Approved: February 6, 2006
The meeting was called to order by Chairman Jim Morrison at 1:30 P.M. on February 2, 2006, in Room 526-S of the Capitol.
All members were present
except Representatives Landwehr and Garcia, 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:
Pam Scott, Executive Director, Kansas Funeral Directors and
Embalmers Association
Mary Mulryan,
Fiscal Administrator, Kansas Board of Emergency Services
Chris Way, President, Kansas Emergency Services Association
Debra Billingsley, Executive Director, Kansas Board of Pharmacy
Stanley Langhofer, Nurse Administrator, Kansas Dialysis Services
Others attending:
See attached list.
The Chairman reminded members that today is the final day for
introduction of committee bills. Representative Kirk requested introduction of
a committee bill that would regulate clinics and facilities where office-based
surgeries and special procedures are performed. The motion passed.
Pam Scott, Executive Director, Kansas Funeral Directors and Embalmers
Association, requested the committee sponsor a bill to amend K.S.A. 16-304
to eliminate the waiting requirement before funds can be paid out of a
pre-arranged funeral agreement account held by a financial institution. (Attachment
1) The motion was passed.
The Chair opened the hearing on
SB 263.
Mary Mulryan, Fiscal Administrator, Kansas Board of Emergency Services, stated
that the board was neutral on the bill and has always had an administrator on
the board even without the statute. (Attachment
2) She noted that the original bill in the Senate increased membership
from 13 to 15 members with two administrators required to be on the board;
however, the Senate amended the bill to retain the original 13-member board with
the stipulation that at least one of the three members actively involved in
emergency medical service shall be an administrator for an ambulance service.
She stated that retaining the original number removes the fiscal impact of the
bill, adding that public input has always been a part of board meetings.
Chris Way, President, Kansas Emergency Services Association, commented that the
association had no objection to the bill as it is presently drafted and amended.
A fiscal note
(Attachment 3) and a supplemental note
(Attachment 4) were made available to the committee.
The Chair closed the hearing.
The Chair opened the hearing on
HB 2678.
Debra Billingsley, Executive Director, Kansas Board of Pharmacy, reminded the
committee about HB 2225 from the 2005 session, which deleted the
section that is now a separate bill. (Attachment
5) She listed those entities presently licensed by the Board of Pharmacy,
which, besides retail pharmacies, include a variety of institutions and
services—nearly all those involved in distribution of prescription drugs—noting
that the board does not license federally funded entities or physician-owned
clinics. She expressed concern regarding accountability for drug diversion and
counterfeiting issues, expressing the hope that, if the Kansas Department of
Health and Environment (KDHE) regulates dialysis clinics, the bill will contain
language to absolve the Board of Pharmacy. Answering a question, she said the
bill as presently drafted will resolve her concerns.
Stanley Langhofer, Nurse Administrator, Kansas Dialysis Services, spoke as a
proponent. (Attachment
6) He replied to a question posed to Ms. Billingsley that dialysis clinics
are certified by Medicare, licensed and inspected by KHDE, and exercise rigorous
control of drugs. He observed that there are 1800 dialysis patients in Kansas
served by 42 facilities, noting that Medicare is the primary payer for
patients. He said all clinics have a medical director and follow a
multi-disciplinary model of care. Citing the history of the bill, he said in
1998 the Kansas legislature passed K.S.A. 65-1661 requiring
Medicare-approved renal dialysis facilities in Kansas to be supervised by a
pharmacist consultant; however, the Board of Pharmacy has never provided
regulations to implement the law nor have they taken steps to enforce it. Also
he said that this extra layer of bureaucracy tends to limit access to health
care, since the added expense creates a barrier by increasing costs to patients
and limiting expansion of dialysis providers.
A fiscal note was provided for the bill. (Attachment
7)
The hearing was closed.
The minutes for 2-1-06 were approved.
The meeting was adjourned at 2:07 p.m. The next meeting is scheduled for
Monday, February 6, 2006.