House Public Health Committee
February 4, 2025
Representative Jeff Wardlaw Members, it's 10:00. The last time I checked, we said we was going to start at 10. So if you would get your seat and we'll go ahead and get started. Members, Chair sees a quorum. We'll go ahead and start. Representative Bentley, we will run the re-referred bills first and then go to regular bills.
Representative Mary Bentley Thank you, Chairman. Colleagues, I'm bringing back a bill that we discussed last week on the certified nurse midwives, and I just want to apologize. I thought I had an amendment already done and engrossed before we got here to committee and I didn't double check. So it was not. So I failed to get a one word amendment done. If you look at the very first page of the bottom, we are admitting and discharging patients from a licensed hospital. I had the word accredited in there.
Many of our hospitals-- all of our hospitals are licensed. But some of them are not accredited. So I want to remove the word accredited to make sure we can do as many hospitals as possible. So this amendment simply removes the word accredited. And with that, I'll take any questions if any members have that.
And again, I just want to real quickly remind you that if it's granted privileges from the hospital. This doesn't force any hospital to do anything. It just simply allows them to do so if they choose.
Representative Jeff Wardlaw Representative Richardson, you got a question?
Representative Jay Richardson Yes, sir. Representative Bentley, just tell me the difference between accredited and licensed. You said there is a difference. But what is it?
Representative Mary Bentley Just a bit of a higher standard. Some hospitals search for that higher standard, but it's not necessary. Most all of our hospitals have to be licensed through the Health Department, but some of them choose to go a little further to be accredited. Not all of them are. So I just want to take any confusion out of there, out of the bill.
Representative Jeff Wardlaw Seeing no further questions, what's the pleasure of the committee? Is there anyone in the audience to speak for or against the bill? Seeing none, I have a motion from Representative Pilkington do pass, a motion do pass. It's amended before you got here, correct?
Representative Mary Bentley Yes, sir.
Representative Jeff Wardlaw Any discussion on the motion? Seeing none, all those in favor say aye. Opposed? Ayes have it. Congratulations, bill passes. Members, with that, we will go on to Representative Clowney's House Bill 1245. Representative Clowney, you're recognized. Please introduce yourself for the record.
Representative Nicole Clowney Thank you, Mr. Chair. Nicole Clowney, State Representative, District 21. Committee, this bill may look familiar. If it does, it's because we passed a different version of this last session. This bill deals with behavior analysts. Behavior analysts are a group of providers that provide care to children with autism. The problem that we are facing in Arkansas right now that we need to solve is if parents have concerns, have issues, have complaints with the care that their children have received, there is no Arkansas based board that provides oversight of these practitioners.
So last session, we ran a bill that would have required licensure for these providers. That bill made it through the House and the Senate, and then it was vetoed by the governor. Since then, we have worked with the governor's office to come up with a solution that everybody is good with. That's the bill that you have before you today. So the governor's office is okay with this bill, as are the behavior analysts, as are all of the stakeholders that we have spoken to. So I'll briefly explain kind of what this version does.
So previously or as it stands today, if parents have an issue with care that they're receiving, their only outlet is to submit a complaint to the National board, which is based in Denver, Colorado. There's no place in Arkansas that has oversight over these providers. This bill creates a registry. People who provide this care, behavior analysts, can choose to be on this registry. And then their care is overseen by the psychology board, the already existing psychology board within our state.
Anybody who is currently practicing behavior analysis, and this is important, can continue to practice. They don't have to get on this registry, but they can choose to. So the idea is this bill, this optional registry, provides an Arkansas based board the authority to give these folks oversight. And then it also gives parents the ability and the knowledge to choose on the front end whether the provider that they choose to care for their child is one where if there are problems, they can take those problems to an Arkansas based board.
Again, this doesn't prevent anybody who's already practicing from practicing. It just creates an option so that parents are a little bit more informed on the front end when they're choosing a provider for their child. That's what it does in a nutshell, but I'm happy to take any questions.
Representative Jeff Wardlaw I think I'll start it off with a question. What was the biggest change between last session's bill and this session's bill that got the governor's office okay with it?
Representative Nicole Clowney So this is entirely optional. The issue with last session's bill, the governor's issue with the last bill was that licensure was mandatory, meaning that nobody who is currently practicing behavior analysis would be able to practice unless they got a license. That's what the last bill said, that everybody, that in order to practice, you would have to get a license. Under this version, you can continue to practice without being registered. You just can't call yourself a registered behavioral analyst unless you have chosen to get on the state's registry. So it's entirely optional. It will not provide or present any barriers to folks who are already practicing in the field.
Representative Jeff Wardlaw So what's the purpose in making it optional? So if these people are already practicing, why do we need the option of a license? It seems like we're growing government size here.
Representative Nicole Clowney Yeah. Thank you. It's a good question. The issue right now is that so we have some reports out of North Arkansas, for instance, of a family whose child received care from one of these providers that was incredibly lacking. Their child engaged in some pretty serious self-harm because they were not getting adequate care.
They have since got with a behavior analyst who is providing great care and now that child is completely healed. However, the parents do not have any Arkansas based board to submit complaints about that previous provider to. Parents are desperate to have someplace in Arkansas to go if something bad happens to their child. This registry--
Representative Jeff Wardlaw I appreciate that point. But if it is optional and those folks are not licensed, what good is it going to do for them to have a complaint to a board that they're not licensed at?
Representative Nicole Clowney So the board will only have oversight over those who choose to register. So the idea is this is sort of a free market solution, right? It will theoretically be good for business if you register with the state or if you decide that it is good for business, if you register for the state, if you tell your parents on the front end, hey, if you have a problem with the care I'm providing, you can take this to an Arkansas based board. That's only true of those who are on the registry. It's not true of the other providers.
Representative Jeff Wardlaw Representative Ennett, do you have a question? Okay, We'll take those in discussion of the motion. Any further questions from committee? Representative Johnson, you're recognized.
Representative Lee Johnson And I'm just trying to clarify. You're creating a registry, not a licensure.
Representative Nicole Clowney That's correct.
Representative Lee Johnson There's a difference there, I think. And I'm just trying to make sure I understand that. So you're allowing a voluntary process for creating an accountable registry of certain behavioral analysts, but not creating a new licensure.
Representative Nicole Clowney That's correct.
Representative Lee Johnson Just make sure I clarify. Thank you.
Representative Jeff Wardlaw Representative Ladyman, do you have a question?
Representative Jack Ladyman Thank you, Mr. Chairman. So it sounds like, so if I'm shopping for one of these individuals, I can ask, are you registered. So that would help me determine the quality of their care. Is that, I mean, would it help me?
Representative Nicole Clowney That's right. Yes. And it would help you know on the front end what your avenues forward would be if you were not happy with their care in the future.
Representative Jeff Wardlaw Is there anyone in the audience to speak for or against the bill? All right. I don't care if you're signed up. Do you want to speak for or against? You're recognized. Just for the record, for the audience's purposes, you do not have to be signed up to speak. When we call for votes for or against, you can stand without being signed up. We will take the signed in first. But if we have no signed in, then we'll go straight to you. If you would introduce yourself for the record and who you represent and you're recognized to speak, sir.
Dave Albrecht Hi. So my name's Dave Albrecht. I represent the American Heart Association, but I'm testifying on my own accord as the father of a five year old, our adorable autistic daughter. We signed up for this therapy. And I'll say that it's the Wild West out there. So these people will come into our home and they do therapy with my daughter.
But how you find the folks, right? Like we're looking on Facebook and it's like, are these reputable people. Anybody you can kind of do the bare minimum. There's lots of these out there. We've had bad experiences with some therapists so far. And like I said, some of the most well known therapy places, the backlog is months and months. Like I'm on two waitlists right now for months waiting for therapists.
So you're desperately trying to find therapists, but you don't have an idea of the quality of therapists you're inviting into your home to spend time with your daughter, who in many cases is not verbal enough to even tell you about the experiences they're having. So I didn't really pay attention to this bill.
This is the first I'm really hearing about it. But the thought that there could be some people saying, I'm registered, I'm licensed. Or not registered, I guess, but, you know, on the registry. So that I know that they're kind of a real respectable group would be a real benefit as a parent looking at these services. So I just wanted to give my perspective.
Representative Jeff Wardlaw Any questions for the witness? Seeing none, thank you for your testimony. Anyone else in the audience wish to speak for or against the bill? Seeing none, what's the pleasure of the committee? I got a motion do pass from Representative Ennett. And I will now open the floor for discussion. Representative Ennett, you are recognized for your comments.
Representative Denise Ennett Thank you, Mr. Chair. Me and my husband, one of our sons have autism so I'm in support of this bill. He also receives ABA therapy. And we have some very good therapists. And it's been a struggle for others to find reputable therapists. So I'm in full support of this bill. Thank you.
Representative Jeff Wardlaw Any other discussion from committee members? Seeing none-- Representative Long, you're recognized.
Representative Wayne Long To Representative Clowney's description earlier, anybody can register for this. That doesn't necessarily mean that they're reputable. They're just registered. I think probably the only thing it's going to do is maybe have a way to reprimand people that are not really any good at this. But just because you're registered at this point doesn't mean that you're really any good at your job.
Representative Jeff Wardlaw Seeing no further discussion, all those in favor say aye. All opposed. Ayes have it. Congratulations, your bill is passed.
Representative Nicole Clowney Thank you, Mr. Chair. Thank you, committee.
Representative Jeff Wardlaw Representative Gramlich. We're passing over 1277 and running 1310.
Representative Zack Gramlich Thank you, Chair. Thank you, committee. House Bill 1310 eliminates the commission for the Umbilical Cord Blood Bank. This does not eliminate the bank. What essentially has happened is the commission was set up to create and make sure that the Umbilical Cord Blood Bank was running. It is running now.
They have not met in three years. There have been no new appointments to the commission. So the Arkansas Department of Health and UAMS think it's best to eliminate some red tape, make government smaller and eliminate this commission and give the authority to run the Umbilical Cord Blood Bank to UAMS and the Department of Health. I will take any questions.
Representative Jeff Wardlaw Any questions from committee? Seeing none, would anyone in the audience like to speak for or against the bill? Seeing none, I have a motion from Representative Pilkington for do pass. Any discussion on the motion? All those in favor say aye. All opposed. Ayes have it. Congratulations, your bill is passed.
Representative Zack Gramlich Thank you, Mr. Chairman. Thank you, committee.
Representative Jeff Wardlaw Members, seeing no other bills on the agenda and no further business, we stand adjourned.
