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S_FIN_2020A 05/28/2020 11:24:07 AM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON FINANCE
Date 05/28/2020
Attendance
Lundeen *
Rodriguez X
Tate X
Todd X
Woodward *
Moreno X
Gonzales X
Time 11:24:07 AM to 11:56:06 AM
Place SCR 357
This Meeting was called to order by Senator Gonzales
This Report was prepared by Elizabeth Haskell
Hearing Items Action Taken
SB20-197 Referred to Senate Appropriations
HB20-1206 Referred to Senate Appropriations
HB20-1183 Referred to Senate Appropriations
HB20-1216 Referred to Senate Appropriations
HB20-1230 Referred to Senate Appropriations
HB20-1210 Referred to Senate Appropriations

X = Present, E = Excused, A = Absent, * = Present after roll call

SB20-197 - Referred to Senate Appropriations


11:24:41 AM  

Senator Marble, bill sponsor, presented Senate Bill 20-197.  This bill aligns Colorado's industrial hemp program statutes with federal hemp law. These changes include:

  • new and modified definitions;
  • changes to the size and appointing authorities for the renamed Industrial Hemp Advisory Committee;
  • eliminating statutory authority for the research and development cultivation of hemp, but allowing the Commissioner of Agriculture to establish registration and waiver requirements for the research and development cultivation of hemp;
  • requiring that fingerprint-based criminal history record checks be submitted with applications for registrations;
  • establishing a registration and certification program for authorized samplers to collect and handle industrial hemp samples;
  • requiring the testing of 100 percent of hemp lots planted each year;
  • expanding record-keeping requirements for industrial hemp registrants;
  • specifying unlawful acts and establishing civil penalties of up to $2,000 per violation per day; and
  • authorizing the commissioner to administer oaths, take statements, and issue subpoenas.
11:27:37 AM  

There was no in-person testimony for the bill.  The following individuals submitted written testimony (Attachment A):

Jaclyn Bowen, Clean Label Project, requested amendments.

Kyle Speidell, representing himself, requested amendments.



11:28:28 AM
Motion Refer Senate Bill 20-197 to the Committee on Appropriations.
Moved Todd
Seconded
Lundeen Yes
Rodriguez Yes
Tate Yes
Todd Yes
Woodward Yes
Moreno Yes
Gonzales Yes
Final YES: 7   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB20-1206 - Referred to Senate Appropriations


11:28:40 AM  

Senators Winter and Tate, bill sponsors, presented House Bill 20-1206.  The bill continues the regulation of mental health professionals, including psychologists, social workers, professional counselors, marriage and family therapists, registered psychotherapists, and addiction counselors, for nine years, through 2029.  The bill also implements regulatory changes based on the recommendations of the sunset report.  These changes include:

  • allowing the staff of a mental health board to approve applications for licensure, certification, and registration without board ratification unless the board deems ratification necessary;
  • requiring mental health professionals to disclose to clients that medical records may not be maintained after seven years;
  • expanding the number of mental health professions covered by title protection;
  • making conviction of a crime related to a mental health practice and the failure to report a felony conviction a violation of the mental health practice acts;
  • permitting the appropriate regulatory board to suspend a mental health professional's license, certification, or registration for failure to comply with a board-ordered mental or physical health examination;
  • repealing the requirement that a candidate for a social work license be supervised by a licensed social worker and allowing supervision of an applicant for a social work license to be done virtually;
  • requiring applicants for initial psychology licensure to complete a criminal history record check;
  • repealing the requirement that members of mental health boards be United States citizens;
  • granting rule-making authority to the State Board of Addiction Counselor Examiners; and
  • requiring the State Board of Human Services in the Department of Human Services to establish education requirements for addiction counselors.



The bill also clarifies that:

  • mental health professionals may administer opiate antagonists;
  • students practicing in a school program are exempt from licensing, certification, and registration requirements;
  • mental health professionals are not prohibited from offering or accepting payment for services provided from a referral;
  • mental health professionals may disclose confidential communications if there is a threat to a school or its employees; and
  • course work is the only professional competency activity that fulfills all continuing competency requirements for licensed social workers and licensed clinical social workers.
11:33:11 AM  

Heather McLaughlin, National Association of Social Workers Colorado Chapter, testified in support of the bill.

11:36:15 AM  

Jeannie Vanderburg, Colorado Psychological Association, testified in support of the bill.

11:38:49 AM  

Jeff Thormodsgaard, Licensed Marriage and Family Therapist, Colorado Association of Addiction Counselors, and Licensed Professional Counselors, testified in support of the bill.

11:38:50 AM  

The following individuals submitted written testimony (Attachment B):

Sue Relihan, representing herself, requested amendments.

Elizabeth Kendrick, representing herself, requested amendments.



11:40:35 AM
Motion Refer House Bill 20-1206 to the Committee on Appropriations.
Moved Tate
Seconded
Lundeen Yes
Rodriguez Yes
Tate Yes
Todd Yes
Woodward Yes
Moreno Yes
Gonzales Yes
Final YES: 7   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB20-1183 - Referred to Senate Appropriations


11:40:43 AM  

Senator Ginal, bill sponsor, presented House Bill 20-1183. This bill extends the regulation of nurse aides until September 1, 2027, and makes the following changes:

  • relocates provisions related to certified nurse aides to the Nurse Practice Act;
  • modifies the grounds for discipline related to excessive use of alcohol and drugs;
  • changes the waiting period for recertification after a certificate is revoked to two years;
  • repeals the requirement that the State Board of Nurses send notifications of action taken by certified mail; and
  • clarifies that the regulation of certified nurse aides does not apply to a person directly employed by a medical facility for the first four months, if the employment is part of an approved training program and the certification is not through endorsement.
11:43:51 AM  

There was no in-person or written testimony submitted for this bill.



11:45:14 AM
Motion Refer House Bill 20-1183 to the Committee on Appropriations.
Moved Todd
Seconded
Lundeen Excused
Rodriguez Yes
Tate Yes
Todd Yes
Woodward No
Moreno Yes
Gonzales Yes
Final YES: 5   NO: 1   EXC: 1   ABS:  0   FINAL ACTION:  PASS



HB20-1216 - Referred to Senate Appropriations


11:45:22 AM  

Senator Ginal, bill sponsor, presented House Bill 20-1216. The bill extends the repeal date of the State Board of Nursing within the Department of Regulatory Agencies (DORA), which regulates nurses, until September 1, 2027, and makes the following changes: 

  • allows nurses to enter into confidential agreement with the Board to limit their practice;
  • modifies the grounds for discipline related to alcohol and drug use, diverting controlled substances, failing to report certain actions to the Board, failing to act within the limitations created by a physical or mental illness, failing to comply to limitations agreed to under a confidential agreement, and engaging in a sexual act with a patient during the course of care or within six months of care;
  • requires malpractice insurance companies to send information to the Board related to any malpractice claims against a licensed nurse;
  • eliminates the requirement for an articulated plan for advance practice registered nurses who have completed the provisional prescriptive authority period;
  • allows, instead of require, the Board to conduct random audits of articulated plans;
  • changes and updates references to Advanced Practice Nurse and A.P.N. to Advanced Practice Registered Nurse or A.P.R.N.;
  • removes the age requirement to apply for a volunteer nursing license;
  • removes the requirement that the director of DORA consult with the Board when appointing an executive administrator and that one member of the Board serve on a panel to interview candidates for the position; and
  • makes other technical changes and removes obsolete references.
11:48:37 AM  

Colleen Casper, Colorado Nurses Association, testified in support of the bill.

 

There was no written testimony submitted for this bill.



11:51:29 AM
Motion Refer House Bill 20-1216 to the Committee on Appropriations.
Moved Todd
Seconded
Lundeen Excused
Rodriguez Yes
Tate Yes
Todd Yes
Woodward Yes
Moreno Yes
Gonzales Yes
Final YES: 6   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



HB20-1230 - Referred to Senate Appropriations


11:51:37 AM  

Senator Fields, bill sponsor, presented House Bill 20-1230.  This bill continues the licensing of occupational therapists and assistants until September 1, 2030, and makes the following changes:

  • adds occupational therapy consultant and occupational therapy assistant to the list of titles a person can use if they are licensed in the state and allows occupational therapy assistants to use the abbreviation O.T.A. or C.O.T.A.;
  • clarifies that the law does not restrict the activities of a person fulfilling an occupational therapy doctoral capstone experience under appropriate supervision;
  • adds failing to make essential or falsifying entries on a patent record, committing abuse of health insurance, and committing a fraudulent insurance act to the grounds of discipline;
  • adds additional definitions concerning the scope of practice for occupational therapists; and
  • reorganizes sections of statute and makes other technical changes.
11:51:38 AM  

There was no in-person testimony for this bill.

 

The following individuals submitted written testimony (Attachment C):

Bailey LeBoeuf Johnson, Occupational Therapy Association of Colorado, testified in support of the bill.

Pam DiPasquale-Lehnerz, Occupational Therapy Association of Colorado, testified in support of the bill.



11:53:42 AM
Motion Refer House Bill 20-1230 to the Committee on Appropriations.
Moved Todd
Seconded
Lundeen Excused
Rodriguez Yes
Tate Yes
Todd Yes
Woodward Yes
Moreno Yes
Gonzales Yes
Final YES: 6   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



HB20-1210 - Referred to Senate Appropriations


11:53:54 AM  

Senator Fields, bill sponsor, presented House Bill 20-1210.  This bill extends the repeal of the State Board of Chiropractic Examiners and the regulation of chiropractors until September 1, 2029. The bill also makes the following changes:

  • removes the requirement that a board member be a United States citizen;
  • removes the requirement that an applicant pass the National Board of Chiropractic Examiners exam and allows the state board to determine the appropriate exam;
  • changes the continuing education requirement from 15 hours to 30 hours every 2 years;
  • modifies grounds for discipline related to drug and alcohol use, failing to notify the board of any illness that makes the chiropractor unable to render services with reasonable skill and safety, failing to act within the limitations of a physical or mental condition, and failing to comply with limitations agreed under a confidential agreement;
  • allows chiropractors to enter into confidential agreements with the Board to limit their practices; and
  • allows a chiropractic student to perform chiropractic services if the student is in a course of instruction and a Board-approved school and has the signed written consent from the patient.
11:54:43 AM  

There was no in-person or written testimony submitted for this bill.



11:55:45 AM
Motion Refer House Bill 20-1210 to the Committee on Appropriations.
Moved Moreno
Seconded
Lundeen Excused
Rodriguez Yes
Tate Yes
Todd Excused
Woodward No
Moreno Yes
Gonzales Yes
Final YES: 4   NO: 1   EXC: 2   ABS:  0   FINAL ACTION:  PASS


11:56:06 AM   The committee adjourned.