Bill Summary for Bill Number SB09-120

Date: 02/11/2009

Final
BILL SUMMARY for SB09-120

SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES

Votes: View-->	Action Taken:
Refer Senate Bill 09-120 to the Committee of the W Reverse the previous roll call vote and postpone i	FAIL Pass Without Objection

10:23 AM -- Senate Bill 09-120

Senator Mitchell introduced Senate Bill 09-120. The bill concerns the Sunset Review of the licensing program for psychiatric technicians. The bill continues the licensing of psychiatric technicians for five years, at which time, the regulation of psychiatric technicians will be repealed. Senator Boyd distributed a copy of amendment L.002 (Attachment B). Senator Boyd explained that the amendment would extend the repeal date of the licensing program for an additional year.

10:28 AM -- John Ramos, representing private psychiatric technicians, testified that private mental health care will be affected by ending the licensing program for psychiatric technicians. He stated that licensed psychiatric technicians (LPTs) are a vital resource for private mental health care programs, especially those the treat Alzheimer's patients and returning military personnel with post traumatic stress disorder. He testified that certified nurse aides (CNAs) have not had enough training to adequately perform the duties of a LPT.

10:34 AM -- Bill Ortiz, psychiatric technician and President of the Colorado Psychiatric Technicians Association, testified that psychiatric technicians have been licensed since 1967, and that the goal of licensing the profession is to ensure a qualified pool of personnel to care for patients in the state mental health facilities. He stated that Colorado has high standards for training people who care for patients with mental health needs, and they shouldn't be lowered. He stated that the mental heath facility in Pueblo will face workforce shortages in coming years, and he believes the bill will not help the situation. He spoke in favor of amendment L.002 (Attachment B).

10:38 AM -- Glenna Nickens, Colorado WINS, stated that there is already a shortage of nurses and that the bill threatens to overwhelm overworked nurses. She stated that LPTs care for a vulnerable population and patients rely on LPTs. She distributed a handout to the committee (Attachment C).

10:41 AM -- Judy Weaver, Colorado Mental Health Institute at Pueblo Community Advisory Board, relayed a number of statistics regarding the prevalence of mental illness in Colorado and nationally. She described the differences in the educational requirements for LPTs and CNAs. She stated that there are very few CNAs with medication authority in Colorado, and that CNAs are ill prepared to serve patients with complex medication needs. She asked the committee to oppose the bill. She responded to questions from Senator Newell regarding a federal court order related to forensic patients.

10:49 AM -- Bruce Harrelson, Department of Regulatory Agencies, responded to questions from Senator Carroll regarding the portion of the bill that removes a prohibition against a registered nurse delegating to another person the authority to select medications if the person is not authorized by law to select medications. He responded to an additional question from Senator Boyd regarding what would happen to the licensure of psychiatric technicians if Senate Bill 09-120 does not pass. Mr. Harrelson stated that the program is set to repeal July 1, 2010, but that the program could be extended during the 2010 session. He testified that he did not believe the bill would negatively impact psychiatric technicians.

10:54 AM -- Charlie Hebeler, Colorado Nurses Association, explained that the portion of the bill that concerns the delegation of medication administration authority affects professions other than LPTs. She explained medication protocols, and gave an example of how the protocols are used in medical facilities. He asked that the portion of the bill that removes the prohibition against delegation to select medications be removed from the bill. Senator Carroll commented, stating that particular provision does not seem to relate to the sunset of the licensure of psychiatric technicians, and that it would be better addressed as part of the sunset review of the State Board of Nursing. Ms. Hebeler responded to comments from Senator Mitchell regarding the effect of the language, stating that some parties believe that nurses may be pressured to delegate the medication administration duties when they don't feel comfortable doing so unless the prohibition remains intact.

11:02 AM

Senator Mitchell gave concluding remarks regarding the bill. He stated his belief that the bill will not reduce the supply of psychiatric technicians.


BILL:	SB09-120
TIME:	11:06:29 AM
MOVED:	Mitchell
MOTION:	Refer Senate Bill 09-120 to the Committee of the Whole. The motion failed on 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


BILL:	SB09-120
TIME:	11:07:04 AM
MOVED:	Tochtrop
MOTION:	Reverse the previous roll call vote and postpone indefinitely Senate Bill 09-120. The motion passed without objection.
SECONDED:
		VOTE
	Carroll M.	Yes
	Lundberg	No
	Mitchell	No
	Morse	Yes
	Newell	Yes
	Schultheis	No
	Tochtrop	Yes
	Boyd	Yes

Final YES: 5 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection