Senate Public Health Committee reviews multiple health rules; all stand for review

The Senate Public Health, Welfare and Labor Committee met and approved the minutes from its Dec. 5 meeting before hearing presentations from the Department of Human Services (DHS) and the Arkansas Department of Health (ADH) on a slate of rule changes.

Senator Irvin opened by asking the committee to observe a moment of silence for two long-serving Senate staffers, saying, "We lost Mary Jacks" and noting the passing of Frank Witherspoon.

DHS presenters Mitch Rouse, chief of staff, and Elizabeth Pittman, director of the Division of Medical Services, described three DHS rule actions. Pittman said the department proposed amendments to medication-assisted treatment and over-the-counter drug rules, saying the change "removes some PA requirements, changes some of the drugs available for over the counter, and initial and complies with that act," and that Centers for Medicare & Medicaid Services (CMS) requested technical template corrections. She also presented an adult immunization coverage rule to add four adult vaccinations recommended by the U.S. Preventive Services Task Force for people 19 and older. Finally, DHS presented a coordinated triage, treatment and transport rule "pursuant to act 480 from last general assembly" that would allow ambulance services to treat on-site or transport to alternate destinations (not emergency rooms) after consultation with a physician or licensed behavioral health practitioner; DHS said ambulance services helped draft the rule and that CMS approved it.

ADH attorneys and program staff then summarized several rule updates. Charles Thompson and colleagues said revisions to rules for controlled sources of ionizing radiation are largely cleanup to align state language and nomenclature with Nuclear Regulatory Commission (NRC) standards and state statute, and that there are no fee increases. ADH also updated radiologic technologist licensure, and several other professional licensure rules (including perfusionists and orthotic/prosthetic/pedorthic providers) to comply with Act 137 of 2023, which the presenters described as implementing automatic licensure provisions for uniformed service members. A Health Facility Services subject-matter expert explained that a perfusionist "does the interchange of blood during, like, open heart surgery" and described the role for the committee when asked.

Laura Hsu, general counsel for ADH, said the department proposes repeal of the rule for abortion facilities pursuant to Act 162 of 2023 and that a public hearing and comment period produced "no public comments." Hsu and Dr. Katie Seeley, director of the public health laboratory, also presented amendments to newborn testing rules pursuant to Act 490 of 2023; presenters said the public comment period ran Oct. 20–Nov. 19 and that the department received no comments.

Committee members asked few substantive questions across the presented items. Where members did ask for clarification — for example, Senator Love asked what a perfusionist does — presenters provided short technical explanations. Each presented rule was placed "for review" or "stands reviewed" without objection. The meeting concluded with a tentative next meeting date of Feb. 8 and adjournment.

The record shows the committee handled primarily rule reviews and procedural approvals; presenters repeatedly noted that no public comments were received on the listed rules and that several changes were to achieve compliance with state acts and CMS technical requirements.