Public Health, Welfare and Labor Committee- House

Since the agenda if you object will move on to the regular gym representative Dotson you're recognized. Michael on. Last. Hello testing testing S. B. twenty seven. All right so we have an objection to SB twenty seven being on the consent agenda so we'll move that to the regular agenda. Representative Gonzalez you're recognized. S. B. two fifty nine you want to move that to the regular agenda. All right. Okay any others committee. I see no other objections the other bills will be approved to be on the consent agenda. All right members the first item we have on the agenda is HB fifteen eighty two representative Hodges are you ready present your bill. You're recognized. A person button on the side. Members you all may have to push the button on the side only maybe all turned off the representative Hodges you're recognized to present your bill thank you Mr chair is it okay if I ask Dr the representative Johnson to come up here yes it is the case you have any technical questions if he's willing. Representative Johnson says it's not your bill would you introduce yourself please. A representative Lee Johnson district thirty five thank you. Okay all right you're recognized thank you Mister written Monte Hodges district fifty five and then bring to you guys House Bill fifteen eighty two is not a controversial bill in a very none complicated bill it was brought to me for one of my constituents who fits to happen to be a doctor it is ironic because the day I received a text I appreciate broke the cloud encryption Johnson for co sponsor of the bill the day I received a text from my constituent about bring the fifth legislation of walking up the House chamber in both doctors Jonathan and adult Kalau Walker with me now like the the the two physicians so they they would that they have the expertise let me ask them the questions so I showed a technique like I think a great deal in the doctor Johnson help to get it doctor cook a cloud agreed to to vehicles by fund so I appreciate you guys and then basically all this is doing is allowing doctors physicians to renew their license for two years they have the option to do the license for two years rather than the one year they still have to get do they continue education hours and pay the fee and they were still have to follow all the other guidelines they just have the option to renew it for two years rather than the one year and my wife sorry and they can they can they can now renew their license for two years but positions can't this is given the option of just like would you driver's license you can renew it of multiple years as opposed to just a one year and so I know provision of busy allow oftentimes this would help them go ahead get it renewed no what we're about it forget it after year do it to yourself that's pretty much the the the the gist of this bill. Thank you any questions. Yep representative Gonzalez you're recognized thing Mr this position license agreement to a driver's license. The state that. That's a serious of it the continuing education it is it still required to be done every year or do they have to the end of the two years to complete the eligibility required every year so so that they they they'll pay forty dollars to pay for you know forty dollars for if they do renew it for two years but they still required to be paid you yes so if they if they do offer to you the pay forty dollars they do for the one used to pay the regular twenty dollars. Yeah I guess I'm not really as the payment but yet on the the required hours into the overnight hours it be turned in every year or they have to the end of that they had added to your they would have to conference that have to the cumulative so we have the twenty hours a year okay. I know it's been forty but if you have that over the king the time frame okay thank you yeah I mean a twenty dollar limit forty forty hours they still have the forty hours yeah I'm sorry yeah. I'm. This quick stood calendar in our S. might have any other questions. seeing none we have no one signed up to speak for against is there anyone the audience will speak against the bill for the bill. Seeing none oh I'm sorry. What did you have a question representative. Well. All right of. So we would close for your bill I'll close the bill. Okay representive you're recognized for your motion. I have a motion do pass. All in is there any discussion on the motion. Seeing none all in favor signify by saying aye. All opposed nay. Motion carries a great selection of bills passed thank you chairman thank you committee next item on the agenda is S. B. eighty five. People. Representive glad you're recognized to present S. B. eighty five thank chairman thank you Committee Joe clad state Rep Senate bill eighty five simply amends ACT one one eight nine two thousand three so make sure you get that please it's an amendment Act eleven eighty nine put in Arkansas Code that prior to an abortion and ultrasound shall be performed to document the pregnancy and the location of that pregnancy. This current bill requires that the abortion provider to display the ultrasound image performed prior to the abortion so that the woman can see it if she so chooses the scenographer will also provide a verbal narrative for the explanation of what is being seen a record of the ultrasound image will be retained in the woman's record. The Arkansas department of health will inspect the records quarterly to ensure compliance there is a graduated penalty system which will be imposed for non compliance that's the gist of the bill be glad to take any questions. L.. And you know we found by studies that eighty five percent of women who do say in their alter sound often choose life instead of abortion so we could actually see babies alive today you know who it after your passes law that mothers see that alter sound and do change their mind so I would just ask you today to please vote for this bill has already passed the Senate overwhelmingly and now it's in the hands of the house and I would just ask you to please voted out of committee to the full House for thank you. Any questions. Representative Greg you're recognized thank you Mr chair so wasn't sure exactly when the proper time to ask this was because I'm not sure if I can come back to represent a cloud or not and but on page the bottom of page three it talks with the Department of Health shall quarterly inspect the records to ensure compliance with this section and so the records I'm assuming or the patient charts where we talk about in here that they have to be documented properly so are we essentially giving the aids are given department health access to hip a related records through this. Do you want me to answer that okay what they already have I mean that the abortion clinics are expected all the time their neighbors pro life laws that where the DHS the parks department health can go in and inspect those those files those patient records so they're doing that already this is just another piece of information that will be in their chart to the ultrasound image and the date it was taken okay thank you at maybe a something I need to work on thank you. Seeing no further questions thank you for your comments. to speak against the bill Karen music. Please include yourself in the represent. My name is Karen music I represent Arkansas abortion support network. One of the pieces of language in this bill says a physician or pregnant woman is not subject to a penalty if the pregnant woman declines to look at the presented ultrasound images. Why is it necessary to state that you won't be prosecuted for not looking it's because this bill is about prosecuting it's about prosecuting the clinics that lovingly provide abortion care. It's an insulting and shameful intrusion into the professional doctor patient relationship. Currently anyone who has an abortion can view the ultrasound if they wish. Some choose not to view most do and know eighty five percent of them do not stop because they viewed it some have taken copies to put of their ultrasound to put in a scrapbook. Some have taken a copy of the ultrasound to prove to the sperm donor this is been expense I've had to incur. But every step of the way the woman is given a choice by her medical providers. Ultrasound is a diagnostic tool used by a physician to give the patient the best care possible. It's horrifying to use a medical tool to make the day more difficult by forcing your words in placement of a screen where you want it not where medical professionals need it. And what a. To shame and devalue the life of a pregnant person and the medical professionals who helped them there's no other reason for passage of SB eighty five please vote no. Any questions. Seeing none thank you for your comments. to speak for the bill doubt he's ill please come to the table introduce yourself and who you're representing. Hello my name is don is out I represent Arkansas pregnancy resource center. I'm a registered nurse have been registered certain nurse since nineteen ninety one and most of my career I've worked in high risk obstetrics and I'm trained in limited I'll be able to stand I'm currently the clinical director for local pregnancy center a nonprofit that provide services to our clients free of charge services include pregnancy confirmation three pregnancy tests limited OB ultrasound and pregnancy options counseling in twenty twenty R. P. R. C. we pregnancy resource center performed approximately five hundred and ninety ultrasounds. Since two thousand and seven I've met with hundreds of women either considering abortion or seeking emotional healing after their abortion most women that sick or services have unplanned pregnancies many of which are considering abortion they come to us for information in which to make their decision women need to be empowered with factual information in which to base their decision. To have the abortion or to give life to their unborn child through adoption plan or parenting. In talking with girls over the years about their bodies and about their pregnancies I've found out the girls are not well educated about their bodies and their minstrel Sturch cycles of their fertility. And not about the real development. I witness day as I perform ultrasounds that women are amazed at just how developed their babies are at six weeks at eight weeks at ten weeks in the fifth week from their last menstrual period we can see the flicker of a heartbeat. At six weeks we can often hear the heartbeat seven weeks we can see arm and leg but it's eight weeks arms and legs moving and that baby wiggling nine weeks we can identify fingers and toes see hands moving to and from the face. Information regarding the development of their baby is part of the factual information these women need in order to make an informed decision shall we women ultrasound images explaining what is being seen and answering their questions should all be part of the basic patient education especially before an abortion. A decision have an abortion is forever Campion done in a woman's life is changed forever I had an abortion thirty three years ago the right before I walked into that abortion clinic I can still remember to this day that voice coming from the sidewalk saying to you know your baby already has the arms and legs. I was shocked I stood frozen I wanted more information but I was ushered into the clinic. That was the only information I received that day of my baby's fetal development. Women need to need to be empowered with factual information women need to be shown their baby on alter sound and informed of what they're seeing in order to make an informed choice and twenty twenty we witness over thirty women change their minds from abortion to choosing life once seen their baby on ultrasound so far twenty twenty one we've seen over a dozen make that choice. Abortion clinics as we've already talked about are already performing an older stand before an abort abortion to determine location of pregnancy make sure it's not ectopic tubal pregnancy to determine just station age to know what type of abortion that can offer and how much they can charge women are already paying for an order status part is the standard package of having an abortion for the safety reasons this bill is merely asking for the ultrasound images to be viewable and explain to the woman what she seen because knowledge is power it is only reasonable to give a woman all the information she needs including viewing or just down with an explanation in order to understand just how develop that baby already is before she makes the decision I'm asking you to please vote yes for this bill. Any questions from committee. Saying that thank you for your comments thank. to speak for the bill Richard Wyatt please come to the table in addition self and who you represent. My name is Richard Wyatt I'm a obstetrician gynecologist I'm. Practice in the little rock area for thirty years or so I guess I represent myself but also I'm on the board of Arkansas right to life on the medical director for a one of the crisis pregnancy centers here and I really couldn't. Put it may better than miss don R. has already put is that I really want to urge you to pass this bill on to the full chamber and you know the way we do the way we do alter sounds in my office is the way we are asking the state to require the abortion clinics to do alter sounds we do the we do an ultrasound on their first visit and the the the screen is a is a big screen TV fully viewable to all present in the room and the the ultrasonography goes into great detail what she sees The abortion clinics even if you make them have the screen visible they're not going to know what they see you you for here and last year you had a baby recently and I don't see any that maybe have would not know what you saw on the on the alters on the you know the images of the ultrasound so I think the part of the bill that requires the description is necessary to enable the the clients I think is what the abortion clinics call them to know what they're getting into and that that you know they see that the this baby as she described it seven eight nine weeks has parts that would you know you can identify that this is a baby and so I I you know I have been a big presentation but I think miss Donna has really gone into great detail about why this bill is is necessary and I really urge you to pass this bill on to the full of chamber. Any questions from committee. Thank you for your comments. All right saying no further anyone else here to speak against the bill for the bill. Seeing none are you ready close for your bill yes Sir thank you Mr chairman just like to address one thing that was brought up to that this would make it more difficult would submit to you that we would all agree that this is a very emotional time for this lady and a very vulnerable time for this lady and for us to mandate that she has to take the initiative to try to get this information that that would make it more difficult this this puts more of that participle on the abortion provider to make sure this lady has the knowledge has the information to make an informed decision and that's what we always go for medicine so I would appreciate your favorable consideration and make a motion that we do pass. The committee a motion on the floor is do pass the discussion on the motion. Seeing none all in favor signify by saying aye. All opposed nay. The eyes haven't resolution your bill is passed. Next item on the agenda is HB sixteen eighty seven representative Penzo you're recognized. Thank you Mr. House Bill sixteen eighty seven those two things that allows home health care services to cover a hundred mile radius around there office and also provide prevents the requirement of more than one office in the State. Anybody. Can you help me here there's there's two groups associated with this if I'm correct some have counties and some have radius is or areas is that correct I'm on the wrong base here can I bring it Casey Castleberry D. on the table yeah. The. Please introduce yourself and who you represent thank you. Aceveda lawyer thanks for opener but. My name is Casey Castleberry lawyer from Bates full and I represent genesis partners who is a home healthcare provider in Arkansas of two questions currently the licensing system is set up where you have a license to provide skilled Services of home healthcare services and you're authorized to provide those services within a fifty mile radius of the location that's identified in your license and only in that location and what this bill does is provides consistent with the the way that the non skilled licenses are already set up which is if you have one license you can operate anywhere within the state so long as you have location or branch office within a hundred miles of where you're providing that service so the purpose of this release to make the skilled consistent with the existing requirements for the non skill that was my question makes it equal that's correct okay any other questions yes representive you're recognized Gonzales thank you Mr you know when the last time that a home help license was issued in the state I do not I do not know that okay Does the health department or anybody could answer that. You may hear from the health department they can answer that. If you want to. I believe I was advised they just issued one in Union County notoriety yesterday. Okay I'm just I'm trying to figure out the the certificate of need issue and what what what what exactly we're doing here while we're doing it what is the need to go outside of that fifty mile radius that we're currently in so the the the purpose of this is right now we have what we feel like our arbitrary boundaries where within which we can provide services this bill would allow skilled home health care providers to provide services throughout the state we think would increase competition would be good for for the citizens good for the patients and and hopefully provide better care as a result of that competition. If I might add to that the representative Gonzales I have personal experience with my sister to wear a Care giver quit the company that was taking care of her and started searching around and they're like what's outside of our coverage Jerry we can't take care of you so we were we were stuck for a period of time without coverage because because of this amenaza constraints but if there's other people out there that experience in that a man I pretty much you know took up weeks of work to stay with my sister and it was this is stress on the family so I mean there's there's other things to it besides you know just you know the market it's it's also taking care of the clients that need to be taken care of. Follow up. Yeah your record of some of those of that and I appreciate you bringing that up because it kind of. Your points when I was talking about the the need is there if the need is there to bring in more providers if we need more more home health care it looks like what we're doing here with this bill is only allowing the ones are currently operating in the state to continue operating not allow anybody any new competition with those providers and so I guess maybe I ask my first question wrong maybe I should ask when was the last time a a new healthcare provider was licensed in the state not just the ones in the state being expanded so. By the I think and I could be wrong I need to look to confirm with respect to the the the agency was license yesterday but I I don't believe that was an existing license the I think that was a new license but but but to your point is a good one and to your point if this is the needs of the citizens are not being met then there still can be new providers added to the state you're you're correct that this bill currently applies to the licenses that are already issued so if you've got a license issued today after this bill if this bill is to pass then it would apply to the existing licensees but again if the existing licensees are not capable of meeting the the the needs of the of the citizens of Arkansas the patients around Arkansas The New licenses could be issued. Okay any other questions. Okay seeing none. Okay we have one other person signed up to speak for the bill. Rick still. Hello thank you riksdaler but representing genesis partners I'm currently in I work in the home health the skilled home health industry and I can tell you that there are many many benefits to to the passing of this bill with a couple of which I want to speak to very quickly number one is nursing staffing issues you guys have probably heard there is a there is a shortage of staff when we're operating with a fifty mile radius it's like a wall is built around I'll give a real world example in Marshall Arkansas my license covers Marshall but I can't really hire staff there because they can only go in one direction right and if they could go in the other direction I could have staff there and I can have a better access to care one of the bit one of the biggest issues in there there isn't a significant the there there's plenty of licenses that would technically cover the state but what you run into in these nursing shortages in the skilled provider shortages is that the one that's licensed in that area may not have the the discipline that that the patient would require to be able to stay at home staffing is a huge a huge issue you know and being able to to pass this bill would certainly help with the staffing peace and in the end the end being able to offer full fulls disciplines a skilled care for these residents. So are you associated with a hospital or you separate I am I I currently work for a medicines home health I'm we're an independent company who we per we practice right now in somewhere near forty states I believe in Arkansas we have five care centers and it's primarily Van Buren northcentral Arkansas right now and down towards Texarkana De Queen areas another place where we practice. But I'd us but a lot of this I speak from from my experience and in home health being in this industry for about thirteen years now as a citizen I can tell you this is this is this is good for Arkansas this is good for our people. Any questions from committee representative Greg you're recognized. Thank you Mr chair just a question I'm just curious as you talked about you that you're operating in forty states. Is there any like a majority of states do it one way or the other words Regionali store statewide or is it just a mixture of all throughout the states it is definitely a mixture there have been in the last five years or so doing my research I've reached out to people within our company lawyers and people who who work with the with the legislators in various states they're they're they're seeing more and more changes happening to alleviate some of the C. O. in requirements so that so that you can so that people can spread out a little bit and the C. O. in is very very important I mean is it when we stack up when we stack up outcomes when we stack up patient outcomes people actually getting better readmission rates for hospitals much lower in seo in states than non CO in states we do definitely need to expand because of the nursing shortage for the access to care for the disciplines but we also need to make sure that we that we guard and protect the CEO in which is which is going to definitely help the companies provide a better level of care the statistics in our company prove it out beyond a doubt. Representative Gonzalez you're recognized they Mr so so help me through this I I hear you say it's important to protect the CEO in but also there is more need throughout the state so help me get through it's not you say and you'll help us walk down our business in the state and let us grow in the state but don't let it and anybody else in with the way this bill is written. Yeah the CEO in the C. I. I will still I will maintain definitely that the CEO in is very important and and really where it's important is just is simply an outcomes the the the we know it it's not a free market we don't we you know we don't have different places where we're going for business we get everybody that's in this industry gets paid from the same places essentially and it's not a bidding war it's the mean the money you know what you get paid is what you get paid but what you run into is you start you start. You basically hijacked the ability for for solid prescreen pre approved well known entities taking care people to to a more of a you know to a more of a competitive environment where where the where the nursing shortage is is is even highlighted even more because there's more people competing for them and again even under the current circumstances you know I just have to reiterate a given example I Arkansas CO in state or thirty day readmission rate the hospital's a seven point eight percent Oklahoma is twelve point six percent for their thirty day there are non CO in state taxes eleven and a half percent non CO in state those are small examples I don't want to take up a whole bunch of the time but according to our research and what we're looking at here this isn't about locking down business only nine percent of people who call it who are on Medicare get home health I mean we can we can increase marketing we can create more business the issue that we're having now is even serving the nine percent that are there so the the the the problem is is is the nursing issue it's the it's the getting the disciplines and some of the more rural areas what you're gonna get in a non CO in situation is you're gonna get a lot of competitors that are going to come to your metro areas and they're not really there and their goal is not to serve the citizens we we have we have the desire to do just that. All right any other questions. Seeing none is there anyone else here that will speak against the bill. For the bill. Seeing none you a close for your bill I am I just I just want to make sure that we don't get this tangled up in the certificate of need issue I mean that's that's something that the you know to to approach this issue it is you know to increase access and go after the certificate of need you know would be a fight this is this is a way to increase access for our Kansans without you know running into a brick wall so to speak so that's that's why I'm behind this approach just make sure that there is a little bit more competition a little bit more access for individuals healthcare is not a free market you know a lot of us probably think it should be more of a free market and you know that would probably improve healthcare costs in the state and it you know but but that's not where we're at right now this is just a way for us to improve access without having that fight right this minute. With that on. Close for the motion to make a motion to pass. Okay I have a business in my district. That has a similar problem the what represent pencil talked about and if they get an expanded area they would be able to provide rule county south of Jonesborough Cross County some those or is that really don't have service right now so I think it's a good bill any other discussion on the bill. Seeing none motions do pass on favor signify by saying aye. All opposed nay. Motion carries a great selection your bill is passed thank you Committee. Okay committee we're gonna skip over it S. B. fourteen in and will move that to the agenda the next the next Tuesday. And we're gonna move on to HB fifteen sixty four. Representative Hawks is he here. This is Hawks not all. What the we can pass over and and maybe she'll be back. No this is Spencer Hawks. Hello this is Spencer. Yeah this is Spencer Hawks. This is plural this is perilous is more than one all. All right we'll skip over that if the if the representative Hawks comes in we'll let him on the bill and representative Lundstrum had to go over to judicial to run a bill she text me said she would be back so we're moving on down to H. B. sixteen sixty four representative gray are you going to present that bill. You're recognized. Thank you Mr chair. Someone in this bill for being bought representative ought to think I've read all of her bills in here for her. And this bill amends existing state language to clarify limitations of the authority of the environmental officer program that was established in two thousand nineteen and I believe I have some folks here from eighty Q. if you guys have any questions. I make is a short as I can have them. The proposing the following amendments for work or what I'm going to call the eco or environmental officer program PO for short these changes are predominantly to make clarifications on the intent of the code that current provisions in this subchapter allow io's to enter public or private property to obtain information collect evidence of suspected illegal dumpsites littering a related complaints this language has caused a recent ring recent enquiring Eastham to ADQ from io io employers and other law enforcement officers and prosecutors about the lack of Fourth Amendment limitations associated with the searches and seizures them I had my language here had the and I remember last session we passed this we thought this was an issue but we didn't catch it until the sanity and they went ahead and passed on the city and so part of this is us trying to clean that up and essentially put some railroad ties as to why someone can or can't while they can or can't go on to the property. And they've also been notified and legal change challenges to rescind EO searches in the district courts and the resulting judicial demand to clarify the statutory language on search authority for io's. And these amendments include the requirement for probable cause for any search and seizure the requirement that such probable cause be associated with environmental violations as defined in further clarified requirements for procuring a warrant for searches when it own it tenet denies consent and limited exceptions associated with warrantless searches. Have. Concede eighty cues also receive inquires about why he chose to not have the ability to site persons for all violations in chapter six of title eight as well as violations for open burning many of the currently defined environmental violations are related and should be cited by the io is violations of the applicable Arkansas solid waste management act the Arkansas littering acting open burning violations dealing with the illegal disposal of waste. Current law gives the E. owes authority to obtaining collect evidence but io's can't cite violations for littering illegal disposal of waste open burning and other related complaints and these amendments clarify that io's can cite these violations when observed. One last thing io's currently have the ability to file an environmental citation in the District Court where the violation occurred because the current law allows for a court's imposition of criminal penalties as established in Arkansas Code which includes felonious criminal penalties ADQ feels compelled to amend the current law to allow for courts of competent jurisdiction not just district courts of limited jurisdiction you can only hear misdemeanors here the citations just see although I have actually no idea with that last paragraph means so you guys can ask questions on that one but that's essentially my presentation that way for questions. All right committee any questions. Representative Payton you're recognized for a question let the record reflect would like seven or eight bills in before I ask a question that's good. So if the E. owes what qualifications do they have as. Raining as police officers were given him some police powers here on just over modifying their police powers but I'd like to know what training or qualifications they have if I could get out and he mentioned that I believe is a would you introduce yourself and who you represent and we set that up last session but go ahead. Thank you he did an excellent job by the way thank you my name is Michael we're paying with the department of environment. The the by mail officers that are referenced here are code enforcement type officers they get training and certification through the southern Arkansas university tech environmental college. They take the corsair and in their case should by the department. And that's the training they have before that there was no training at all available form so I could be accomplishment officer just by being a good friend with the mayor and hire me kind of thing. Follow up yes you can so. They at the act on a complaint or suspicion or something and. They have to have probable cause to get a warrant I would expect are they going through the same chain to get a warrant to a police officer or somebody would when they're coming on to private property and you know as you mentioned the constitution has some protections there if it does and we're trying to make sure that is very clear what they can and can't do through the educational process as well as through their training. the so called enforcement officers there are already employed by the cities and the counties. They're not D. Q. and police we don't have any control over we're just a a resource to them. So they will be like for nuisance laws that counties have or cities have them for so now all we're doing is providing the parameters for an expansion of their ability to do code enforcement for littering dumping and providing them proper training so that they can write citations and. When they ratification typically they give the ability if I clean that up in ten days then the citation goes away kind of thing so. Thank you question well I hate to misunderstand you so I sounded to me like the Department environmental quality is deputizing all the code enforcement officers in the state no Sir no no we're actually a resource to those and what we don't do the training if that's done in the family by us in our Arkansas university I am by mail college. If the and and none of this is mandatory is all It's all voluntary. what we've been doing over the last two years is working closely with law enforcement who has needs to enforce some of these environmental issues and we've been working very closely with them to get Places claim that we did when creating that Congo with a mayor at their previous mayor. and other small towns where they don't have the resources and they're using the law enforcement but. Okay. If I can have one more only one more okay so. What. So who. Who hires and fires them it's nothing that they had not been doing that for you the city by city can hire code enforcement officer and if the city wants them to be trained and to be able to rights citations they send them to death their choice to send them to the environmental college to get trained we provide a at test and if they pass that then the PC any commission certified from thank you thank you Mr representative Gonzalez you're recognized for a question a Mister on page eight lines eleven through fifteen to talk about a fine of up to twenty five thousand dollars and. Situations where a warrant is not constitutionally required can you give me some examples of when that might apply and lot twenty five thousand dollars it seems kind of kind of state. At the federal issue yeah so. If because we represent this is that's strictly for. that strictly for the department of environmental quality inspectors so if a DQ representative went out to a an environmental site that was questioned and we said we've got a complaint on this. And they didn't. Let us all we would make them aware that this there would be a penalty if they denied us we had a case of this recently. Where someone complained about their neighbor we went out unbeknownst to us or them they were litigation and he wouldn't let the song so our attorneys had to make the phone call back and forth but it that's what that means is there's a penalty between if you deny us then there's a County. So in in that situation and we're talking about private property with that that doesn't require a warrant. But we we can go get a warrant yes if he denies if we have to go and get a warrant yes Sir okay so what have this section in here at all if you can get the warrant and search the property I don't. Trouble understand why that needs to be there I believe that's that that's been in there from the past no this all new language that's not been there. I have to take your if that representative comes out less. You don't have to you can look at the bill and see it all underlined. I stand corrected. Apparently there have expanded that ability to the environmental officer. Okay. Mister chair I hate to do this but I'm actually gonna pull this bill down. And I know I've not talked to this about a talk with him about this I've not talked to representative ought but I actually see a couple issues in this bill that if I were on the other side of the table I would not be okay with so I'm going to respectfully requests to pull this down and maybe we can bring it back next week with your approval. All right I approved thank you sorry number of fun if I we want to write that if our clean it up yes I know thank you. All right representative ray you're recognized to present HB sixteen eighty nine thank you. Such a joy to be around the states all right. So this one vote next week. Sorry you're welcome thank you so this bill it's all temporary language do not codified language so representative all at a not a representative Gazaway I think words yes still the three on it we actually filed something similar to this last session and to deal with mental health issues in the state of Arkansas since then I do want to say that the passes have all come been up and functioning since last session and so I don't see some of the issues that we were saying before I don't see as much of that we want to go ahead and do this and just see if there's anything else we can do is a state so what we're doing is we're setting up a bill or we're calling it's a study on mental and behavioral health it's no new board no new commission advisory nothing it's all under J. P. R. which is already set and we're just asking that they meets every every two months is every two months or more often to study mental health in the state of Arkansas and what we can do as a state to help facilitates better outcomes whether that's do we need more inpatient beds do we need Medicaid to approve additional services and I can tell you this all stems from This is essentially from a lot from suicides that we were having around the state I remember I would draw up to representative Gazaway it's district and met with the family member whose it took them home and they which struggled for several years with a family member and they finally got or admitted somewhere for like the third or fourth time and and she jumped out the back of a moving ambulance and and did not make it but just the journey to get her in the ambulance to get her to that facility was days in the making so that's kinda what prompted this so it's no extra money nothing like that and it's just something that to see if we can do something as a state to to help facilitate change. And I don't know of any opposition I've had a lot of people ask me what our intent was and I've been very clear it's not to be punitive to any providers in the state it's just to see if we as legislators can do anything to help them pretty much. All right any other questions. I guess I've got a question why couldn't this be done through this committee or subcommittee of this committee. I think it could be Our issue. Was three honest with you Senator Hickey every which way we tried to set this up and this is where Senator Hickey wanted to put it so that's what we did. We could all sit here thinking I mean we could probably switch it to this committee if that's something that you guys would prefer today. I mean does the bill address who's appointed to the. To this group no it's the entire systems of the entire committee adjacent digits just so it's all of JP are committee were just essentially of directing that committee to do a study on mental health. It just seems like this committee would be better qualified to do that I. Yes at that's I just what the study done And I would not disagree with you that this might be a good place to put it. Your. Jointly with Senate. How many bills your committee pulled down. Well if this if this committee did interment would be a joint committee legislators and representatives and we have three subcommittees of this committee the committee. So it it could be given to the one that you were chair of last time I think I know what I don't think we met So. This is very nice suggested you go back and talk represented by and see if that's a viable option yes Sir I'd be glad to do that I pulling this down thank you very much thank you. Okay committee we're down to. S. B. three seventy eight a representative Gazaway. You're recognized. The Bill pass we're moving. Thank you Mr chairman committee this is the companion bill that went with the emergency powers bill that we've already passed SP three seventy nine basically what this bill does And I want to clarify at the outset that this sets up in general moving forward how will deal with unanticipated discretionary funds that come from the federal government. Related to a state of disaster emergency that's going to be moving forward. The big question committee be probably have is how does that apply to where we're at today and it's my understanding that there's upwards of a billion dollars coming into the state likely within the next month or so in relation to the Copa nineteen pandemic and and state disaster emergency my understanding is that there's going to be in a separate bill. That's soon to be filed that's going to deal specifically with that but the so this will not be the bill I think that will deal specifically with those funds but this just sets up going forward again as a companion piece to the SP three seven out we already passed this deals with unanticipated discretionary funds from the federal government an anticipated means that they were part of the regular budget better something that. Comes about because of an unexpected emergency discretionary means that they're not already earmarked for a particular purpose or the federal government doesn't pass them down to us with the stipulations on how they have to be spent. What the bill says is is that it is when those funds come into the state the chief fiscal officer the state has to submit a plan if for in session that plan has to be submitted to the Joint Budget Committee joint budget committee will review that plan can approve or not approve that plan make recommendations if were not in session then that goes to a LC and that same process applies with respect to those funds and how they would be spent would be reviewed by a LC. And with that I'm happy to answer any questions. Any questions from committee. Seeing none of we have no one signed up to speak for against the bill. Three one the audience speak against the bill. For the bill. Seeing none you a close for you will I'm close for the bill would appreciate a good vote representantes you're recognized. I have a motion of do pass any discussion on the motion. Seeing none all in favor signify by saying aye. All opposed nay motion carries congratulations bills passed thank you Mr chairman thank you Committee. Okay we're gonna skip over HB sixteen seventy six. Okay committee since we have moved S. B. twenty seven from the consent agenda to the regular agenda. that's next on the agenda. S. B. two. Okay representative Dotson I think he goes to the regular agenda but I understand your point that someone might want to be here so we'll move it to the next regular agenda rather back to the deferred so we'll do that with both of the bills that were taken off consent and that's S. B. twenty seven and SB two fifty nine so they will go on to Tuesday's agenda. Okay the next item is H. C. R. one thousand and three representative Gonzalez. You will pass over okay. Remove. All right we'll move that to the next agenda next Tuesday okay we're on to the consent agenda first one is a C. R. ten ten representative hawk. Representive you're recognized to present your resolution thank you chairman Ladyman that thank you members of the committee I'm here today on behalf of constituents in my district ninety one they live in Rogers Arkansas Stephen and Betty have call law lost their son Stephen junior at age twenty four was a university of the Arkansas engineering student he died of an overdose of after drinking. Poppy seed tea that was contaminated with poppy seeds and had a Beck basically a morphine overdose this is a problem that is a nation wide I have information I am might just passes down. wait wait just a minute is that from someone else. From the center for science in the public we I need to review that for you have any handouts. I learn something every day. Thank you for your patience you may proceed The consumption of poppy seeds has directly affected many in our communities and a devastating way the utilization of the sedative alkaloids tarnished poppy seeds represents a considerable public well being danger that has been neglected as part of the overall narcotic scourge this resolution from the State of Arkansas as a joint resolution between the Senate and the house with Senator Cecile Bledsoe as the Senate sponsor this family is also in her district is asking the FDA to issue guidelines and direction and building up a greater restriction of sedative alkaloid defile meant a poppy seeds and make other vital moved to guarantee the health safety and protection of imported poppy seeds it's a rather long resolution very detailed but There have been a number of over overdoses and deaths as well as injuries related to this problem and this seeks to because it's a federal issue we're encouraging the FDA to come up with guidelines to. Inshore. There's a maximum limit of opiate alkaloid contamination of poppy seeds and ensure the safety of imported poppy seeds and to issue import requirements and conduct a testing. That'll take any questions. President Wardlaw you're recognized for a question thank you Mr I can. The sympathetic to what this is trying to accomplish but this is just an resolution to work alert the federal government right and ask them to make yes and so senator cotton actually has a bill on the floor of the house right now we're hoping that we could encourage them to move on on that bill. But this is more up asking the FDA to take some action. Thank you thank. And the other questions from committee. seeing none we have no one signed up to speak for against the bill any of the resolution anyone here to speak against the resolution. For the resolution. Seeing none of you a close for your resolutions I'm close for the resolution was will of committee. I have a motion do pass represented Dotson any discussion on the motion. Seeing none all in favor signify by saying aye. All opposed nay. Motion carries congratulations representing your bill as fast. All right committee we're gonna move on down to the C. representative Cozart is represent. Is he here. yeah he went home I'm sorry he told me was going home we're going to pass over that H. B. sixteen twelve. We'll pass over that one. Next on the agenda is HB fifteen twenty representive Allen you're recognized. And there is an amendment coming around. Thank you Mr chairman. Representan Allen do you want to talk about your amendment you have a copy of it there I do. this amendment only adds students to the bill there were some students that were impacted by this law before it became law and we have they have that they were intent they were attending occupational schools and what happened will when the law went into effect because someone have a criminal background they couldn't get the license but they have already Apply for the loans they had thousands and thousands of dollars in debt and so subsequently they could not get the license so this amendment this includes them. Okay have a motion to adopt the amendment and discussion on the motion. Seeing none all in favor signify by saying aye. Those opposed nay. Motion carries your amendments been adopted your red recognized to present your bill as amended thank you. Covering miss Milton to the table also as a yes you may. If you would please introduce yourself and who you represent. My name is going to listen I'm campus president for Arkansas college of barbering Arkansas technical school in Arkansas the school. You're recognized to present your bill okay thank you today members are bring before you bill that deeply impactful of bill for all a few people in this state many you will remember Act of nineteen ninety eight which was passed in two thousand nineteen the Bill prohibited of people who have committed certain serious offenses from hold and an occupational license this bill fifteen twenty protects people who received a license before ACT. Nineteen ninety became law a grandfather those the and who had who had held the license before enactment of this disqualification to change will only affect those who gain bill license fairly and lawfully when they apply for them. This is not simply give a free pass to provide any loopholes a bill to keep committed serious offenses to qualify for this exemption a person would have to hand complete initial waiver requirement receive the license previously required by law this only with a five to the people who have been previously fully licensed in the state of Arkansas this bill help people who helps people who have so so so absolutely retirement society and have entity and have earned the ability to. To make an honest living these this rewards people who have already done everything right and make it so they could have all. A reasonable amount of time to get the license and to make a Ernest Lewis this basically what the bill does. Sorry I was catching up. Speaker are you finished finished about the the if the okay with that Committee miss bills and can make a few comments. Okay seq go ahead introduce yourself and make coming on. Our campus president for Arkansas college barbering Arkansas taken school in Arkansas beauty school in mixed up sometimes I was first hand witness to win this bill passed the devastation it calls for our students who were enrolled in school literally the students who most of them had good attendance and were getting ready to probably into the middle of part of their their training we're told that they could no longer come to school because they would not be able to get a license in the state of Arkansas what this did was devastated them because they have taken out student loans a federal student loans and they now all those student loans back because once you have been out of school for six months those loans go into repayment the students then are dropped from the school and of course by our regulations we have to treat every student same so just because the student was dropped because of a felony of the school still have to apply a debt to the student for tuition fees that were not I'm not paid to the school so now you're having double duty of in the school as well as going the federal government it prohibited the students from really being able to even go to an and other state and finished because in the state of Arkansas if you owe a balance we can't release your hours so you either start all over again or you're not eligible for financial aid until that balance is clear it devastated our graduates who actually graduated and were out working in the field and had a license and they were told that their license would not be renewed once it expired so they were there their way of living our way to earn income was taken away from them with. Nothing that they can really do about it so I hope that you consider this and realize that this bill helps those students and it doesn't give a free for all for those who have committed like heinous crimes and want to create a loophole it is simply allowing these people to continue on a path because they they were on the right path and it was snatched away from. Dotson you have a question. Yes thank you madam chair so if I'm understanding this correctly. The the prohibition that was enacted it's. I'm trying to trying to read it and right now because he didn't included in your bill but under a. Seventeen three one a two a is what we're looking at right this is providing an exemption from. Whatever's in a there that is prohibiting them from getting a license. To which repeat your question you're providing a waiver so according your bill if you look at the top this is you're saying we pass something seventeen three. One oh two a. Which. Trying to look it up in the code to see what that actually did but you're providing a waiver to that law or that statute that was passed previously that that a part of the law. What what all was included in that because I'm. A. for waiving the requirement for that just trying to figure out what we're waiving the requirement for. I have the opportunity to discuss this with Represent Cozart and with the bureau and I don't have those occupations that that form of a bill right now but I was told that after we've looked at them that it did not adversely impact a lot of people. Okay at think of finally got pulled up here. A. says an individual is not eligible to receive a hold a license issued by licensing entity if that individual is pleaded guilty or nolo Colin dear contendo contender to or being found guilty of any of the following offenses and then it. List Capital murder murder in the first degree manslaughter it goes on down the list what your bill is providing exemption to that so those folks that have been convicted or pled guilty to those things can now get licensed. My bill says if they had a license. Prior to this prior to this act in two thousand nineteen not after that they have have license on or before the law was enacted in two thousand nineteen so okay so this is only for those who held a valid license prior to July twenty fourth twenty nineteen right or were in school right an eligible at that time that is correct okay thank you. Representative Wardlaw you're recognized thank you madam chair. Hey the reason these things are restricted in the first place is for people to have a deterrent to crime right in my my issue with this is is they knew when they committed these crimes that represent Dotson named a few of them that they wouldn't be eligible for certain licensees. So doing this are we not taking some of that punishment away for the serious crimes and I mean use the word serious crimes all use it in my statement but I feel like by doing this we're putting folks in contact with people that they may not should be in contact with like a sexual crime your allow me to be around people as a barber are you allowed to be around certain people certain populations that they're barred from because of those crimes and so I just don't want to cross those bridges with this waiver so make sure we're not okay of this the the people that this bill is going to impact are the ones that are already they are the people that you talk about they already had the license I understand that but the intent of the bill in twenty nineteen. Was to keep that from happening and they lost their license because of that correct. They lost their license because of the act in twenty nineteen. No Sir they did not lose their license if you look at the the statue there's about twelve of felonies that you could not receive a license for in the state of Arkansas even if you were I mean prior to this bill at happening so for instance in the barber industry if you had a sexual offense or you are registered sex offender you had Capital murder you could not go to school for the old up soon you could not be enrolled in school if you have those licenses what ACT nine ninety be it with expand on the felonies that were under that so these students who for instance we had a lot of students that might have had a drugs charge with them they were in school in actually getting trained to become a licensed professional and because they have this they were no longer allowed to continue but under ACT nine ninety so prior to ACT nine ninety if you have one of the first serious offenses you were not able to get a license in the state of Arkansas anyway you could even enroll into the program to get education. For that. I think I think you just made the same case I was making. But I appreciate it thank you madam chair. Representative Payton you're recognized. Thank you I'm I'm having trouble understanding it also but. Could you tell me if I'm if I've got this part right. We have a list of offenses that disqualified on we broadened that list and there were people already in school who got caught in that net when we brought in the list and you're trying to. Get them an exemption to be licensed or just an exemption to pay their schooling or or with we're trying to get them an exemption to continue on the path to last and they had already doesn't demonstrated that they were capable of finishing the doing the program and because they had a prior offense then they were pulled from that path so for instance if they already paid their debt they were pulled from the past to continue on to their lives so we've got that right. This is the law of the it's not being changed here says the licensing entity may waive so so why can't we leave it up to the licensing entity to to waive that and go ahead licensing. Right now phrases the problem that we're seeing with the bill the way it is is if a student comes in and wants to enroll into school that licensing agency for put it this way the bar board the condoms College Board even though they're in the same industry they have two separate lives we were still able to enroll students in the cosmetology until January of this year however the barber school came in said no immediately you have to pull the student's away so I will tell my students that were already in school exactly so what we're seeing now is there there's confusion between the two entities so for. How do I say this. With the cosmetology school it took. Longer for them to to push this through like bay they continued on throughout the year to let the students continue then in January of this year they came back and said Hey you cannot have the students the and they got pulled out while the barber students when they were pulled out immediately when the law passed so it if the elasticity in eight is the is unclear as to what their powers are under it and they're still enforcing it there is not benefiting our students what else so let me ask you this does the licensing entity have the authority to go ahead licensee's students that were caught in the in the change well we're still waiting for the process with the guys and see board that's what I'm saying is understanding that may not be doing that but the way I read the code that have the authority they have the authority but they're not okay X. at this point they're not exercising so they have the authority to do it trying to compel them to do it yes okay thank you. Representative Dotson you're recognized. thank you madam chair and. You may not have this list in front of you but I and I understand what you're doing I think I understand now what you're what you're attempting to do and and I'm very sympathetic to it but out of this list that I got pulled up here there's thirty six different offenses in that code and you said there's about a dozen or so that were previous so it does expand it to thirty six. What do you have any idea what the doesn't it were I believe is the first of twelve or so that are the ones that were in there the capital murder the registered sex offender I don't have the list in my head but yeah is most of those I've got I've got it pulled up now so I can look at the the next two dozen. And see thank you. Okay saying no further questions and I don't see anyone signed up to speak for against the bill is there anyone. Okay you're recognized close actually I'm close. Okay what's the. Those are the committee the. I have a motion do pass of all in favor the much awaited discussion on the motion I'm sorry. And without. as amended a a do pass as amended. any discussion on the motion okay all in favor of I'm sorry representative Greg. Thank you madam chair so I just want to say this I'm gonna vote for this but I'm still confused. and so I just. I guess I want to say before this gets the floor I'm not trying to buy the diligence and read this and tried to not be as confused but I'm just letting you know that I am gonna vote for but if I do find something in that I think that's what they're talking about I may come to you personally and say Hey this is the issue we have a and I change my vote on the floor. Okay. Two we can get it right okay thank you. The representative Payton you're recognized. Thank you of. I've been preoccupied here through some of this but. The have the boards I guess we can ask questions does anybody know if the boards have been represented in this. Well represented balance on the committee so he could probably respond to. Some I'm like representive great I mean I don't have a lot of reason to be against it but I don't have a reason the Ford of if it if it's redundant and the board have the authority to do it anyway so what are the board saying here do they want this bill or not want this bill or I mean they're not here to speak for their self obviously. I am at the thank you can speak I'm sorry but representative balance on the committee so you can discuss. it's my understanding that you all have been working with with the bill would only then and they're all carry with this bill okay thank you thank you madam chair. Okay saying no further discussion all in favor say aye. All opposed. Okay your bill is passed. the next bill is a representative Gonzalez are you gonna present house bill eleven seventy nine. You're recognized as a manager Committee of. Was the battle pass over this bill today not doing this but a with a lot of what just happened this bill just makes it really easy this just adds of child **** and child sex trafficking to the that list of a disqualifying offenses. At. It are there are you finished or you. Okay because I mean we there is someone signed up to speak against if you wanted to allow pressure. okay eighty. I'm sorry really is just a simple it just it just adds what's what's there to the list of. A disqualifying offenses for home license. Do you want me to give you a little time committee to. Rated R.. Okay any questions from the committee. Okay saying then we do have someone signed up to speak against the. Carlos Swanson. You'll come to the table and introduce yourself. The Committee. My name's Carl Swanson I represent a whole group of people with an organization called Arkansas time after time. A little bit about Mason's is first time I've ever been in front of this committee. I've got a son who is thirty years old. I've been this fight since two thousand eleven. He got caught with child **** on his computer he was going to use the a college at the time. It really opened my eyes to the whole sex offender laws that we have yes we do have bad people out there and we do need to protect the public but on the other hand we have people who are like my son. No hands on. Right now. He's thirty years old owns his own home. He got engaged in December. He is in the process of getting his electricians license he's works for I. in K. electric which is just right down the street here. If this bill passes he won't be able to do that. It includes people with child **** who produced it. Who have children that they're taking pictures of their distributing it these are what I consider bad people but somebody like my son. Who was only looking at it and I know you're going to have a hard time believing this one. Because it was gross and disgusting I have talked to psychiatrist about this they have actually been done studies on it yes people do look at child **** because it's gross and disgusting it's kind of like driving by a rack or a. Your horrible court situation you don't want to look which kinda do. I kind of get it there for a while I was actually a funeral director So not that it was gross and disgusting but I definitely understood you will need to look. But this bill handers anybody like my son in the future from getting any type of license to better their selves. There is a huge difference between somebody who produces child **** and those who look at it. There to me there it needs to just go in front of the license board it was brought up a few minutes ago on the other bill why does the government have a say in this why can't it be an individual type person. It goes in front of the licensing board that they're trying to get a hold of why can't they be the ones that look at the person as an individual to figure out whether or not this person. Is can be granted the license that they're trying to achieve. I have actually been talked to Jeff Rosenzweig who's the criminal defense lawyer he agrees with me on this also. the other thing. A lot of felons not just sex criminals. Can't go to college. So they're forbidden to step on college grounds so if they can't go to college they can't get a license. How do you expect these people to better themselves. And to be able to make a decent living and to be able to have a decent life. And means that you're taking away every opportunity and I can sit here and tell you all day and I can show you cistus sticks after statistics ninety five percent of all sex crimes or a first time offender. Ninety five of them DO not re commit another sex crime. But yet they're the ones that keep getting punished over and over again for something that they will never do again I mean this is been ten years of my son is having to deal with this and there's others just like him in the same boat they keep getting punished over and over hence my name time after it hi they keep getting punished for this. The other thing I want to bring up is. Apple the studying. And then come across an article where it says under the United States Department of Labor has granted a three year project. Which will assist states to improve the understanding of policies and the best practice related to an occupational license. Between two thousand seventeen and two thousand and nineteen the project was brought to eleven states. Well guess what Arkansas is actually listed as one of the eleven states that was trying to come across as a better way for people with the felon to get a license. And yet here we are. Delaware Indiana and Alaska have all passed laws where it makes it easier for somebody with the Fallon to get a license and not just a felon but also with the sex crime. Somebody once told me how long do you go before you forgive somebody. My son's going on ten years he's got five more years to go before he can petition to get off the registry. To me that is way too long he was twenty years old spent ten months in prison. He never even got called to the principal's office when he was in school. He was in his third year at UCLA. And his life has been turned upside down since then. Thank you. Any questions committee. Per the witness. Okay you want to close for your bill. I just like to address some of the concerns that she brought up one reason that I had delayed in writing this is because I was. I thought about you're taking those occupational licenses out of this until the previous testimony one would just learned that the boards can offer. A waiver on those so they can apparently look at each individual case and offer a waiver for for each individual individual case on those occupational license I would hope that the professional license don't have that same waiver ability I think that the a professional license should be. Held to a higher standard And as far as as someone not being able to not been able to make a living if they're not able to get a license or a four year degree I have neither one of those And I. Like I do. Fairly well for myself so it is possible is it harder yeah absolutely it's harder but you know he make poor decisions when you're younger at some point in your life and and you you pay for so. That's that's all I have thank you. What's the desire of the committee. The motion to pass any discussion on the motion. All in favor say aye. All opposed. Image your bill is passed As more status here. Okay okay yep assayed. A House bill fifteen forty five you're recognized. I was skip mark I'm sorry your next March I'm so sorry. House Bill. Sixteen fifty nine. Sorry. You're recognized. Thank you madam chairman committee. House Bill sixteen fifty nine will amend Act nine seventy five that we passed two years ago which was electronic records bill would stay abbreviates FOR E. rave. In a. We had we had some waivers two years ago on that since it was new with some waivers for internet access training and whether or not you did five or more you certified five or more death certificates a month so what we've done is we've gone back and remove the waivers there's not many places without internet access especially a funeral home the doctor's office or a hospital. we were eliminated the training that got a the person with the health department it's done the training and is willing to train and then we've changed the number death certificates case you have a small town docker someone who doesn't but pronounced maybe two or three year so we've done ten or fewer year. With that I'll take any questions. Any questions committee. Seeing none are you close for your bill. I'm closed. I have a motion and a motion to pass any discussion on the motion. All in favor say aye. All opposed thank you thank you okay now we're down to Mar stations. You're recognized. Thank you madam chairman. Those gonna have Lee Johnson here but he had something come up. House Bill fifteen forty five is a bill to help autistic children. As many of you know where my son Jackson has autism. He's eighteen years old now. This bill has two main points of the major change. Is to allow two rather than three professionals to provide a diagnosis of autism. Currently policy requires any MD a psychologist. In a speech language pathologist for the diagnosis this bill will allow any two of the three we believe this change would speed the process of diagnosis of autism for families especially in rural areas. A little history I remember when he was diagnosed that to a long time ago the biggest bear we had was because we had to have those three professionals and their diagnosis. It took a long time years to get him diagnosed and in that window he could have had a lot of care. So what this bill is due and ultimately is just compact beam that window so these kids can get the care they need quicker when they need it the most. that's essentially it in summary it just makes care easier and more efficient for all these children on the autism. If any questions from the committee. NO one to speak for against the bill are you close for your bill I'll close managed care I have a motion. The motion to pass any discussion on the bill. I I might say that at work Lee Johnson I both worked on this bill together to entity is the standard of care and the health department and children's hospital in the DHS are all supportive of the change to kind of implement doing things a little quicker okay all in favor say aye. All opposed to your bills your bills passed thank you senator thank you Committee representative Payton. House bill seventy nine nine can I have a point of order sure I need to ask about procedure okay I guess we're probably won't pass over this it was on the consent agenda but there is opposition showing up so the question is I I have an amendment with a lot of co sponsors is there anyway to adopt that in committee I know Phil told me no but. Hello well if we don't have the amendment is the only okay what we did have the amendment. We we take action on the bill right. Well you're saying okay so you're saying you don't want to present the bill I want to and and it it's to help control the price of insulin I think everybody else. The powers that be are turning my Mike also I don't think I should try to present the opposition wants to mount their forces in getting here to argue the court point. Okay I mean we don't have anyone signed up to speak against it is they're out they're not they're not here there is no. They're texting. A quick. Okay all right thank. Okay up Mister price is going to pass out the amendment. Do you will. Do you want to start in tell us what the amendment does. Yes thank you madam chair thank you. Colleagues of. The Amendment is that co sponsors. Okay we have a motion to adopt the amendment hello all in favor any discussion on the motion all in favor say aye. All opposed okay your amendment is okay I'd love to keep it really short but there's going to be people coming that are not happy with this big. It's six to obtain a. Of fair market value for insulin for the R. Kansans and I'm sure it will require some amendments before it gets through the Senate and then back to us over here to concur. But if we're trying to nail down the definition of a wholesale market price for insulin and obtain that. Fair market value for Arkansas pharmacies in Arkansas patients and citizens that need to use insulin. And we started by researching president trump's executive order that help with that with that and there's. A wholesale market. That's referred to as three forty B. pricing and and a federal program. The bill in its current form targets that three forty B. pricing and says the distributor with the cells insulin in this in Arkansas will sell it at the three forty B. pricing for everybody. I've learned in the last twenty four forty eight hours that there are all kinds of different wholesale prices and rebates and kickbacks on insulin and other pharmaceuticals it's a complicated field and and I'm learning a lot quickly But lo and behold I found out this morning that Medicaid Medicare. Do exactly what I'm trying to do. And they require that the manufacturers of insulin give them the lowest price the lowest market price throughout the United States and so that's basically what I'm trying to do for Arkansas. There may be an amendment coming that would change the definition within the bill of what that the title or the label of that pricing is but I'm sure if we get it on the first step here out of the out of committee it'll help me in the negotiating process. I'm ready for questions yeah any questions committee. Preserve or like you're recognized. Thank you for going off is amended to long today what who or what is the opposition to this bill who screws Texan you're calling you is it the manufactures is the pharmaceutical companies themselves who who's calling you well it's it's lobbyist for the manufacturers and distributors and madam chair follow. Them to anything about to go dead and now must be one on somewhere so so they're calling you because they dispute allowing that low price correct. So one of them is not disputing it yet to saying that they're waiting for information back from the client. Another one got information back from the client that said they would oppose it in its current form because. They think that the language in the bill. Places are Kansans into the three forty B. program which is a federal program we can't we can't mandate who's qualified but that's not the intent of the bill is just to use that program to identify a wholesale price so we're not trying to to put people into the three forty B. program who don't qualify for it we're trying to add user three forty B. pricing as a little a definition of a wholesale price. Thank you Thank you for this bill and thank you appreciated thank you. Because I don't know much about pharmacy what is the three forty B. program exactly okay so qualified health centers which I think you know what they are Not for profit and submit and I have to qualifying otherwise for this federal program which gives them the three forty B. pricing an insulin is one of the drugs in that. The it's considerably cheaper than what a a regular pharmacist could could ordered from their supplier for so as we did with the PP. UAMS became a distributor for statewide so one of the last but one of the things that we're considering or the or one of the avenues I thought we might take is to make Universe of ourselves UAMS a distributor because they can bite at three forty pricing but technically if it's benefits purchased in the three forty B. program then there are certain. US citizens are qualified for that and others that don't so we're not try or yet we need to. We need to stay out of the program issues that pricing as the index or as a guide a definition of also price. Representative boy did you have a comment. Question. All of the explained it during the closing or whatever. For. If I may part of the part of my education has been things like this. It's it's it's amazing to me how many different prices a manufacturer has for the same product depending on whether you're poor or whether you're rich with you have insurance with you don't have insurance whether you are a commercial insurance carrier verses the individual it or if your Medicare part B. all of those are different programs and different pricing and it's a shell game I mean I've learned in the last forty eight hours that this is just a shell game and the I'm a business man I'm an auctioneer of I've dealt with. New vehicles and franchise law and things like that that require all franchisees to be able to buy the same price and I'm just trying to bring some. I can only imagine being a pharmacist and trying to price my product when I don't know what I'm paying for it. But representative board secretary co sponsor of the bills he's offered to come to the table and testify for the bill that is awesome I was trying to recover a good. Thank you madam chair I hi everyone representative Boyd are Justin Boyd and I was here to work with the representative Payton so you you asked I think about three forty B. program and I'd I'd like to address that and is plainly and simply a second it's a federal pricing program that dictates the lowest possible price for pharmaceuticals at so it's the are the lowest possible price in the United States I should say for pharmaceuticals and so there's no requirement that a drug participate in the three forty B. program to my understanding but whatever that lowest prices they have to offer it to the federal government so you're federally qualified health centers Disproportionate share hospitals they're the ones that have access to this top pricing it can be a drastically different price than what is paid for by a normal retail pharmacy or even like the normal hospital pharmacy process sometimes hospital pharmacies get a little better price than than a community retail pharmacy so what that does then is then when that price is used then it's got to be made up for somewhere else so we're all paying the the people who are not then you know buying three forty B. pricing or then somehow paying it so what this bill does in essence is it just says in Arkansas we for insulin products we want that three forty B. price. I guess I'm I guess I'm trying to figure it to his point has it going to be distributed like it you as a pharmacist where would you order directly from the manufacturer which you get from UAMS or a federally qualified health center we how will that distribution take place. I'm sure that's a great question and so what that would do it would just be like a normal price it would be so the the whole cell to the wholesaler like you know pharmacy buys from say McKesson for AmerisourceBergen or cardinal or there's another smaller wholesalers myth drug which is active and so they would buy at that price and then sell it to the pharmacy through the normal supply chain process we. I don't wanna get card headed horse but we've talked about a couple of amendments that that we might need to make sure that that prices then passed along to the consumer because at the end of the day that's what this is about as we're trying to figure out how to make sure the the ultimate user of the product can afford it and this is a the best mechanism we found. Have I could just add to that we'll this is within the section code deals with the licensing of the. The distributors and the manufacturers so in order for them to hold a license in Arkansas they would have to agree to sell it at their lowest also price of another thing I'd like to direct people to if you have time to look it up later it's ninety pages but the United States Senate finance committee did of of long term study senator Grassley and senator Wyden and all just review a couple real short it exerts the investigation underscores how the opaque business practices of pharmaceutical manufacturers and PBMs have huge implications for patients payers and the federal government with respect to insulin and therapies for other diseases. Then they say to be clear the PBMs the these are the findings okay the to be clear the PBMs have an incentive for manufacturers to keep a list prices high since the rebates discounts and fees PBMs negotiate are based on a percentage of a drug's list price. The PBMs are the customers of the manufacturers but they have an incentive to keep the list price high and even if I'm not in a plan with the PBM is is handling my drug prices the list price is is costing costing me so I'm trying to leased obtain wholesale pricing for the pharmacies and then required that they pass on or R. fair market value of course to their customers. How many manufacturers are there of insulin how many different companies. I don't know the answer to that it's it's multiple lily is one Nova Nordisk is another one but now that we have some biosimilars the that number is increasing. Any other questions from the committee. Are are you both closed you close for the bill represent Payton. I'll close for the bill and However I really appreciate the committee's enthusiasm to go in here this bill and and I'm perfectly fine with passed out here I just want to prepare everybody for the fact that that will be used against us and future arguments. Thank you. So so that we your clothes do you not want anyone to make a motion lander forty what's that what's your desire do you want to pull it down the white or do you want to having our motion. Is that what you want. I'm close to the bill. Okay I have a motion and do pass as amended correct of any discussion on the motion representative gray you want to go first thank you. I lost it again okay thank you madam chair and submit discussion on this is I'm not sure if you actually are going to need an amendment or not and I understand that you would amended if we did see that need I also understood the committee know what okay and came in on the tail end of this with representative Payton and boy trying to work through this we've looked at purchasing agreements to trying to statewide purchasing options the like UAMS we've looked that caps on insurance we've looked at so many different angles to try and figure out how to control the insulin prices and this was the best method we can come up with this to get the three forty B. pricing but without actually using the three forty B. program which we could not do as a state so short I let you know where I stood on that and we have you on record saying you would amend if needed I appreciate you bringing this my constituents appreciate you bringing this thank you. Represent Wardlaw. The end just to lead and to what represented gray said we we owe it to our constituents insulin is a drug that they have to have to live and we owe it to do the best we can to make it as cheap as possible to those constituents and there are some of those constituents that do not have insurance do not qualify for Medicaid and president trump did the best he could with the executive order to make that as cheap as possible and we are to carry that torch forward and I just want to a representative Payton how much I appreciate him for working on this and I know it's been aggravation and know some of those same people have been Texan committee members because I've texted me today to get you to hold this bill and I have no sympathy for those people that made millions off the backs of my constituents so I appreciate you and procedure go ahead run in the bill with that I'll be a yes vote. Okay Committee all in favor say aye. All opposed your bill is passed. Your bill is passed okay that was the last bill we got all the way through the consent agenda and everything so we're earned. Take your trash.