Senate Committee on Health & Human Services (05/04/2015)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON HEALTH & HUMAN SERVICES

Date:	05/04/2015	ATTENDANCE

Time:	02:16 PM to 04:21 PM	Aguilar	X
		Martinez Humenik	X
Place:	SCR 352	Newell	X
		Crowder	X
This Meeting was called to order by		Lundberg	*
	Senator Lundberg

This Report was prepared by
	Elizabeth Haskell
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB15-289 HB15-1309 HB15-1373 HB15-1351		Referred to Finance Referred to Finance Referred to the Committee of the Whole Postponed Indefinitely

02:17 PM -- SB15-289

Senator Crowder presented Senate Bill 15-289. Senate Bill 15-289 specifies that fees associated with assisted living facilities established by the Colorado Department of Public Health and Environment (CDPHE) cannot increase by more than the inflation rate.

02:18 PM -- Randy Kurkendall, CDPHE, spoke in opposition to the bill. He discussed the assisted living market in Colorado and the number of inspectors that CDHPE needs in order to adequately inspect assisted living facilities. Committee discussion followed about other funding options available for inspectors and other entities that inspect assisted living facilities. Mr. Kurkendall told the committee that some facilities have not been inspected for five years since there are currently only seven inspectors. He explained that inspectors must investigate complaints against facilities as they are received which often delays the regular inspections of facilities.

02:35 PM

Committee discussion continued about the number of inspections performed by CDPHE, the anticipated increase in the licensing fees for assisted living facilities, and the inspection of assisted living facilities by state and local agencies.

02:42 PM -- Jayla Sanchez Warren, Denver Regional Council of Governments Area Agency on Aging, testified in opposition to the bill. She spoke about the Long-Term Care Ombudsman Program and its role in addressing the concerns of residents of assisted living facilities.

02:47 PM -- Gayle Berry, Leading Age CO, spoke in support of the bill. Committee discussion followed about CDPHE's responsibility to consider the Consumer Price Index when setting fees and previous legislation that set fees for assisted living facilities.

02:55 PM

Senator Crowder made closing comments. Committee members commented on the bill.


BILL:	SB15-289
TIME:	02:58:17 PM
MOVED:	Crowder
MOTION:	Refer Senate Bill 15-289 to the Committee on Finance. The motion passed on a vote of 3-2.
SECONDED:
		VOTE
	Aguilar	No
	Martinez Humenik	Yes
	Newell	No
	Crowder	Yes
	Lundberg	Yes


Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:00 PM -- HB15-1309

Senator Crowder introduced House Bill 15-1309. The bill allows dental hygienists to receive a permit from the Colorado Dental Board to perform interim therapeutic restorations. In order to receive a permit, a dental hygienist must:

• hold a license in good standing to practice dental hygiene;
• carry professional liability insurance;
• complete required training; and
• complete a board-approved course concerning interim therapeutic restorations.

Under the bill, the Department of Regulatory Agencies (DORA) must establish an advisory committee to develop standards for interim therapeutic restorations. The bill specifies the membership of the committee and requires the committee to submit its recommendations to the Dental Board within 120 days of the bill taking effect. The bill places various restrictions on dental hygienists performing interim therapeutic restorations, including prohibiting the use of local anesthesia and requiring that a dentist first provide the diagnosis, treatment plan, and instruction for the dental hygienist to perform the restoration. The bill allows dentists to supervise and order interim therapeutic restorations by dental hygienists via telehealth and outlines rules for such remote consultations. Medicaid and the Children's Basic Health Plan may reimburse dentists for services provide via telehealth relating to interim therapeutic restorations.

03:01 PM -- Jennifer Goodrum, Colorado Dental Association, spoke in support of the bill. She explained the role of a dental hygienist in respect to administering protective restorations. Ms. Goodrum responded to questions.

03:09 PM -- Dianna Orf, Colorado Dental Hygienists Association, spoke in support of the bill.

03:11 PM

Senator Crowder made closing comments. Committee members commented on the bill.


BILL:	HB15-1309
TIME:	03:12:26 PM
MOVED:	Crowder
MOTION:	Refer House Bill 15-1309 to the Committee on Finance. The motion passed on a vote of 5-0.
SECONDED:
		VOTE
	Aguilar	Yes
	Martinez Humenik	Yes
	Newell	Yes
	Crowder	Yes
	Lundberg	Yes


Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:13 PM -- HB15-1373

Senator Aguilar presented House Bill 15-1373. The bill allows a speech-language pathologist to obtain a provisional certification prior to the completion of a clinical fellowship. To obtain the provisional certification, the applicant must have first completed the educational requirements and passed a national competency examination. A holder of a provisional certification must practice under the supervision of a fully certified speech-language pathologist. Provisional certification expires after 24 months or upon issuance of full certification, whichever comes first. A provisional license cannot be renewed.

03:14 PM -- Allina Robertson, representing herself, testified in support of the bill and told the committee that allowing speech-language pathologist to obtain a provisional certification prior to the completion of a clinical fellowship will allow these practitioners to practice in a variety of settings that are not currently available.

03:17 PM -- Lesley Lange, representing herself, spoke in support of the bill and discussed her personal experience as a master's level student of speech-language pathology. She discussed the practice limits that are in place due to not having a provisional certification prior to applying for a clinical fellowship.

03:19 PM -- Therese Wenham, representing herself, spoke in support of the bill. She told the committee about the training speech-language pathologists receive at the master's level speech-language pathology program at the University of Colorado. She spoke about the difficulties encountered by students working in medical settings who do not hold a provisional certification, and the benefits of hiring clinical fellows to work with patients in a hospital setting.

03:21 PM

Senator Aguilar made closing comments.


BILL:	HB15-1373
TIME:	03:21:35 PM
MOVED:	Aguilar
MOTION:	Refer House Bill 15-1373 to the Committee of the Whole with consent calendar. The motion passed on a vote of 5-0.
SECONDED:
		VOTE
	Aguilar	Yes
	Martinez Humenik	Yes
	Newell	Yes
	Crowder	Yes
	Lundberg	Yes


Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:25 PM -- HB15-1351

Senator Marble presented House Bill 15-1351. The bill requires that any complaint filed with DORA against a mental health professional be filed within seven years of an alleged act or failure to act. This bill applies only to complaints concerning violations relating to the maintenance of records for adult patients by regulated mental health professionals. This limitation does not apply to other prohibited professional practices. Covered mental health professionals include psychologists, social workers, marriage and family therapists, professional counselors, addiction counselors, and psychotherapists.

03:28 PM -- Michael Lott-Manier, Mental Health America of Colorado (MHA), testified against the bill and provided a handout to the committee that reflects MHA's position on the bill (Attachment A). Committee discussion followed about the need to maintain professional records and the regulatory boards' rules and regulations associated with maintaining records.

150504 AttachA.pdf

03:38 PM -- Jennifer Hill, Colorado Mental Wellness Network, spoke against the bill. She discussed the difficulty that some mental health patients have bringing forth complaints in a timely manner.

03:41 PM -- Michael Holtby, Denver Therapist Network, spoke in support of the bill. He spoke about the difficulty he has maintaining the records he has collected over the course of his 48 year career.

03:46 PM -- Dr. Reo Leslie, Colorado Mental Health Professional Association, spoke in support of the bill. He provided a copy of his testimony to the committee (Attachment B). Dr. Leslie stated that anyone can file a complaint against mental health professionals, not just patients. Dr. Leslie responded to questions from the committee about maintaining patient files.

150504 AttachB.pdf

03:55 PM

Committee discussion followed about the nature of patient complaints filed against providers and the length of time from the date of service to the time the complaint is filed.

03:58 PM -- Pam Mills, Colorado Mental Health Professionals Association, spoke in support of the bill. She spoke about the difficulty mental health providers face when trying to maintain files for an extended period of time.

04:02 PM -- Ronne Hines, DORA, responded to questions from the committee about the number of complaints that are filed seven or more years after the alleged grievance occurred, the length of time that medical records are maintained, and the effect a negative ruling by a court may have on a practitioners license.

04:14 PM

The committee recessed.

04:15 PM

The committee came back to order. Senator Marble made closing comments. Committee members commented on the bill.


BILL:	HB15-1351
TIME:	04:20:58 PM
MOVED:	Crowder
MOTION:	Refer House Bill 15-1351 to the Committee of the Whole. The motion failed on a vote of 2-3.
SECONDED:
		VOTE
	Aguilar	No
	Martinez Humenik	No
	Newell	No
	Crowder	Yes
	Lundberg	Yes


YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB15-1351
TIME:	04:21:33 PM
MOVED:	Aguilar
MOTION:	Postpone House Bill 15-1351 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed without objection.
SECONDED:
		VOTE
	Aguilar	Yes
	Martinez Humenik	Yes
	Newell	Yes
	Crowder	No
	Lundberg	No


Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION:

04:21 PM

The committee adjourned.