Approved:
The meeting was called to order by Chairman Jim Morrison at 1:30 P.M. on February 21, 2006, in Room 526-S of the Capitol.
All members were present
except Representatives Watkins and Kilpatrick.
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:
Howard Rodenberg, Director, Division of Health, Kansas Department of
Health and Environment
Joaquin Sumaya, Chair, Kansas Hispanic and Latino American Affairs
Commission
Kerrie Bacon, Legislative Liaison, Kansas Commission on Disability
Leonard Hall, President, Kansas Association of the Deaf
Chad Austin, Vice President, Government Relations, Kansas Hospital
Association
Others attending:
See attached sheet (not available on electronic copy).
The Chair opened discussion on
HB 2739, which had a hearing on February
20.
Representative Bethell commented that the stringencies of the bill may add
stress to individuals already under stress. He made a motion to amend the
bill (page 1, line 27) to change the word well-ventilated to
separately ventilated. The motion was seconded. Discussion focused on
the meaning of ventilated and the evidence from a conferee that no
ventilating system can remove all tobacco smoke from a room.
Representative Kirk offered a substitute amendment requiring all adult-care
facilities to be included with hospitals under the bill’s provisions, since
the state of Kansas (through Medicaid) pays 50% of adult-care costs. The
motion was seconded. Discussion included comments that making changes
through rules and regulations would better serve citizens than blanket
mandates. A member noted long-term-care facilities also have residents paying
their own way and who deserve more latitude regarding smoking. Another
commented that veterans in long-term-care were introduced to tobacco by
government, which may now forbid its use. Another member said banning smoking
would free up staff time, since staff often need to accompany resident smokers.
The motion to amend failed.
Further discussion on the Bethell amendment noted that a facility need not
create a new ventilating system, but could simply increase air pressure in a
room to ventilate it separately. The motion to amend failed.
A motion was made to table the bill. The motion failed 7-10.
A motion was made and seconded to accept the Revisor’s technical amendment to
the bill. (See
Attachment 1) The motion passed.
A motion was made and seconded to recommend the bill as favorable for
passage. The motion passed. Representative Flaharty volunteered to
carry the bill.
Members considered
HB 2734, which had a hearing on February 20.
The Chair stated that the information about Mr. Caporale’s lawsuit has no
effect on the merits of the bill.
A motion was made and seconded to amend the bill. (See
Attachment 2) The motion to amend passed. Discussion centered on a
credentialing agency’s current authority to accept or deny credits, whether or
not a bias presently exists against online courses with credentialing agencies,
and comments that the bill may be trying to fix something that isn’t broken.
A motion to table consideration of the bill passed 13-4.
The Chair opened the hearing on
HB 2825 and referenced a fiscal note for the bill.
(Attachment 3)
Representative Delia Garcia spoke as a proponent for the bill,
(Attachment 4) referencing information from
Attachment 5, and noting the national standards of practice for
interpreters, which can serve as a guide to the advisory board.
(Attachment 6) She stated that the Wichita school system recognizes 69
distinct languages and dialects and that her work with Healthy Kansans 2010
highlighted the need for minority health services. She said that the bill will
provide a framework to minimize medical errors and enhance health care in
Kansas.
Howard Rodenberg, Director, Division of Health, Kansas Department of Health and
Environment (KDHE), testified in favor of the bill; acknowledging the diversity
in Kansas, he said the bill establishes a mechanism that will create a database
to increase access to health care and reduce health disparities in the state. (Attachment
7) His caveat was that being listed in the database should not be
considered an endorsement by KDHE, nor should the database supersede other
relationships or be considered a sole source for interpreters. Rather the
database will offer resources for those who need them.
Joaquin Sumaya, Chair, Kansas Hispanic and Latino American Affairs Commission,
testified as a proponent, saying that the bill sets standards for those who
provide translation services, making the services available for any business,
community agency, or other organization.
(Attachment 8)
Kerrie Bacon, Legislative Liaison, Kansas Commission on Disability, gave a
qualified endorsement for the bill. (Attachment
9) She listed several concerns regarding Kansas Commission for the Deaf and
Hard of Hearing and details of certification, offering an amendment to the bill.
(Attachment 10)
Leonard Hall, President, Kansas Association of the Deaf, offered limited
opposition to the proposed statute. (Attachment
11) He urged members to differentiate between foreign language interpreters
and interpreters for the deaf, since the latter already have statutory
standing.
Chad Austin, Vice President, Government Relations, Kansas Hospital Association,
spoke in opposition to the bill. (Attachment
12) He commented that as the bill stands, the language appears to
mandate interpreters to be registered, and he questioned that present contracts
between organizations and interpreters might be in conflict with the bill were
it to become law. He further questioned whether adopting a registry list might
create the perception of a limited pool of interpreters.
The following written testimony was received in support of the bill:
Gabriela Flores, Executive Committee Member, Foreign Language Interpreter
Consortium of Kansas Association of Interpreters,
(Attachment 13) and Chair, Health and Social Services Committee, Coalition
of Hispanic Organizations
(Attachment 14);
Nancy Jorn, Director of Maternal Child Health Field Services, Lawrence-Douglas
County Health Department
(Attachment 15);
Kyle Kessler, Director of Legislative and Media Affairs, Kansas Department of
Social and Rehabilitation Services
(Attachment 16); and
further letters of support.
(Attachment 17)
The Chair closed the hearing and invited members to consider discussing the
bill.
A member commented that the bill covers a wide area of standards that seem
beyond KDHE’s mission. Answering a question, Dr. Rodenberg said that KDHE
endorses the bill. Edwin Galan, with the U.S. Surgeon General’s office,
responded to a question, outlining federal support for the bill, noting its
importance as a civil rights measure and listing the values of health care
associated with passage of the bill.
Representative Garcia offered a motion for a substitute bill, which was
seconded. (Attachment
18) She said the substitute bill will clarify that the database is
voluntary, not mandated, that the advisory board will set standards but not
regulate, and that the bill complies with Title VI. Answering a question, she
said the bill differentiates between foreign-language interpreters and
sign-language interpreters. Dr. Rodenberg replied that the bill will indirectly
save money by providing better preventive care.
The motion to adopt the substitute bill passed.
Representative Garcia made a motion to amend the substitute bill by
including the Executive Director of the Commission for the Deaf and Hard of
Hearing on the board. The motion was seconded and passed.
A motion was made, seconded, and passed to recommend the bill as amended
favorable for passage.
The Chair opened the hearing on
HB 2830 and HB 2831. A fiscal note was included for
members. (Attachment
19) Representative Hill briefly explained that the purpose of the bill was
to allow a newly hired pharmacy technician up to 30 days before requiring the
person to take the exam for registration. He also noted the bill requires a
supermajority of the Board of Pharmacy to change the pharmacist/technician
ratio. A motion was made, seconded, and passed to recommend the bill
favorable for passage.
Representative Hill commented that
HB 2831 amends KSA 65-1635a to recognize the name
change of the approval organization to Accreditation Council for Pharmacy. A
fiscal note was included with the bill.
(Attachment 20) A motion was made, seconded and passed to recommend the
bill favorable for passage. Representative Hill volunteered to carry both
bills.
The minutes for February 20 were approved.
The meeting was adjourned at 3:07 p.m. The next meeting is scheduled for Wednesday, March 1, 2006.