Bill Summary for Bill Number SB09-007

Date: 01/21/2009

Final
BILL SUMMARY for SB09-007

SENATE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Refer Senate Bill 09-007 to the Committee of the W	PASS

02:37 PM -- Senate Bill 09-007

Senator Veiga, bill sponsor, discussed the provisions of SB 09-007. She explained that the bill concerns long-term involuntary commitments for individuals who abuse drugs or alcohol. Since its inception, the law has always mandated that only physicians have the authority to conduct these involuntary commitments. In legislation from 2008, a bill was passed that added advance practice nurses as being able to conduct involuntary commitments. This bill will remove the advance practice nurses from the statute. Senator Veiga explained that she decided to sponsor this bill because of the civil liberties issue and she believes that a physician, and only a physician, should conduct these commitments.

02:43 PM -- Sue Orahood, representing herself, spoke in opposition to the bill. She explained that she is an advanced practice nurse and discussed her professional experiences with individuals who abuse drugs and alcohol. She discussed the difficulties for her in processing involuntary alcohol commitments because she could not do them herself.

02:47 PM -- Mary Ciambelli, representing the Colorado Nurses Association, spoke in opposition to the bill. She explained that she is an advanced practice nurse and described her qualifications. She explained her job duties concerning mentally ill patients and indicated that she believes that advanced practice nurses are qualified to recommend involuntary commitments for individuals who abuse drugs or alcohol.

02:54 PM

The committee asked Ms. Ciambelli about the specifics of the bill and the role of advanced practice nurses. Senator Morse discussed the high standard of having a physician only be able to determine the involuntary commitments. Ms. Ciambelli discussed her education and skills as an advanced practice nurse and indicated that she believes that she is more qualified than many physicians would be to determine these involuntary commitments. Ms. Ciambelli discussed the importance of this role for rural areas where physicians are not as readily available.

03:06 PM -- Tay Kopanos, representing the Colorado Nurses Association, spoke in opposition to the bill. She explained that the association has been identifying gaps in providing health care that could be provided by advanced practice nurses. One of those gaps concerns the involuntary commitment of individuals who abuse drugs or alcohol. She explained the role and education for advanced practice nurses.

03:17 PM

Senator Lundberg discussed the standards for involuntary commitments and his belief that for some types of commitments the standards are too low. Senator Newell asked about physician availability for the involuntary commitment process. Senator Carroll asked about the distribution of advanced practice nurses in rural areas as compared with physicians.

03:25 PM -- Carmelita Muniz, representing the Colorado Association of Alcohol and Drug Service Providers, spoke in opposition to the bill. She also relayed the testimony of Bill Wendt, representing Signal Behavioral Health, who is also in opposition to the bill. Ms. Muniz discussed her opposition to the bill. She explained that individuals need to have full access to health care, particularly in the rural areas and advanced practice nurses can fill this gap where resources are scarce.

03:32 PM -- Doyle Forrestal, representing the Colorado Behavioral Healthcare Council, spoke in opposition to the bill. She provided the committee with materials concerning the bill (Attachment A). She discussed the importance of advanced practice nurses in providing care.

03:36 PM

Senator Veiga discussed the statistics concerning individuals who are placed under involuntary commitment for drugs or alcohol abuse. Ms. Forrestal provided examples of ways advanced practice nurses currently provide care.

03:40 PM -- Bill Hanna and Yolanda Gray, representing the Colorado Department of Human Services, spoke in support of the bill. Mr. Hanna provided an overview of involuntary commitments for individuals with alcohol and drug abuse problems. Mr. Hanna distributed a fact sheet on the issue (Attachment B). Ms. Gray explained that she is the staff person assigned for reviewing involuntary commitments. Ms. Gray provided the committee with the specifics concerning the process for involuntary commitments.

03:52 PM -- Virginia Horton, representing the Arapahoe County Attorney's Office, spoke in support of the bill. She discussed the issue of advanced practice nurses expanding their scope of practice. She explained that she believes that physicians are important for determining these involuntary commitments. Ms. Horton discussed the rushed process for passing this legislation in 2008.

04:06 PM -- John Thirkell, representing himself, spoke in support of the bill. He discussed the provisions of the legislation from 2008 and the current bill. Mr. Thirkell provided the committee with an overview of the legal issues concerning having advance practice nurses perform these commitments.

04:14 PM -- Alfred Gilchrist, representing the Colorado Medical Society, spoke in support of the bill. He noted the importance of the legislation from 2008 and all of the advances for advance practice nurses, but he believes that this provision should be revisited.

04:17 PM -- Michael Allen, representing the Colorado Psychiatric Society, spoke in support of the bill. He indicated that the process as it is works and should remain.

04:26 PM -- Jonathan Ritvo, representing himself, spoke in support of the bill.

04:31 PM

Senator Veiga concluded her discussion of the bill.


BILL:	SB09-007
TIME:	04:33:01 PM
MOVED:	Morse
MOTION:	Refer Senate Bill 09-007 to the Committee of the Whole. The motion passed on a 7-0 roll call vote.
SECONDED:
		VOTE
	Hudak	Yes
	King K.	Yes
	Lundberg	Yes
	Newell	Yes
	Renfroe	Yes
	Carroll M.	Yes
	Morse	Yes

Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS