Date: 02/11/2009

Final
BILL SUMMARY for SB09-138

SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES

Votes: View--> Action Taken:
Adopt prepared amendment L.001 (Attachment E). Th
Page 12, strike lines 8 through 17. The motion fa
Page 13, strike lines 13 through 21. The motion p
Refer Senate Bill 09-138, as amended, to the Commi
FAIL
TIE
PASS
PASS



11:57 AM -- Senate Bill 09-138

Senator Boyd introduced Senate Bill 09-138. The bill implements the recommendations of the DORA sunset review on the certification program for nurse aides. Specifically, the bill continues the regulation of CNAs through September 1, 2020, makes changes to the advisory committee overseeing CNAs, and authorizes the Board of Nursing to require CNA training programs to include up to 25 percent more hours than the minimum federal requirements. She explained that the bill's fiscal note is related to the bill's provision that members of the advisory committee be permitted to receive a per diem. Senator Schultheis distributed amendment L.001 (Attachment E), which specifies that the advisory committee members not be permitted to receive a per diem.

09SenateHHS0211AttachE.pdf

12:01 PM --
Sheryle Hutter, Colorado Cross Disability Coalition, testified in opposition to the bill. She explained that the bill changes the composition of the advisory committee to remove a consumer's seat in favor of a seat for a member of the general public. She stated that if the bill is amended, the coalition would support the bill.

12:03 PM --
William Whatley, Front Range Nurse Aide Training Program, testified regarding the portion of the bill that permits the Board of Nursing to increase the number of training hours for CNA programs. He stated that there is no purpose or need specified in the sunset report for why an increase is being proposed and the increase in hours will increase costs and bureaucracy. He stated that the increase in hours should be accompanied by adequate standards and criteria regarding what the results of the training should be He stated that the increase in required hours will increase his operating costs, and that those costs will be passed along to those who are going through the training program. He stated that individuals entering CNA training programs can barely afford the program at its current cost. He testified regarding the importance of CNAs. He stated that his program was not contacted during the sunset review. Senator Boyd responded to questions from Senator Mitchell regarding why the bill is increasing the number of training hours required for CNAs, and committee discussion ensued. Senator Boyd responded that employers often pay for CNAs to attend the training programs. Mr. Whatley stated that CNAs are reimbursed for the costs of the training program, but they often are required to pay for the training up front. Senator Mitchell stated that instead of simply requirement more training hours, CNA training should be more narrowly focused on training deficiencies cited by long-term care facilities.

12:20 PM --
Bruce Harrelson, Department of Regulatory Agencies, came to the table to respond to questions raised by a previous witness regarding the membership of the advisory board, noting that consumers who wish to be on the board will still have an opportunity to be on the board. Senator Carroll asked why the bill removes current statutory language related to the delegation of medication authority, and Mr. Harrelson responded that he believed the removal of the language was standard for several sunset reviews. He responded to questions from Senator Schultheis regarding the bill's provision that provides for a per diem payment for members of the advisory committee.

12:24 PM --
Mark Merrill, Department of Regulatory Agencies, discussed the bill's changes to the membership of the advisory committee, noting that there have been problems in the past with filling the membership slots on the advisory committee, and the bill allows for additional flexibility.


12:26 PM


Senator Schultheis explained amendment L.001 (Attachment E). The amendment removes the requirement that members of the advisory board be paid a per diem.
BILL:SB09-138
TIME: 12:26:05 PM
MOVED:Schultheis
MOTION:Adopt prepared amendment L.001 (Attachment E). The motion failed on a 3-5 roll call vote.
SECONDED:
VOTE
Carroll M.
No
Lundberg
Yes
Mitchell
Yes
Morse
No
Newell
No
Schultheis
Yes
Tochtrop
No
Boyd
No
Not Final YES: 3 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL


12:28 PM

Senator Carroll moved an amendment to strike section 14 of the bill. This section concerns the delegation of authority to select medications by a registered nurse.
BILL:SB09-138
TIME: 12:28:23 PM
MOVED:Carroll M.
MOTION:Page 13, strike lines 13 through 21. The motion passed on a 7-1 roll call vote.
SECONDED:
VOTE
Carroll M.
Yes
Lundberg
Yes
Mitchell
Yes
Morse
Yes
Newell
Yes
Schultheis
No
Tochtrop
Yes
Boyd
Yes
Not Final YES: 7 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


12:30 PM

Senator Mitchell discussed the bill's requirements related to increased education training for CNAs. He moved an amendment to remove that section from the bill. The committee discussed Senator Mitchell's proposed amendment.
BILL:SB09-138
TIME: 12:30:01 PM
MOVED:Mitchell
MOTION:Page 12, strike lines 8 through 17. The motion failed 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:SB09-138
TIME: 12:33:24 PM
MOVED:Boyd
MOTION:Refer Senate Bill 09-138, as amended, to the Committee on Appropriations. The motion passed on a 7-1 roll call vote.
SECONDED:
VOTE
Carroll M.
Yes
Lundberg
Yes
Mitchell
Yes
Morse
Yes
Newell
Yes
Schultheis
No
Tochtrop
Yes
Boyd
Yes
Final YES: 7 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS