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Senate committee reviews broad slate of agency rules, majority advance with no objection

April 04, 2022 | PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE - SENATE, Senate, Committees, Legislative, Arkansas


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Senate committee reviews broad slate of agency rules, majority advance with no objection
The Senate Public Health, Welfare and Labor Committee spent the bulk of its agenda reviewing a wide range of agency rule updates and technical corrections.

From the Department of Energy and Environment, staff presented Rule 2 (surface water quality) as a triennial review under the Clean Water Act with statutory housekeeping changes; the committee reviewed Rule 19 (air program) to align state rules with federal Clean Air Act requirements and state implementation plans. Both rules were reviewed with no opposition.

The Department of Health and related state licensing boards presented multiple chapter updates for nursing licensure and education (removing duplicate-license language, adding uniformed-service waivers, clarifying prescriptive authority, and adding criminal-background-check provisions for certain APRN licensees). The nursing-education chapter included changes to allow LPN programs through consortia of nursing homes and high schools.

DOH also presented rule updates for perfusionists; orthotic, prosthetic and pedorthic providers; freestanding birthing centers (no such centers yet in the state); critical access hospitals (including Simon's Law on DNR consent for minors); EMS rules (tiered response, ambulance staffing and other measures); vital records (forms and embalming timelines); on-site wastewater; plumbing and restricted plumber/gas fitter rules; and the annually updated controlled-substances list. Several items had no public comments; the controlled-substances update also had no comments and will be updated annually to reflect DEA scheduling.

Most items were accepted by the committee 'as reviewed' without objection. Staff noted they will provide requested clarifications on a few items (for example, visitation language and 'taken under advisement' responses) before the rules proceed to the Rules committee.

Next steps: Routine items will advance to Rules/ALC as appropriate after technical corrections and the written clarifications the committee directed are provided.

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