Approved:  March 14, 2006    

Minutes of the House Health and Services Committee

The meeting was called to order by Chairman Jim Morrison at 1:30 P.M. on March 13, 2006, in Room 526-S of the Capitol.

All members were present except Representatives Kelley, Watkins, Kilpatrick, Landwehr, and Bethell, all 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:

Jack Alexander, State Fire Marshal
Chad Austin, Vice President, Government Affairs, Kansas Hospital Association
Phyllis Kelly, Executive Director, Kansas Adult Care Executives Association
Debra Zehr, Executive Vice President, Kansas Association of Homes and Services for the Aging

Others attending:
See attached list (not available on electronic copy).

The Chair opened the hearing on HB 2977.

Jack Alexander, State Fire Marshal, appearing as a proponent, said he recognized the need for the bill and could see the merits expressed in it.   (Attachment 1)   However, he said the bill requires resources beyond present funding, and, together with a group of similar bills, would require additional funds of $500,000.  He recommended an interim study to integrate the requirements of the bills.  Answering a question, he said the bills referred to are HB 2974, HB 2975, HB 2976, and HB 2977, noting that the bills were introduced as a package.   When Mr. Alexander replied that his staff regularly provides training statewide, a member suggested that he include other interested parties in the training, thus obviating the need for additional costs or staff.

Chad Austin, Vice President, Government Affairs, Kansas Hospital Association, testified as a proponent. (Attachment 2)   He said implementation of the 2000 Life Safety Code brought stricter standards, and the Centers for Medicare and Medicaid Services (CMS) were requiring more stringent inspections; thus, the bill will serve as an impetus to ensure hospitals are kept up-to-date on the complexities of the new codes.  He noted that the Association conducts an annual education/information seminar jointly with the Fire Marshal’s Office and CMS staff.

Phyllis Kelly, Executive Director, Kansas Adult Care Executives Association, spoke in favor of the bill.  (Attachment 3)   She said her association, Kansas Association of Homes and Services for the Aging, and the Kansas Health Care Association jointly sponsor an educational seminar with the Kansas Department on Aging (KDOA) two times a year, the cost being underwritten by the providers; she noted that the Fire Marshal’s Office could be included in these seminars, providing an invaluable venue for information to interested parties statewide.  She encouraged members to support the bill. 

Debra Zehr, Executive Vice President, Kansas Association of Homes and Services for the Aging, testified in support of the bill.  (Attachment 4)   Giving background, she said the adoption of the 2000 Life Safety code has created major changes in the 1985 safety code, requiring significant adjustments, much frustration, and increased expense during the past two years.  Commenting that the new code helped KDOA to update agency policies, she hoped this bill would help initiate changes for the State Fire Marshal’s Office.  Answering questions, Ms. Zehr said an interim study would delay implementation.  She replied that much of what the bill attempts to do was accomplished at KDOA without legislation.  

Mr. Alexander commented that the word “shall” created an obligation that could prove onerous to his office.

A fiscal note was provided for members.  (Attachment 5)

The hearing was closed. 

Staff Mary Galligan gave a briefing on SB 469.   She said the bill, which creates a new statute known as the Behavioral Sciences Licensing and Prevention Act and creates a mechanism for the Behavioral Sciences Regulatory Board (BSRB) to deal with impaired providers, was amended significantly by the Senate.  She stated that the bill authorizes any person who has information relating to a reportable incident to file a complaint with the Board; it also authorizes the Board to investigate a complaint, to refer a licensee for treatment, to take disciplinary action (deny, revoke, limit, condition, or suspend a license) based on the treatment report.

Staff Melissa Calderwood briefed the committee on SB 470, which amends current law regarding temporary licenses issued by the BSRB for four master-level professions regulated by the Board: licensed professional counselor, clinical-level social worker, licensed marriage and family therapist, and licensed masters-level psychologist.  Noting that the Senate made significant amendments to the bill, she said the licensed professionals would be allowed one temporary license while preparing to take the licensing examination; when it expired, it could not be renewed, the expiration length extending from 6 months to 24 months, depending on the profession.  Answering a question, she said the temporary license fee could be no more than $150, but other licensing fees were not addressed in the bill.

The minutes for March 9, 2006, were approved.

The meeting was adjourned at 2:21 p.m.  The next meeting is scheduled for Tuesday, March 14, 2006.