Said in CommitteeBeta

Exactly as spoken.

Public Health, Welfare and Labor Committee- House

March 4, 2021 ·2:00 PM or Upon Adjournment Whichever is Later ·Room C, MAC (Public Comment Holding Room: 4th Floor MAC) ·1:41:02
Video Transcript 1 document

Bills discussed (11)

Bill Title Sponsor Status
HB1069 Act 408 · 2 mentions in chapter, agenda
Matched: “HB1069 Pilkington TO AMEND THE PROVISIONS OF THE ARKANSAS CODE CON…”
TO AMEND THE PROVISIONS OF THE ARKANSAS CODE CONCERNING THE PRACTICE OF PHARMACY; AND TO … Pilkington Notification that HB1069 is now Act 408
HB1134 Act 406 · 2 mentions in chapter, agenda
Matched: “HB1134 Boyd TO ALLOW PHARMACISTS TO PRESCRIBE, ADMINISTER, DELIVER…”
TO ALLOW PHARMACISTS TO PRESCRIBE, ADMINISTER, DELIVER, DISTRIBUTE, OR DISPENSE VACCINES, IMMUNIZATIONS, AND MEDICATIONS TO … Boyd Notification that HB1134 is now Act 406
HB1135 Act 407 · 2 mentions in chapter, agenda
Matched: “HB1135 Boyd TO AUTHORIZE PHARMACY TECHNICIANS TO ADMINISTER VACCIN…”
TO AUTHORIZE PHARMACY TECHNICIANS TO ADMINISTER VACCINES AND IMMUNIZATIONS. Boyd Notification that HB1135 is now Act 407
HB1450 Act 357 · 2 mentions in agenda, chapter
Matched: “…ENDA *Bills in Red added 03-04-2021 Number Sponsor Subtitle HB1450 Eubanks TO REQUIRE A HEALTH BENEFIT PLAN TO PROVIDE COVERAG…”
TO REQUIRE A HEALTH BENEFIT PLAN TO PROVIDE COVERAGE FOR EARLY REFILLS OF PRESCRIPTION EYE … Magie Notification that HB1450 is now Act 357
HB1465 · 2 mentions in chapter, agenda
Matched: “HB1465 Dotson TO REQUIRE LICENSING ENTITIES TO CONSIDER THE GOOD M…”
TO REQUIRE LICENSING ENTITIES TO CONSIDER THE GOOD MORAL CHARACTER OF AN INDIVIDUAL BEFORE ISSUING … Dotson Died in Senate Committee at Sine Die adjournment.
HB1512 Act 419 · 2 mentions in chapter, agenda
Matched: “HB1512 Underwood TO PROMOTE WORK IN THE SUPPLEMENTAL NUTRITION ASS…”
TO PROMOTE WORK IN THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. Underwood Notification that HB1512 is now Act 419
HB1519 Act 509 · 2 mentions in agenda, chapter
Matched: “…estrictions designating areas as 'Members and Staff Only'. HB1519 Eaves TO AMEND THE PETROLEUM STORAGE TANK TRUST FUND ACT; A…”
TO AMEND THE PETROLEUM STORAGE TANK TRUST FUND ACT; AND TO INCREASE THE BALANCE OF … Eaves Notification that HB1519 is now Act 509
HB1548 Act 571 · 2 mentions in chapter, agenda
Matched: “HB1548 Penzo TO CREATE THE PERSONAL CARE MEDICAID REIMBURSEMENT AC…”
TO CREATE THE PERSONAL CARE MEDICAID REIMBURSEMENT ACT; AND TO ENSURE AN APPROPRIATE REIMBURSEMENT RATE … Penzo Notification that HB1548 is now Act 571
HB1564 · 2 mentions in agenda, chapter
Matched: “…G A REDUCTION IN THE PETROLEUM ENVIRONMENTAL ASSURANCE FEE. HB1564 Hawks TO AMEND THE TEACHER MANAGER INSTRUCTOR CERTIFICATION…”
TO AMEND THE TEACHER MANAGER INSTRUCTOR CERTIFICATION RELATING TO BARBERS. Hawks Recommended for study in the Interim by Joint …
SB155 Act 837 · 2 mentions in chapter, agenda
Matched: “SB155 B. Davis TO ESTABLISH LILA'S LAW; AND TO PROHIBIT DISCRIMIN…”
TO ESTABLISH LILA'S LAW; AND TO PROHIBIT DISCRIMINATION AGAINST INDIVIDUALS WITH DISABILITIES REGARDING ACCESS TO … B. Davis Notification that SB155 is now Act 837
SB258 Act 330 · 1 mention in chapter
Matched: “SB258 Bledsoe TO AUTHORIZE NONMANDATORY MULTIYEAR REGISTRATION AN…”
TO AUTHORIZE NONMANDATORY MULTIYEAR REGISTRATION AND LICENSING BY THE CONTRACTORS LICENSING BOARD. Bledsoe Notification that SB258 is now Act 330

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Unknown speaker 0:38
First off let me say if there's anyone in the audience that wants to speak for against the bills on the agenda please sign up to do that. Let me see if we've got any. Of without objection the bills in red will be added to the consent agenda that one on there. See no objection to be added. So we're going to change a little bit we're going to go down to the consent agenda and to HB fourteen fifty first we passed over that a couple times and so I want to let the represent of Eubanks a present that bill first so you're recognized Representative thank you Mr chairman I have an amendment. And I don't it's very very simple of I suspect we can hand it out if somebody want to that basically makes a Representative McGee the leads but it's it's not and handed out already so that's all it does that is all it does and I make a motion to adopt the amendment. A motion to adopt the amendment any discussion on the motion. Representa Wardlaw. You're recognized. Any other discussion on the motion. Seeing none all in favor signify by saying aye. All opposed nay motion carries your amendment has been adopted you represent you can present your bill. Thank thank you Committee fourteen fifty four for most everyone was here last year you remember some pretty big battles between ophthalmology and optometry well they all agree on this bill and and. It's a really simple bill it has to do with that drop prescriptions if you think about your prescriptions you take you go get thirty pills and you take them every day and at the thirty twenty ninth day you go to the pharmacy and you get it refilled I dropped a little bit different the models that they coming and dispense thirty days worth but. If you think about the patients that are using these many patients actually run out of drops about day twenty one twenty two twenty three and they're having difficulties getting their drop three field at all this bill does is it lets the position of the optometrist the eye care provider order by their ordered appropriate reveals that will then be covered by insurance what's happening is people are getting to do it today twenty or twenty one and they can't get their drop free field and many of these patients the cake and we feel financial reasons and many patients can't afford amend and and these are these are pretty serious eye conditions would be for a long term drop so that's basically what the bill does there's no known opposition to it everyone's agreed to it and appreciate a good vote. Any questions. The questions from committee. Seeing none anyone here who will speak against the bill. For the bill. C. nine you read close I'm close to the bill that make a motion to pass. I have a motion do pass. With as amended as amended the discussion on the motion. Seeing none all in favor signify by saying aye. All opposed nay. Motion carries congratulations represented your bills passed. We moved back up to the top of the agenda S. B. one fifty five. who was presenting that bill. This. Brandis. From a column is. Yeah representa McCollum was going to present that he may be tied up in other committee so we'll pass over right now and come back to it. I will so remove down to H. B. eleven thirty four represented Boyd you're recognized. Okay committee there's an amendment to this bill coming around. Thank you Mr chair Justin Boyd St represented district seventy seven and I'm gonna invite tally state in the pharmacist to join me for the presentation of house bill eleven thirty four with your permission okay that'll be fine I can present the amendment while she's on her way okay. Sorry she's right here. If you introduce yourself. Hi my name is Dr Aly state and I represent myself as a pharmacist and westside pharmacy and bitten. All right the. At present the amendment if you want to go ahead and start in of any more time with so so the amendments pretty simple for the first thing it does is there's some do not codified language it it strikes all of that do not codified languages is the first thing it does then next thing it does is it clarifies that if the pharmacist prescribes the vaccine to a child three years of age to six years of age that there are two things that have to be in order for the pharmacist to have the authority to do that in the state of Arkansas number one is the pharmacist at least one time a year has to make a recommendation to the patience parent that or guardian that. they should have a well child visit the second thing it does is it that the pharmacy or the pharmacist has to participate in the vaccine for children program this amendment I think it helps show the commitment to the patient medical home and this makes the pediatric pediatrician group neutral on the the Bill once it's adopted. So with that said. Now I'm I make a motion whatever you tell me on okay I think we have a question is your question on the amendment. Represented Wardlaw you're recognized on the first page of amendment spells out code nineteen vaccines and and it also has right after that to a person is three to six is there any current over the axing vaccines that can be administered anybody on the age of seventeen at the moment represent Wardlaw that is a wonderful question I appreciate you bringing that to my attention I should cover that already before before I answer that may I disclose for the record that I am a licensed pharmacist in the state of Arkansas just so there's no confusion on that but I'm I'm here as a legislator today so right now there is no currently no current vaccine for Kobe nineteen that can be it administered to a three to six year old under their current emergency use authorization this is just planning for the future we help that at some point there will be a pediatric vaccine for covert nineteen so Mr chairman thank you so why do we have to spell out specifically influence and co in nineteen in that age range what could we just a vaccine I mean you're covered most all the up to other vaccines anyway. So so basically the the concern is is that if what we're trying to make sure that we we do something to help preserve that primary care visit that well child check and so it's not infrequent someone might have a three to six year old that needs a flu an annual flu shot or we don't know what's going to happen with Calvin nineteen it might be an annual vaccine it might not be we don't know we're just trying to plan ahead but the other ones are routine childhood immunizations those are the primary the vaccines and so there are would be a couple criteria that would be in place to help preserve that medical home and again number one is the recommendation for the well child check want at least annually and then number two participation in the vaccine for children now this amendment would not preclude a pediatrician or family physician or any or an emergency physician anyone with the. You know the authority to write a prescription a nurse practitioner they could write a prescription for a vaccine thank its in in a prescription for vaccine just like they do right now and those criteria one and two would not have to take place. Thank you Mr. Represented first you're recognized for a question up for discussion the vaccine for children's program does that mean that if children don't have the ability to pay that you'll get the vaccine for a. I have to defer that to the health department I mean the with my understanding is the vaccine for children program you know they were. Working to ensure that we we can we get the health department answer that question that was what the program was is there someone here from the health department that might be lands that you would come board. Please include your cell. Macular. Back in one of our health. So the vaccines for children program is free I think there we're trying to get more providers involved in it as far as I don't know if they could charge a Administration fee but it that is if it is a free vaccine program if that answers your question. And that's not reimbursed by anyone that like physicians and. People who participated now provides they give it free with that is provided free from the federal government yes ma'am okay and so they'll have to do this well okay if the if they choose to be a part of today S. one follow up of represented void yes of a C. N. B. A. you say of pharmacists may administer and I guess this is a little bit about your next meal will your next bill say a technician can do this is a good over. Since it's going to pass second would allow technicians to give it instead a pharmacist. Two children represent first and that's a good question and and maybe I should have said that from outs that I was just trying to get in an amendment adopted eleven thirty four eleven thirty five are companion bills they go together and I when we get to the bill I will explain that but they answer your question if if both eleven thirty four and eleven thirty five pass I'm under the impression that yes that that is the case that that can be delegated. Okay we'll address that makes okay. Represented glad you're recognized. Thank you Mr chairman represented Boyd on that page two. lines thirteen fourteen fifteen sixteen about adverse reactions would you gonna give me a situation or scenario that might happen and. I know it could be hi there is amended as is on the amendment resident clown all I'm sorry okay withdrawal right list wouldn't. The the amendment representantes and you have a question on the amendment. You're recognized. Thank you Mr representa Boyd. The. The relationship I mean you're you're putting the in this amendment covert nineteen into the regular statute this is not a do not codified section any longer isn't right it was so there's do not codified. In the the the Bill prior to the amendment there's a there's a lot of do not codified language once that amendment happened some of that becomes. Right but I'm talking about the page one of the amendment itself yes Calvin nineteen will go into the bill the covered nineteen vaccine into the actual code section yeah you do not codified section right okay but the amendment does strike the do not codified section. I I get that that's earlier on an amendment I'm I'm specifically talking about the the lines on page three of the bill where it's amending a new section the into the into the bill. I mean I think I like the bill better before the amendment but what what's it you're obviously I I drafted the bill the way I wanted it but I'm I'm doing my best to work with pediatricians and family physicians and make a a process that come to a compromise to to help keep those groups neutral. Just full disclosure. We have someone here with children's hospital my bill add to this sure a man of strong. You want to come to the table. Thanks is in the room. This year. At issue here Justin I walked in with their what I'm in the waiting room. Yes she takes me to clarify some of the. Vexing for children's program information but. There she is. Yes if you would come to the table. Yeah I introduced yourself and who you represent all and there's a couple questions you might be able to help us with I'm in a strong I am the executive director of the Arkansas chapter of the American academy of pediatrics. Representantes sorry yes I was watching I may have missed a little discussion walking that way sorry. yeah I need to see it takes me some clarification on who if they can't pay how that's handled wrecked the vaccines for children program is is set up to cover children who have Medicaid or our kids first as well as anyone who's and able to pay for their immunization and so the federal government covers that administrator the cost of the vaccine for those entities that are providing that as well as it covers and then the Arkansas Medicaid and I want to speak for marketing of Arkansas Medicaid will cover the administration fee for that piece. And to understand the attractions are okay with this as amended yes yes Representative voice been wonderful about helping compromise and make sure that particularly for your old well child visits we want to make sure that those are happening because the within the medical home we know we're down on well child visits during the pandemic. Thank you session. All right Rosa Dotson did you question get answers. When we rephrase it the another question. Okay. Thank you are you know the question represented Payton you're recognized. Thank you Mr chairman. I don't know the lady might have been the one day to this but. So if we adopt this amendment. It makes a change in the bill that forces. The pharmacist is going to do vaccinate vaccines to participate in the federal vaccines for children program is that correct if the pharmacist is the prescriber of record now if a pediatrician a family physician a nurse practitioner or physician assistant since in a prescription. It won't change that it's only if the pharmacist because so like when that prescription is entered into the pharmacy record if they use the pharmacist's name you know if it's doctor state and and doctor state is name goes on that prescription then in order to to administer vaccines for three to six year olds they would have to participate in the vaccine for children program. So it's only regarding the three to six year old Ollie the thirty six year old yes Sir. Thank you thank you Mr all right any other questions. All right seeing none Your motion your moment and to make a motion to adopt the amendment place. I have a motion to adopt the amendment any discussion on the motion. Seeing none all in favor signify by saying aye. All opposed nay. Motion carries your amendment is passed the minute you you may present your bill as amended thank you Mr chair thank you committee for being here and Dr Ali state is already. Introduced herself so. Normally I just wanna say for the record normally I don't do pharmacist cope bills I agreed to do this one because there was a lot of confusion in the market place and so the. Federal government did the prep backed in with the prep Act it actually preempted our state scope of practice so right now today currently under federal law regardless of what state scope says it gives pharmacists the authority to admit to prescribe and administer covert vaccines and any childhood immunization between the ages of three and eighteen years of age so it it created confusion because we're not used to the government the federal government getting involved in our scope issues so what happens though is if the federal government and that's if the federal government ins the Emergency or twenty twenty four whichever comes first then that goes away so what that does is it creates a disincentive for pharmacist who want to provide childhood immunizations you there is a gap right now so we are catching up on childhood immunizations but there there was a gap that was created back cove ID because clinics were closed down for a period of time and so we're trying to play catch up on the childhood immunizations but pharmacists have no incentive to go sign up for vaccine for children if the that could be yanked away so your you have to buy a separate refrigerator you have to have stayed separate vaccines storage because the government provides the vaccine Day they own the vaccine the pharmacy just provides it in can bill and administration fee is was just clarified and so there are costs that go into that there's work flow issues that go into that you've got to make sure you document things appropriately keep straight and so what this does is it sends a signal to the to the market place that this is going to continue to be preserved and and in place going forward so that that's kind of the history how we got here today so on to the Bill basically this bill does what we've already covered in the amendment and I don't want to go through that list somebody has some questions but this allows the pharmacist to prescribe and administer the any any vaccine that's approved by the FDA with the cabbie out of the three to six range we've got you know we've already talked about that in the amendment That becomes necessary is Representative Ferguson alluded to on house bill eleven thirty five I'm not going to talk about that bill but I think you have to understand that if the pharmacist is not the one prescribing the vaccine the pharmacist cannot delegate to someone else to physically administer the vaccine so the way the current process works is a pharmacy has a protocol was say Dr McGee he signs off on a protocol and that that. Baxeen goes in the record is Dr McGee Dr cloud or doctor Johnson or whomever is the prescriber of record so then the pharmacist can go administer that vaccine him or herself but the pharmacist cannot delegate so what is happening in the market place right now with the covert vaccine is there so much demand for vaccine there's just not enough time for the pharmacist to do all of the things that are normally done and still be able to administer that vaccine so you know this is going to be a case where pharmacists are gonna say Hey let somebody else come in and help us so pharmacist while the pharmacist asking for change in scope the pharmacists are ofschool or asking or going to in house bill in thirty five ask for changes go for the people who work in the pharmacy with that said I'm happy to try to answer questions and then. Are let me let I'm sorry I'm getting out of the lead doctor state and talk and then we're happy to answer questions the first thing you're recognized. Hi and my name is Dr Aly stating and I represent myself as a pharmacist with westside pharmacy in Benton I'm standing before you today and I'm sitting before you today in support of house bill eleven thirty four because of my personal experience as a practicing community pharmacist as a health care provider like many of the committee members advocate for serving our community and providing continuity of care to our patients. Thank you picture of westside pharmacy and kind of what we're like we have a primary care clinic with doors that actually come are waiting rooms are connected at that primary care clinic does not administer immunizations to any patients they either referred them to the pharmacy for us to administer the vaccines or for pediatric patients that currently referred them to the health department. Last fall I enrolled West Side pharmacy as vaccines for children's provider sites so baxeen for children has given us the ability to administer vaccines to the kids who have Medicaid or don't have insurance which is the vast majority of our pediatric population in Arkansas. Once we enrolled in Perth as providers in the VFC program I was asked to pass back today about twenty five students aged twelve to eighteen for them to return to on campus learning instead of remote learning our local health department was unable to vaccinate these children because of the covered pandemic so um this is V. FC providers help to get these kids their vaccines that otherwise would have gone without. under the press act to the federal government has given authority to pharmacists across the nation to increase our scope of practice to administering vaccines to patients three and older due to the temporary increase and scope of practice my pharmacy has refrained from widely advertising our new scope because we're unsure of when the prep Act really will end without the prep back to I would be unable to vaccinate children under the age of seven. It's a requirement for all immunizations administered to patients twenty two and younger I know that's weird age and to be reported in the Arkansas immunization registry what we referred to as well by the E.. At what this information easily accessible to pharmacists and all health care providers it simply requires a pharmacist to review a patient's vaccine history and assess if if the patient is in need of receiving a routine vaccination. Administering immunizations does not require a diagnosis but does require assessing a patient vaccine history and reading guidelines. Myself and many of my colleagues are concerned for the possibility of disease outbreaks that are prevented by child by routine childhood vaccinations currently. Pharmacists are trained capable willing and able to pay our immunization training to good use by vaccinating patients age three and older. In addition and equally as poor as important for well positions to consistently reinforce the importance of well child visits. Senate asked afternoon I'm asking for pharmacists to utilize our training and allow our fellow health care providers to provide care to children across the state of Arkansas thank you. Thank you for your comments arisen what did you want to add anything for questions no Sir I'm ready for questions okay more art bring mom represented glad you're recognized for a question. Sorry about job at the gun earlier thank you Mr chairman so not being familiar with exactly the training of a pharmacist and and it's great I think you have a family practitioner next door but not all pharmacist have that so could you just tell me about the adverse reactions what we all have crash carts or what what kind of training or preparation do you have for the adverse reaction Dr represented by the. Great question I'm glad that you brought that up and During pharmacy school. We learn about adverse reactions we learn what happens if you have CPR training health care CPR training which goes all the way down to a zero so zero to the all the way up we keep and currently have protocols in place by our physician that with whom are protocol is that the it tells us how to administer you know epinephrine if need be Benadryl if needs be it may be but about. Typically with a vaccine around one in a million vaccines there is a anaphylactic or severe reaction course were prepared to call nine one one we're prepared to start CPR were prepared to administer epinephrine or whatever other adverse reactions so that's why the bill is written the way it is to make sure that not only pharmacist can prescribe the immunizations but you also have to be prepared for if something bad happens right then and there. Thank you. Representative Eubanks you're recognized. Thank you Mr I don't know if I miss this or not represented board but when did the federal government expand the scope. I don't have the exact date in front of me that is not a last year yes the Calvin since I know that has happened if it's part of the emergency act regarding covered specifically whenever they put the pressure back in place. I have a follow up yes have there been any adverse effect reactions M. have you had any problems any pharmacies under string vaccines around the state it's a great question I know there is one pharmacy were you know somebody had at a reaction I don't think it was an anaphylactic type reactions that required CPR I'm not familiar with that I know in my practice I've not seen and of lactic a a serious anaphylactic reaction I've seen some reactions but not the serious anaphylactic our state and are you familiar have you seen that I am we have not had an anaphylactic reaction occurred yet but the coveted nineteen baxeen we have had some instances where we needed to administer Benadryl to the patient they and Matt had his allergies before and kind of knew beforehand that they might experience a little bit of a reaction today I don't know of anyone that has had to administer epinephrine and call nine one one and go there are emergency protocol for the covered vaccine yet. Thank you yes Sir. A committee any other questions. Seeing none of anyone here speak against the bill. Before the bill. Seeing ninety ready close free bill yes Sir I am closed and I would appreciate a do pass and I'll make a do pass motion. K. most on floors do pass and discussion on the motion. As amended yes thank as amended. Seeing no discussion all in favor signify by saying aye All opposed nay. Motion carries a good solution to bills pass I got a high over there in the corner. Thank you thank you thank you Committee the Representative you did a great job prison that bill you can get a five year old you're doing great yes Sir do you want me to do this next one or do you want me to you're recognized to HB eleven thirty five. Okay. Adam in the wrong order that we do have another moment to address okay so so this amendment I can tell you is very simple I just struck the do not codified language that's all it it did it didn't change anything else of substance with the bill it just got rid of the do not codified language. Thank you Sir. About that. Your winter dishes okay represented a thank you the this discuss the amendment Z. ninety more time on the amendment to read it Are there any questions about the amendment. Yeah motion I make a motion to adopt the amendment. I have a motion to adopt the amendment any discussion on the motion. Seeing none all in favor signify by saying aye hi All opposed nay. Motion carried amendments been adopted you may present your bill Geist and again I'm Justin Boyd state Representative and enters my name is Dr Aly stating and I represent myself and westside pharmacy thank you for having me so House Bill eleven thirty five is somewhat of a companion bill so right now under current law no matter how many times I've asked the board of pharmacy can I have a protocol was a doctor McGee or doctor cloud and then delegate to my technician the ability to physically administer the fact vaccine a vaccine and the answer consistently has been no so I filed an interim study proposal to look at technicians scope of practice this is the one thing that we came back that I came back in and wanted to address and so with the current prep backed in place if a technician has training and the pharmacist is the prescriber of record then the federal law goes into place and the technician can do the physical administration of the vaccine that does not mean the technician can make a determination of who is to be vaccinated it doesn't mean that the technician would make any decisions regarding if there were an emergency situation regarding the vaccine all of those things would be the responsibility of the The prescribing pharmacist if you will and so this bill. Awkward authori if if authorized would allow pharmacy technicians to be able to be delegated to do the physical administration of the vaccine and it would be limited to the physical administration of the vaccine I mean I could drop the dose and but it in the arm and that's where the the scope would begin and end with that hot take any questions so what what is the training or education level of the technicians a verses of a pharmacist thank you I got a little ahead of myself did not thank you thank you Mr chair up so to add to it to be a technician of the State of Arkansas there are a couple criteria number one you have to have a high school diploma or equivalent number two you have to be able to pass the state and FBI background check and then of course pay the the fee to the board of pharmacy to be registered as a as a technician so. You would have to have the appropriate training in place to insure that a technician was able to do that there has recently the that's been one of the things with the rollout of the coveted that has been a little bit slow is we've not had access to technician training by the Arkansas pharmacy is pharmacist association just I think this week just rolled out an online education component so it will have in this particular case in there could be other educations this is just the the first one that I've seen it's a online module but then the overseeing pharmacist will also have to work with them on the physical administration technique so it's going to be two components one the didactic portion where you look and see and then the second portion is okay now we're going to going to do it and the pharmacist would have to sign off that he or she was was ready to ready to go if you will. The other questions resent paying you're recognized. Thank you Mr chair so with the pharmacist be present and in supervision of the technician when this is going owner so that they wouldn't necessarily be like select again every pharmacy is going to be set up differently so so I'll speak for my pharmacy for just a moment I have a an in a room where we can do somewhat you know semi private counseling it's got doors that are a close in so and so forth so the pharmacist would not necessarily have to physically be like looking at the situation but the pharmacist would have to be on site and available because if there were an anaphylactic issue or what have you then they're the ones who would be responsible for that do you have anything to add to our state I I agree ugh. Same with I agree with exactly what he said so we might not be physically watching but that's also similar to how we treat our pharmacy students and how they're trained to give immunizations how we're trained as pharmacists SIG administer immunizations as well we have the same training and that I'm sure training is a whole lot more in depth than the technician training besides just administration part but the the training that was released earlier this week and for us to teach them how to administer their that training is it would have to be as necessarily follow. Yes you may. So with any of that defined in the bill that requires the pharmacist to be on premises that that's defined elsewhere in statute so like for instance if we're running of a pharmacy operation it's well established that I have to be physically present no prescription can go out the door it's it's a unique profession so if if doctor cloud you know back in the day. Ran somewhere for lunch hit he doesn't have to shut the doors of this clinic per se or an accountant doesn't necessarily have but a pharmacy you can not let a single prescription go out the door or the window whatever the case is if the pharmacy is not the pharmacist a pharmacist and a purposely licensed Arkansas pharmacist is not physically on site because there could be just like in this situation an adverse reaction there could be a question about the medication or or something that needs to be responded to right then so thank you thank you Mr. The other questions committee. Seeing none the red clothes for bill how is or anyone the audience you won't speak against the bill for the bill. Seeing none you're recognized close I'm closed I would appreciate a good vote and make a do pass motion our motion do pass as amended on a motion on the floor is do pass as amended any discussion on the motion. Seeing none all in favor signify by saying aye. All opposed nay Motian carries your bill has passed. All right Committee we're gonna move back to the top of the agenda represented McCollum is here to present S. B. one fifty five. And the center Davis is joining him at the table. The Amendment. Senator Davis if you would just recognize introduce yourself please for the committee hi and state senator Breanne Davis at representing District sixteen thank you represent of Austin McCollum good to be back Mr guys. Into law. Hey tell me something different the other day I ask. We do have an amendment. Give the committee a little time to look at the amendment is you can go for that. Well if it's the amendment that I know of it is just to add some names you can go ahead and start talking about the amendment if you want to credit such a great bill that more members want to make sure their names were added to the bill so Representative Brooks and Representative I don't want to be added to this bill. And that's eight Amendment assistant doesn't get motion. I have a motion Representative Johnson to adopt the amendment. Let me give up front line they're just a little bit more time to make sure they don't have a question. All right motions to adopt the amendment any discussion on the motion. Seeing none all in favor signify by saying aye. Those opposed nay. Motion carries congratulations amendment has been adopted you're recognized to present your bill thank you Mr chair thank you committee members today request be one five five and what we are calling light was law it's an organ transplant anti discrimination bill and I know there's a bunch of folks here today that would like to speak to the bill but before we get into that I know that Senator Davis one to give some highlights on the bill Senate Davis you're recognized thank you Mister chair and. The reason that this bill is needed is that and. Individuals with disabilities and are denied lifesaving organ transplants and some of the common reasons they're denied is the misconception that people with disabilities especially those with intellectual or developmental disabilities are unable to manage the complicated post op care and often times facilities do not take into account the strong support system that these individuals have at home to help them comply with those and those standards. And providers may also incorrectly assume that individuals with disabilities have a lower quality of life for being honest and bias exist and everywhere in society and that includes the medical community. And so what this bill does is that prohibits and several things based on an individual's mental or physical disability allowance I won't go through the entire list and that will will be happy to follow up with questions if you guys have any and but it just does not allow them to deem an individual and eligible for a life saving transplant or for an organ transplant at based on the disability alone. And it also requires a reasonable modifications and so if there's something and you know we're in regards to therapy or explaining post op care or something like that it requires that the facility provide reasonable modifications to that individual based on their disability. It also gives families a speedy legal path which they currently do not have if they're denied a disability and and a person or family believes it was based on a disability allowance they have no real good legal recourse to an appeal that so this provides be legal path for those individuals who alleged violation I would be very clear that what this bill does not do is it does not require referral recommendation or performance of the medically inappropriate organ transplant individuals with a disability must still meet essential eligibility requirements for a transplant. And there about fifteen other states have passed similar legislation and and I have to see Arkansas be the sixteenth. Representative did you want to add anything. I'm fine for now thank you. All right of any questions from committee. Seeing none we have some people here to speak for the bill. Of first Alain moral. You would come to the table it is Dennis Dixon in the room. Okay how about Kathy's service under them okay good. You're recognized please industry so. Thank you Mr chairman a miscellany Morrow and I am here representing why Lamar who is here today she is the person who this is named for. I want to ask you to support this bill this has happened to our family while I was born with two holes in her heart which were not altogether concerning at first until she grew and she had turned one and they discovered a new hole that they had never seen before. And in the same breath the she told us that she would need open heart surgery that they never experienced this before they didn't entirely know what to do they also said that she was not eligible for an organ transplant because she has down syndrome which as you can tell is completely frightening it's upsetting and I felt in my husband also feel absolutely helpless. are you I ask you to support this bill so that this never ever happens to anyone else in Arkansas. We believe that she has a quality of life and an expectation of living a long fulfilled life she is loved and she loves. We hope that she will get married we hope that she will have a job we hope that she will be a contributing member to our society here in our state. One of the key things to consider is that this. Communication came from the treating physician she was never actually considered we didn't get that far because the person we trusted told us that she was not going she was not eligible. and even so we would not have had enough time to address it in the courts or appeal. It is possible that she would not be here today had the repair not gone as well as it did it did happen with complications she is still seen by a cardiologists and every time she is seen we still feel that fear that she could need a transplant and B. tonight. So we appreciate your support and ask you for a good vote today on my list law. Thank you for your comments a committee Johnny questions okay. next to speak for the bill Dennis Dixon. Please introduce yourself hello my name is Dennis Dixon. I have not date down and I feel like. It would that would that would that this would lead the as long and they had a we shouldn't be denied the service said that a regular person you know. So long normal work. Because I've been I am considered a high functions the House but I still have medical issues and like let's look young lady to. I don't I don't feel like. We should be that denied discussed beyond open just because of of our nation building. Because the way I say it. We should deserve the same rights as anybody else's. Back in my day back in the sixties. Down syndrome button really thought about I just kinda like. Shovels to the Flag. But anyway I but like I said I feel like you should vote for this because of I got said loudly and don't have no voice and on the voice and to others you know we got what they Ballinger. And when people say made fun function like a normal person just about. You know they can say that it is possible for anything else. And back then I was only they said I was only only live in to that target that and nowadays Act live that sixty five seventy hello it has come a long way but back in the day it was like you know a man. But and. Yes that is cataloguing it departs taught first grade twelve eleven years of because back then thank considered I'll bail and downs and he was a ward of the state thank you page on this wiki from where we are to the state off of low I battled about from the orphanage State Hospital to about eleven years old. So but anyway I can said I think we all deserve medical again all eight Lisa Jansen lot. Just like anybody else would so I appreciate listening Committee. Yeah I have a good look thank you for your comments. Kathy sarsa. Katy I'm sorry. Please introduce yourself thank you hi my name is Katie Sir says and I am the site director for a place called Gigi's Playhouse here in Little Rock we are a down syndrome achievement center and we provide free programming and life skills it to families that have a individual with down syndrome or other developmental disability like autism because of this I get to know a lot of families this is my daughter and as you can see on her shirt she is like let's friends and at Laney and I are are good friends and we've been working on this and talking about a concept of how to bring and how to and discrimination against organ transplants for people with disabilities for years now this is a combination of of years and years and in partnering with with that Senator Davis and and several others who have helped craft this bill it's it's feels like it's I don't know there's like a light at the end of the tunnel and it's not a train It's I'm I'm honored to be here today I in addition to being site director duties I'm also the president of that down syndrome advancement coalition which is a coalition of nine organizations across the state from Fort Smith to all the radio who all support people with down syndrome in different ways and because of that as well I'm also well connected to families and we have in the course of the years trying to craft this bill and trying to think what what do we want to say what we want not to say M. I have had my finger on the pulse of the families and this bill very very accurately represents exactly the fear that the families come in come in contact with personally my family has faced this as well my story is not and similar to to Laney's we were told that my daughter's heart complication when she was born she basically didn't have a wall between the third and fourth chamber center heart there was just nothing there it was like to chambers and then one large and because of that she went into cardiac failure at two months old should never left thank you and they did immediate surgery they placed a patch that was grown out of stem cells into her heart and back in twenty thirteen that was like trying to fly to the Pluto and. After a twelve hour surgery she a year later was completely discharged from cardio with no cardio issues which is nothing short of a miracle but as you can tell that story has a lot of dramatic ups and downs and it was a lot scarier living it even though you know despite me telling you is that I can't even exploded into words but we were told that you know what we're gonna do this surgery it's experimental we're going to use a stem cell patch we're not really sure what's going to happen it should create a wall but if it doesn't the only option is a transplant and she would not be eligible for a transplant so to prepare the family for that that's terrifying and said to have just welcomed a child into the world and it be two months old and having to make all of these decisions immediately no family should ever be asked that much less a family that all of a sudden now has you know lifelong choices to be able to make about disabilities What most people don't know if you don't have a child with disabilities or if you don't you're not familiar with the disability community is that at that support system that Senator Davis mentions it almost makes me chuckle that people would think that people with disabilities are less capable of taking care of an organ transplant because that's one thing that you know says and I've I've been on personal calls with you knows talking about this in the research for this and they say you know what we take in the contacts is not only the capability of the person to manage their own medications in their own prescriptions in their own care afterwards but then the support system around that person and a person with disabilities especially developmental disabilities or intellectual disabilities often has a stronger support system throughout their entire life already built in because that child goes to therapy that child has IT peas that are addressed in public school that child already has you know several people who are you know well versed in that child's disability in addition to their medical well beyond what a typical child would typically have so it it makes me chuckle they think that you know that the support system might not be strong enough and that's absolutely not the case so I and again what what Senator Davis said is absolutely true what this doesn't do is it doesn't force a provider to say okay this person can have a transplant because they have a disability it's not that it's just another fail stop to say you can't say no because of this let it let it go to the next level let it progress onto the onto the people that they can make that decision and don't let that disability be a barrier I think M. I'm close friends with without Mr Dixon and his story is AS one for the record books and and see here as you know a young mother that we were just talking on the way here that he was you know in his in his childhood when he was M. as age and looks probably a lot like her and you know acted a lot like her and like a lot of the things that that she likes he was ignored and he was not given the opportunity for education he wasn't given therapies he wasn't given any of these I think we can do better than that as a society and I think we do do better than that now and I think this is another step that we're going to look back twenty years from now and say wow I'm glad they did that and I hope since I hope that that we're part of that narrative that twenty years from now we look back and we say we took away that discrimination and we took away that that barrier for people and that that we did get on that so I hope that you vote for this today. Committee or any questions. Thank thank you very much for your comments. All right seeing a you're welcome no one else signed up to speak for against the bill represented were you ready to close. Yes thank you I. All I Want to come up here and say is thank you. Thank you for your years of advocacy and all of your hard work on this issue it's it's so obvious that I'm I'm here just to my little part and Senator Davis work so hard on this but thank you again and thank you represented Bennett for advocating for this as well and at this point I'd ask for do pass as amended. Was will committee. M. represented Boyd has do pass as amended. any discussion on the motion. Seeing none all in favor signify by saying aye. All opposed nay moshing carries congradulations representing your bill is passed. Okay we'll move down to HB ten sixty nine represented Pilkington are you ready present your bill. You may see. Thank you chairman Represent to House Bill ten sixty nine it's very similar to a bill we passed last session to allow pharmacists to dispense oral contraceptives if you recall we passed out of this committee we passed out of the house and then on the Senate the Senate does what they do best which is really a good bill Henda and it got mired over there and of course we are running out of time and we just weren't able to get past so I want to refile it I've got a lot of support for it and had a lot of people kinda over the past two years tell me and I really wish there was all this past there is a slight change from what it was two years ago there was some some language that family council asks that I include and and I didn't think was too burdensome to it so You can see the language what is they would like to collect some data on on who is who is receiving this medication which I think is always good especially when it comes to population health management support have that information so that's it Would anyone have any questions. Committee is any questions. Represented glad you're recognized. Thank you Mr chair thank you Representative Pilkington just a question about the six month and seeing a family practitioner I suppose maybe a nurse practitioner or if if a woman goes into the pharmacist and they haven't seen someone within six months it if I read correctly and please correct me if I'm misunderstanding they can go ahead and get the appeals. But then they can't get in after another six months and if that to right then what keeps them from jumping pharmacies and working the system without ever being saying yes. Great question thank you as I think Justin Boyd put it Dr Representative cloud So that was something we talked about fighters you know we want primary care providers are a lot of times the quarterbacks of of care and so we want to make sure that we were putting these patients in the care they need and specially with would you why it's too we wanna make sure that they're getting directed to the right people and so we thought that this segment supplying you know I think I would want more but this was some compromise language and work in some other providers. they could do that I mean that that's right you know you could have someone go to rose drug in Clarksville and then drive up to Fay Advil and go head of the CVS it if they wanted to You know I I would hope they would they wouldn't do that because the thing is is when they do get the drug Mr them are dispensing them they are also given a referral and and my hope is that they would then follow up on that referral and and I would imagine the doctor's office would receive this for referral as well and they would follow up with the patient to to try to get them and so they can be seen and taken care of you know I'm sure at your practice if you receive a referral you've got your front working on those to make sure that those patients get in get seen so. There is a possibility could happen a mental ID someone could do that but I I just think the pros outweigh the cons in a situation like that and the reason what because we put that referral into it I think that makes this a stronger bill and I think it helps get them into a system where they're actually seen providers and it helps kind of get them into that pipeline the thank you. Rabson first you're recognized for a question yes that is I just want to clarify that the questionnaire that the partial fill out and the assessment information all that is to be determined and rules by the pharmacy board is yes ma'am yes and we'll make sure we put information about larks in there you know that some. An important point with may but yeah I know he had thank. Any other questions from committee. saying none We do have someone signed up to speak against but I don't have a name is there someone here in the audience who will speak against the bill. Can they hear me in the waiting room. there's anyone in a waiting room that wants to speak against this bill if they would come on into the room. Please introduce yourself good afternoon ladies and gentleman thank you for the opportunity to appear before you today my name is Fred Hart J. Fred or junior Evan Turney and protracted here in Little Rock Of a more native Laura Carissa within so other places of enforcement for a long time but. primarily in Little Rock and practicing here in private practice I'm not here on behalf of any organization and I was a first one sure represent Pilkington as well intentioned in this bill and and is true he has amended it the which I think it makes it better but it's still I think dangerous and I would argue that You gentleman that ladies and gentleman should be opposed and. First of all I think there are serious considerations about the whole subject of contraception. It is glossed over it is passed over quickly but there are serious medical and moral considerations of contraception of Israel have tended to get into this however I have brought some information some literature and I I realize you don't have time to read it today but I would ask you to take this with you because this issue whatever your decision today may be using is not going to go away it's going to come up again very briefly and and again I appreciate the committee's opportunity to speak today there are several considerations One of them is the fact that of assisted conception is is it's a if it's a serious. Drug with drugs with the profound implication psychologically and physically and that's not the that's not my opinion that's on the insert have you read the insert of oral contraceptives and it's a horror story of possible complications now I will tell you as a lawyer as a digression I thank Griswold versus Connecticut was one of the dumbest and most unconscionable things U. S. Supreme Court has done that to nineteen sixty five U. S. Supreme Court decision and considering so their decision that's that's a pretty high bar but I think Chris rose one of the top attention unless it is the law and and but we are not required is people's to close your eyes to what's involved in contraception and reproductive health generally and as I said first first of all the the and I've already alluded to this the the medical complications and serious implications for women's health that exist but there's more to it than that ladies and gentleman and at this point I'd like to just briefly speak from my own experience is that I've worked in several different programs and and a couple to legal aid programs I worked for a while and I'm blessed with central Arkansas legal services I worked in Jonesborough back when legal services in northeast Arkansas was it was up there and a good part of our practice was women with babies unintended pregnancies maybe office unintended pregnancies that resulted that are there currently. Our system of taking contraceptives and obviously I'm not in a position to do to get into the particulars but the but the fact of the matter is this is not just something hypothetical this this is real life and if he can do when you're talking about young people. you know that this is this is a serious decision to engage in sexual intercourse and the fact of the matter is ladies and gentlemen is that furnishing **** nilly contraceptives is encouraging promiscuity it is a green light now I I'm not I'm not saying it represented to a concern anybody else didn't do that but that ladies and gentleman is the reality of it when you start to make it easier to acquire you are transmitting a message that this is okay and and and it's it's it's okay medically and is okay morally contraceptives in fact fail and they certainly do nothing. significant oral contraceptives do nothing to address questions six transmitted disease as well just throw these out is is is consideration to reasons why I think it behooves us to be very careful in this whole area and the last thing I would argue to you but is German that we need to be doing is increasing the distribution of contraceptives we need to be construct not a broadly and and that's exactly what this bill will do we will expand they will turn on the Speaker I appreciate Representative Ogun tens candor just a minute ago in response to represent class question I mean is it yes they are obviously the the bill seems to indicate that we could have a you know musical pharmacist people going from one to another and then in that is a serious concern but there's other things also with all due respect forms as they are not doctors and they are not in there don't have the same trend you're not in the position that position is to to make a diagnosis or question of whether or not what the what the impact of this is going to be on the CIA's medical condition and and and there's more to it even that tragically is the committee is aware of who we are facing and a pandemic of sexual true sexual trafficking and so I think the I would argue that the the requirement the young lady a lady of the girl or lady. See a doctor it to some extent actions she'll Act to the protection actually the Berrier acts is so to speak an appropriate prophylactic fashion against this whole tragic. Instance of of of sexual trafficking which you which is going on so it is in any event laser but not argue that the committee to release table is built in and to take it under advisement this is This Is there are serious and application here for the health of the the citizens of Arkansas and in in most importantly for these young ladies are going to be affected and as I said I have some information and I realize you don't have time to read it today but I would ask you this is to be distributed to the committee and it it your convenience later on take a look at this whatever your decision today maybe because this is this is a question that is doing was fraught with serious implications and it is going to be coming up again thank you ladies and if you'll leave that on the table we didn't review it so I'm not going to pass it out I believe it on the table anyone who wants one of those copies can go get it after the meeting thank you Mr chairman thank you for your comments. Izzard any questions. Thank you are there any anyone here to speak for the bill. The one speak against the bill. C. nine are you ready to close represented. Yes I am a German Ladyman. You know when I got brothers bill two years ago and I think most of us are still on the public health committee back then you know we did this because in my view I thought we were and I think still think weird present a pro life bill we've seen blue states like California and Massachusetts and red states like Utah and Tennessee passed this type of legislation and the reason they've been able to do that is because they've seen a dramatic decrease in the amount of unwanted pregnancies which also resulted in a decrease in abortions so that's why I I I think is necessary I think. You know we but we build bridges on policy all the time to try to get to the common ground it's as some would say and so I think this is a bridge building piece of legislation to to become a more pro life state at the same time you know I understand that by you know expanding access to contraceptives is is a way to do that that's been proven to be effective I I understand some people do have moral reservations about contraceptives I get that I'm a Catholic I believe the church teachings on contraceptive but I'm also policy makers well and and I believe that if I can do a bill that is shown to you know I think it using Arkansas's numbers we could reduce the portion by over a thousand abortions a year by passes legislation that's good policy both morally and as a legislator and so with that I'm gonna make a motion to do pass and and I hope that you all will give me a good vote thank you. Okay committee The motion on the floors do pass any discussion on the motion. The clown represented glad you're recognized. Representative the third thank you chairman Representative bill written only hang up I've got is it just says. Screen of patients taking oral contraceptives to assess whether the patient has been saying about primary care provider Bob law. if there was some checks and balances where that that woman at least had to sign an affidavit or something saying you know I know I know we can't close all the loopholes but in the small community I come from there's at least eight pharmacies so she could be on oral contraceptives for four years without ever having an examiner or whatever so just that's mine yet and I'd I'd love to see an amendment for that and I could support it wholeheartedly thank you. To serve on the committee I I can speak as well. Yes. into that you know with you read right above it that's complete training program relates oral contraceptives that's been approved by the Arkansas state board pharmacy I think that's easily something we can bring up the board about you know. Putting that is part of the rule sign I'm I'm more than happy to go and talk to the board about that so I'm. I I understand the concern and I'm I'm I'm with you I'm I'm happy to do that. Is that something you might want to do on the Senate side or not. Well I think we can take care of in the rules process and just go ahead and pass the bill okay any other discussion. Seeing none motions do pass all in favor signify by saying aye. All opposed nay. Motion carries graduation bills pass. will move on to. H. B. fifteen twelve represent of Underwood. You're recognized to present your bill. there is an amendment and amendments come around. the you wanna start talking about your amendment while it's being passed down the a copy of it. Yes this chapter Shea Pritchett the time to speak to the committee today can Underwood represented district ninety that amendments came about through discussions with DHS basically they had a couple of concerns we try to address those in this amendment and basically they just wanted to implement change the information dates to may first twenty twenty two and they added two additional exceptions under the bill that also speak at the moment one being an exemption for people currently in foster care and people residing in domestic violence shelters I appreciate a good vote on Amendment. Any discussion on the amendment. Yeah we wouldn't give a buy option to look at it. I should up to that my understanding is the HSS neutral with this amendment as well. The members they may need more time to read the amendment. Okay any questions on the amendment. Representable you're recognized. I make a motion to adopt the amendment. I have a motion to adopt the amendment any discussion on the motion. Seeing none all in favor signify by saying aye. All opposed nay moshing carries congratulations your amendment is adopted you're recognized to present your bill as amended thank you Mr thank you committee under the food stamp program and there's a work requirement for only those who meet the following requirements one have to be between the ages of eighteen and forty nine years of age I have to be able bodied and you do not you have to have no dependents. In addition to that there's additional good cause exception so for example if you like transportation that would be a good cause exemptions from the work requirement for food stamps so the food stamp the work requirement for food stamps are are is already a very narrow I already passed a very narrow section of people but there's still a massive loophole in the we're in this federal law allows states to exclude an additional twelve percent of food stamps enrollees from the work Warmus if if a state does not use their total out meant they can stockpile those the unused exemptions year after year further disincentive housing people to find work and taking advantage of training opportunities so how Arkansas is one of those states that utilizes these additional when I recall no good cause exemptions and this bill would eliminate those no good because twelve percent exemptions so I have there's three reasons why I think that we should do this first this is sound fiscal policy. Our work requirement already applies to the very near group like I mentioned in the twelve percent is arbitrary if one can work they should work to receive food stamp benefits able bodied adults without dependents can receive food stamps for up to three months the thirty six month period if they're not working so if you if you're going to qualify for free since you still have additional ninety days before the work requirements would kick in. and you can keep this the food stamp benefits with the work requirements by gaining employment finding training programs or volunteering for only four hours per week day or twenty hours a week. So this is a common sense law gives taxpayers a better return on their investment it's good for the budget creates less government spending. Secondly several states have already eliminated This exemption ten states and territories choose not to use this waiver or exemptions including Missouri and Alabama the results from this of him per event very well received Kansas has had seventy five percent reduction in able bodied adults on food stamps. Main incomes for able bodied adults has road reason significantly. Emissary after stamper moments have dropped by eighty five percent in incomes have nearly doubled so third this is a fairness issue really. Similarly situated individuals are treated differently with these no good cause exemptions so for example I'm thirty two years old I'm able bodied I don't have any dependence without with with the way this with this exemption the government can say well we're gonna make you work for you make you for satisfy the work requirement they can find somebody who similar situation say we're not gonna make you satisfy the requirements so I think it's a very it's a fairness issue. So in closing I would propose that we continue to pass fiscally responsible fiscal responsible policy and be good stewards of our constituents money try to increase incomes and incentivize employment and with that I'd be happy to try to answer any question any questions. Are there any questions from committee. Representative Ferguson your. Yes mark what kind of the time the yes would you come to the table missed one. Please enter seventy represent. Thank Westerman more quieter here thanks you made a part of him services. And well I mean I have the same concerns about the is that I had about the work requirement for the Medicaid expansion program I'm not opposed to helping people find work and do this but enough to do this before seventy percent of people had a work requirement according to Kaiser didn't even know they had one is why they get kicked off. I need some assurance for mu if you implement this that there's an adequate notification process so these people don't lose their food stamps and didn't even know they had the requirement to work. Assura Respers and we wish we advise beneficiaries up front what their obligations are under whether it's the work requirement work registration and course and that and that kicks in immediately so they have as first owner would say that they have ninety days that they've got to come in compliance or otherwise they risk losing their benefits so that is something we work with the advisement fisheries up on the front end and also add that we we put Curley provide these no good cause exceptions only in a very small number of cases and that's why we to prescribe under would about an amendment was there these these are two examples where you think that it is justified because we want to get some folks there empty particularly difficult situations will give them little runway to help get their life together but all that say this change from our current practice it won't affect the a large number of individuals but certainly one sure that going forward in future ministrations there will be a change or a relapse back. You may ask for a yes you may I mean it it's my understanding from looking at these the snap or food stamp issues in the past that most of these people are people that are between jobs they're unemployed and you're just trying to give them a little hand up on the way to finding a new job anyway that most of them don't stay in the program for a significant amount of time so I guess I'm just trying to figure out why we would make that harder for people particularly in a pandemic do you know how many how long what's the typical length of time that this group is staying and snap. The I don't know that offhand I can tell you that right now what we when we do current these no good cause exceptions we do it for a maximum of ninety days so still only a temporary situation that we allow for their course and and one last point one thing we do want to do is when of course finding a job is sometimes easier said than done but we've done a lot over the last few years to really expand our snap education and training opportunities so the beneficiaries have opportunities that even if they can't find work we can get them in a program where they can get additional job training they get education which helps to meet that requirement but also gives them a better look up to find employment. I guess I want to know what that is since that didn't work out for Medicaid expansion. Which are the needs for information if you'd like. Any other questions from committee. Okay seeing none we do have one person signed up to speak against the bill. And I I can't really read this name very well so I'm a mispronounces the I'll let you introduce yourself because I'm sure I would miss pronounce your name. My name is to me go Townley I work with the Arkansas hunger relief alliance thank you Mr chair and members of the committee for allowing me to speak against each B. fifteen twelve the Arkansas hunger relief alliance as the state association of food banks and hunger relief agencies our collective goal is to eradicate food and security in the state of Arkansas we collectively work to meet the school by promoting and protecting access to federal nutrition programs like the national school breakfast program national school lunch out of school meals and snacks snap primarily serves children in Arkansas seventy first seventy four percent of households are households with children. according to a bread for the world report federal nutrition programs deliver nineteen times the amount of food assistance as charitable sources in the US these programs work in their current form and limiting flexibility limit access to these programs are rates of food insecurity and poverty are high in Arkansas and have been for over a decade one in four Arkansas children have inconsistent access to quality foods and one in six adults in Arkansas do not have consistent access to food according to feeding America which is the national association of food banks Arkansas has the second highest rate of food insecurity in the nation at twenty two point five percent or over six hundred and seventy nine thousand Arkansans. that food in security for children in our state is thirty two point three percent meaning that almost two hundred and thirty thousand kids in our state don't have reliable access to food our member agencies in the food banks continue to do amazing work by ordering housing and distributing emergency food to families around the state who need it they cannot do this work alone our state needs all the help we can get to meet the needs of hungrier Kansans and snack puts food dollars directly in the pockets of eligible participants. The Arkansas hunger relief alliance our membership the food pantries and food banks recognize the importance of keeping snap and other federal nutrition programs strong and accessible especially during a pandemic snap already encourages people to work Arkansas currently requires people to work to get snap unless they need an exemption if the child establishment is in between jobs there enrolled for only three months of benefits and a three year time period what we know about re enrolling in snap after obtaining a job after you've used up to three months is that it's a big challenge to get regain your benefits And it's those are what we call in our reporting requirements less work requirements working snap participants primarily work in service related fields as cooks home health care aides and in retail schedules can be inconsistent cars can break down income can vary and life happens and opinion that happened that snap participants should not lose benefits because their employer is unable to give them the hours they need to make the requirement or if they are and that's unsuccessful in attempting to secure placement and an employee an employment and training program for a variety of reasons we also know that many households emerge during the pandemic and many people had to transition from working to caring for non dependent family members R. State currently uses this discretionary these discretionary exemptions and smart way is we are not abusing these discussions were not stockpiling them and then exempting tens of people the fact that we have been appropriately using these discretionary exemption since the removal of the state wide waiver in two thousand fifteen demonstrates their value we're still struggling to Pendek people are caring for loved ones jobs are not plentiful these are legit is the legitimate reasons for people who are unable to find work right now this is not the right time to take away agency discretion and flexibility is our state has already taken away many flexibilities that formally existed to ensure benefits get to the people who need them in twenty twenty two we are already moving to the mandatory snap employment and training model and as I said earlier snapping courage's up people to work in its current form benefits are limited to three months in a three year time period now for childless adults this bill will not encourage work it will likely push people in need off of the program that helps them purchase food and will probably increase the error rate in the state please think of the people in your districts of the least please allow the state this to keep this flexibility and vote no on each B. fifteen twelve. Thank you for your comments. Thank you for allowing me to. For anyone who wants to speak for the bill. Seeing none Representative are you ready to close for your bill. With the chair up create Camillus to me today I will just make a couple of points we're not establishing the work requirements are changing the requirements we already have those work requirements I'll just this is all this is doing to make this making this more more fair and then also you know this only applies to people with in that age range eighteen to forty nine who are able bodied without dependents so if they have children they wouldn't fall under this requirement exemption anyway so I do wanna make that point as well so there is a good cause it should be stated in the good cause exemptions that I mentioned earlier and I will I'll also mention Arkansas is not using all twelve percent so we are stockpiling those that they could roll over year after year and be used later on and other states are you have already sent this and they've seen good results without clothes and ask for a good vote as amended thank you most will committee centreboard. Represented Boyd up I'd make a motion to pass as amended. Okay I have a motion of do pass as amended in discussion on the motion. Davis said that is amended. Any discussion on the motion. Seeing none all in favor signify by saying aye. All opposed nay. Motion carries regulation bills pass. Okay committee we're gonna skip over HB fifteen forty eight and go to HB fourteen sixty five represented Dotson. Recognized to present your bill. And we have another amendment. The. Mr. I can explain the moment while there has been you're recognized to explain your moment. Thank you The Amendment changes one letter in two lines of the title there was a typo. It says an license should say a license and that is what the amendment does. So. I just wanna be grammatically correct. I still governed by a few minutes sure. Okay committee at any questions on the amendment. Yeah motion. I have a motion to adopt the amendment I have a motion to adopt the amendment the discussion on the motion. Seeing none all in favor signify by saying aye. All opposed nay. Motion carries amendments Minnetonka you're recognized to present your bill as amended thank you Mr members the committee house bill fourteen sixty five does one very simple thing if you'll recall a couple years ago for those of you were here there was uh fairly large bill that went through a lot of the licensing code did a lot of good things made some reforms and and for occupational licensing one of the things that it did that didn't catch or I didn't wasn't aware of until the very end of session and as it was coming through in the last week I believe was it removed the term good moral character from. Many parts of the Arkansas Code. And the reason for as I was told was that it was not clearly defined within the code so is it was hard kind of a little bit more ambiguous and you know the. That was at that time I was like okay it's too late to stop this this boat as it's going along And make any changes the end of last session so uh worked with the attorney general's office and we. Found a definition that was already in Arkansas Code Arkansas Code twenty three ninety two four oh five that the AG's office said that would work that's that's a a good definition for good moral character and so rather than going back in and having a sixty page bill and putting it all in every slot within the entire code this simply points to makes one definition fort and points toward that that code in a fairly short build that definition of good moral moral character But back in the code so everybody knows that we want folks licensed that have good moral character so we're happy transferee questions. A committee any questions from the committee. Seeing none we do have one person signed up to speak against the bill. And again I can't read this neighbor will but Alex karate the correct. Please use your cell. And who you're representing. Hi my name is Alice canoe and I'm an economic policy analyst at the Arkansas Senate FOR research economics you're recognized of the also say just my views known as the record reflect you CA there my own but formal characters removed last session with our nine ninety some boards had some kind of interesting definition to more character for example the Arkansas State Board of acupuncture related techniques defined moral character as signed affidavits from at least two other repeatable acupuncturists still being approved by your competitors with how you We're approved to have good moral character. This interpretation had nothing to do with criminal history and studied just required references from competition ACT nine and the replacement character with just thirty five crimes that could be used for the Nile an additional twelve crimes that could be it could be for either have no restricted about how far back the board would look that thirty five had a five year look back. this along with tailoring crimes that can be ground for tonight close to the occupation of the best ways of keeping the public safe while also allowing people to reenter the workforce which is important since research from the United sensing Commission found the unemployed ex prisoners have a much higher probability of rearrest those are employed. Of putting more character back into code won't be health work for Kansans the issue's not have bigger define the term is but that it to general terms apply to all boards and licenses this leads to some harmful interpretations just another example There's some hearings from the Arkansas state board of public accountancy where they've had multiple hearing slated to a denial license due to dishonest behavior. these kids were denied because the dishonest behaviour of having a fake ID in college. they were overturned eventually and that applicants had to get attorneys and appeal the whole process but the fact that the general definition let the relevant trying to be considered as a real problem. denying people the opportunity to work because of something that in the past especially if they're attending to work in a completely unrelated profession is not good for Kansans. According to a study by Virginia's department corrections to Arkansas is the third highest if it isn't recidivism rate in the US and this is in large part because by a baby to entry appointment such as that used more character doesn't affect anyone and it's a step backwards from the much more specific definitions and current statute. Thank you to be happy to take any questions. Thank committee or any questions. It's saying then thank you for your comments. Does anyone hear speak for the bill. Against the bill. Seeing on the red clothes Representative. As Mr thank you at if you look down at the the Bill this bill is filed on well actually that's one was the drafting date sorry never mind it was filed several weeks ago in input out there so everyone could have the opportunity to to get back I've had a few people contact me including Alex and given several weeks to try to come up with a different definition something more specific but the the and just said they didn't want to try to further define it I personally believe that we do need to hold people accountable with a high standard for good moral character is something that we need to have in our our code it's not something we need to be removing from our code this is the best definition that legal minds came up with and I would appreciate a good vote moved to pass. A committee we have a motion on the floor do pass. Represent void as. Do pass as amended any discussion on the motion. Seeing none all in favor signify by saying aye. All opposed nay. Motion carries resolution bills passed okay I know we've got some people been waiting for a long time we're gonna move into the consent agenda now. And we have S. B. two fifty eight represented Bryant. You're recognized to present S. B. two fifty eight. Thank you Mr chair committee members this bill would appear. So during the last General Assembly we passed a law that would allow. Still subcontractors to be employed directly underneath a licensed contractor so if you were an electrician and not use me Mr a resident right members would jump you can always down little bit was hardly hear the presenter proceed okay so if you were at electrician and you wanted to go work for directly for a homeowner you would have to get a contractor's license to do that work however if you wanted to work directly for a contractors that had a contractor's license that's that's contract with the homeowner you could contract directly with that general contractor as a sub contract agreement to do that the state would require you be registered with the state instead of a license with the of the contractor's license with the state what that would mean is you still provide a bond you still go through the application process and register however you would not have to take the test do not to provide annual financial statements or nor do you have to identify any experience because you are working underneath the general contractor's license that registration process was good for one year with the stated contractors licensing board is asking is they could offer those registration licenses just registrations to be valid for one year two year or three year processes. And that's the extent of the bill I'll take any questions. So the fee there is per year so if you three year be three hundred dollars just clarify correct okay. Any other questions. Seeing no questions from the committee we do have one person to speak for the bill. Michael Langley. He is the general counsel for the licensing board and he's already set up okay. All right single for the questions are you ready to close for you bill yes Mr. What's will of committee. Represent Boyd made a motion to do pass the discussion on the motion. Seeing none all in favor signify by saying aye. All opposed nay. Motion carries resolution bills passed. Okay next bill is HB fifteen nineteen represented means. You waited patiently you're it's your turn you're recognized to present your bill. Thank you Mr chairman of the with your permission I'll bring Steve fair into the table yes that's fine please introduce yourself and who you represent. My name is Steve fair and I'm with the Arkansas oil marketers association management center you're recognized thank members members this bill is a brought to us from the Arkansas all marketers association we have a thing called the Arkansas petroleum storage tank trust fund this was established in nineteen eighty nine and it's this petroleum storage tank owners and operators sensitive the management rep just second members there's a fiscal impact statement this come around pretty to look at you may proceed represented. Can I get a copy that as well sure. Okay these are the original thank you. as I was saying that that fund was established in nineteen eighty nine to assist the student petroleum storage tank owners and operators to meet the EPA requirements this trust fund is used to protect public health and the environment with cleaning up first petroleum storage tank leaks so what this changes but it would change the cap of the trust fund from fifteen million to thirty million this cap has not been changed since nineteen eighty nine so with inflation we're worried that the fund is actually in no longer actuarially sound this is currently funded by three tenths of a cent per gallon a fee called the petroleum environment environmentalists assurance fee this three tenths of a cent fees collected until the fund currently reaches fifteen million at this at this time the PC any commission can lower the fee if they feel like it's needed to maintain that fund this bill would only change the trigger of that adjustment once the fund reaches thirty million dollars there's no fee increases that nothing changes except the cap on the fund and Mr Farron probably can add a little more detail to this if you'd like. You're recognized be adding comments I I do not I think representatives did a great job I'll answer any questions I committee on any questions. RIP center you're recognized thank you Mr chairman. what is the current balance in the fund it's about nineteen minutes well there's there's a total balance of over thirty million but then the unencumbered balance which we're talking about is about nineteen million currently. Okay all right thank you. Okay committee any other questions. C. nine red clothes for your bill I'm close the bill thank you represent Wardlaw you're recognized for motion. I have a motion do pass any discussion on the motion. Seeing none all in favor signify by saying aye. All opposed nay Motian carries this is represented represented. Okay we have one more bill is represented Hawke's here I don't see him. Okay we'll move that to the next agenda. and with that we are done. We are adjourn.
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Agenda

REGULAR AGENDA

Number Sponsor Subtitle

SB155 B. Davis TO ESTABLISH LILA'S LAW; AND TO PROHIBIT DISCRIMINATION AGAINST INDIVIDUALS WITH DISABILITIES REGARDING ACCESS TO ORGAN TRANSPLANTATION.

38:04

HB1134 Boyd TO ALLOW PHARMACISTS TO PRESCRIBE, ADMINISTER, DELIVER, DISTRIBUTE, OR DISPENSE VACCINES, IMMUNIZATIONS, AND MEDICATIONS TO TREAT ADVERSE REACTIONS TO ADMINISTERED VACCINES.

5:03

HB1135 Boyd TO AUTHORIZE PHARMACY TECHNICIANS TO ADMINISTER VACCINES AND IMMUNIZATIONS.

29:55

HB1069 Pilkington TO AMEND THE PROVISIONS OF THE ARKANSAS CODE CONCERNING THE PRACTICE OF PHARMACY; AND TO AUTHORIZE PHARMACISTS TO PROVIDE ACCESS TO AND ADMINISTRATION OF ORAL CONTRACEPTIVES.

56:42

HB1512 Underwood TO PROMOTE WORK IN THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.

1:11:45

HB1548 Penzo TO CREATE THE PERSONAL CARE MEDICAID REIMBURSEMENT ACT; AND TO ENSURE AN APPROPRIATE REIMBURSEMENT RATE FOR PERSONAL CARE SERVICES IN THE ARKANSAS MEDICAID PROGRAM.

HB1465 Dotson TO REQUIRE LICENSING ENTITIES TO CONSIDER THE GOOD MORAL CHARACTER OF AN INDIVIDUAL BEFORE ISSUING AN LICENSE TO AN INDIVIDUAL.

1:28:56

CONSENT AGENDA *Bills in Red added 03-04-2021

Number Sponsor Subtitle

HB1450 Eubanks TO REQUIRE A HEALTH BENEFIT PLAN TO PROVIDE COVERAGE FOR EARLY REFILLS OF PRESCRIPTION EYE DROPS; AND TO ESTABLISH THE ARKANSAS COVERAGE FOR EARLY REFILLS OF PRESCRIPTION EYE DROPS ACT.

2:11

SB258 Bledsoe TO AUTHORIZE NONMANDATORY MULTIYEAR REGISTRATION AND LICENSING BY THE CONTRACTORS LICENSING BOARD.

1:35:27

HB1519 Eaves TO AMEND THE PETROLEUM STORAGE TANK TRUST FUND ACT; AND TO INCREASE THE BALANCE OF THE PETROLEUM STORAGE TANK TRUST FUND REQUIRING A REDUCTION IN THE PETROLEUM ENVIRONMENTAL ASSURANCE FEE.

1:38:08

HB1564 Hawks TO AMEND THE TEACHER MANAGER INSTRUCTOR CERTIFICATION RELATING TO BARBERS.

Speakers