Public Health, Welfare and Labor Committee - Senate

so but today I would like to. ask you to Suspend the rules for house bill fifteen forty five it's just a report that the Senator Ingram has somehow some way it did not get on the agenda and it is like I said just to report nothing controversial about it and Senator Ingram if you would go to the ends of the table we'd like to hear your support. Contact us just a minute to get the to get the bill. Okay we're going to take just a minute while you're talking to get the bill before the the committee members. Thank you madam chair and committee it is a little bit more than a report if this is a recommendation from the of task force but it is a bill and I'll be happy to come back if you want me to winds the I have Melissa the the stone here from DHS this involves autism and we we've got the definition of autism that we're establishing and if you if you will be to I'll be more than happy would you mind waiting until we get your at least get your bill before the committee all right why don't we go ahead and suspend the rules so that we can hear house bill fifteen forty five when it comes up what to when we get okay got it motion we have a second okay all those in favor say aye. All those opposed thank you so much committee we will hear house bill fifteen forty five shortly all right looking at the agenda. Senator Hester are you ready to run SP four six six. All right. Thank you madam chairman I think I'm just going to hand off the ball here. All right would you introduce yourself for the record please Tonya Williams director of the division of child care and early childhood education. This is actually and some people might be surprised but we actually licensed residential facilities in our division as well as child care and it was moved several years ago to create some division between mission Marner Director Martin's program and DCFS so that she's not placing children and then also monitoring programs that serve them so this is specifically about psychiatric residential facilities and we're just trying to create that consistency and how we license them I'm happy to answer any questions or to talk a little bit more but I don't want to waste the committee's time. All right maybe you ought to do just a little bit more please okay. So currently for and psychiatric residential treatment programs they are generally serving children in Arkansas but there is a gap and we're trying to close that gap the there is a little bit of a window where program could get license and serve only out of state children that gets a little complicated because the office of long term care monitors for chemical restraints and seclusion and if they're out of state kids they don't have the authority to do that through Medicaid funding and so that that is a gap we we really don't wanna have children here who don't have that consistent monitoring so we're just trying to have consistency and how we licensee's programs whether they're in state or out of state adolescents and children I will say that these are children that are generally have experienced a lot of trauma a foster care children and you know from other states as well as Arkansas but just trying to be consistent with how we have the application for licensure there and we're also wanting to make sure that the capacity that they have today so they have their current capacities four hundred that that stays the same but if they're going to increase capacity they would come back and request that through the same process and then if we have a program that needs to that is non operational or is not operating that the board it is there is the child welfare agency review board that we work with that governor appointed individuals but that they have the authority to close them if it's a non operational facility for twelve months. Thanks any questions from the committee. Yes Senator Solomon. And if help me so are we opening it up I see in the bill to allow in state and out of state accounts to their bed capacity. Correct and that was not the case before so this the part of it that's their in state and out of state representative or senator Sullivan is the same and that it is now but if they're going to increase it they have to go through the approval process that would have to request and go through that that approval process rather than just increasing. Okay for right now they don't have to do that if they're going to serve out of state children that don't have to go before the health services permitting agency. That's there's just a gap there for all out for out of state potentially. Okay thank you to does this bill close that gap yes ma'am as part of the race for that's what okay any other questions from the committee. All right of seeing none does anyone in the audience want to speak for the bill. Against the bill had to close for your bill. I have but I think I'd like to ask one thing in you make sure that I'm I'm correct here. When they when they started requiring the the license there were certain groups that were grandfathered in. Rather than the facility was grandfathered in in those particular groups can continue to open up without the oversight we're saying that you're facilities grandfathered in but you as a company are not like you can't just continue to open up possibilities without coming to us that's kind of the crux of the whole the whole deal. I would I'm close and ask for a good vote I will make a motion to pass all right we have a motion to pass to have a second have a second all those in favor say aye hi all those opposed congratulations you have passed your bill. I am going on to the next one. We're going to skip over senator Beckham's of bills and put him at the end he said another committee won't be here for a little while and is anyone running a okay Senator Hammer you're running of a house bill seventeen sixty five is that correct all right. I'm sure okay have a guest join me. Okay. All right you are recognized it up and you introduced yourself for the record. Jim Dotson department commerce all right thank you all right senator Hammer you're recognized thank you measure I can probably explain but jim comply to get to the point quicker for Charles challenging hand look all right go right ahead thank you chairman thank you committee I really the bill does two things. We all very aware of the fraud that has been circulating through the unemployment programs nationally since the pandemic began A. as of the date yes has various administrative programs in place to detect and and really prevent that fraud what we're doing in this bill was referred codifying and making obligatory those fraud prevention measures that's one thing the bill does second thing the bill does is it provides a funding source for modernizing the unemployment insurance hi T. system the current data yes unemployment I. T. system is about as old as I am I think I've got maybe year on it so it's over fifty years old it is somewhat cumbersome it makes it very difficult to make modifications to the system to deal with things like the pandemic and so what the bill does it takes a portion of the current stabilization tax which is an employer paid unemployment tax any your marks that for about three years to fund a modernization effort of the IT system by doing this we don't have to tap general revenue not to look at restricted reserve it takes a current funding source and just dedicated to that effort want to really stress this does not affect does not change any employer's tax obligation under the unemployment system it just gives us a modern IT system for that with that have take any questions the committee any questions from the committee. All right seeing none does anyone in the audience want to speak for or against this bill. All right seeing none would you like to close for your bill I'm sure especially not ordinary but I'd like to ask questions about my bill. I will definitely allow you to do that. Right here I'm sure we we would probably have been asked the same question if we thought about it go right ahead the current system that we're using now. Is it going to be the one that we're going to continue with or we gonna put it out for bid and run it through the promulgation rules so as to open it up to any other bidders that's an excellent question. We will all this does is authorized the funding stream it doesn't do anything about authorizing procurement we will run the standard procurement process this will be a complete rebuild of the system so the the existing says we put out to pasture will run R. P. process consisting of the current problem the rules for a purchasing follow up manager yes. The current software company that's providing consultation to the Department are they going to be one of the bidders on this or or or will it opened up to new opportunities so that the current company is providing soft software consult consultation will have to be on a competitive bid it will be a committee did not assume that they would want to provide a bit for the opportunity but just also emphasize the current system is an in house built system that is maintained by the that yes staff presently the vendor that we're referring to is the one he's working on a P. you a system and I'm sure they'll probably get on the on the product is going for. A committee chair for let me ask questions about your bill thank you motion do pass madam chair I'm closed all right thank you we have a motion on the floor. Of. I have a motion to pass do I have a second. All right all those in favor say aye of this suppose congratulations you've passed your bill thank you madam chair are we can go back to Senator Ingram we're passing up the bill House Bill fifteen forty five. And the senator if you wouldn't mind going to the end of the table. You would give me a few minutes to look over the bill. All right. Committee have you had just a few minutes to land said that. All right the Senator Ingram we are ready to hear your bill thank you madam chair I appreciate appreciate committee taken time to do this legislation this up legislation is a result of a recommendation from the autism task force and I'd like to ask of Melissa stone if she would come up and join me with DHS because she's a member of the task force and thank you there might be a question or two are pretty well any questions my answer I'm going to need her to help ensure all right the stone if you would of state your name and where you're from for the record and welcome we haven't seen you much this says thank you for being here I haven't been avoiding it. Having had to come over Melissa stone and division director for developmental disability services. What this bill does in a nutshell is the really only substantially change it's it's to allow two rather than three professionals to provide a diagnosis currently the the policy that we have requires an MD a psychologist and a specs speaking. Can you believe that a speech language pathologist. For the diagnosis this bill it would before it took all three two of drug free with it now we're we're asking the change that just any of the two of those three of professionals that would agree we think that this will speed the process of diagnosis for families especially in rural areas and those of you who are familiar with autism you know that of if we can get to the child particularly before their three or four years old it's it's amazing it's the they they go on to lead a very productive life and so what we think this will help speed that up and I'll be happy to take any questions or or if Melissa is any of thanks you also. All right any questions from the committee. Yes Senator Solomon. Thank you madam chair so we making it easier or more difficult for kids with autism to get services. And thank you for making it easier to diagnose children so we can get I'm treatment earlier in life okay and so I assume. That because there used to be some restrictions on how those services are provided and who could provide them based upon accessing that prognosis so we're kind of softening that. Rodney king that definition. Well I just think that we're not changing who can provide this service what qualifications are clinicians who can provide we're actually just trying to make it more simple to get that diagnosis we have a pretty substantial back at we have a lot of people waiting at the desk developmental center because we do require that Trifacta diagnosis and many many other states in fact we couldn't find another state that required three which is why we have tried to work on the model of doing two out of the three we still feel like it will be and it will be safe and effective and the properly diagnose but it'll be easier for us to diagnose for with the services they access I'm trying to figure out the right way to ask this so the services that they can access with that diagnosis that is staying the same. Yes it's just that we're trying to get rid of the barrier that sometimes it can take over a year or more to actually gain the diagnosis needing that three types of clinician for correct thank you thank you madam chair of I have a question that was just looking on page two and you've struck up the language a child shall not participate in the Medicaid waiver under this section for more than three years is there a limit now up with that language I mean it what did what did you do about the not allowing them to continue more than three years the two weeks extended or explain that please stand yeah that's a good question so as you know since this was in statute in the statute has not been updated and managers initiative and we went in and worked with partners for inclusive communities who runs the autism waiver on our behalf and we made this consistent with actually have a waiver operations good all right thank you any okay Senator Hammer please you're recognized thank you measure I was trying to find and hear us on here I think so Page two line. Sixteen seventeen a qualified professional only includes a licensed physician licensed psychologist licensed speech language pathologist. Is that with regard to the position is is that a family practitioner or what level of position is it referring to. Or all the so it's if you go back to page and one under that diagnosis on number one under autism spectrum disorder we had mark to that phrase out in that section and and and re worked at so we're not changing what's currently in place and we don't go into into detail on what type of position if you have a medical license and you're considered a physician you are one of the three clinicians who can diagnose today follow them share this. So dealing and and I think about other. Disorders as well The. The F. average family practitioner this would require them to get a follow up opinion or diagnosis from the psychologist and the speech pathologist or are they expected to work together as a team. That's a great question so today it is three separate designations we intend for this to continue to be two separate designations but realistically a lot of times all three of the doctors listed are at the dentist developmental center working as a team making three different diagnoses we're trying really hard to to allow this more in the community so we'll just have to work with and the communities to make sure they're working together but right now we just need we just need three different clinicians making the same determination and now this will require to and ma'am sure knows to follow but what I want to know is what if there's a disagreement above the three well the physician be the one who determines the outcome. Is what I'd like to the chair would allow me to ask that is what we want to know what what if you got disagreement. Right so this would be the same thing that could happen right now in state law and but no one one of the clinicians would not trump and the other two clinicians I assume what would happen is if everyone doesn't agree then they would go get a second opinion so they can get the three types of clinicians which is what I say will happen and with that too I will say that pediatrician summer very comfortable making an autism diagnosis but some are not and we have spent a lot of effort working through AMS to try to do and put pediatrician specifically outreach on this and we see more diagnoses coming out of the other two clinicians now because they're more comfortable thank you think manager. All right of any other questions from the committee. All right any does anyone have the excuse me does anyone want to speak for or against the bill. All right heavy clothes for your bill senator yes manager I all right do I have a motion motion the second all those in favor say aye all those opposed congratulations you passed your bill thank you madam chair thank you committee for hearing this. All right of we are going to. me see do we have someone that is so Presenting HB fifteen NO two which is all right Senator Hester. Thank you madam chair of members this is a bill we've probably all heard a lot about and I can tell you that Center fighters worked hard all session long this bill has been got it and got it and got it and it's down to a simple as saying that you know if if if you're if you're providing professional services and somebody is hearing impaired or deaf ask you that you would at a minimum if you've got your face covered only and then only in a in a disaster emergency that's requiring a face mask you would pull your face mask down to accommodate communication if you're not comfortable with that. You can text message with a you can do it type messages on some other electronic device you can use a white board hand written notes basically you would accommodate in some way and I would think if you're professional in Arkansas that you would you would clearly or you should do that is just basic human decency and I would happy to answer any questions any questions. Right. Seeing none is anyone in the audience one's audience want to speak for or against. Seeing none what is the pleasure of the Committee all right have a motion to pass. I have a second all those in favor say aye hi all those opposed congratulations you've passed your bill. All right the senator Hammer you already. Your maps abstractor lane to come to the table thank you would introduce yourself for the record. Madam chairman members committee on Kerr claims state drug director. All right thank you it's nice to see you today. Right you're you're recognized senator thank you measure up to like I did the last one for sake of expediency if you don't mind a looked Director Kurth lane I think that's it that's good okay thank you members committee this bill has is basically clean up two ACT nine five one of two thousand nineteen which defines what a peer recovery specialists can or can't be one line in that outline of what it was and with that was passed in two thousand nineteen basically and then a five one vendor as a certification board and what we're asking to do is to scratch that out and put in from an accredited organization approved by the Arkansas how following drug abuse coordinating council. Thank. All right any questions. All right. Seeing no questions from the committee does anyone want to speak for against this bill. Seeing none. If you close for your bill yes ma'am I don't even have any questions about my own bill on this one Preciado do pass all right we have the motion on the floor we have a second all those in favor say aye all those opposed congratulations you've passed your bill thank you ma'am chair members committee all right then the next one is saw a House bill seventeen ninety seven and Senator Solomon is going to present that bill. Thank you madam chair. All right the you're recognized but would you would you also introduce yourself again please ma'am yes ma'am Tonya Williams director of the division of child care and early childhood education all right thank you you're ready to have thank you Mr chairman let miss Williams president she is the expert on corporal punishment okay. I hope no one's watching that. Livvie this language has been in this law probably for well over thirty years and we have learned a lot this is specifically about children in residential facilities that have experienced a lot of trauma I know many of you probably heard about adverse childhood experiences so we're just requesting the removal of corporal punishment I don't think our board that never entertained the idea of doing that I don't think any of the facilities use corporal punishment for this group of children but we're just requesting to repeal that language right thank you. All right any questions from the committee. Seeing none of this anyone want to speak for against this bill. Seeing none heavy clothes for your bill some clothes and I appreciate a good vote may come up make that motion please all right we have a motion on the floor do we have a second. All those in favor say aye all those suppose congratulations you've passed your bill. All right other than Senator Beckham has everyone of the war okay we're ready for you good didn't see you come in. Ladies and gentleman we're going to hear Senate bill three eighty eight. There is an art I think we have an amendment to your bill K. yes well at sponsors. Okay it's just dead sponsors all right of do I have a motion to adopt the amendment have a motion and a second all those in favor say aye all those opposed okay congratulations we have adopted your amendment and you're ready to of present your bill. Thank you the bill simply modifies the the law concerning abortion clinics it Requires facilities to do any abortions to be licensed and not just those that are perform ten or more years. Do we have any questions to be finished okay you have any questions. Okay you're recognized. Thank you madam chair. I'm curious with the additional under section one B. through the rest of the bill there's a lot of new language in there but it's my understanding me we've already passed Senate bill six which is outlawed all abortions and except for the instance where the mother's life is in danger so I'm curious and if this is already low why this language is needed there's an assumption there's a there's a there's a possibility that that law may not be upheld and we don't we don't want to go back to the way things were for the next several years and we can come in to correct the law if that's not enough held. And if that's not it held then why would this be upheld. Like if it's the same language then I guess I can it just requires the licensing of elective abortions in the bill. And I guess it just it lays out what like that hospitals cannot perform abortions unless it's to save the life of the mother. And and then give the definition of abortion and say that's it you know the same language that we passed in Senate bill six. Yeah if somebody could bring answer that yeah yes please to get. If you would come for within a in the introduce yourself for the record. I guess this is already on hi and this my name is Erin Hogan with Arkansas family council all right. Williams can you hang on the director of governmental affairs at Arkansas family council okay you're recognized. I guess to try to answer your questions Senator this this and you're you're you're talking about the You talk about the second page of the bill I'm sorry. Subsection one where it starts at the and it's all the new language and in the bill. Okay yes hospital shall not perform an abortion unless the abortion is to save the life of the pregnant woman in a medical emergency so that's that's what it's adding yes. And just and that's specifically tied to the the licensing of the abortion clinics or version facilities in the in the hospital so currently you know as as stated there's only you only have to be a licensed facility if there's ten or more abortions so really right now local clinic could have nine DO nine abortions per month they get up to a hundred eight abortions without having to be licensed without having any a portion facility inspections or anything of that sort. How are they allowed to do so if you're not allowed to perform an abortion at all unless it's in the case of the mother's life being in danger that you know like previous bills we've passed out given number and it's just a flat out like you're not allowed to do it so I guess my question is how does this change anything or impact and when that's already the law. Well current second current law says. This this law particular it says if you perform ten or more abortions within a month then you must be licensed so this bill is bringing that number down to one and it's also prohibiting elective abortions at a hospital. With the exception of a medical emergency. Sorry madam chair I guess you. But elective abortions are not legal in Arkansas so do you see what I'm saying like what I'm saying is we already have a law that says you can only perform an abortion in the case of the mother's life is in danger so no matter what you cannot perform an abortion unless it's the life of the mother at stake. So I'm so what hospitals cannot perform elective abortions correct we'll sit center if you reform referring to SB six that that is not the current law of Arkansas it had no emergency clause. C. R. are you saying a. Are you saying that there may be a chance that Senate bill six will not pack will not of the the law. It will become the law but it might be challenged in so you're afraid that it might be it might to not be accepted it will not. Correct so so this is a safeguard against that yes so outside groups have already said that they're going to challenge as B. six which is why I think this body has passed you know the informed consent for chemical abortions the redoing of FDA protocol so on and so forth knowing that to that law may not stand so that we have to still continue to move forward. Yes thank you. I guess just not my to follow up to that is that there's also no emergency clause on this bill either so it won't it has there's no bearing there and also the the same language is used here that's an SP six which outlaws abortions except in the case of the mother's life being in danger which is that language that's in question legally that we challenge so if that is struck down by the courts then it I think it's probably safe to assume that this would be if if that language is that held by the court to be safe to say that this is as well so either way I have trouble understanding what the purpose of this bill is if work we've already passed a bill to outlaw it under any circumstance except mother's life and this is the same language with no emergency clause either I guess that's where I'm having difficulty understanding the purpose. That of this bill like why it's necessary. It is actually the bill prevents back alley abortions of small clinics. The the language of this bill says a hospital that's the key word there's the hospital shall not perform. The abortion was saved the life of pregnant woman and medical emergency. If if the clinic is doing elective abortions. In the case that the laws not SP six is not appellate orders challenges not appealed then they have to be licensed. So revert back to that point the part of the licensing the inspections. And make sure it's been done. The statement. I hear you I just I guess I just. If it that struck down and this will also be struck down M. and challenged legally because it's the same if the legal argument is only having the mother's life and in danger then it's the same language what do you guys see what I'm saying maybe we just agree to disagree and that's okay but to me we've already passed a bill that does this and if it's you know if the court struck it down then this will be a challenge also and it will also be stricken and so. Or if they have a hole that it's already illegal do you see what I'm saying we just agree to disagree or are we not on the same page as either something or not so that we may not be on the same page because our specifically addressing the licensing from the department of health so before it was ten per month actually I think it was two or four years ago that we check it was previously ten per year and then we changed it to ten per month and so this changes that to one to be a to be licenses so they'd have to give will get a license from the from the department of health and encourage the inspections and the and the thorough inspections of the Department health does on the current abortion clinics. Yeah I guess I would understand this more if there is a severability clause in it so that if some of this was you know taking a court that at least the part you know taking it from ten or more women to just one would be held in the case of the rest of the bill is stricken because it's only for the mother's life being in danger that would make more sense to me if there was a severability clause in it And but there's not and there's no emergency clause I guess I just have a hard time understanding the necessity and of this bill and specifically because we've already passed bills a similar language thank you Medicare all right Senator Hammer you have a question thank you manager I want to on the hospital definition. Is I guess we'll try to get my mind around is a hospital. Is that all hospitals or is it just the the single abortion clinics can you expand on that. Yes that that is all hospitals in the state of Arkansas. I'm here currently licensed to perform abortions now. There are no hospitals license to perform an abortion. So why we use the term hospital then and at the trunk tray from around where we used the term hospital. Well. Okay I see what I see what you mean so the first part of the bill is addressing licensing the second let me see section. The part about hospital and that's just that is on its own as a separate from the licensing so that says any hospital in the state of Arkansas is prohibited from performing an elective abortion. Which state which they currently are now right. to the best of our knowledge we've. Not no now now they they maybe but. To the best of our knowledge I bill I believe that it is not it the they either are not or it's not common I'm not sure Senator Hammer but they would so if they if you don't mind if they if they did the hospital did like any abortion clinic more than ten per month and they would have to go and get the last same licensing that the two fortune clinics currently having currently here in Arkansas I don't believe any hospital has reach that standard. Okay thank you. All right. Any other questions. Right. Does anyone in the audience want to speak for against the bills. And yes miss music if you complete. Introduce yourself for the record please. Hi my name is Karen music I'm with the Arkansas abortion support network a one hundred percent volunteer founded and funded organization I'm here on my own time senators. This is a hospital we're talking about and indulge me a quick story. I'll call her Cheryl was in a terrible car accident ended up in the hospital with multiple injuries horrible injuries. Finding out the doctors found out through all the testing she was pregnant it was an early pregnancy. But that happens when someone has a car accident you might get caught in an accident and find out you're pregnant that way. The doctor can now take the totality of her circumstances into account and treat her as a human being. Deciding whether or not this is something she wants to do or not. When someone's in the hospital they don't lose their right. To their medical procedures. I would urge you to please not pass this bill thank you so much would you answer questions S. Meeks all right Senator Hammer thank you committee chair. Right so testimony just minutes ago was it used to be up to ten but if save. Grab a hospital on anyone but rather hospital they have the situation that you just mentioned and this bill allows one per month is that your is that what you're saying is that they had three accidents were three women came in pregnant and that decision had to be made once they did And up in you guys can weigh in once I hit that limit a one they couldn't do the second or third one after that for the month is that your position. That's the way I understand the bill as I read it is there something different I'd like to know. but the way I read it is this the intent is to not allow hospitals to offer care for their patients that are pregnant and wish to terminate manager could they answer that if you don't mind please please. Go go right ahead. What the bill there's an exception for as it's always been for medical emergencies so any any hospitals will still be able to perform abortions in in emergencies and and with the store that was just told that would fall under that I would assume. Thank you Mr king thank you miss music appreciate your time all right any other questions from the committee. All right seeing none. We have already Heard from the only person that has signed up to speak against the bill is there anyone that wants to speak for the bill. All right seeing none what's the pleasure of the Committee I have a motion to pass I have a second all those in favor say aye. All those opposed congratulations you have passed your bill. Alright ladies and gentleman look at your agenda and if there's anything on the agenda that we have not to discuss the please let us know quickly. All right I don't see any other business for the committee we are adjourned.