Approved: March 9, 2006
The meeting was called to order by Acting Chairperson Representative Willa DeCastro at 1:30 P.M. on March 2, 2006 in Room 526-S of the Capitol.
All members were present except Representatives Landwehr, Morrison, Goico, Mast, and Garcia, all of whom were excused.
Committee staff present:
Conferees appearing before the committee:
Mary Blubaugh, Executive Administrator, Kansas State Board of Nursing
Martha Butler, Nursing Director, Southwest College
Joan Felts, Chair, Kansas Committee for Nursing Education and Practice
Susan Ebertowski, Chief Nursing Officer, Wesley Medical Center, Wichita
Geraldine Tyrell, President, Bethel College Chapter, Kansas Association of
Nursing Students
Shirley Ulrich, Chief Nursing Officer, Coffey County Hospital
Hannah Clouse, Nursing Student, Wichita State University
Diane Glynn, Practice Specialist, Kansas State Board of Nursing
Susan Bumstead, Legislative Chair, Kansas State Nurses Association
Others attending:
See attached list (not available on electronic copy).
The minutes for March 1 were approved.
The Chair opened the hearing on
HB 2813.
Mary Blubaugh, Executive Administrator, Kansas State Board
of Nursing, spoke in support of the bill.
(Attachment 1) She commented that the bill promotes better health care in
Kansas, noting that 15% of nursing students do not pass the board examination;
allowing ill-prepared nurses to practice is not good health policy. She stated
that because the exam can be taken electronically and results received almost
immediately, the 120-day period is now irrelevant. She requested that the bill
be amended to become effective December 1, 2006.
Martha Butler, Nursing Director, Southwest College, representing Kansas
Association of Colleges of Nursing, testified as a proponent. (Attachment
2) She said eliminating the 120-day delay before licensing nurses
increases the competency level for patient care.
Joan Felts, Chair, Kansas Committee for Nursing Education and Practice,
spoke in support of the bill.
(Attachment 3) She stated that the bill is in the best interest of
graduating nurses as well as of patients.
Susan Ebertowski, Chief Nursing Officer, Wesley Medical Center, Wichita,
testified as a proponent.
(Attachment 4) She listed important considerations in support of the bill:
patient safety, failure rates of graduating nurses, and costs to the institution
for contingent hiring of nurses who do not pass the examination.
Geraldine Tyrell, President, Bethel College Chapter, Kansas Association of
Nursing Students, spoke in support of the bill. (Attachment
5) She said her nurse training emphasized competency; by eliminating the
exception, students will take the examination sooner, increasing their chances
of passing. She observed that although the GN (Graduate Nurse) program is good
in theory, in practice the limited supervision of GNs fails to increase
competency.
Shirley Ulrich, Chief Nursing Officer, Coffey County Hospital, testified in
favor of the bill. (Attachment
6) She said small rural hospitals cannot afford to hire nursing staff,
train them, and then have them fail the board examination; hired nurses who fail
the test not only impact the hospital negatively, but the student as well.
Noting that many professions require an examination before a person is allowed
to practice, she urged members to pass the bill.
Two proponents submitted written testimony: Judy Stroot, Vice President of
Nursing, Via Christi Regional Medical Center, St. Francis Campus,
(Attachment 7) and Karen Gibson, Vice President of Nursing, Via Christi
Regional Medical Center, Wichita.
(Attachment 8)
Hannah Clouse and David Overton, representing nursing students at University of
Kansas, Pittsburg State University, Washburn University, and Wichita State
University, spoke in opposition to the bill. (Attachment
9) They said students whom they represent have expressed support for the
present GN status, and they listed the values of on-the-job training, which
develop critical thinking and expand nursing knowledge.
The Chair noted other letters of opposition.
(Attachment 10)
Members queried conferees. Ms. Ebertowski said the 15% failure rate does
not indicate a dumbing down of nurse training, but the increased expectations of
quality health care reflected in the test. She said in practice the 120-day
grace period does not allow students to prepare for the exam, since they are
more preoccupied with learning hospital procedures. Ms. Blubaugh said nurse
license applications are accepted immediately after graduation and the
transcripts arrive within 2 weeks of graduation; since the test results are
available immediately, there is little time lapse before a graduate nurse can
obtain a position.
The hearing was closed.
The Chair opened the hearing on
HB 2852 and
HB 2853.
Diane Glynn, Practice Specialist, Kansas State Board of Nursing, spoke as a
proponent for both bills. (Attachment
11 and
Attachment 12) She said the bill requires applicants to submit to
fingerprinting and criminal background checks to be licensed by the Kansas Board
of Nursing, noting that the Board is responsible to protect the citizens of
Kansas. She cited examples of applicants who misrepresented themselves and
background checks revealed serious criminal problems. She referenced a Council
of State Governments resolution supporting the bill. (Attachment
13) She requested the bill be amended to allow the Board to set a fee
commensurate with the costs of fingerprinting and background checks.
The Chair noted that David Sim, Special Agent in charge of Criminal History
Records Section, Kansas Bureau of Investigation, had submitted testimony as a
proponent and was available for questions. (Attachment
14 and
Attachment 15)
Susan Bumstead, State Legislative Chair, Kansas State Nurses Association, spoke
as an opponent of HB 2853. (Attachment
16) She reviewed ways the Association has cooperated with the Board of
Nursing, noting the existing statute prohibiting licensure for felony
convictions
(Attachment 17) and commenting that the Association has no objection to
criminal conviction data or fingerprint identification. However, she said
including arrests, juvenile records, and expungements in the bill create
stipulations that could result in unjust denial of an application. She
recommended the committee amend the bill by deleting the new language (lines
18/30-31) regarding arrests, juvenile records and expungements;
(Attachment 18) and clarifying what information the Board can release. (See
Attorney General’s opinion,
Attachment 19)
A fiscal note was provided for members on both bills. (Attachment
20 and
Attachment 21)
The Chair closed the hearing.
Staff Melissa Calderwood briefed the committee on
HB 2396, saying the bill enacts new law by establishing procedures
for public college students to give evidence of meningococcal vaccinations, the
college institutions being required to maintain such records for students
residing in on-campus housing. Answering a question, Ms. Calderwood said there
was a provision in the bill for a student to opt out of providing such
information. She noted a United States map showing vaccination mandates (Attachment
22) and commented that the bill received a hearing from the committee last
session on March 16, 2005.
The meeting was adjourned at 2:35 p.m. The next meeting is scheduled for
Monday, March 6, 2006.