Health-entities merger bill gets panel scrutiny

Lawmakers note one group opposed to transferring out

Rep. Andy Davis (top left), R-Little Rock, is shown in this Thursday, March 8, 2018, file photo at the State Capitol in Little Rock.
Rep. Andy Davis (top left), R-Little Rock, is shown in this Thursday, March 8, 2018, file photo at the State Capitol in Little Rock.

The sponsor of legislation that would merge various health-related entities into the Department of Health told lawmakers on Tuesday that he hasn't heard from any opponents of these mergers.

But state Rep. Andy Davis, R-Little Rock, said he's heard from massage therapists and cosmetologists who oppose the proposed transfer of their licensing programs from the Health Department to the proposed Department of Labor and Licensing.

During a Senate committee's review of House Bill 1072 by Davis, Gov. Asa Hutchinson's chief transformation officer, Amy Fecher, said the bill would move entities such as the Tobacco Settlement Commission, Minority Health Commission, Health Services Permit Agency and the surgeon general under the Health Department.

The boards and commissions would retain their regulatory authority and keep any special revenue under their control, she said.

[RELATED: Complete Democrat-Gazette coverage of the Arkansas Legislature]

Sen. Will Bond, D-Little Rock, pressed Davis about whether any of the entities that would be merged into the Health Department "did not want to move to the Department of Health" or "they wanted to go elsewhere or vice versa."

"I haven't spoken to anybody that is opposed to being moved into" the Health Department, Davis said.

"There is concern over the language around the employees being employees of the [health] secretary rather than being employees of the board," he said during a meeting of the Senate State Agencies and Governmental Affairs Committee. That panel is reviewing the bills that would implement Hutchinson's proposal to reduce the number of agencies reporting to him from 42 to 15.

"I think the Medical Board, in particular, is wanting to voice concern about that. We are just continuing to talk to them about options about that language," Davis said.

So, Bond said, "the discussions surrounding these transfers has more to do with who answers to who?"

In response, Davis said, "For the most part."

"We do have one group that is opposed to moving out of the Department of Health, the massage therapists and cosmetologists," he said. "I am going to meet with them hopefully on Thursday of this week and try to allay some of their concerns."

Sen. Breanne Davis, R-Russellville, said the massage therapists have worked hard to integrate themselves into the Health Department, and she would like to see their program remain under the department.

"I am worried if we deregulate them, it may have some unintended consequences," she said.

Ann Purvis, deputy director of administration for the Health Department, said the department has integrated the massage therapists into the cosmetology program.

"We need to keep them together. We got them because they were having problems. Now they are not having problems. The same thing with the cosmetologists years ago. We love them. I really like the people working there, and I think they do a fantastic job," she said.

"It is just one of those things. It is an occupational license versus a medical question. We are open to those discussions," Purvis said.

Andy Davis said, "In looking at moving them, it really has more to do with the function of the board, what the board does, as opposed to the profession itself.

"We are by no means trying to imply that their profession is not health related or doesn't have health benefits," he said.

Davis said the rules and regulations of massage therapists and cosmetologists would be retained under their transfer to the Department of Labor and Licensing.

Sen. Bill Sample, R-Hot Springs, said he helped move the massage therapists under the Department of Health through legislation in 2015. He said it's a "health-related service" that should be kept under the Health Department.

In a related development, Davis on Monday filed House Bill 1272 to establish the Department of Transformation and Shared Services. It would include the Department of Information Systems, Geographic Information Systems and Department of Finance and Administration's Employee Benefits, Building Authority, Office of State Procurement and Office of Personnel Management.

So far, Davis has introduced 12 of 16 bills that would implement Hutchinson's proposed reorganization of state government. Davis has said that after the measures are all introduced to seek comment from the public and lawmakers, he plans to withdraw the bills and then introduce one consolidated bill of more than 1,500 pages.

Calendar

The calendar of public events of the 92nd General Assembly for today, the 17th day of the 2019 regular session.

COMMITTEES

10 a.m. Senate Education Committee, Room 207.

10 a.m. Senate Judiciary Committee, Room 171.

10 a.m. Senate Public Health, Welfare and Labor Committee, Room

272.

10 a.m. Senate Revenue and Taxation Committee, Old Supreme Court chamber.

10 a.m. House Aging, Children and Youth, Legislative & Military Affairs Committee, Room 130.

10 a.m. House Agriculture, Forestry and Economic Development Committee, Room 138.

10 a.m. House City, County and Local Affairs Committee, Room B, Multi-Agency Complex.

10 a.m. House Insurance and Commerce Committee, Room 149.

10 a.m. House State Agencies and Governmental Affairs Committee, Room 151.

1 p.m. House Advanced Communications and Information Technology Committee, Room 151.

10 minutes after adjournment of the House, House State Agencies and Governmental Affairs Committee, Room 151.

3 p.m. Senate Judiciary Committee, Room 171.

SENATE

1 p.m. Senate convenes.

HOUSE

1:30 p.m. House convenes.

A Section on 01/30/2019

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