Approved: February 21
The meeting was called to order by Chairman Jim Morrison at 1:30 P.M. on February 20, 2006, in Room 526-S of the Capitol.
All members were present except Representative Landwehr, who was 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:
Fred Lucky, Senior Vice President, Kansas Hospital Association
Dick Allen, Mercy Regional Health Center
Linda DeCoursey, Advocacy Director, American Heart Association
Peter LeBourveau, Medical Student, University of Kansas Medical
Center
Lisa Benlon, Director of Government Relations, American Cancer
Society
Dan Morin, Director of Governmental Affairs, Kansas Medical Society
John Caporale, Wichita
John Sabatini, Walden University
Others attending:
See attached list (not available on electronic copy).
The Chair opened the hearing on
HB 2739.
Fred Lucky, Senior Vice President, Kansas Hospital Association, introduced Dick
Allen, Mercy Regional Health Center, Manhattan, who spoke as a proponent.
(Attachment 1) He said the bill expands the prohibition from smoking inside
hospitals to tobacco use on hospital property. He stated that the bill will
promote a healthy environment to patients, visitors, and staff.
Dr. Howard Rodenberg, Director, Division of Health, Kansas Department of Health
and Environment, testified in favor of the bill. (Attachment
2) He noted the negative impact of second-hand smoke, commenting on its
deleterious effect on a person’s health. He noted the role model hospitals can
serve in promoting healthy behaviors.
Linda DeCoursey, Advocacy Director, American Heart Association, spoke as a
proponent.
(Attachment 3) She commented that the Hippocratic Oath, “Do no harm,”
should be reflected on hospital property, and she noted the many toxins in
second-hand smoke.
Peter LeBourveau, Medical Student, University of Kansas Medical Center, spoke in
support of the bill.
(Attachment 4) He noted that the bill is not a statewide ban on tobacco
use, nor is it punitive, but a positive way to support health.
Lisa Benlon, Director of Government Relations, American Cancer Society, spoke as
a proponent. (Attachment
5) She commented on the exception granted for licensed long-term-care
facilities, suggesting that smoking be allowed only in areas with separate
ventilation systems.
(Attachment 6)
Dan Morin, Director of Governmental Affairs, Kansas Medical Society, testified
as a proponent.
(Attachment 7) He cited statistics regarding the toxic effects of tobacco
use, commented on a similar bill passed in Arkansas, and urged members to
support the bill.
Three individuals offered written testimony in support of the bill: Jon
Hauxwell, President, Tobacco Free Kansas Coalition
(Attachment 8); Judy Keller, Executive Director, American Lung Association
of Kansas
(Attachment 9); and Terri Roberts, Executive Director, Kansas State Nurses
Association.
(Attachment 10)
Answering a question, Melissa Hungerford, Kansas Hospital Association, said
long-term-care facilities can be exempted because they are licensed separately.
A fiscal note was provided for the committee.
(Attachment 11)
The Chair closed the hearing on HB 2739 and opened the hearing on
HB 2734.
Representative Mario Goico testified in support of the bill. (Attachment
12) He noted the value of on-line education to advance one’s education and
career.
John Caporale, Wichita, related his experience and difficulties in being
licensed after completing online education.
(Attachment 13) He cited the expanding role of online education, noting
the importance of the design of the course, not the delivery method of
instruction. He commented that about one-third of states accept credits for
licensing from Walden University.
John Sabatini, Walden University, testified as a proponent. (Attachment
14) He related the history of Walden as an exclusively online university,
noting its accreditation for post-baccalaureate and post-graduate degrees and
its acceptance by various states.
Lawrence Buening, Executive Director, Kansas Board of Healing Arts, provided
written neutral testimony.
(Attachment 15)
Mr. Sabatini responded to members’ questions, saying clinical experience is
handled by internships, that most course work is post-graduate, and continuing
education credits can be obtained through the university. Mr. Caporale replied
that the Behavioral Sciences Regulatory Board (BSRB) had a bias against online
credits and that working with BSRB to adjust rules and regulations was futile.
The Chairman referred to information about what appeared to be Mr. Caporale’s
lawsuit against BSRB; Mr. Caporale said the issue was an appeal after district
court ruled against him because of false information submitted by the BSRB. The
Chair asked for further documentation and commented that the purpose of the
committee was not to become entangled in court issues. A member commented that
any licensing authority has the right to deny a license if the subject content
is not adequately covered by course work. Mr. Caporale said that Walden
University follows the guidelines set forth by the American Psychology
Association.
Representative Goico commented on a amendment suggested by the Kansas Board of
Nursing.
(Attachment 16)
The hearing was closed.
The Chair opened discussion on bills previously heard.
Considering
HB 2649, a motion was made and seconded
to amend the bill.
(Attachment 17) Representative Bethell commented that the amendment includes
all issues noted by conferees during the hearing on the bill. The motion to
amend passed.
A motion was made and seconded to pass the bill out favorably as amended.
The motion passed.
The committee considered
HCR 5031. Representative Bethell noted that insurance companies
handing out information about not taking heroic life-sustaining measures might
be construed as a conflict of interest; a motion was made and seconded to
amend the resolution. (Attachment
18)
After discussion about who should implement the resolution, the motion to
amend passed.
The Chair ruled that the bill will be held for further consideration at a later
time.
HB 2715 was considered for passage. A member commented that the
present system seemed to be working by having a self-sustaining fee fund, that
the bill would significantly raise the costs for some companies to do business,
and that more work was needed on the bill. It was acknowledged that the
interested parties could not work out a compromise. A motion was made to
table the bill. The motion passed.
Members considered
HB 2752 for passage. A motion was made and seconded to recommend
the bill for passage; the motion carried.
Representative Bethell agreed to carry HB 2649; Representative
Colloton agreed to carry HB 2752.
The minutes for February 15 and 16, 2006, were approved.
The meeting was adjourned at 2:52 p.m. The next meeting is scheduled for Tuesday, February 21, 2006.