Bill Summary for Bill Number Sunset Rev. of Bd. of Nursing Home Administrators

Date: 01/28/2009

Final
Sunset Rev. of Bd. of Nursing Home Administrators

SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES

Votes: View-->	Action Taken:
Introduce the draft bill (Attachment G) as drafted Strike sections 8 and 9 of the draft bill (Attachm	PASS TIE

10:50 AM -- Sunset Rev. of Bd. of Nursing Home Administrators

Bruce Harrelson, DORA, reviewed recommendations contained in the DORA Sunset Review of the Board of Examiners of Nursing Home Administrators (Attachment F). A draft bill containing the recommendations of the sunset review was distributed to the committee (Attachment G). DORA's recommendations with regard to the board are to:

Recommendation 1: continue the Board of Nursing Home Administrators through July 1, 2018;
Recommendation 2: reduce the size of the board from 8 to 5 members;
Recommendation 3: eliminate the requirement that participants in administrator-in-training program submit bimonthly progress reports, and allow the board, by rule, to determine the frequency of the progress reports;
Recommendation 4: eliminate a bachelor's degree in business administration from the list of degrees that an applicant for a nursing home administrator license can hold in order to avoid participation in the administrator-in-training program as a prerequisite to licensure;
Recommendation 5: eliminate the ability of an applicant for licensure as a nursing home administrator to avoid participation in the administrator-in-training program as a prerequisite to licensure by demonstrating that the applicant has had two years of supervision in a nursing home or hospital;
Recommendation 6: repeal the requirement that the board submit an annual report to the governor;
Recommendation 7: allow the board to impose fines pursuant to rule when a licensee commits an act constituting grounds for discipline; and
Recommendation 8: correct technical errors in the statutory provisions governing the board.

Mr. Harrelson responded to questions from Senator Tochtrop regarding whether the draft bill's language is intended to mirror language contained in other licensing practice acts. Senator Carroll asked for clarification of recommendations number 3 and 6. Mr. Harrelson stated that DORA doesn't feel strongly about recommendation 6, but that the reporting requirement has been eliminated for other licensing boards. He responded to questions from Senator Carroll about recommendation number 3, stating it was his belief that allowing the board to dictate the timing of the reports would strengthen the reporting requirement. He responded to questions from Senator Tochtrop recommendation number 6. Senator Tochtrop noted that there is a lot of public information available about specific licensees, and that if the reports aren't required for other regulatory boards, they shouldn't be required for the Board of Nursing Home Administrators. Senator Tochtrop discussed recommendation number 3, and stated that it should be the purview of the board as to the timing of submission of the progress reports.

11:04 AM

Senator Lundberg asked for clarification of recommendation number 7, which allows the boards to issue fines for disciplinary actions. Mr. Harrelson responded, stating that there are times when surrender or revocation of a license is not appropriate, and that there are incidents that are administrative in nature where assessment of a fine may be more appropriate. He stated that fines are another tool for regulators to use, and gave an example of a situation in which assessment of a fine may be appropriate. The committee discussed the provision allowing the board to assess fines.

11:18 AM -- Susan Miller, Department of Regulatory Agencies, testified regarding recommendation number 7, stating that fining is an appropriate tool in certain circumstances and that sometimes there is a need for disciplinary tools outside of those that currently exist. She clarified the range for penalties specified in the bill. She responded to comments from Senator Carroll regarding various reporting requirements in the bill. Ms. Miller responded to comments from Senator Carroll regarding recommendation 6, stating that even though the reporting requirement would be removed, the data would still be available to the public. Senator Lundberg asked for clarification of Ms. Miller's comments related to recommendation number 7. Ms. Miller responded, stating that the fines would be discretionary. She stated that adding fining as an option for the board will allow the board to determine the appropriate disciplinary action to fit the circumstances of the offense.


BILL:	Sunset Rev. of Bd. of Nursing Home Administrators
TIME:	11:32:40 AM
MOVED:	Lundberg
MOTION:	Strike sections 8 and 9 of the draft bill (Attachment G) . The motion failed on a 4-4 roll call vote.
SECONDED:
		VOTE
	Carroll M.	No
	Lundberg	Yes
	Mitchell	Yes
	Morse	No
	Newell	No
	Schultheis	Yes
	Tochtrop	Yes
	Boyd	No

Not Final YES: 4 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	Sunset Rev. of Bd. of Nursing Home Administrators
TIME:	11:35:36 AM
MOVED:	Boyd
MOTION:	Introduce the draft bill (Attachment G) as drafted. The motion passed on a 8-0 roll call vote.
SECONDED:
		VOTE
	Carroll M.	Yes
	Lundberg	Yes
	Mitchell	Yes
	Morse	Yes
	Newell	Yes
	Schultheis	Yes
	Tochtrop	Yes
	Boyd	Yes

Not Final YES: 8 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:36 AM

Senator Boyd announced that Senator Tochtrop would be the prime sponsor of the bill. Senator Boyd reviewed the committee's schedule for upcoming meetings and the committee recessed.