Date: 02/03/2015

Final
BILL SUMMARY for HB15-1082

HOUSE COMMITTEE ON PUBLIC HEALTH CARE & HUMAN SERVICES

Votes: View--> Action Taken:
Adopt amendment L.003 (Attachment J) as a substitu
Adopt amendment L.005 (Attachment E). The motion f
Adopt amendment L.006 (Attachment F). The motion p
Refer House Bill 15-1082 to the Committee of the W		FAIL
FAIL
PASS
PASS



04:36 PM -- HB 15-1082

Representative Melton introduced House Bill 15-1082 and distributed amendment L.005 and L.006 (Attachments E and F) and two handouts regarding the bill (Attachments G and H). The bill requires that any disciplinary proceeding against a mental health professional be commenced within five years of an alleged act or failure to act. He responded to questions from the committee.

150203 AttachE.pdf150203 AttachE.pdf150203 AttachF.pdf150203 AttachF.pdf150203 AttachG.pdf150203 AttachG.pdf150203 AttachH.pdf150203 AttachH.pdf

04:44 PM -- Ronne Hines, Department of Regulatory Agencies (DORA), responded to questions from the committee regarding the length of time physicians must maintain records. She testified that, as drafted, the department opposes the bill, and noted that the department has not had a chance to review amendment L.005 (Attachment G). She responded to questions from the committee regarding the statute of limitations for filing complaints against physicians. She clarified that no other profession regulated by DORA has a statute of limitations in which complaints must be filed.

04:50 PM -- Sara Shirk, Colorado Cross Disability Coalition, testified in opposition to the bill.

04:52 PM -- Aubrey Ellen Shomo, Mental Patients Anti-Defamation Alliance, testified in opposition to the bill. She described the abuse she suffered in her youth, and the court proceedings surrounding these issues. She stated that people who are traumatized have difficulty reporting complaints against mental health professionals, and testified in opposition to time-barring complaints.

05:06 PM -- Jennifer Hill, Colorado Mental Wellness Network, testified in opposition to the bill. She noted that similar statutes of limitation do not exist for other medical professions and spoke regarding the importance of allowing patients to heal. She discussed the difficulties she has experienced obtaining her mental health records.

05:09 PM -- Michael Lott-Manier, Mental Health America of Colorado, testified regarding his concerns that the bill creates a disparity between the disciplinary processes for medical and mental health professionals. He spoke in support of the mental health professionals who work in Colorado and regarding the provisions of amendment L.005 (Attachment E). He responded to questions from the committee.

05:26 PM -- Dr. Reo Leslie, Colorado Mental Health Professionals Association and Colorado School for Family Therapy, testified in support of the bill and distributed a handout to the committee (Attachment I). He noted that the law differentiates between mental health and physical health providers in certain instances, such as in the provision of medical records. He discussed the need for the bill, including for protection of professionals from harassment by former clients. He listed other reasons for the bill, including saving resources and public and consumer protection. He noted that some of the abuses in the system need to be addressed by criminal law rather than through the administrative rules governing mental health professionals. He responded to questions from the committee.

150203 AttachI.pdf150203 AttachI.pdf

05:33 PM -- Jim Carr, representing himself, clarified that the bill does not apply to psychiatrists and psychiatric nurses. He clarified that the bill, as amended by amendment L.005, applies only to issues concerning billing and records and does not apply to fee disputes. He stated that any complaint filed against a mental health professional that is over seven years old is difficult to prove, and it's difficult to prosecute such cases. He responded to questions from the committee.

05:43 PM -- Denis Lane, Center for Ethical Studies, testified in support of the bill

05:45 PM -- Mike Holtby, representing himself, testified in support of the bill noting that he disposed of records older than seven years when he retired. He expressed concerns regarding his ability to defend himself against complaints that are made related to issues older than seven years.

05:50 PM -- J. Delaine Taylor, representing herself, testified in support of the bill and explained that individuals with severe mental health issues are the most likely to file complaints with DORA and have limited ability to have clear judgement in such instances.

05:54 PM -- Brett Ploessel, representing himself, testified in support of the bill. He responded to questions from the committee regarding electronic health records.

05:57 PM -- Dr. Eric Nelson, Colorado Mental Health Professional Association and Aurora Mental Health, testified in support of the bill, stating the bill is a balance between consumers and professionals.

05:59 PM -- Dr. Mark Kilmer, Colorado Mental Health Professional Association, testified in support of the bill and regarding the burden placed on professionals when grievances are filed years after the original incident.

06:03 PM -- Pam Mills, representing herself, testified in support of the bill and regarding her experience serving on a licensing board for mental health professionals. She noted that any person could file a grievance and the burden is on the practitioner to disprove the claims.

06:07 PM -- Carol O'Dowd, Colorado Association of Psychotherapists, testified in support of the bill and stated that the bill will reduce the time that is spent by mental health professionals and DORA staff addressing frivolous complaints.

06:09 PM -- James Hoysick, Colorado Mental Health Professional Association, testified in support of the bill. He responded to questions from the committee.

06:14 PM -- Eliselda Bustillos, Colorado School for Family Therapy and Latino Counseling, testified in support of the bill and stated that it is a large concern that clients can file grievances many years later when professionals may not have records to defend themselves.
BILL:HB15-1082
TIME: 06:19:14 PM
MOVED:Melton
MOTION:Adopt amendment L.005 (Attachment E). The motion failed on a vote of 6-7.
SECONDED:Singer
VOTE
Conti
No
Danielson
Yes
Everett
No
Ginal
No
Joshi
No
Keyser
No
Landgraf
No
Melton
Yes
Moreno
Yes
Tyler
Yes
Windholz
No
Singer
Yes
Primavera
Yes
YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB15-1082
TIME: 06:19:46 PM
MOVED:Melton
MOTION:Adopt amendment L.006 (Attachment F). The motion passed on a vote of 7-6.
SECONDED:Singer
VOTE
Conti
No
Danielson
Yes
Everett
No
Ginal
Yes
Joshi
No
Keyser
No
Landgraf
No
Melton
Yes
Moreno
Yes
Tyler
Yes
Windholz
No
Singer
Yes
Primavera
Yes
YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:HB15-1082
TIME: 06:23:34 PM
MOVED:Joshi
MOTION:Adopt amendment L.003 (Attachment J) as a substitute to amendment L.006. The motion failed on a vote of 4-9.
SECONDED:Everett
VOTE
Conti
No
Danielson
No
Everett
Yes
Ginal
No
Joshi
Yes
Keyser
Yes
Landgraf
Yes
Melton
No
Moreno
No
Tyler
No
Windholz
No
Singer
No
Primavera
No
YES: 4 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL

150203 AttachJ.pdf150203 AttachJ.pdf

BILL:HB15-1082
TIME: 06:37:13 PM
MOVED:Melton
MOTION:Refer House Bill 15-1082 to the Committee of the Whole. The motion passed on a vote of 12-1.
SECONDED:Landgraf
VOTE
Conti
Yes
Danielson
Yes
Everett
Yes
Ginal
Yes
Joshi
Yes
Keyser
Yes
Landgraf
Yes
Melton
Yes
Moreno
Yes
Tyler
No
Windholz
Yes
Singer
Yes
Primavera
Yes
Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS




06:43 PM

The committee adjourned.