Public Health, Welfare and Labor Committee - Senate

Go first and when you are settled Representative Holcomb you are ready the. We're ready for you to start your bill and explain it. Thank you madam chair committee members cannot remove the mask yes you may. I'm here to present a real simple bill house bill thirteen twenty two actually just making one minor change of presently if you look at the rules for embalming it says the dead body that is not buried within twenty four hours after death must either be embalmed or refrigerated and it goes down to the very next line is says when a dead bodies being cremated and bombing in refrigeration is not required for forty eight hours all I'm asking is for forty eight hours with you being buried or what you being cremated a check of the health department there from Iraq to get their standpoint from medical waste perspective and because funeral establishments actually are have to follow ABC medical waste rules and found the embalming doesn't change or impact their medical waste rules also call the office for state board of embalming funeral directors cemeteries there are services to get their insurance perspective was inform their own birds are making some major rule changes as that rule change could be made there they should be better for we we made the change here at at our level so what about this to light was when a Representative Sheila Lampkin died her husband only had twenty four hours we knew about it was almost impossible to get a very that length of time so if you have an unexpected death it is practically impossible because of their short hours of the short daylight hours in in the winter months so I checked with the health department the corners positions have no opposition and gives family little more time to get there FOR graveside love small funeral homes don't have clues either so that's another issue so for me it's I don't want my family to go through the stress of of viewing then a a funeral visitation and a funeral maybe grace that so anyway that's in in that shall not be glad to answer any questions. All right ladies and gentleman do you have any questions. All right you're recognized Senator Davis thank you madam chair and do you have any feedback from any of the county coroner's spoke with the coroner's actually their their perspective on it was to give them a little more time for investigation so they like to. Okay yeah because I'm hearing that and. On that date and maybe not be in agreement with this bill and. And not holding an uninvolved body for forty eight hours without refrigeration is dangerous and maybe a public health hazard said we're with the meaning represented we do they're presently with the with the you know cremation so you know I just don't see what the difference in with the band but buried or burned with the what's the difference in the time frame to be and I have that no one email me or no one to talk to me about you know not locking the bill so. Matter of fact it was ninety eight gaze on the House floor as you're saying that that county corners that you spoke with just ask for a little more time to investigate the bill they say came no one when he when I mentioned that we I want to go to forty eight hours the city like the bill because it gave them a little more time to the investigative work in case of the death of both before would be involved okay thank you. All right any other questions from the committee. All right the scene none is there anyone in the audience who would like to speak for the bill against the bill. Okay we'll if you'd stand up Hey do you if you signed up all right in are you speaking for the bill or against it. All right if you come to the table please. And if you would of identify yourself for the record your name and where you're from. My name is Audrey Coleman from director of communications for Aurora. To identify or yes Aurora is the state's largest or an organ procurement organization first sixty four counties in the state of Arkansas and name floor primary goal is to recover organs and tissues for transplant all right you're recognized thank you. I am here today to provide commentary regarding house bill thirteen twenty two which requires that funeral homes not be required to refrigerate the decedent's body if the body is to be involved cremated. And we have a reward certainly understand the funeral homes position on the subject and I'm not here to fully oppose the bill however we are concerned about the unintended consequences of a reduction in the amount of available life saving and life enhancing tissue recovered in our state. The reason for this is as the primary organ procurement organization in the state and that's the story of the Arkansas done a registry Aurora is responsible for ensuring that the that the decisions of our Kansans who have registered as organ R. or tissue donors are honored for to make tissue donation happen I decedent's body must be refrigerated within twelve hours of death to ensure that tissue and popular recovery can start by the twenty fourth our affair. With this in mind we kindly request just the following amendment to letter C. of the bill. Twenty fifth embalming or refrigeration is not required when a dead body is to be cremated within forty eight hours after death we would like to add to that unless the decedent is registered as an organ tissue or popular diner where the dead body is to be refrigerated for up to twenty four hours after the time of death we support your support every registered owners intent to have the life saving gift of skin bones heart valves tendons ligaments and corneas recovered for donation in order for that to happen. There must be some level of refrigeration thank you for the opportunity to speak of this bill and I'm happy to answer any questions at this time all right center to hammer recognized for a question. The committee chair and appreciate the work that or a does first of all what is the time frame though that for tissues and and other organs that Perot would have to be in there to harvest them in order for the for to be used sell a body for in order to recover tissue must be down within within twelve hours and the entire process must be completed within twenty four hours okay if that's the case then what is the damage or the harm of extending from twenty four to forty eight if your work has to be completed within that time frame twenty eight to twenty four hours it's no longer viable so it's between the time of death and twenty four hours twenty fourth the twenty four hour is the very last hour that we can begin the case however if we are not informed about that until the twenty fourth hour we still require some time to get the body to or to the are to complete the process and that takes a few hours so for us the best solution would be is if we could get decedent's refrigerated only those who are registered only registered owners of could be refrigerators so that because there is an ad there's a comp contractual agreement that we are on our with our donors with the register under driver's license to say the thing want to become an organ or tissue donor that is a legally binding contract is that no one can over ride it's not even there next to can't. Bencher cash one more. The Bill pass. Okay so I guess I'm disconnecting because if. The time frame of which you have to harvest the organs is in that twelve hour up to twenty four hours. Then it would seem to me that if you're not engage by that time you would be able to harvest anything in it be purposeful and so that's where I'm having trouble understanding is because. Representative is asking to take it from twenty four to forty eight which is already established as being past the window of time that you could harvest anything and it be able to be used. Correct and what we're asking is that if the owner of R. E. comes to the funeral home and as determined that that body is registered we know that that individual had been registered in their lives. We are we're just requesting that they immediately. He placed in the cooler because it can also take up to twenty four hours for us to be able to contact the family to make certain that there's no corn no involvement other issues occurring which can sometimes delay the process aside from the fact that we also have to wait for the for the body often to be delivered to us so sometimes we're not even able to get started until almost twenty four hours if the body is not refrigerated all those hours up to the twenty four hour. There's we have no ability to recover any Arkansas before I'm sorry the tissue this is all right tissue donation tissue would not be viable at that point last question if if we do what you're asking us to do then would funeral homes around the state have to purchase cooling equipment in order to comply with what you're asking if they don't have a currently there to be some arrangement may. You know I don't I don't know that it's going to require purchasing cooling equipment we we certainly have a cooler and our all or but I that I cannot answer the question but they would have to be access to a pool of okay thank you measure. All right any other questions. Of I have a question do you have an amendment with you a written amendment with you well I do I have actually have we sent a letter on Friday to representatives and may not have had a chance to even see it but we did send an email to representatives Holcomb Johnson and Senator Stubblefield. They may not have seen yet so but fails to have the the language for the amendment and then. All right the senator Sullivan you're recognized for a question. Thank you madam chair the two seem to be little unrelated have you considered running your own bill. We have not okay thank you thank you manager all right. I think the. The server of a senator. Sullivan has come up with a good plan. Unless. Unless the Representative Holcomb is prepared to accept your amendment. Have you had a chance to even study the amendment. I have not seen the amendment matter fact I was surprised to the landing come against it so but you know I just don't think a time frame we're talking about would would affect their their tissue recovery they're they're what they're talking about is it's already a twenty four and if they get to that the that limit anyway they're still going to have an issue so you know I wouldn't be against them they ran a bill with with that registered someone registering to donate but I'd like to proceed with the bill if if the if the chair of the committee would be amenable to that all right Senator hammer. Thank members here and and I think everybody in the room once the best of everything my only concern would be and I remember when we passed a fire department bill about having to wash everything washing machines in the same group good for the volunteer fire departments again but for the ones that could and it put a hardship on what I'm afraid of is that we may be passing unfunded mandate on the funeral homes with what you're proposing and if the funeral home association and correct me if I'm wrong represent Holcomb thank you senator Greebel to this if we made an amendment to it here without their input I thank I don't know let me good thing I'm not I'm not oppose which saying that maybe represents all and so do you know at the funeral home association might oppose what's being presented I have no idea I decided this was in contact with their office and and worst thing Jessica Biel at BLR and and I made the phone call myself when I was talking about the bill and and at that time and I ask for thirty six hours and their suggestion was I moved Massey at three forty eight hours so that's that's how we come come to that. All right So seeing no other questions of ms Coleman I would suggest that you find a member of the house or the Senate to a speak with about a your own bill I think this black grey with the represented Holcomb I believe we've gone too far into I'm sure there might be someone that would be glad to help you with that thank you so much for coming today. All right. The sewers were saying for the upcoming for each still time yes all right thank you so much for being here alright ladies and gentlemen We've heard to some questions a and we have heard of. Speaking against the bill is there anyone that wants to speak for that the. All right seeing none had cute clothes for your bill Representative Holcomb close not appreciate a good vote madam chair and committee all right ladies and gentleman you've heard all the discussion so what is the pleasure of what is your pleasure all right I have a motion and a second all those in favor say aye. All those opposed you have passed to be thank you very much I appreciate okay. All right ladies and gentleman going back to the top we are going to of have this house concurrent resolution and I believe senator Gilmore. It's going to take care of that force and by the way Senator Lance is passing wants us to pass over his bill today and you make a mark that off your calendar for today all right you're recognized sure thank you members committee this bills of this resolution rather is very simple it it does exactly what it says in the title is to continue to raise awareness and urge continue collaboration in fighting the opioid crisis or pandemic is also known as I think we all know stories and you know more I have some that are personal to me the of of folks who have succumbed to drug abuse or over overdose or open overprescribing if you will but again this is just to raise awareness and and urge that we continue to collaborate to bringing into this terrible crisis okay any questions from the committee. All right seeing none is anyone want to speak for against this concurrent resolution. Seeing none the pleasure of the Committee. Motion the second. All those in favor say aye all those opposed all right you have passed your concurrent resolution thank you members alright ladies and gentleman we are now going to of. Cities of Senator Irvin is not here we'll pass that over to a Representative I mean senator Sullivan you're recognized. Okay. I will all right see if you can get in there quickly. Do what it takes to. All right you are recognized senator Sullivan for Senate bill fourteen. I'm sure that's the one we're going to pull down because there's a House bill. The cop so what is going to pull the right place thank you. Senator hammer. You're recognized when you're ready. But I'm sure we're going for Senate bill two eighty nine. Senate bill to a not just wanna make sure I'm present what you think comparable two fifty four is what I have. That's it thank you make sure. All right to remove my mask manager please thank you. Thank members here I'm not going to want to a lot of details I'll hit the high level basically what this says is that while we're under the code nineteen the public health or any other agencies that inter of business and see a violation of the directives of the health department are not to penalize the business but there to engage the patron directly and deal with the patron it would relieve the business from having to be the enforcer and it would move the responsibility to the agency to engage the public if they enter a business and see that a patron is not following the directives and that is it at the high level I'll be glad to answer any questions or any questions from the committee. All right seeing none. Does anyone in the audience want to speak for or against the bill I think I had to the. The representatives from the health department the. Michu if you wanted to come forward and she is speaking against. And that Gilmore is speaking against a few the dentist thank yourselves for the record please. Thank you madam chair members of the committee on large sheets of general counsel for the department of health. Thank you Committee macular part of health care you're recognized I want to thank senator hammer for working with us and sharing the bill with us and he has made some changes I appreciate that I think the overall concern is that the something we have done. But not often and Normally when we you know approach a business with the issue. We you know educate several times we don't just go in and write the the individual up right this is a. This if this if this passes this is going to hamper some of our enforcement efforts they will also You know if it's the bill the way it's written with so that we can no longer do this like I said we have done it very often. The concern would be that if it does pass that we simply cannot anymore eighteen the longer but it will also imply that you know what we were doing was wrong before this so there's concern there about future possible litigation if someone was to Use this as an opportunity to sue the state. That's one thing I appreciate the struggle the business is going through I know it's not been easy I can't imagine being a business owner right now but. The business owners are crucial part of what we do they rely on the apartment bills often for some other forced efforts and this will I mean we're we're not afraid to go in there and you know work with the patron work with the customer but at the same time this is something that we currently do with our enforcement efforts we we rely on the business owner help us and force those. One thing I visible center hammer about There is a word in the emergency clause another one because five but it could be used at some point we're also we unfairly penalized businesses that would also imply that you know that could be used in the future. With some of our if there's litigation or a lawsuit that could be used against us as well so once again I presented a hammer and all his efforts working with us. Miss you may have something to say your state as well. All right to make thank you I would just forget reiterate what Mr Gilmore stated we are concerned about the language that states that we unfairly penalized of businesses it is stated three times in the emergency clause so we are concerned about that statement and we did have limited enforcement against restaurants and businesses including cosmetology and massage therapy we did educate I have several times before in it the any penalties were issued the whole point of the health department is to educate and try and get folks to comply and our and environmental services folks did a great job of reaching out to people multiple times before any penalties were issued. Thank you. All right the you have heard to to speaking against do we have anyone that would like to speak for. We have a question all right question for of Matt or okay we'll find. Okay you're recognized. Thank you madam chair so and this is for intermission warmest Eubanks three you know fines or penalties has the health department assessed since will save March of last year. As pertains to code violations so the Department of Health the believe it's five with some of our retail food establishments restaurant type entities and those were. Specifically in Michigan I'm wrong those were specifically instances where we had a business that was basically just saying you know we know what the Director Senate run to this otherwise. So cosmetology establishments we have had issues there. I think the number apartment is around. I think it's around sixty. Sixty seven out of. Sixty seven out of forty three hundred licensed salons and that was after we had been there multiple times at least at least once I should say at least once we've got in there to educate and provide some some for some form of you know look this is what you should be doing with the current CDC recommendations are and then we have gone in there has to find them but minimal Fund financial make sure did you say that you had you know five you know you know you know penalties are assessed up five from the tail or they're more restaurant focused rest they were they were like a retail store more of a restaurant type okay but that was specific department health. Okay we have worked with the A. B. C. as well and they have that's unfortunate so that's five from March of twenty twenty three to one to center in the center of the coded that within that yes okay with the department of health okay how many of those or chain restaurants. I don't believe any of the more. Thank you thank you manager okay. All right of center Sullivan you're recognized. Thank you I understand the language there where it says your you might then emergency clause a. and your concern that it may set up future litigation if you return the money with that were removed after. There's no harm if you get their money back or not I think our fear is even though it's not it's an emergency clause and it wouldn't be codified someone could hold up this act and say. You unfairly penalize me and as far as the money if we return that that means we also we're committing guilt. Well I would disagree with that the manager returned. I don't know if you're meeting guilt or not but that would be my only question I think a remedy for that would be to return the money thank you madam chair K. I have a few questions in of either one of you of. Are you concerned that the language is codified when it relates only to the co that nineteen emergency that may and who knows when but let's say it ends in March in this languages Codified isn't bothering. You are. Is that a problem for you we worked with senator hammer we appreciate in putting that in there but I think at the same time what we hope we hope it ends tomorrow but we don't know that may be able to. Okay I lied there. Yes at center but we did work with senator hammer and we appreciate him that listening to our concerns the original bill that we saw was more broad and we ask that it be limited to this particular public health emergency. Okay also on page two line ten that seems to relate to orders or rules but agencies other than the health department is that a problem for the health department. That would be nice I think it could be We have enforcement someone for spent through our environmental health specialist the ones that do similar inspections but it could be an issue we we've also worked with other agencies through the pandemic to help us with enforcement or so that could be an issue. Okay and then the last question of are you concerned about the pandemic if customers are not required to abide by emergency orders. You know I think. Part of being a business owner and managing is there. It's it's it's a it's a huge responsibility but part of managing is making sure your employees of the right thing and your customers and you know when you when you put that we open that business I mean that's a huge responsibility that I. The I've I've been there before but at the same time I understand that. You're responsible for what happens in there and you want to protect our customers and also protect your your employees as well so I think it could be concerning as well okay all right senator Solomon. Thank you Iraq I have a doctor Delahaye testified before committee it's been several months ago. That when I asked her certain businesses were targeted she didn't really answer the question but when asked if the big box stores for being monitor audited she said no. And there am I ask do you have plans to do that she said we would conduct that you will consider that it seems in this instance when we're talking about being litigate when litigation may come up are people being unfairly targeted it seems like that's a pretty important thing so if we are this bill would suggest and whether of Senator Bledsoe just alluded to for concerned about the health of people while we're not monitoring the big box stores I think it's still in effect that they're supposed to have lines on the floors the first post at one way traffic up and down the aisles if no one is following up on any of those and the only people that seem to be impacted by the by this legislation are small independent restaurants so please help me understand why it is a risk to the community the court targeting this small segment of business thank We do get complaints on Walmart we get whichever benefit we have we have called corporate we've called the store managers I've been involved in those conversations we have had to visit with the store owner or corporate contact often times with with Big box we have a lot more locations than smaller smaller mom and pop type entities it's harder sometimes to I mean we get a complaint we have to with that we do we follow each one we call corporate we call the local manager we've we do whatever we can to try to reach out but you're looking at Issues that could be you know sometimes you have four hundred you know people at a Walmart store and trying to track down The individual that may be causing the issue or you know it and see it did it depends on the situation and what the complaint is but we do have multiple to a I mean I've been involved in a personally we help you I know you have my apologize for framing it that way I know you've been engaged with the outcome whether you engage or not the outcome is that with the penalties to a small segment of our business community have been much more greater impact so we're asking in this case of this legislation we're asking a store owner to take action a small store owner to take action against an employee where a large store a large box store owner we're saying with it's harder for them so therefore we're not going to penalize them because they're effectively have been no penalties for them where we have penalize small businesses that's just what the reality is FOR further Clerk clarification we have not penalized any other we penalize the five entities and the cosmetology places that I suggested to this one but we are not penalized any other retail small business or large business retail Barker. You know and the bill I think says agencies that doesn't particularly for the department of health so it may not be your responsibility for a Cup I think sixty thousand dollars worth of funds have come out so it may not have come from you but it has come from state agencies we were speaking directly on retail and as far as big box retail we have to find any big box without a small theater account I wind it down but I just think the what the bill if the argument is that we don't want to have to enforce this mask. Mandate or social distancing or putting lines on the floor one way traffic you for not going to enforce those summer saying that those all are equally important for the people's health I think it's hard to defend the position that this is it's impactful on big business equally of the public if justice greater risk anywhere. thank you madam chair all right any other questions. Seeing none thank you so much. Right ladies and gentleman do have anybody that would like to speak for the bill in the audience. All right seeing none have you close for your bill. All right. Thank members chair and members of the committee and I want to express publicly I believe I have a good working relationship with the Department health especially with Matt and Laura and we have worked together on this bill and got it to the point that we can to the point that you as a committee have to decide which way you want to go with this thing but I just want to make a few observations based on some of the comments I want to make sure there but understands that this bill does not interfere with businesses to conduct free market rights as far as if they put signs up on the door as the director of the public health department that that business owner still has that right to expect that other customers and so it doesn't you know does interfere with that decision what I think is given testimony also in committee today where's the focus being placed and what I want to try to give the small business owners that the tune of which sixty thousand as was mentioned while ago has been waged against her you know exercised against I want to get those small businesses the opportunity that if an agent walks in of any agency that is there to enforce the directives that have been given by the public health department that the encounters between the agent and the public and not the business and I think that's the dividing line right there we want them to deal with the individual and not expect the business are which still has to enforce all the directives upon their employees but in the environment that we're living in today I do think to small businesses are put at a disadvantage that they're expected to either run their customers off for you know be put in that awkward position I guess the last thing that I would want you also to consider is this and that is that if a if a calling complaint is made. Against the business and but it feels right to sit here's a member presented the bill and ask them this question but if a call in is made a complaint against the business and they walk in to investigate and that person is not there then I think that what we need to do is expect that the agent engage the public directly and take our business owners out of that position with that manager appreciate a good vote now make a motion to pass all right so we have a motion to pass we have a second all those in favor say aye all those against all right your bill has passed thank you. All right we are going to let us Senator Irvin come next. And then we'll go back to you senator hammer. This is Senate bill one forty three and you're recognized Senator Irvin. Thank you madam chair members of the committee and today you have before you a bill and to insure that beneficiaries of the Arkansas Medicaid program have access to new products and label expansions approved by the US FDA and it also creates the rare disease rare disease Advisory Council and this is such an important bill because as things are changing with health care and with the FDA and how these drugs are undetermined and their efficacy it's really really important that the doctors and those that are treating these patients that have these rare diseases have the ability and the flexibility to treat and to to treat those patients that's just really the bottom line here and what this bill does is to ensure that there is good communication that there's good information in exchange so that the you know that so that the bureaucracy I think doesn't get in between the patient and the person that is providing that health care for the patient so Arkansas it's only one of four states that do not provide immediate access to drugs following FDA approval and so it's really important that there is a process that in place and I think that's a good thing to create that collaboration and that communication and then the rare disease Advisory Council this is something that we worked with DHS on which I'm very grateful for and it really goes to making sure that those experts are there that can determine you know and make sure that those judgments in this treatment plans are appropriate and then can sign off and approve those treatment plans and medications for the rare disease that they're trying to to treat so this is a patient advocacy bill and one that's very close to my heart it really kind of falls in line with your stepped therapy bills under blood so that you passed it's a little different but. It you're really dealing with with those rare diseases that we see very very few and far between but they're out there and they're very critical and serious for our patients so if that'll answer any questions all right senator hammer you're recognized for a question the committee here in center thank you for bringing the bill you know I actually work on the pain of pandas Advisory Council one of the things that we've run into that of which I've got a piece of legislation I'm working on deals with Medicaid refusing to pay for experimental drugs for diseases to you know it is is just strictly dealing with those drugs that have been approved by FDA to specific type of rare diseases or how does that work. So yes I mean federal Medicaid law and you have president that you have to these are these are coverages following the FDA approval and so and when you look at the ability to utilize those drugs that's that's what this bill is focused on so if the FDA approves the drug to be used in the treatment of a rare disease. Is this that is being created in the way of this Advisory Council going to in any way prevent those drugs from. Being used if the FDA has approved it already. I think the idea behind the rare Advisory Council is really to try to ensure that they do get approved the reason why is because it when you deal with prior authorizations sometimes you have folks that are determining that's popularization that may not have the same level of knowledge about the disease that they're asked to sign off on and so the the rare disease Advisory Council are really to try to get those individuals on into a room to determine if these drugs can be utilized and if there and effective and then they can be paid for so it's really to create more abilities for our patients to get coverage all right thank you thing mentor all right of any other questions. All right C. nine does anyone in the audience want to speak for or against the bill. All right seeing none of the clothes for your bill would you like to close for thank you I'm just as happy to be before you and this is I think very appreciative of the Department of Human Services for working with us on to make these changes and include definitions that were important and I just appreciate a good vote all right the ladies and gentleman what's the will of the committee all right to have a motion and a second all those in favor say aye. All those opposed congratulations to pass to bill thank you madam chair thank you members. All right we are going now to back to Senator hammer. And this is the. Senate bill two eighty nine. Thank you ma'am sure Kim hammer state senator to run this this Senate bill two eighty nine and would you like to get Senators himself in a yes at the that be good. Madam chair may I proceed without the mass well in Texas thank you madam chair I'm Stephanie Nichols with alliance defending freedom I'm based here in Arkansas and I've been a licensed attorney since two thousand six I have been working on religious freedom and conscience issue since two thousand twelve and I'm very grateful to be with the committee today all right thank you. The court with family council all right thank you you're recognized senator the committee chair thank may be where their handouts that were given that we asked if they would be approved to be given out to the committee has approved them and they will be given now thank you after. Madam chair with the chair Lao if Representative Smith want to join us maybe socially distance grabbing my chair on the application I want to ask him a question please. He would introduce yourself for the record please. Represented Smith. Brandt Smith co sponsor on this bill I thank you all right. Thank you measure for charitable yield the Mike to stepped out that she's probably proficient can move this along more initially if that's alright with the chair case. We have a new day dawning in our country and in Arkansas and we are on the brink of threats to medical conscience in a way that we have never seen before. Arkansas children's hospital has a new gender transition gender identity clinic the bite administration I predict will soon be forced the these procedures to be funded through Medicaid which will increase pressure on providers doctors and nurses to assist with these types of things that many practitioners have deeply held beliefs against this bill is not limited to those types of procedures but it is a facet that is new and the reason why this bill should be passed sooner rather than later in all honesty I have spoken with friends who are advanced practice nurses this issue is already here in my home area of Johns for Arkansas I may pediatrician appointments a couple of weeks ago for my kids and I got asked whether my whether my eight year old son identified as male. I got asked whether my ten year old daughter identified as female so this this issue is here for medical providers right now and it's not the only conscience issue but I did want to be accurate about the sense of urgency that we're facing as a state and the need to protect rights considering what will be funded by the by the administration we also have seen over the past several of years several years that people expected the trump administration to protect their rights for medical conscience you could submit conscience claims under federal HHS there is no federal cause of action established but HHS can pursue it for you I do not think it would be appropriate considering president Biden's statements against medical conscience for anyone to be relying on his administration to pursue those claims. statistics show that conscience is majorly at risk twenty three percent of religious medical professionals have already experienced discrimination in medical school the status is thirty six percent and what we really say we see big life issues as far as pro life OBGYN and medical students who are considering going into that field twenty percent of medical students have made who are people of faith have made the decision not to go into certain fields of medicine because they believe that field is hostile to their beliefs and that is tragic to me if somebody feels called to have a vocation is set in a certain area this is America and there should be diversity in protection for people of faith as well as other people you know we hear a lot about health care for women but I'm a mother of five children and a lot of the time what gets left out of that conversation is health care for pro life women. I have specifically saw a finding of pro life OBGYN and found out that it that can be very hard doctor to find and if you have ever been a woman who is found herself in a high risk pregnancy situation which I have it would be a wonderful thing to be supported by a doctor that supports your values just a little personal story a friend of mine was diagnosed with the same high risk pregnancy issue that I had and she had a maternal fetal medicine specialist who recommended abortion due to the unknown of the condition that we had and she never went back to that doctor so that meant less care for that pro life women so a lot of times our voices are not heard but this bill helps preserve access to any medical field for people of faith that they want to proceed to pay and I do want to pursue preserving the rights for pro life medical students to feel confident going into the OBGYN failed in the face of adversity just a quick walk through the bill now and then I'd be open to any questions you might have I may not know the answer to every question but I have researched medical conscience extensively. on page two of the bill. You have the definition of conscience and it's really related to core religious moral ethical or philosophical beliefs. If it's very very important to note that medical judgment is not covered here so a nurse cannot tell a doctor I don't believe in providing antibiotics to that patient and we can go ahead a and you know I assume you're familiar with the bill so any questions you might have I'd love to answer. All right thank you very much any questions from the committee. I have one it's almost like of playing the devil's advocate what if you have a small business in maybe there. I don't know I'm the sale of this. Of a smoke a clinic and the nurse doesn't want to do certain things have does that mean is there. A I mean you stop all the work in the clinic had you thought about something like that yes I have research that is please enlighten me yes what you cannot conscience yourself out of a job if that makes sense and so for example a nurse is not going to be able to get a job at Planned Parenthood or a surgical abortion clinic and say I hope I just discovered that I have a conscience objection to surgical abortions or you know you can't you can't do the same thing you can't apply to you know Arkansas children's gender transition clinic and say oh I've just discovered that I don't believe in this and I'm just going to sit around and not do anything all day elude NO way has some case law there's the two states in the country that have bills very similar to this and that's Illinois in Mississippi and there have been very very few cases filed one in Mississippi and for since nineteen seventy seven under Illinois's law but one of those cases gated gave a great articulation of the issue and it said that you can not use a conscience law to you know essentially get yourself out of the court duties of your job see you know so your your employer has a duty to try to accommodate you but she cannot cause issues for you know you cannot get hired to do one thing and then decide how I just I just prefer to sit on the couch at the clinic and read Facebook all day not gonna happen thankfully there's precedent saying that you cannot use the conscience law and that way thank you so much for that great question share Bledsoe can any of the questions. All right up seeing no other questions from the committee does anyone in the audience want to speak for the bill. All right a does anyone want to speak on the bill I believe that with two you're going to. Komenda introduce yourself for the record please. McGill reported health. You're recognized thank you committee appreciate visiting with the family council and little while ago we are not against the bill we have as I told loop with family council earlier you know we have local health units across the state and sometimes we have a hard time many in those situations where there's a one. Nurse and that local health unit and I understand what they said with as far as you know as far as your conscience occur believe I know they have placed us stated some case law there I appreciate that they would be hypothetical for here in Arkansas I appreciate that we're not against the bill but just wanted to raise those issues you know we get immunizations. specially with the new co that vaccine I think there's a presidency there would you know some hospitals some healthcare professional to be men has president about taking the vaccine so there's concerns there as far as maybe not what their conscience as to what they believe are the sort of thing also you know we also provide week and some of the health unit's and I think there's the might be concerned there that you know dealing with you know on what mothers Committee on an individual's might say that you know I have an issue or I believe or my conscience says that I shouldn't service individual hopefully it will never happen but there's a possibility none of this is new to Arkansas so we don't know what that would look like with something we need to think about on the one thing we had asked of the family council a little bit sponsors if there might be a way to possibly amending out the department of health and some of our duties that we do so just want to mention those comments thank you okay but I do agree that the mending of. Hello the state health department would be a good thing because the. Of so many people so many women use your clinic if I'm correct. And they're just a lot of the things that go on that it would be helpful. Would you not agree I would agree sometimes in these rural counties and report the state the local health unit is the only place that they get some of their basic healthcare but you know that's a for the committee of the legislatures all right thank you and I appreciate appreciate your your testimony. All right of. I don't see any others who have signed up to speak for or against. A haven't missed anyone. All right thank you very much. Thank you would you like to close for your bill thank you have We got right up here to the end and finding this out I don't know that I would be opposed to it which you know visiting with folks here they're help presenting however what I would like to I do not have a written amendment what I'd like to do is passed out of here they can battle it on the House stand at it down there you can sit back down here we've already discussed the bill I don't think it will require a lot of time of the committee once it comes back up this way and we can resolve it that way okay I think that's a great idea and I'm not model it up by trying to close on the bill other than to say motion do pass unless all right I think we have wait just a second I think your co sponsored from the health would like to say well I would like to just concur that. If we need to do an amendment on the house in we'll look at that will take care of it over there I would also like to mention that I've been on the phone several times texting in a phone call today with doctor Greg Greg Bledsoe and I just text him a minute ago and asked if he would allow me to say that you know thank you know just that he fully supports one hundred percent this bill. That wasn't always the case but at this point as of this morning he's changed his mind and he said just make sure the committee knows this is coming from a private citizen for me as a doctor and not the governor's office but he is fully supportive and I wanted you to know that thank you thank. All right of them back to you senator hammer are you close for your bill I'll close I make a motion to pass manager all right. All right we have a motion to pass we had a second all those in favor say aye all those opposed congratulations you passed your bill thank you ma'am share members of the committee. All right we are. getting to. A non controversial bill. So. We can all all get excited about this. Senator Wallace you are. A. This is Senate bill two forty. And when you're settled you are recognized. Thank you madam chair members. This is pretty much to clean the bill. the purpose of it is codified special language in the section fifty of the current DQ appropriation bill. It It qualifies specially which recently deleted from the division of environmental quality Q.. Specifically this language exams twenty four public facilities boards and water authorities from regulations and requirements to pay into the nonmunicipal domestic sewage treatment works trust fund. The following are specifically exempted state or federal facilities schools universities and colleges. NT's that continuously operate due to a connection with the city or town or county. Or a commercial or industrial entity that treats domestic sure from its operations and does not accept domestic sewage from other entities. For other reasons. The benefits is it simply and clearly codifies an exemption contained special language into the Arkansas Code. There's no fiscal impact there's no opposition hi. any questions from the committee. All right seeing none to someone in the audience want to speak for the bill. Against the bill. Seeing none had to close for your bill have closed and I make a motion to pass all right we have a motion to pass do I have a second I have a second all those in favor say aye all those opposed you have passed your bill. Of ladies and gentleman I don't see anything else on the into the. And everything seems to be good so we are adjourned.