Skip to main content
Colorado General AssemblyToggle Main Menu
Agency NameToggle Agency Menu

S_HHS_2016A 05/04/2016 11:28:24 AM Committee Summary




Date: 05/04/2016
Time: 11:28 AM to 12:51 PM
Martinez Humenik
Place: RM 271
This Meeting was called to order by
Senator Lundberg
This Report was prepared by
Elizabeth Haskell
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Discussion with CDPHE Regarding Immunization Exemption Forms

Witness Testimony and/or Committee Discussion Only

Referred to Finance

11:28 AM -- Discussion with CDPHE Regarding Immunization Exemption Forms

Dr. Larry Wolk, Executive Director, Colorado Department of Public Health and Environment (CDPHE), came to the table. Dr. Wolk discussed CDPHE rules regarding the immunization exemption forms for school-aged children. He told the committee that the State Board of Health promulgated rules that require CDPHE to create standardized forms for medical and non-medical exemptions from the immunization requirement. Dr. Wolk referred to the materials distributed to committee members prior to the meeting (Attachment A), which includes a copy of the forms and copies of the relevant statutes that create the authority for CDPHE to develop the forms.

Dr. Wolk responded to questions from the committee. Senator Martinez Humenik discussed inaccurate information that was posted on the Colorado Department of Human Services' website regarding the immunization forms and the procedure for filing the forms for parents of children in childcare facilities and preschools. Dr. Wolk responded to these concerns and referred to tab d of Attachment A. Senator Lundberg questioned Dr. Wolk about the rational for requiring that the medical exemption form be submitted only once to a school and requiring that the non-medical exemption form be submitted annually. Senator Lundberg and Dr. Wolk engaged in discussion regarding the reasons for requiring those who choose the non-medical exemption to resubmit the form each year.

160504 AttachA.pdf160504 AttachA.pdf

11:39 AM

Committee discussion continued.

11:49 AM

In response to questions, Dr. Wolk referred to the rules promulgated by the State Board of Health (Tab O, Attachment A). Further discussion followed about the authority of CDPHE to make a parent use an official form in order to establish a non-medical exemption. Senator Aguilar discussed the provisions and implementation of House Bill 14-1288. Senator Lundberg and Dr. Wolk engaged in discussion about CDPHE's authority to implement the recent changes to the immunization exemption forms and CDPHE's authority to require that the non-medical exemption be submitted to a school on an official form.

12:04 PM

Discussion continued about the authority of CDPHE to implement the recent changes to the way parents must notify their child's school if the child is to be exempt from the immunization requirement.

12:08 PM

Dr. Wolk made closing comments.

12:09 PM -- HB 16-1424

Senator Garcia, bill sponsor, presented House Bill 16-1424. The bill changes the way state agencies handle the training and registration of personnel authorized to administer medications in certain state facilities, and changes the definition of "facility" to include services offered to intellectually and developmentally disabled individuals by the Department of Health Care Policy and Financing (HCPF).

Under current law, a person who is not a licensed nurse, physician, or pharmacist (unlicensed person) must complete a training and take an exam approved by the Colorado Department of Public Health and the Environment (CDPHE) every four years in order to be deemed qualified to administer medications at facilities administered by certain state departments. The bill removes the requirement that the exam be taken every four years, replacing it with the one-time completion of a competency evaluation.

CDPHE must set minimum requirements for course content, competency, and evaluations; approve entities that provide training on the administration of medication; and determine rules for and compliance by facilities overseen by CDPHE. The Department of Human Services (DHS), HCPF, and the Department of Corrections (DOC) must each develop and conduct a medication administration program and may set their own minimum standards for course content and competency evaluations for unlicensed persons who administer medication in the facilities run by those departments. DHS, HCPF, DOC, and CDPHE must each maintain a list of those who have completed the competency evaluation. To be included on CDPHE's list, people must pay a required fee once they have passed the competency evaluation. CDPHE must also maintain a list of approved training entities.

Under current law, facility operators must conduct a drug-related criminal background check on new employees. Under the bill, prior to hiring a new employee or promoting an employee to a position with access to medication, the facility operator must conduct a general purpose criminal history check. In addition, employees must sign a disclosure statement stating that he or she has never had a professional nursing, medicine, or pharmacy license revoked for reasons related to administration of medications. A person may not fill or label medication reminder boxes until they have completed the competency valuation from an approved training entity or has been approved by an authorized agency. In addition to the time and amount of the medication, facilities also must keep a written record with the date and signature of the person administering the medication each time a medication is administered.

12:10 PM --
Randy Kuykendall, CDPHE, testified in support of the bill. Mr. Kuykendall responded to questions from the committee.

12:23 PM --
Doug Farmer, Colorado Health Care Association, testified in support of the bill. Mr. Farmer responded to questions from the committee.

12:26 PM --
Corky Kyle, Colorado Assisted Living Association, testified in support of the bill. Mr. Kyle responded to questions from the committee.

12:30 PM --
Delores Williams, representing herself, testified in a neutral position on the bill.

12:34 PM

Senator Garcia responded to committee questions.

12:36 PM --
Deborah Lively, Leading Age Colorado, spoke in support of the bill. Ms. Lively responded to questions from the committee.

12:38 PM --
Tamara Meurer, representing herself, testified in opposition to the bill.

12:43 PM

Mr. Kuykendall came back to the table and responded to questions from the committee.

12:48 PM

Senator Garcia responded to questions. Committee discussion followed.

12:50 PM

Senator Garcia made closing comments.

BILL: HB16-1424
TIME: 12:50:41 PM
MOVED: Crowder
MOTION: Refer House Bill 16-1424 to the Committee on Finance. The motion passed on a vote of 3-1, with one excused.
Martinez Humenik

12:51 PM

The committee adjourned.

The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details