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Committee reviews multiple Department of Health rule changes, including controlled-substances scheduling and home/private care rule revisions

PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE - SENATE · May 4, 2020
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Summary

The Department of Health and DHS presented multiple rule updates — additions to controlled-substance schedules (including fentanyl-related and a synthetic cannabinoid), home health and private-care clarifications following Act 811, and nursing- and APRN-related changes — and each rule was reviewed by the committee without objection.

LITTLE ROCK — The Public Health, Welfare and Labor Committee reviewed a package of rule updates from the Department of Health and related agencies, including proposed additions to controlled-substance schedules, revisions to home health and private care agency rules, and broad nursing and allied-professional updates tied to statutory changes.

Laura Shih, general counsel for the Department of Health, summarized the controlled-substances rule, drawing attention to items that add several fentanyl-based or opioid-related substances to Schedule I, a synthetic cannabinoid to Schedule VI, and changes required by Act 504 that clarify tetrahydrocannabinol (THC) language and carve-outs for certain CBD products when verified by an accredited laboratory.

Peggy Bennett presented revisions to home health rules to segregate personal care from skilled home health services and to clarify certification classes. Department staff described private care rule changes developed with a rural working group to tailor requirements to non-skilled providers, replace a 'plan of care' with an 'assignment sheet,' limit survey intervals to no more than three years and define a 'qualified supervisor.' The presenters said public hearing comments were addressed.

Miss Tedford reviewed nursing chapter changes driven by multiple statutes, including clarification of professional boundaries, DACA-related licensure allowances, APRN-podiatrist collaboration updates and expansions of an alternative-to-discipline pathway to include individuals admitted for substance misuse, not only those with diagnosed substance-use disorder.

Committee members asked questions during the presentations; there were no roll-call votes on these rules in the meeting record and staff stated each item 'stood reviewed' or was 'reviewed without objection.'