Date: 04/23/2015

Final
BILL SUMMARY for HB15-1351

HOUSE COMMITTEE ON HEALTH, INSURANCE, & ENVIRONMENT

Votes: View--> Action Taken:
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03:15 PM -- HB 15-1351

Due to the fact that Representative Melton was presenting another bill in another committee, Representative McCann started witness testimony on House Bill 15-1351. The bill requires that any complaint filed with the Division of Professions and Occupations in the Department of Regulatory Agencies 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.

03:16 PM --
Dr. Reo Leslie, Jr., Colorado Mental Health Professionals Association, testified in support of the bill. He provided a written statement (Attachment F). Dr. Leslie answered questions about the bill and record retention by certain health care professionals.

150423 AttachF.pdf150423 AttachF.pdf

03:21 PM --
Marilyn Cook, Colorado Mental Health Professionals Association, testified in support of the bill. She discussed record keeping by mental health professionals. Ms. Cook answered questions about her position on the bill.

03:24 PM --
Pam Mills, Colorado Mental Health Professionals Association, testified in support of the bill. She discussed the expense of record retention. Ms. Mills answered questions about record retention.

03:28 PM --
Ronne Hines, Department of Regulatory Agencies, answered questions about the bill, the statutes of limitations to file complaints with the Department of Regulatory Agencies for other professions, and whether other states have enacted similar legislation.

03:32 PM

Ms. Mills discussed what could happen if a complaint arose after records are destroyed.

03:33 PM --
Jennifer Delaine Taylor, representing herself, testified in support of the bill. She discussed the storage of electronic health records and false allegations against mental health professionals.

03:36 PM --
Michael Holtby, Denver Therapists Network, testified in support of the bill. He discussed record retention by mental health professionals.

03:38 PM --
James Hoysick, Colorado Mental Health Professionals Association, testified in support of the bill. He discussed his colleagues leaving the mental health profession or moving to other states that have more protections for mental health providers.

03:40 PM --
Michael Lott-Manier, Mental Health America of Colorado, testified in opposition to the bill. He discussed protecting consumers. In response to a question, Mr. Lott-Manier discussed why a complaint may not be filed for longer than seven years. He discussed aligning laws for all health care professionals, rather than establishing a statute of limitations for certain providers. Mr. Lott-Manier answered questions about the involvement of stakeholders concerning the drafting of the bill.

03:53 PM --
Nita Bradford, Coalition Advocates for Rights in Treatment, testified in opposition to the bill. She discussed how the bill would be discriminatory to persons with mental health needs.

03:55 PM

Representative Melton provided closing comments on the bill. Representative Melton answered questions about the bill. Representative McCann laid the bill over until Tuesday, April 28, 2015.

04:03 PM

The committee adjourned.