Bill Summary for Bill Number SB09-239

Date: 04/23/2009

Final
BILL SUMMARY for SB09-239

HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES

Votes: View-->	Action Taken:
Moved to adopt prepared amendment L.018 (Attachmen Moved to adopt prepared amendment L.019 (Attachmen Moved to refer Senate Bill 09-239, as amended, to	Pass Without Objection Pass Without Objection PASS

05:32 PM -- The committee reconvened, and continued with witness testimony.

05:32 PM -- Cheryl Blankemeier, Colorado Association of Nurse Anesthetists, spoke in support of the bill. She spoke to the responsibilities of the Board of Nursing.

05:35 PM -- Edie Sonn, Colorado Medical Society (CMS), spoke in support of the reengrossed bill as it came out of the Senate. She spoke to the collaboration between the Colorado Medical Society and the Colorado Nurses Association regarding the definition of advanced practice nurses and their scope of authority. She spoke to Section 33, the involuntary commitment piece of the bill, stating that it was added in the Senate. She stated that CMS is in support of that language.

05:41 PM -- Susan Miller, Director Health Care Section, Department of Regulatory Agencies, responded to committee questions.

05:43 PM -- Dr. Charles Smith, Deputy Director, Division of Behavioral Health, Department of Human Services, spoke to Section 33, the involuntary commitment piece of the legislation. Dr. Smith stated that the division is in support of the language currently in the bill. He stated that there are no other states that allow APNs to involuntarily commit individuals to a drug or alcohol program. He described the process in which a person is involuntarily committed to a drug and alcohol treatment program. Dr. Smith described what happened during the 2008 legislative session when APNs were given the authority to involuntarily commit individuals to drug and alcohol treatment stating that it was put into law with House Bill 08-1167. He stated that an amendment was put on the bill on second reading and the department was unaware of it until it became law. He stated that the department and the APNs worked with the Governor to delay implementation of the authority until July 2009. He responded to Representative Gagliardi's question regarding the department's assurance that when the department sits down to evaluate this issue, all pertinent stakeholders will be invited to the discussion.

06:01 PM -- Tay Kopanos, Colorado Nurses Association (CNA) and the Denver Nurse-Midwives, spoke to the collaboration in drafting the bill. She spoke to the DORA sunset review report. She spoke to Section 33 which allows APNs to sign documents related to the involuntary commitment of substance and alcohol abusers. She stated that there is a need in the community for APNs to be able to sign these commitment forms. She spoke to the educational factors the APN's acquire throughout their training and education. Ms. Kopanos spoke to the APNs prescriptive authority. She stated that CNA is concerned with Page 32, lines 26 and 27 and Page 33, lines 1 and 2 of the reengrossed bill. She stated that the DORA Working Group, which reviewed the legislation for the Nurse Practice Act before it was introduced, did not approve this section. She stated that rule making should be separate between the Board of Nursing and the Board of Medicine. She stated that these lines in the bill may allow joint rule making which the CNA is opposed to. She clarified for the committee that she is in support of the bill without the language in Section 33. She spoke briefly about Senate Bill 09-007 which would have required the Division of Behavioral Health to review whether APNs may have the authority to involuntarily commit an individual for a drug or alcohol treatment program. Ms. Kopanos responded to committee questions.

06:20 PM

Representative Riesberg responded to committee questions that were asked during testimony. He clarified that APNs do not have the authority to involuntarily commit individuals with alcohol and substance abuse problems. He stated that implementation regarding that piece of House Bill 08-1061 was delayed until July 2009. He provided data regarding how many involuntary commitments have occurred across the state. He spoke to the involuntary commitment issue within the bill. Representative Riesberg provided concluding remarks to the bill.


BILL:	SB09-239
TIME:	06:37:42 PM
MOVED:	Riesberg
MOTION:	Moved to adopt prepared amendment L.018 (Attachment B). Representative Riesberg explained the amendment. The motion passed without objection.
SECONDED:	Kefalas
		VOTE
	Acree
	Gerou
	Green
	Kagan
	Kefalas
	Kerr J.
	Nikkel
	Primavera
	Swalm
	Gagliardi
	Riesberg

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-239
TIME:	06:39:32 PM
MOVED:	Riesberg
MOTION:	Moved to adopt prepared amendment L.019 (Attachment C). Representative Riesberg explained the amendment. The motion passed without objection.
SECONDED:	Kefalas
		VOTE
	Acree
	Gerou
	Green
	Kagan
	Kefalas
	Kerr J.
	Nikkel
	Primavera
	Swalm
	Gagliardi
	Riesberg

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-239
TIME:	06:42:33 PM
MOVED:	Riesberg
MOTION:	Moved to refer Senate Bill 09-239, as amended, to the Committee on Appropriations. The motion passed on a 9-0 roll call vote.
SECONDED:	Kefalas
		VOTE
	Acree	Yes
	Gerou	Yes
	Green	Excused
	Kagan	Yes
	Kefalas	Yes
	Kerr J.	Yes
	Nikkel	Yes
	Primavera	Excused
	Swalm	Yes
	Gagliardi	Yes
	Riesberg	Yes

Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

06:45 PM

The committee adjourned.