ALC-Administrative Rules

Good morning members thank you for being here will call this meeting of the ministry rules to order. First item is reports to the executive subcommittee you have those reports in your packet regarding the approval of an emergency rule since our last meeting can I get a motion to adopt these reports. I have a motion and second. Second all those in favor say aye. Opposed no. Motion carries in these reports are adopted moving on to item see reports on the ministry of directives pursuant to act twelve fifty eight of two thousand fifteen for the quarter ending September thirtieth of twenty twenty. We'll start with department of corrections of some of the agency please come forward. Enter the sure so for the record you are welcome to present your report. Good morning Mr chair and committee members my name is Lindsay Wallace I am the chief of staff for secretary Solomon graves for the department of corrections. Today I'm here to report our our quarterly report for new and revised administrative directives issued in the third quarter of calendar year twenty twenty there were no new or revised administrative memos for the third quarter and beginning with secretarial directives secretarial directive twenty twenty dash zero six concerning internal investigations and criminal evidence handling the secretarial directive was created to establish the procedures and techniques to be used in conducting a thorough and efficient investigation across the department this creates standardized procedures across the department in places the internal affairs division under the secretary previously the two major divisions operated their own internal affairs units. Moving to the division of corrections administrative directive summary the following eighties or repealed and replaced by the secretarial directed that I just mentioned AT twenty thirteen dash forty eight concerning criminal evidence handling and AT twenty seventeen dash sixteen concerning internal investigations and computerized voice stress analysis. AT twenty twenty dash zero eight concerning inmate property control this administrative directive was amended to state that the inmates copy of the personal property inventory form is no longer required to be paint and color the inmate must receive a legible copy of the completed form previously triplicate or duplicate forms were utilized and they were becoming hard to read and are more obsolete so we're moving to the legible copy with that eighty. AT twenty twenty dash zero six inmate property control was replaced by the previous eighty that I just mentioned twenty twenty dash zero eight and make property control. Moving to the division of community correction the division of community correction didn't issue any administrative directives or administrative memos between July first twenty twenty and September thirtieth and that concludes my report for the the department of corrections. Members any questions on this report. Seeing none without objection this report will be reviewed and filed you may continue on with the parole board thank you I'm here to also report the quarterly administrative directives FOR the parole board no new or revised administrative directives were issued by the parole board for the third quarter of twenty twenty. Any questions from members. Sting then without objection is report will be reviewed and file thank you very much thank you. Moving on to item D.. with some of the agency please come fortitude for the record we will review rules file present Arkansas code ten dash three dash three oh nine and start with department of commerce Arkansas economic development commission. Please introduce yourself for the record your. You will be recognized presenter rule. Thank you Mr chairman Jim Hudson general counsel for a DC. Other post rule the term presenting today is an emergency loan program FOR certain developmental disabilities providers these providers that would be eligible for a forgivable loan program they have more than five hundred employees this is the same loan program that was approved and authorized by emergency rule last July by the executive subcommittee. For today that all the loans have been issued and we are waiting recipients applications for forgiveness semi all for the recipient's loans meet the requirements for forgiveness we fully expect the program be fully wound up within the next few weeks with that I'm happy to take any questions that the committee may have. Okay questions from the members. Representative Vaught you're recognized for a question thank you Mr chair I'm way over here yes ma'am I have many loans have been made four ones were made of the loans totaled seven million seven hundred twenty five thousand seven hundred twenty one dollars and then how many of those are providers of all for recipients are providers they were the Arkansas support network friendship community care Easter seals and good will. Thank you Mr chair. Thank you Representative. Senator rice you're recognized for a question. Okay. All right thanks Sir any other questions from the members. Seeing none without objection this rule is reviewed and approved thank you Mr chairman thank you committee. Next department of commerce state insurance department. Please identify yourself the record in you're recognized. Mister chairman M. gray Turner associate counsel with the Arkansas insurance department. Okay I'm here today to give in on behalf of the department to. Four room one twelve which is our travel insurance rule this is a rule to modernize the travel regulations and make it in this rule is to implement ACT six ninety eight of two thousand nineteen I'd be happy take any questions. Any questions from the members. Seeing none without objection this rule is reviewed and approved thank you Mr chair thank you. Nicks is department of energy environment oil and gas commission. Please identify yourself for the record you will be recognized presenter rule. Large mangle director Arkansas on gas commission. You have to rules today three a is general be twenty six. Which governs the general lease operating requirements of long AS the facilities. what the general what the amendment does is very simple A two changes one we amended the rule to reflect transformation in change AT Q. two D. here division of environmental quality instead of Arkansas department of armor quality the substantive change to the rule deals with the remote monitoring of a storm water discharge around tank batteries the rule currently requires that be witnessed in person. however to the various Methodology is now available to us for remote. monitoring of that the event of wind issued a pilot program to attest that potential it was successful and so we're amending the rule to allow the director to authorize varies from mote monitoring operations for that particular feel operation. Any questions members. Seeing none without objection this rule is reviewed and approved please continue with your second thank you. three B. as a general rule D. twenty three this deals with the of the commission's regulation of underground natural gas storage projects a starkly the commission has regulated underground natural storage in Arkansas through state statute however due to various events around the country the department US department transportation. through the pipeline has of materials safety administration adopted federal regulations nationwide dealing with the regulation of underground natural gas storage projects. each day was given the opportunity to. A to apply for and receive authority to implement those on behalf of films of. Arkansas due to the on gas commission. And the part of that authorization was to adopt federal regulations in addition to our state regulations what this is is that the incorporation Federica lesions into our state rules don't gas commission will implement. Any questions from members. Seeing none without objection this rule is reviewed and approved thank you very much thank you. Next department of finance administration alcoholic beverage control division. Please identify yourself for the record and then you're recognized procedural probably Chandler director of alcoholic beverage control. Michael Lewis attorney for alcohol beverage control. Template image staff attorney for ABC. We have three rolls on the A. B. C. side today the first is the subtitled distiller's manufacturers subtitle Kay is a new addition resulting from ACT seven forty of twenty nineteen the act amends the distiller liquor manufacture permits the fonts operations and specifically authorizes the off premise and on premise cell being a slicker and authorizes the being a slicker tasting events pursuant to the changes made an ACT seven forty. Members any questions on that rule. Seeing none without objection this rule is reviewed and approved please continue on. The next role is a role for the. Permits to manufacture and wholesale based upon amendment one hundred to the Arkansas constitution is established the for casino licenses which are going the alcoholic beverages sold in provided are governed by the racing commission due to the fact that the whole sellers are only on title to sell alcoholic beverage control. Alcoholic beverages to those premises that are permitted by the alcoholic beverage control these rules were reflected necessary change to allow them to distribute to casinos licensed by the racing commission. Senator hammer you're recognized for a question. Thanks for share the hold the is it the A. B. C. Bordeaux that'll hold the permit or what I'm a misunderstood what you just said. Based upon amendment one hundred we no longer issue permits to the casinos themselves if they are manufacturing such as having a of microbrewery on the premises we would issue a microbrewery permit for the manufacturer because that is not covered but because one amendment one hundred covers the district the sale of alcoholic beverages under the casino licenses those those cells will be handled by the racing commission we do not have the authority to oversee those alcoholic beverage sales which created an issue because wholesaler's can only distribute to a alcoholic beverage permitted location and casinos are no longer I will not have an alcoholic beverage control permit. So. If somebody one follow share thanks so if. Somebody wanted to be a defiance against any department of health rule involving. an establishment that sells liquor they wouldn't have you all would have any authority to come in and pull their license and what you. At a casino we would not have any authority over there. Okay alright thank you. I think Senator any other questions from members. Singer no others without objection this rule is reviewed and approved you make your third rule now. The third role is a medical marijuana role it is the new oversight of the medical marijuana transporters and distributors it is created person to amendment ninety eight allowing to have private transporter licenses those are license or set next under the medical marijuana commission rules there being proposed this allows the oversight of ABC to monitor and govern those just like we do the processors dispensaries and cultivators. Any questions from members. Seeing none without objection this river. Rule will be reviewed and approved thank you very much. And you've got I guess more on the next one number five department of finance restriction alcoholic beverage control medical marijuana commission. Yes chairman. This is the rules the first one is the rules for licensing of the medical marijuana transporters this is a third party entity as it stands right now the amendment allows self transportation body cultivators is Spencer is however the amendment also allowed for independent transporters third party transporters of medical marijuana between licensed facilities only this is the licensing rules that mayor those rules that we have for the had for the cultivators and dispensaries to be licensed by the commission these are for the transporters. Senator rice you're recognized for a question. have we had any particular Problem or. Number of problems with any the transportation up to now or back when this was being set up the security requirements for the buildings and those signs it's been any any type of problem so poor without any Senate and problems with the securities we we check the buildings we what we monitor enforcement monitors the manifest and we check those transportations. Thank you. Thank you senator Senator hammer you're recognized for a question thank you Mr chair can you just tell me about the safeguards that you have in place that if you have a independent contractor for understand this right that's actually going to be transporting the product from point a to point B. what do you have in place to make sure that the product is the integrity of the product is preserved by the third. Party contractor so under the a transporter operational roles that have already been put in place we have in place the same oversight that we have over the cultivations and the dispensaries that are transporting they have to have it and secured inside the bill inside the vehicle it is checked in and out through a manifest will be checked in out there manifest between the facilities that the transporters transfer into they must have multiple individuals in the vehicle at one time those ended individuals will be writ card holders that will have pastor of a federal and state background check before a cards have been issued for them to transport. Full of Mr. So I'm reading the definition that they must have a reputable and responsible character in response a chilled given is there's not any specific authority. it seems like we've had this conversation before in another area where that terminology was actually removed because it was hard to enforce can you speak to the reason to leave that in there for if you're gonna leave it in there do you think there ought to be some discussion about defining what reputable and reasonable care responsible character is so the language that is contained in these roles for licensing the owners of these facilities is exact language that we have left and the place for the cultivation and dispensaries and the interpretation that has been used for for that language is the passage of the a state and federal background checks. So let substitute if they if they can pass a federal state background check then they fulfilled the definition of having a reputable and responsible character is that is that right that that it would be one aspect the commission could look at if there's any testimony that comes forward if they did not I an application they could review any other issues but historically what has carried is that they have passed the state federal background checks in there been deemed to have a reputable character but there is an Avenue through test more than for the public to come forward and call somebody's question character in question and that would be weighted into y'all's decision they would be wide and the commission's decision to license that entity okay thank you thank you Mr. Thank you senator any other questions. Seeing none without objection this rule is reviewed and approved. Ida B.. The last role is the licensing of the processors as it stands right now the entities have been self processing the cultivators uncensored cell process amendment ninety eight also taking consideration allowed for third party processors so these rules are there requirements to license those facilities so that we can have an independent processing unit. Any questions members. Seeing none without objection this rule is reviewed and approved thank you thank you. The next item department of health center for health advancement. I'm sorry escape twenty department of finance administration board of finance. Good morning TJ Fowler legal counsel for the state treasury. Debbie Rogers office of accounting department of finance administration. Me presenter rule. Thank you Mr chairman I thank you members of the committee today we are presenting some of will amendments to the state treasury investment policy and also an identical will change for the state treasury money management trust policy in the twenty nineteen session the General Assembly enacted ACT eight eighty two that act when to change the language a previously in order to make investments the treasury had to receive three quotation builds from brokers. Tatian bids are necessarily applicables to all of the modern investment types of the treasury now uses and so the law change gate will ask the state board of finance to promulgate rules rather than have it and statute as to how they would secure the best price and make sure there is no favoritism towards anyone broker the rule change does that by ensuring a competitive procedure for the purchase and sale securities seeking optimal price and preferential treatment towards any broker brokers at still allows for three quotation bids were applicables but give some flexibility where that is not at all. It does this by requiring free trade analysis for bond transactions and requiring the treasured retain sufficient audible documentation to events competitive broker and security selection. Senator Rapert you're recognized for a question. Just checking I presume that this investment policy has the approval of the state board of finance. Yes Sir this is a rule change by the state board of our state thank you. Thank you senator. have a recognized her question thank you can you tell me what necessitated the change I vaguely remember the act but what was it that drove the need to make the change a number the investment categories of the treasury now uses such as CMO those don't have quotation bids seem as for example of our products are created in a troll Lynch by a single broker so the only place to purchase those sort of things is from a single broker there's no way where you can get three bids on that one product and so the rule change legislative audit actually brought up the issue is that Hey it's impossible for you all to follow the laws it's now set and so the changes there so it for all asset categories we can meet the mute desires of law and the legislature. One more Mr. So given the environment that we're in and looking back over the last year the return rate on the treasury. Is it as good as we were a year ago or what is what is the the current direction that to return a rate is going. For the moneys invested with the treasury. So the the current market is not good for any fixed income investor and as such it is going to affect the state treasury that way that's just a universal truth about having lower interest rates so to answer your direct question no I I don't believe the treasury has the same earnings as they did a year ago but that would be true for any fixed income investor in this market okay alright thank you Mr. Thank you senator any other questions from members. Seeing none without objection this rule is reviewed and approved. Thank you. Next is department of health center for health advancement. You'll identify yourself the record you're recognized to present your rules. If you don't mind go through these one of time. Thank you Mr chair members to the committee on Larson I'm general counsel and I have with me talk Thompson managing attorney to answer any questions on. Occupational licensure portions of. Several acts that we have before you today. The first on the agenda is the licensed lay myth with free rules. These were amended back in twenty nineteen to comply with various. Page the licensure acts including ACT eight twenty with the military licensure acts four twenty six and ten eleven we also added a references to the prohibiting offenses and pre licensure background checks for ACT nine ninety we added a form for compliance with ACT nine seven seven which is a requirement for hospitals to report to the department of health any transfers from midwife attended burst we had a public comment period that expired in July of twenty twenty. And we received one comment from Mister Senate felt from the health and safety institute regarding approved CPR courses which should approve include the American heart association and the American red cross after further review the department of health did amend those requirements and provided for those types of courses and we did have a question from the bureau of legislative research regarding our form and any have the concerns were addressed at this rule does not have a financial impact and we're happy to take any questions. Thank you members any questions. Seeing none without objection this rule is reviewed and approved. Number on the item be. Our next rule deals with the licensure of interpreters for hearing between hearing individuals in individuals who are deaf deaf blind hard of hearing or oral death we provided the occupational licensure revisions under act for twenty six ACT ten eleven and ACT eight twenty for the military licensure we also reduce the fees for initial application and licensure from one hundred twenty dollars to ninety dollars and we reduced the fees from ninety dollars to seventy five dollars we had a public comment period and received no public comments happy to take any questions. Members any questions on this item. Seeing none without objection this rule is reviewed and approved on to number eight at a may. With regard to our rules pertaining to onsite waste water systems again this was an occupational license revision for acts four twenty six ACT eight twenty an ACT eleven we had a public comment period back in twenty nineteen re received no public comments there was a concern from the the alara tourney addressing the testing and certified maintenance person test and we cleared that up and clarify that to allay any concerns there is no financial impact on this rule. Happy to take any questions. Any questions. Seeing none without objection this rule is reviewed and approved. Item nine a. Our next rule deals with a lead based paint activities and the occupations that address those we revise or rules to provide for the occupational licensure access from twenty nineteen including ACT eight twenty adding the military licensure provisions ACT four twenty six and ten eleven we did not have a public hearing but we did have a public comment period that expired in August of twenty twenty there were no public comments and there is no financial impact to this rule. Any questions from the members. Seeing none without objection this rule is reviewed and approved. Item ten. Number a literary. First up we have a rules for critical access hospitals these address some of the same concerns in our hospital rules but first we'll talk about critical access hospitals these are the ones that are located in rural areas that are located A more than thirty five miles from an urban area that they also do have to provide twenty four hour emergency care we added the rules regarding over the revisions regarding abortion publications to these rules to up to provide for the reports to the department of health under ACT six twenty we also standardized the tuberculosis prevention procedures for by the critical access hospitals and hospitals and we also provided or the reporting for any transfers FOR lay midwives during labor and delivery under ACT nine seven seven of twenty nineteen we also provided under ACT eight eighty nine for plumbing plan review submissions and any revisions to hospitals including critical access hospitals and added an option for compliance certification by a licensed architect or professional engineer and those were all in compliance with acts from twenty nineteen happy to take any questions. Senator hammer you're recognized for a question. Thank you Mr on these reports that are covered under this rule. Have you been receiving any information on any of them up to this state or was it necessary to get this rule out before you could start receiving any information on any of these areas touch within this role. I think that this is a new report that were receiving from hospitals pursuant to the act prior to that time that was not required so now that it is required that's just gonna be added to the forms that we already received from the hospitals. That and then would you expect to start scene some information coming in. As reported in mon third two were I mean what. I think we've been complying with the act but just as far as getting the form approved by you all we were waiting to have the form formally approved but as far as any any at reports that have been coming and everybody's been complying with the act. And I'm trying to member was there any requirement to submit these reports to public health. I don't believe so we usually publish them on our website or have them easily accessible of course that would be aggregate data not identifiable but we can provide that for you if if you all would. Like to have that report we can make sure that that's available sure I'll just make this individual request when you get the first one report out would you mind sending it to me certainly if you don't mind thank. Thank you senator any other questions. Seeing none without objection this rule is reviewed and approved next time. The next item on the agenda or the rules for hospitals and related institutions these are the exact same revisions that were provided for in the critical access hospitals we made all the revisions of pursuant to the twenty nineteen axe. Including acts six twenty to provide FOR the additional reporting requirements and FOR healthcare facilities for abortion complications ACT eight eighty nine regarding the a review submissions to provide FOR certain plumbing plans and specifications that don't require review by the department of health and also in ACT nine seventy seven. Requiring the reporting to the department of health of the patient transfers from a lay midwife. Any questions from the members on this rule. Seeing none without objection this rule is reviewed and approved. Next item. Our next rule is the rules for freestanding birthing centers in Arkansas we currently do not have any of these facilities in Arkansas but these are promulgating the rules to comply with the axe including ACT nine seventy seven to provide for the transfer reports and also to change the tuberculosis screening requirements add to comply with the latest CDC guidelines. Happy to take any questions. Members any questions. Seeing none without objection this report is reviewed and approved I am D.. Our next rule is for. without it for static and pet or think providers at this again as an occupational licensure rule we complied with acts four twenty six an axe at ten eleven eight twenty with the military licensure and also ACT nine ninety we made some clarifications and some comply with the recommendations from the or thought it for static and paid were thick advisory board and happy to take any questions. Any questions members. Seeing none without objection this rule is reviewed and approved on to number eleven. Item a. Letter a these are the rules FOR cosmetology and Arkansas we are complying with several laws that were passed back and twenty seventeen and twenty nineteen we corrected some language and updated the department's website these are lowering renewal fees transfer fees and first time licensure fees there is no additional financial impact and there's no increase in the financial impact we are reducing fees for private industry happy to take any questions. Members any questions. Seeing none without objection this rule is reviewed and approved item be. Moving on the item be these are the rules for massage therapy in Arkansas again these are in compliance with our occupational licensure rules are the acts from at twenty ten including ACT nine ninety an ACT ten eleven also to providing for the military licensure under ACT eight twenty we had a Public hearing there were no public comments any additional clarifications were pursuant to industry request and happy to take any questions. This item be. Senator rice you're recognized for a question thank you hi how can through this last night and approved again today is I understand the changes necessary for legislation. Is there anything in here this is of a more impediment or cost expense. To massage therapy that I'm missing I do see on a. section five to where it looks like to me that he actually except for broader certification and. Has been accepted before. Can you just answer simply for me is this a. positive for the massage each. Therapist and massage industry or is it. More regulation. Senate rice is the lesson this is less regulation is in compliance with the occupational licensing acts which require us to grant licensure to substantially equivalent or substantially similar licenses this is there's nothing in here that's an increase in regulation by by any means then again this is vast majority this is twenty nineteen red tape reduction there are some there's some not substantive changes with changing around for ease of reading some of the sections because it was it could become that become a little a little hard to read but there's nothing in here that actually increases regulation or increases impediment or makes a admit to those receiving their licenses do you do you know if if there is been any studies her own. Contiguous states around us is or we. in the ballpark range what her area states are doing regulating the signage. appear we better we were center I have to bring up one of our section John I don't think a lot of time with article. This this center for the fourth today thank you. Thank you senator. Senator hammer you're recognized for a question Mr question are we on a or B. or which one we run eleven be okay I think I got lost between want to come up the issue question come down could I go back and ask a question about a at the appropriate time. If you want to do that now that's okay well before we were finished review in this one okay. So on the on the question of a I noticed a reduction in the fees going down and and I'm just educate me here are those entities. Are they covered by the cosmetology border or who are they covered by. Senator cosmetology board has input on the on the rules and regulations including those fees this was done in conjunction with them and those were those suggestions and and advisory items are sent to the board of health for their review and approval so that it's gone through all this for that process there wasn't the reduction my understanding was and this is part of my time the Arkansas department health there was fix some free reduction in twenty seventeen and as we come came into twenty nineteen with the use of technology transformation we saw all that and just in volume we're able to find efficiencies and reduce fees further so that's what you Senate the next round of fee reduction was kind of the our result of of of seeing saying efficiencies we found so you had twenty seventeen reductions in the how the twenty nineteen reductions and that was done in consultation with the cosmetology technical advisory board and then approved by the Arkansas board of health well Mister. Because we've had boards in before budget you know screaming about reduction in money being taken away and moved over to shared services and this is a reduction so as to the and that's one trying to get straight my mantra from I'm all base you correctly but does the board have enough financial resources with the money that's been moved away from them that they're they're gonna be financially solvent or we should we expect a problem or is there a connection between the two at all there's really no connection between the two senator there there appointed by the governor they do receive a stipend under the statute but the vast majority of a the day to day work is done by Arkansas department health staff so that those reductions or a reflection of our ability and our staff to do a great and efficient job great was any other money moved over to cover the cost of of the department of health. I mean that the. When I I would have to get back with you on Senator house parliament to tie the Arkansas department help when the cosmetology board kind of came under one because it all kind of came under health I don't know exactly how those finances and how that how that how that worked out of you have to get awful again find out for you get off the line with you about that to be great thank you thank Mister. Thank you senator. Do we have any other questions for item be. Seeing none without objection this rule is reviewed and approved moving on to number twelve. Item twelve these are the rules pertaining to milk bank standards again this is pursuant to an act from twenty nineteen ACT to sixteen by Representative Pilkington of the department of health establish standards for transporting processing and distributing human breast milk for nonprofit or for profit basis we went through the administrative procedure ACT process twice on this rule trying to get all of the industry information after our first public comment period ended in October of twenty nineteen we revise the rules again and have them go before the board of health in twenty twenty we received more comments a lot of technical I revisions pursuant to our lab standards we agreed with some of the comments and some of them we did not but this has been through two reviews and two public comment periods and we do not have any financial impact with this rule any further revisions we expected to back go through it in the twenty twenty one process happy to take any questions. Members any questions for this item. Seeing none without objection this rule is reviewed and approved number thirteen. Item thirteen are the rules pertaining to radiologic technology licensure again these have been revised pursuant to the occupational licensure acts from twenty nineteen including ACT eight twenty to provide for the military licensure acts four twenty six and ten eleven we had a public hearing or excuse me no public hearing on this rule we did have a public comment period this summer expired in August of twenty twenty we receive no public comments and this does not have a financial impact happy to take any questions. Any questions from the members. Seeing none without objection this rule is reviewed and approved. On to item number fourteen. Permit health vision of health related boards and commissions state medical board. Thank you. Shall identify yourself for the record you're recognized presenter rule I'm Amy Embry on the director of the state medical board. Cavenaugh do our general counsel for the state medical board. this is rule forty five reciprocity is to tracks language in act ten eleven of two thousand nineteen deal with the licensure in the state. Any questions from members. Seeing none without objection this rule is reviewed and approved thank you thank you very much item number. Fifteen apartment health division of health for the boards and commissions state board of physical therapy. Please identify yourself for the record and you're recognized to present your rule. Mr mat Gilmore part of health. Nancy were then executive director of the physical therapy for. Pursuant to the Arkansas telemedicine ACT this rule applies to provision of services via telehealth by physical therapist and physical therapist assistants. One at the within their respective scopes of practice and earlier this year there was an emergency rule for telehealth which did expire but and was signed the recovered. within no public comments on this. This real happy to have questions. Questions from the members Representative Wardlaw recognized for a question. Thank you Mr. This question is for Mr Gilmour this is real consistent to what you and I have discussed our last few months yes Sir it is thank you Mr. Cochair solving you're recognized if thank you since I don't know which all agreed to. Of the server it's all good stuff but My question would be. A does this new rule comply with the governor's standard for telehealth. So and I'm not an attorney with the with the emergency rule does that comply with the the it's my understanding the The governor's executive order on telemedicine was specific for the medical board and physicians this is consistent with the medical board's current telemedicine rule doesn't go any further it's consistent with the with the medical boards statute and rules a day where I'm going is so if we come up with legislation which is already been proposed for next session to me to be in compliance with a less restrictive as the governor has authorized or we're gonna have to come back and do this again or is it does is take us all the way down that road. This is is far as the current medical board of telemedicine really doesn't go as far as You still have to have the the prior relationship with the patient that sort of thing okay are so we were prior to come back and do this in if changes are made yesterday okay rise time thank you thank you Mr thank you Sir. Senator hammer recognized for question thank you Mr chair I don't you know I'm not necessarily potion just trying to get some understanding about something the. The people I know that get the treatment from the physical therapist for their assistance in all have going like after knee surgeries another type surgeries what what they experience I'm not sure how telemedicine is going to play a part in that because that would seem like something they would have to have actual physical hands on so to the safety of the patient what's allowed under this that would compromise the patient safety. Is what I'm trying to get my mother what were the address that I if I need to well I'm not a physical therapist I'm not sure I can address that as well as a physical therapist could but there are. I can't be specific on what can be done and what can't be done and honestly that's why the board discuss this for. A while before because of it and. But there are many things that can be done just directing the patients the rule what they can do. Male five online buzz in an. This far as been specific on what can be done I'm sorry I could I could get back with you on that have the the board chair maybe discuss that with you okay and over here to your left up behind the third shield start of so. Is it left up to the latitude. Of the physical therapist or the assistant then to determine what is allowable through telemedicine and what should be actually done in the office yes we're pretty well given free latitude to well the physical therapist says to do the the of initial evaluation and they have to lay out to know what is to be done with the patient there's still solely responsible for that patient and. Jett direct the physical therapist assistant Senator hammer in my discussions with the board They say they feel very strongly that therapy should be done in the clinic face to face with a with a physical therapist this was brought forward during the pandemic due to there were some children specially the development disabled kids the needed assistance and they can direct from my understanding they can direct the parents to do certain things in a very limited way that was the but they still. I don't think this is something they're gonna use a lot but I think it was the helpful during the pandemic okay but and I appreciate this just in other arenas I hear a lot of conversation about you know critical that you know they have to lay eyeballs on him and you know see him face to face so I've heard that argument and other ranges of health care so I'm glad she latitudes opening up I just want to clarify thank you Mr. Thank you senator. Any other questions members. Seeing none without objection this rule is reviewed and approved thank you. Nexus item sixteen highway commission Arkansas department of transportation. Please identify yourself for the record and you're recognized. Thank you Mr chairman Mr a committee to skill Rogers with the Arkansas department of transportation on the governmental relations officer for the department of these rules were enacted pursuant to act four sixty eight of twenty nineteen authorizing the department of transportation to be the highway commission to allow an autonomous vehicle pilot program after application the rules largely about the language from the statute was passed in twenty nineteen does provide some additional areas that more adequately covered in the legislation but the definitions come from the law of the. Authorization come from the law all the approval process generally comes from the law. I'm happy to take any questions. Members any questions. Seeing none without objection this rule is reviewed and approved thank you thank you. Item number seventeen for Human Services division of child care and early childhood education. If you'll defile yourself record you're recognized presenter rules. Thank you Mr chairman mark why would pardoned him services. Good morning Mr chair Ashland Avenue division of child care and early childhood education we have a proposed changes for you today for the minimum licensing requirements there's four of them the first one is to comply with DHS policy ten eighty eight regarding individuals who are excluded from doing business with the HHS this change would mean that anyone excluded would not be eligible to apply for childcare license. The second change states that submission of false information given to the C. C. E. C. E. would be grounds for revocation of the license the third change removes language no longer apple will for example there was a rule in twenty fourteen for staff John ratios that allowed five years to come into compliance that five year period has expired. The last changes to add a requirement for out of school time facilities to have immunization records or an exemption from the health department on file for the children that are enrolled in their program. This is to comply with a federal block requirements happy to take any questions. Any questions from the members. Senator hammer you're recognized for a question thank you Mr chair the exclusion list is that. Centered around behavior for would anybody be on the exclusion list because they disagreed with a policy of DHS such is maybe using required curriculum in order to get up about yours is it is it strictly going to be behavioral issues yes Sir this is going to be a for reasons that they didn't comply with other policies or regulations that were put in place already I'm sorry to say that again this would be because they have not complied with other policies or procedures already in place and other DHS areas it's as center it's it's us that exhibits liberadas a sanction that we love you all providers in the Medicaid space but this was this is well and there's a there's procedure that's followed for will identify what that writers done while we're taking that action the course they have to process it could have a hearing on that as well right but those those things would include things like fraud or sexual misconduct the uglier things not necessarily they would be disagreeing with you all a policy that DHS came down that that right I'm on that list right that's correct okay thank you thank you Mr. Thank you senator any other questions from members in this. Seeing none without objection this rule is reviewed and approved item be. I'm IV was actually pulled from committee and therefore it's not needed today okay thank you thank you. Moving on to number eighteen division of county operations thank you Mr chairman and I've merry Frank bill division county operations is present if there are any questions there needed all give a actually let her come up in your dues or self. Good morning a merry Franklin director of the division of county operations for the department of Human Services. So this rule relates to transitional Medicaid what allows is for individuals who are Medicaid beneficiaries in one specific eligibility category which is the parent caretaker category that if they have an increase in income that would otherwise reader them an eligible thank received six months and possibly a two year a transitional eligibility even though they have a higher income of the payor caretaker I category is a is one of our older categories has a very low income limit of only about seventeen percent of the federal poverty level so it is certainly thank you so is out of work and they get a job they start having wages and this allowed and asking transitional Medicaid even other wages have increased the reason we're doing this now is because it is a federal requirement the feds had let this requirement sunset and so what was in our policies several years ago we taken out but they've now reinstated it and so we're adding it back to our rule and with that we have an answering questions. Members any questions. Seeing none without objection this rule is reviewed and approved thank you. Item nineteen division of dealt developmental disabilities. Hi Melissa sound division director for developmental disability services thank you mark what DHS this rule is for our community employment sports waiver which is also known as the DD waiver this is the waiver we used to serve our development disabled clients as we know there is a extensive waiting list for this waiver and we've been working or the past few years to add additional slots that we can serve more individuals when you'll pass legislation that created the past system part of that was that the state charges a premium tax on the premiums that are paid to the passes and the improvised that revenue half of it is to be used towards the elimination of the waiting list FOR the DD way for and so forth government now Sir a couple months back that we're pursuing this with those revenues were now able to add six hundred slots to the duty waiver in addition to one hundred priority slots for children who come to DCFS custody I will that will penitentiary questions. Members any questions. Seeing none without objection this rule is reviewed and approved thank you. Item twenty division of medical services. Thank you Mr chairman hello Janet man come up here for these next two. Good morning Janet man the division director for medical services DHS. Mr on the in this rule this is changes some of our Medicaid provider manuals over doing is we're going in and taking out references to specific brand names and our manuals because if there's ever change the brand name of a county gets sold would come back and promulgate the rule again even though all we're doing is just changing that name and so this affects our the hopper alimentation rule which relates to nutrition as well as the prosthetics rule and as I said the only changes just taking out those references to specific brand names no that'll be happy to answer questions. Senator hammer you're recognized for a question thank you we've had several discussions about prosthetics by by removing it are there any. I'm I'm if you take out the name of the brand which I understand that. Does that open the door for a lesser quality. A. Medical device to be used as far as treatment with those that are specifically deal with prosthetics. I'm Senator that the intent is to remove the specifics as for quality and I think those are handled on a prior authorization basis case by case that our intent is not to lower the quality but is to open the range of access for any type of feeding tape nutrition and some of the prosthetics just being driven by the passes by DHS by federal law by providers or what is this being driven by this is an ongoing project at DMS that we are working through all of our manuals when we are we're given the it's the ability to remove some of the specific codes from the manuals we also wanted to remove specific vendors and specific names to products so that the manuals can stand and be a and breeding document but anytime something were to change in the middle of the year or at with a federal year state you're with legislation we would not have to change this unless it was a substantive change to that this is an ongoing projects been in the works for about twelve months because we're going to each individual manual and what are the elements the specific to this is for under hopper on Tatian for those formulas that we provide we follow the recommendations of the week program and course when that changes again that's in the past with that come back and change the rule and so this way we'll be able to follow along with the wick without haven't re problem with rule. Okay and then the last thing is when it comes to the passes involvement of the reimbursement. They do not have to what what are they held accountable to do with regards to the Medicaid guidelines and the reimbursement cost. Senate general rule is the passes will have to follow at a minimum the Medicaid guidelines they do you have some flexibility with reimbursement methodology that they will they do send to us for us to look in review and and new one specific is there wanting to use Medicare rates for some specific DME that we are currently reviewing says while there's constant communication the minimum standards is the Medicaid. Roll. But you do or do not have involvement in the reimbursement rate then between the pastors and the providerpatient what you just said or did I misunderstand no you did not misunderstand overall we will look at their reimbursement methodology if they are changing something that we do not we are not involved in their individual contracts or individual with different providers or provider groups okay thank you Mr. Thank you senator any other questions from members. Senator Bledsoe you're recognized for a question. Thank you Mr chair just so I'll be sure if a non covered prescription formula is preferred by the pediatrician. Will you recognize the head of a week you say get the least demand that a call to get the one that costs the least it's a combination ma'am with changing this and not having a specific brand in the policy it gives us the ability to look at that prescription and make a decision without automatically saying no we need you to go to this so it will still be handled case by case but this will give us that flexibility to honor that prescription as best as possible I thought that was what you were saying that it is going to be sure thank you Mr chair. Thank you senator any other questions. Seeing none without objection this rule is reviewed and approved. Next item. Our next item this is our rule to implement electronic visit verification what this is this is a means by which we can verify that in home personal care services are actually being provided to beneficiaries and these are is when you have an in home care aide whose help you and hands on assistance to beneficiary to help them with their activities of daily living things like bathing eating toileting things like that what they will the workers will do is they will use either a smartphone or they can call in from the land line phone and client samples and there's an app that will register they are actually present at that individuals house when they submit that claim for those services hi this is a federal mandate were required to have this in place by January one under the man at the Congress passed Congress initially product one extension seems provide another extension so we had a little time to implement but we are now at the time that we have to implement this under federal law and that we have to answer questions. Members any questions. Seeing none without objection this rule is reviewed and approved thank you thank you thank you. Thanks number twenty one department of labor licensing division of occupational and professional licensing boards and commissions board of electrical examiners. Please identify yourself for the record and you are recognized to present your rule. Charles Covington chief electrical specter. Good morning Marcus divine deputy general counsel for the department of labor licensing. Thank you this morning we are presenting the rule change as evidenced in the on. In the agenda for the mission rules for board of electrical examiners as you all are aware this is the occupational licensing program and though like to city is ubiquitous and everywhere it is still dangerous and does cause issue and as such we the department through A your directive a license those who hold themselves out to be electors like Christians and so this change is into part two about ten different things adopt listed in your information but it revises the organizational name as needed pursuant to act of nineteen also replaces the term regulations with rules revises the rule to eliminate the requirement for new examination fees for licensure adds a licensure for the expectation of candor before the board as a provision for the criminal disqualification pursuant to ACT nine ninety which has been mentioned many times today and also adds provisions for I can active duty service members are pursuant to act eight twenty there was a public meeting which is advertised properly that was held on September fifteenth twenty twenty at the public hearing there were no comments made by anyone on there has been no objections to this rule although the BLR attorney did make some comments for clarification of the rule that we drafted there's been met there is no financial impact and we stand ready to answer any questions that you may have. Any questions from members. Seeing none without objection is rules reviewed and approved thank thank you. Item number twenty two department of parks Terrigen tourism. Please identify yourself record in your. Good morning Jim Andrews general counsel Arkansas department of parks heritage tourism. Grady spend rector of Arkansas state parks. And I'm Stacy her secretary for the Arkansas department of parks heritage and tourism. Thank you may proceed thank you this morning we're seeking approval of a rule that we have proposed that seeks to establish policy and procedures regarding the naming of amenities within our state parks natural areas and other properties under parks heritage tourism. A public comment period was open throughout the month of September no public comments were received and there is no financial impact associated with this proposed rule. Currently there is no statute on point new DB a policy a rule on point with regard to the naming of structures and buildings within our department. we have five proposed rules that entail allowing nominations for a naming proposal to be put forth by a member of the public or by a member of a appointed board or commission within the department of parks heritage in tourism. We also have a proposed rule that provides for a public hearing on any naming proposal that gets put forth and then our staff would review any comments made at a public hearing and provide basically report to the cognizant board or commission to which would have some oversight with regarding up of an amenity for which a naming of proposals made thereafter with the approval of the board or commission it goes on to the secretary of the department Stacy Hurst who in consultation with the governor of Arkansas would make a final decision on a name the proposal. And we're open for questions. Any questions from the members. Seeing none without objection this rule is reviewed and approved thank you thank you. Item number twenty three public service commission. Please identify for your yourself for the record and you are recognized to present your rule. Thank you Mr chairman members of committee I'm Ted Thomas I'm the chairman of the Arkansas public service commission this relates to morphing our net metering law into a solar cell supply law pursuant to act for sixty four of two thousand and nineteen. This rule allows off site remote net metering. It establishes a grid fee to mitigate or eliminate on reasonable cost shift it defines certain procedures FOR interconnection of solar facilities to the grid and grandfathers the rate for projects of mint certain development milestones prior to June June first of twenty twenty the date of the PSC order this rule is extensive and complex and is the product of hundreds of hours of work on behalf on by the dedicated employees of the public service commission. This is our work in or few months or policy in my view where we're at right now the policy is working in some places enter G. territory specifically to move to fast but not a lot too fast I regard this policy is successful because in the and economic development. You feel when nothing happens we have laws on our books related to lignite we have laws on our books related to bio fuels and other things that we thought we could get going we don't have anything in scale we're beginning to see the scale so over development we have stood up a new industry. We have entrepreneurs in the field testing demand that's what entrepreneurs do that's important the test demand we have boots on the ground. What cost what is the question of which is an important to this argument rough back of the envelope estimates by maybe not by the official channels and enter G. it's in a range between thirteen cents a month in ninety cents a month everywhere else less than five cents a month this has to be in my view placed in the context of the fact that a nearly six years ago when I entered into this position we were looking at the clean power plan which the initial estimate for more electric coops was a forty percent rate increase solar policy is an insurance policy against that we are keeping the ball in front of us to use the baseball term with respect to cost shift. All facilities above one Meghan not if the data justified can be subject to greed fee considers the cost shift. Any cost shift in the entire utility service territory including that cost shift which is below one make a wide to rule permits utilities to file data that represents that presents with this car shift is allows adverse party to A to subject that data to rigorous examination this hopefully will give us a common set of data as we fight probably again about this issue in the upcoming session we need a common set of data because when you have people sitting in this chair giving you different numbers all you can do is sit there and says who has the right numbers let me give you an example how this works if the cost shift is one cent a month you might think will not a big deal okay so if you take your one send multiple at by six hundred thousand for utility that has six hundred thousand customers multiply that by twelve for twelve months a year and then multiply it by twenty for the twenty years of a life of a solar project you get one point for four million dollars so people might work these halls and say there's a cost shift over one million dollars in may be telling you the truth. But they're taking it out of context that would be one penny. Per month the rules require the greed fee to be submitted in a way that will give us a common set of data ACT four sixty four David PSCS authority to approve or disapprove of projects but did not express we give the commission the authority to change the rate. We've done in the rules as we've we've asserted that the story that will be possibly subject to appeal. But in doing that we can't address cost shift projects specifically from the below when Madeline when you cumulated the way we proposed you can address that this was missed by myself and legions of lawyers that worked on this last session and it needs to be addressed in the upcoming session. Some reasonable cost shift should be used as compensation for early adopter risk that in some ways is a bad on the com that will get in ovation the purpose of back for sixty four was to open up to some market competition for innovation. In this case the only two years later I think we might have the innovation that we were looking for when you scale solar you read decrease its cost and when you add storage. You can mitigate cost shift and we have one large project currently under review at the PSC where the utility has acknowledged that there is no cost shift. Had we done what some people wanted to do in the last session we're saying no cost shift at all instead of allowing some reasonable cost shift in my view we wouldn't have this innovation and this innovation comes at a critical time if you look at the election results we might be looking at a second clean power plan if you can do scaled storage scaled solar with no cost shift our businesses will have that option to do that. And avoid cost consequences of any federal regulation without impacting the other customers at the utility this in my view is a potentially very good. Innovation also early adopter risk in the context of solar is a good idea in Arkansas because we having natural price advantage in solar because we have higher radiation which is the measure the energy of the sun as it hits that reverse and we have cheap low priced land because of lack of population density and because the historic struggle for economic development that we've had particularly in East. And south Arkansas. The low cost of land drives this potential investment to where we need it. The most. The fact that we have a natural cost advantages demonstrated by. Project it was announced that didn't get a lot of attention about a month ago General Motors the automobile company announced with first solar the largest American solar manufacture to serve load in Detroit Michigan and at the auto plant in Missouri they would build a solar facility in Arkansas they haven't said where you can see the stuff that I've looked at if you Google GM FSL are which is the stock symbol for for seller in Arkansas. Whoever's portion pencil in Detroit looked within the mice market which is our regional market. Arkansas has the cheapest solar so as we look at federal regulation perhaps mandating this it will drive investment this is urgent and important for the delta and FOR south Arkansas where we really need some good economic news. Course when one talks about solar and economic development it's important to realize. House energy works in the economy energy is five percent of gross domestic product but we like to think of it as the first five percent because none of the other economic activity happens without energy. But energy is investment. Capital intensive rather than labor so when one looks at that job in packs they're often filled in the other ninety five percent and it's essential that we maintain low rates because is that ninety five percent were your jobs. Are most likely to be. This policy in this rule is also specifically designed for simple compliance if we have to go there with a second. Clean power plan. How how the EPA works as it says there's an admission declares it a pollutant. And it tells the state you have to give us a plan over an extended period of time to reduce the emission of this pollutant. And you give your given milestones along the way you can't just back clothing you can see we're gonna do it all the nineteenth of twenty years. What this what this. Rule allows it is a voluntary adoption of solar. Can be a milestone it can contribute to with the EPA is requiring you to do so essentially you're asking for volunteers and you can meet your early. Milestones with people that want to do so or and this gives us flexibility and lowers risk because if and for years the politics changes. And rule goes away the state hasn't committed resources and committed great pair money. By doing stuff that we would have to do if we didn't have the third parties. Doing solar not only will protect us if there's a clean power plan to it will protect us if there's a clean power plan to that causes a political backlash in four years and then disappears because the only people who invested in solar to mitigate that risk would be the people who voluntarily choose to do so within be entitled to the risks and rewards of that decision and when one looks at the Biden proposal to reduce. Basically a hundred percent by twenty thirty five the clean power plan was thirty percent by twenty thirty from I think it two thousand five bass line of that that is potentially coming and this rule and this policy give us the flexibility to deal with it it also. allows us. The next big thing thought technology wise in the energy business is thought to be storage. When you use storage as this project is done toward mitigate cost shift within our existing rate structure we can incorporate storage with as little disruption as possible of our rate structures and our other policies so that's what we're trying to do with this rule I'd be glad to answer any questions that you have thank you for your time and consideration. Representative Vaught you're recognized for a question thank you Mr chair can you tell me about the controversy around the appeals with. With the PCS is order of adopting this rule and how do you plan to address that. Yes the appeals from the first thing I would note about the appeals is the thing that protects us in this rule from cost shift. Is a grandfathering day in June this is very significant we set the date that the date of the ward or rather than some date at the future to avoid it be crush let's all rush to do a before this date if the appeals are successful in the grandfathering date is removed we go back to the PSC to start over and one for one which in certain instances generates Kashif continues unmitigated. Into the future why we look at potential E. P. A. cost angels okay in you talked follow up what what but I'm not done the my worry about using the appeal to delay this rule is we have projects that are out there. That have spent two in three years of investor money sometimes sitting idle waiting for all the stuff to happen. And and the utilities political argument is a cost shift argument we have a project that the utility knowledges has no cost shift but they're still fighting it they're fighting it to protect their monopoly for using resources that have to be paid to find lawyers by even people that sponsor these projects and their strategy is to delay delay delay to kill the project if these rules get delayed they're also playing a game of chicken because of the eliminate or or grandfather date and we don't have one and we're going to you revert to the status quo so yes there's a there's appeals it's a very contentious issue but to delay the rules of the ratepayers of risks a cost shift. Because you don't have the rule that allows the greed B. to mitigate cost shift and it's a continuation of the attack on these projects through delay. Now may I have a follow up Mr yes thank you talked a lot about the legislation for the upcoming session have you committed to work with the utilities to address the cost sifting aspect and other issues through legislation. Yes the. The greed fee as is stated in the rules committee gave all cost shift even Kashif below one megawatt but that leaves you with the unfair situation where somebody's project is assessed agreed fee. Because of cost shift that happened some place else that's what we've committed to work on and fix that that's what I need is a yes or a no that you've committed to work instabilities thank you Sir thank you Mr chair. Thank you Representative. The number forty five the the U. okay yes Sir you're recognized. Thank you the chair and along with ribs involved was talking about meeting of commissioner. Thomas I do of can Kerr with you because there's several of those projects in my district they are currently being performed in other places across the state so it is vitally important that legislation has been taken advantage of it with it be used to do the work for the tenant purpose I am aware of the challenges as well and I've talked to at least one of the major. Challengers if you will and I do know that there has been an agreement to discuss during the next session possibly something's to prop to try to mitigate any issues that are there or any consequences that could called negative affixed to someone else so I appreciate what the PC is been able to do to a very contentious process was certainly with these hundreds of billions of dollars to projects is on the street and people and economic development is doing in there is areas that we would not want to hold up this process is is point so I do appreciate that and look forward to the session will work out any issues thanks thank you thank you thank you Representative or a. Any other questions from members. Seeing other questions without objection this rule is reviewed and approved. Thanks Sir Sir thank you for your time. Okay members moving on to item ET our final item on the agenda will include updates by the agencies have not completed their rulemaking in accordance with ACT five seventeen of two thousand nineteen with respect to the first agency in the list item II one the department of agriculture Arkansas bureau of standards you have a letter in front of you and if there's no objection we will review and file that letter as a status update. To seeing no objections the letter is reviewed and filed in with respect to the remaining. Agenda updates the last three each of these agencies appeared today and had their rules reviewed and approved so unless the member has questions we will remove these from those future lists. Seeing no questions. That eliminates all those items on on he just in time for us to fill it back up with a new session so I appreciate your being here your today we are adjourned.