Approved: March 15, 2006
The meeting was called to order by Chairman Jim Morrison at 1:30 P.M. on March 14, 2006, in Room 526-S of the Capitol.
All members were present except Representatives Landwehr, Bethell, Watkins, Colloton, 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:
Richard Maxfield, Licensed
Psychologist, Behavioral Sciences Regulatory Board Member
Sky Westerlund, Executive Director, Kansas Chapter, National Association of
Social Workers
Mike Donnelly, Director of Policy and Outreach, Disability Rights Center of
Kansas
Phyllis Gilmore, Executive Director, Behavioral Sciences Regulatory Board
Others attending:
See attached list (not available on electronic copy).
The Chair opened the hearing on
SB 469.
Richard Maxfield, Licensed Psychologist and Behavioral Sciences Regulatory
Board Member, testified as a proponent for the bill. (Attachment
1) He noted that the Kansas Psychological Association also supported the
bill. He said the bill enables the Board to offer not only a punitive response
to an impaired professional, but also to provide diversion into a treatment
opportunity for any professional behavior that falls below acceptable practice.
He commented on the balloon amendment provided by the Executive Director,
Phyllis Gilmore,
(Attachment 2) and suggested additional defining language regarding
impairment--on page 1, section 2, line 25, following the word “safety,” add the
following: “The conduct may be attributed to a physical or mental condition or
substance abuse or a combination of those preceding conditions.” He recommended
one other addition on page 1, line 42, striking the language in (1) and
inserting “has a reasonable probability of causing harm to a client.” He then
commented on other recommended changes listed in the balloon amendment:
inserting the word “person” and changing “treatment” to “evaluation.”
Responding to a question, he said the Board did not share the latest changes
with Mr. Donnelly.
Sky Westerlund, Executive Director, Kansas Chapter, National Association of
Social Workers, spoke in support of the bill. (Attachment
3) She said the Association was grateful for the concepts expressed in the
bill to protect clients, but recommended deleting the insertion of “person,”
since the addition of person could create a conflict of interest for the Board
if they contracted with an individual.
Mike Donnelly, Director of Policy and Outreach, Disability Rights Center of
Kansas, spoke in opposition to the bill, noting the inherent discrimination in
the wording. (Attachment
4) He drew a distinction between a condition and conduct, saying the bill
makes no discrimination between the two and thus violates the Americans with
Disabilities Act (ADA), which prohibits discrimination on the basis of
disability. He observed that a condition does not cause conduct; it is poor
professional conduct that endangers a client, noting that the Board needs to
find a better way to protect clients.
Committee members discussed the issues and the language addressed by conferees,
asking questions to which conferees responded as follows: Mr. Donnelly said his
point is that there needs to be a line drawn between a condition and conduct, a
line ignored by the language of the bill. Mr. Maxfield replied that conduct is
sometimes caused by a condition, that the evaluation is intended to determine
such issues to help a person function better in his/her profession. He also
commented that the addition of “person” to the bill would allow an impaired
professional who is already seeing a physician to continue with treatment under
that physician. A member suggested adding to the term person the words
“. . .person not already licensed by the BSRB.” Ms. Gilmore acknowledged a
possible conflict of interest by inserting the word person but said the
benefits outweigh the potential problem. Mr. Donnelly replied to another
question that once a bill creates a separate class of licensees (“impaired
professional”), the possible deleterious effects on the person could be
hurtful. A member commented that the ADA deals primarily with employment
issues, and the bill focuses on a diversion program. Ms. Gilmore replied to a
question that the language was not important as long as the Board was given an
alternative to punitive action. The Chair asked conferees to try to work out
language that would be jointly acceptable.
A fiscal note was provided for members. (Attachment
5)
The hearing was closed
.
The minutes for March 13, 2006, were approved.
The Chair announced that the hearing on SB 470 would be postponed
until Wednesday, March 15. Sub-committee Chairman Hill reminded members of the
sub-committee meeting on HB 2820 following adjournment of the
Health and Human Services Committee on Wednesday, March 15.
The meeting was adjourned at 3:00 p.m. The next meeting is scheduled for 1:30
p.m. on Wednesday, March 15.