Date: 02/11/2009

Final
BILL SUMMARY for SB09-128

SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES

Votes: View--> Action Taken:
Adopt a conceptual amendment to remove the statuto
Adopt prepared amendment L.001 (Attachment D). Th
Refer Senate Bill 09-128, as amended, to the Commi
PASS
Pass Without Objection
PASS



11:08 AM -- Senate Bill 09-128

Senator Carroll explained Senate Bill 09-128, which implements the recommendations of the Department of Regulatory Agencies in its sunset review of the administration of medications by unlicensed persons. Specifically, the bill continues the qualified medication administration person (QMAP) program, removes the QMAP education and evaluation program from the sunset review calendar, requires employers to document that all QMAPS in their employ have passed a competency evaluation at least once every 5 years, and requires employers who utilize QMAP services to conduct drug-related criminal background checks on potential employees.

11:10 AM --
Bryan Jameson, Department of Regulatory Agencies, stated that DORA failed to include in the sunset report a recommendation to strike current statutory language that requires the Department of Human Services and the Department of Corrections to maintain a list of the individuals who have successfully passed the QMAP competency exam and to forward the list to the Department of Public Health and Environment. He stated that there is no statutory requirement that the Department of Public Health and Environment maintain the list, and it is unclear how the list would be used if it were required to be maintained. He stated the list currently does not exist. Senator Carroll testified that she was not inclined to remove the requirement that the names be forwarded to the Department of Public Health and Environment, stated that transparency may be lost if the information is not publically accessible. Mr. Jameson reiterated that the QMAP program is not a regulatory program, but rather an educational program. Senator Tochtrop commented that the onus is on the employer to ensure that a QMAP has passed the qualifying exam, and that there is transparency for the consumer, stating that facilities will not employ persons without proof of their competency. Senator Tochtrop and Senator Carroll dialogued on whether or not the Department of Public Health and Environment should receive reports related to the competency evaluations for QMAPs. The committee further discussed the issue.


11:30 AM

Senator Boyd asked that the committee be permitted to review the amendment recommended by DORA. Kristen Forrestal, Office of Legislative Legal Services, came to the table to explain that an amendment had not been prepared in advance of the committee meeting, and explained the portion of current statute which DORA was seeking to be struck. Senator Carroll stated her belief that removing the requirement would weaken public oversight. Mr. Jameson further discussed the reasons why the department was seeking the amendment. Senator Boyd asked what the original purpose of the language requiring that the list be forwarded to the Department of Public Health and Environment was, and Mr. Jameson responded that he did not know.

11:35 AM --
Vennita Jenkins, Colorado Association of Homes and Services for the Aging, testified in support of the bill. Senator Carroll distributed amendment L.001 (Attachment D), which would specify that QMAPS have to take a competency evaluation at least once every five years, but not each time they are employed in a different facility. Ms. Jenkins responded to comments from Senator Tochtrop regarding the competency evaluation, stating that the exam lasts two days and is not readily available in Colorado.

09SenateHHS0211AttachD.pdf

11:43 AM --
Bryan Jameson, Department of Regulatory Agencies, returned to the table to respond to questions from Senator Schultheis regarding whether current statutory requirements requiring the departments to forward information about individuals who have passed the QMAP exam to the Department of Public Health and Environment should be retained. Mr. Jameson commented on the competency examination, stating that the test does not last two days and that passage of the exam should be required each time a QMAP is employed at a different facility. Senator Carroll responded to questions from Senator Morse regarding the competency evaluation and the maintenance of the list of QMAPs who have passed the evaluation, stating that medication errors are common and that the requirement for maintenance of the list is not onerous.


11:49 AM

Senator Carroll gave concluding remarks regarding the bill.
BILL:SB09-128
TIME: 11:49:57 AM
MOVED:Carroll M.
MOTION:Adopt prepared amendment L.001 (Attachment D). The motion passed without objection.
SECONDED:
VOTE
Carroll M.
Lundberg
Mitchell
Morse
Newell
Schultheis
Tochtrop
Boyd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


11:50 AM

Senator Schultheis moved an amendment to strike the current statutory requirement that certain employers report the employees that have passed the competency evaluations to the Department of Public Health and Environment. Senator Carroll stated that she would like to be removed as the sponsor of the bill if the amendment is adopted. Various other committee members commented on the amendment and the potential fiscal impact of requiring the Department of Public Health and Environment to maintain the list.
BILL:SB09-128
TIME: 11:55:59 AM
MOVED:Schultheis
MOTION:Adopt a conceptual amendment to remove the statutory requirement that certain employers report the employees that have passed the competency evaluation to the Department of Public Health and Environment. The motion passed on a 5-3 roll call vote.
SECONDED:
VOTE
Carroll M.
No
Lundberg
Yes
Mitchell
Yes
Morse
No
Newell
No
Schultheis
Yes
Tochtrop
Yes
Boyd
Yes
Not Final YES: 5 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:SB09-128
TIME: 11:56:14 AM
MOVED:Carroll M.
MOTION:Refer Senate Bill 09-128, as amended, to the Committee on Appropriations. The motion passed on a 6-2 roll call vote.
SECONDED:
VOTE
Carroll M.
No
Lundberg
Yes
Mitchell
Yes
Morse
No
Newell
Yes
Schultheis
Yes
Tochtrop
Yes
Boyd
Yes
Final YES: 6 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS