good bill I really do I think patients are getting medicines that they have no clue where it came from they didn't sign for it. And it shows up and maybe a few bugs in this process but I think it's good bill any other discussion. Seeing none all in favor signify by saying aye. Those opposed nay. Motion carries grades legend bills passed thank you Committee representative Penzo you get one more bill. Thank you Mr chair H. B. twelve thirty three Committee H. B. twelve thirty three there is an amendment. Coming around. It's a people back in their seats. Okay representative you want to start explaining your amendment. Yes Mr. The a group. We've been working on this quite a bit and there were some request made by the of the medical board and and in setting this up you know there's dozen different ways we could attempt to do it I didn't want to establish a new board you know natural paths in the State of Arkansas or or a very there's only a handful that are actually in the state they can't. There's not a license so they do their there you have to work with chiropractors are doctors or underneath somebody else so We decided that the easiest way to do it because you can either set up a committee or a Or add a member to the board so part of this amendment adds A new member to the board which would be a licensed and practicing natural Pathak physician We also extended the date. Of a. The effective date actually there were some concerns I can get it. All accomplished because it's you know creating a whole new set of rules we tried to we also set up the process for prescriptive authority to kind of merit merit physician's assistant that was you know we don't they don't need to be scared of prescribing schedule one and two drugs so we got it to three four and five to mayor physician's assistants we actually put the implementation implementation date out to January first of twenty twenty three which is right before we start our next legislative session you know there were just. Want to get the ball rolling but wanted to be as close to the next legislative session as possible that way if there's any issues we can address in the next legislative session when when the boards you know the licenses new. So it's pretty much. Most of the amendment. With this new member be a voting member yes okay represented more you're recognized. Thank you Mister chair I just wanted to clarify I was kind of the impression we change the medical board senator Hammer did with the PA or somethin this session may be I'm not remember that correctly but if that's the case with this potentially supersede that and and Override what we've already done. Did that add a new member to the board is a PA or just change an existing. Well I don't know the answer that I don't think with that why would it override it would just add another two members within those is that they may not comment on that because it changes the the to it changes the total number of the board members to sixteen which is limited by the other law in which is it's already changed so it would probably. Preclude a doctor from being on the board which it you could still lead a physician's assistant and a and a natural Pathak physician but. Thank you said that you would it would be limiting. There would be no positions. Is I don't knows or the other bills after me no this is it represent Penzo so so this nifty little trick and Senate joint committee were they made to the verbal amendment could I make a motion to make a verbal amendment no no okay we have different rules yeah foes only senator. Where you in here when representative woman was presenting his bill. We might make the same suggestion the U.. okay I think you would be really good to study this I mean I think it's represent Boyd you're recognized. I don't want to add to the confusion I ask the question but then I pulled up Senate bill. one fifty two. At hi I I mean I'm just confused because it's it does strike it out as fourteen and change it to fifteen so. I'm not gonna tell you what it does or doesn't do I just but I I I just. What. I just think there's some problems here that we are not gonna be able to solve in this committee. So. What what would you like to do. All the I'll send it to a interim study okay okay we'll come back to this committee and go to the subcommittee is you know your chair and one little subcommittee so we do have a process we can look into this okay well being that we weren't gonna with our extended out the information implementation date of the January first of twenty twenty three this will put us to for much further behind so all right but appreciate the committee's ten thank you thank you. Kate do you come up here please. Members we have cleared the agenda believe it or not. You can applaud and thank but. But what may happen as you heard the Speaker say that you know to use the may be the last day. we may have to meet on Monday so he I think he mentioned that so what your emails check the webpage we probably will have some Senate bills come over that we may have to meet and vote on Monday sometime I'm thinking maybe lunch around lunch if we have to meet we'll try to get the word out to you so just watch for that otherwise this may be our last meeting so I appreciate that the members here I I really believe that a really good committee a lot of experience here we've done a lot of good things and I I want to thank you all for doing that but also our staff as been outstanding we can't what. So we've got a gift you're feeling Kate for you all for all the hard work that you've done and we really appreciate it. Thank you. With no more business we are