Approved:            February 1, 2006      

                                                                                                                                         Date

MINUTES OF THE HOUSE HEALTH AND HUMAN SERVICES COMMITTEE

The meeting was called to order by Chairman Jim Morrison at 1:30 P.M. on January 31, 2006, in Room 526-S of the Capitol.

All members were present except Representatives Trimmer and Kilpatrick, both of whom were excused.

Committee staff present:
    Melissa Calderwood, Kansas Legislative Research Department
    Mary Galligan, Kansas Legislative Research Department
    Renae Jefferies, Revisor of Statutes’ Office
    Gary Deeter, Committee Secretary

 Conferees appearing before the committee:
    Representative Nancy Kirk
    Sky Westerlund, Executive Director, Kansas Chapter, National Association of Social Workers
    Phyllis Gilmore, Executive Director, Behavioral Sciences Regulatory Board
    Ron Hein, Mental Health Credentialing Coalition     

Others attending:
    See attached list.

 The minutes for 1-30-2006 were approved. 

 The Chair opened the meeting for bill introductions. 

 Dr. Sarah Johnston, Wichita, requested the committee sponsor a bill addressing what she called a recent medical advance dealing with emergency contraception, which would reduce abortions and unintended pregnancies. (Attachment 1)   By motion, second and vote the committee agreed to sponsor the bill.

 The Chair requested a bill that would allow rest room access in public buildings that have employee but not public rest rooms.  The committee agreed to introduce the bill as a committee bill.

 Representative Watkins asked the committee to sponsor a resolution that would call on the State Board of Education to require schools to include physical education classes in grades K-12.  The committee voted to sponsor the resolution.

 Representative Watkins requested the committee sponsor a bill regulating medical facilities, specifically abortion facilities, noting that the committee passed out a similar bill in 2005.  By motion, second, and positive vote, the committee concurred.

 Representative Colloton requested a bill that would make public schools smoke-free, extending the smoke-free zone to all school property.  The committee agreed and passed the motion.

 Representative Hill requested the introduction of four bills as committee bills: the first regarding K.S.A. 65-1635a replacing the words American Council on Pharmaceutical Education with Accreditation Council for Pharmacy; the second changing K.S.A. 65-1663 allowing pharmacy technicians be registered within 30 days of their hire; the third amending K.S.A. 65-1648 to allow hospice nurses to carry an emergency medical kit; and the fourth permitting pharmacy interns to transfer prescriptions under the supervision of pharmacist.  Upon later reflection, Representative Hill requested that the fourth item be withdrawn as unnecessary.   By motion, second, and majority vote the committee agreed to sponsor the bills requested.

 The Chair opened the hearing on HB 2660.

Representative Nancy Kirk, who originally introduced the bill, said the social work profession was under-represented on the Behavioral Sciences Regulatory Board.  (Attachment 2)   She noted that the 5000-plus social workers under the board’s jurisdiction were represented by only two board members and that increasing representation to a total of 6 would more accurately reflect the composition of those regulated by the board.  She also commented that, because of the wide range of services provided by social workers, widening the representation of social workers on the board would provide a better perspective for the board, which, as it is now constituted, reflects a primary focus on mental health.

Sky Westerlund, Executive Director, Kansas Chapter, National Association of Social Workers, also spoke as a proponent of the bill.  (Attachment 3)   She stated that social workers comprise 66% of those regulated by the BSRB, a disproportionate representation with only two board members.  She observed that social workers provide a wide range of services, whereas the BSRB has a narrow focus on mental health, a focus which limits the voice of social workers on the board in protecting the public.

Phyllis Gilmore, Executive Director, Behavioral Sciences Regulatory Board, commenting that the board had not yet met so was unable to render any judgment on the bill; she considered her testimony as neutral.   (Attachment 4)  She outlined the eleven-member composition of the board, which regulates five professions:  4 public members, one marriage and family therapy member, two psychology members, a masters-level psychology member, a professional counselor member, and 2 social work members.   She said the bill would result in a major policy shift in the board were it to become law, stating that she would welcome further dialogue with social workers.

Ron Hein, representing the Mental Health Credentialing Coalition, spoke as an opponent to the bill.  (Attachment 5)   He stated that the coalition was formed to obviate turf battles, to encourage collaboration, and to emphasize a multi-disciplinary approach.  He observed that if the bill were to pass, the board would be less likely to represent the public interest, but rather represent the interests of one provider group, stating that the BSRB was designed to regulate, not represent, the licensees.

Two persons provided written testimony in opposition to the bill:  Michael Hammond, Executive Director, Association of Community Mental Health Centers of Kansas, (Attachment 6) and  David Hill, Legislative Committee, Kansas Psychological Association.  (Attachment 7)

Members asked numerous questions, which were answered thus:

• Ms. Westerlund said board members were appointed by the governor after having received recommendations from associations or applications from interested individuals;
• Ms. Gilmore said the present board exhibits excellent cohesion and has a notable absence of dissension;
• Ms. Gilmore replied that the fiscal impact of the bill would result in an additional $18,000 expense to the board; she noted that the board is supported solely be fees;
• Ms. Gilmore stated that a five-member committee reviews complaints and handles disciplinary action.  The committee always has at least two public members, one psychologist, and one social worker.  She noted that the board came into existence when the legislature united the separate boards of social workers and psychologists;
• Ms. Westerlund replied that some issues could have been settled within the board (She cited a confidentiality reform bill and a significant fee increase as examples.) had there been a better representation of social workers;
• Mr. Hein replied that previous administrations had requested recommendations from him as potential board members.

The Chair closed the hearing on HB 2660.

Staff Mary Galligan briefed the committee on HB 2649, which would create a pain patient’s bill of rights, allowing patients to participate in treatment decisions and authorize physicians to prescribe medically necessary opiates to relieve pain.  She stated that the bill would amend current law to clarify the standard for violation of the criminal law against assisted suicide and the standard for determining professional incompetency for physicians regarding prescribing drugs. 

The meeting was adjourned at 3:00 p.m.  The next meeting is scheduled for Wednesday, February 1, in Room 526-S.