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Minutes for SB453 - Committee on Public Health and Welfare

Short Title

Requiring unlicensed employees of adult care homes who take training courses to demonstrate certain skills to successfully complete such training courses, requiring licensed nurses to teach and evaluate such training courses and allowing simulation experiences to be used as part of such training courses.

Minutes Content for Tue, Feb 15, 2022

Chairperson Hilderbrand opened the hearing on SB453.

Jenna Moyer, Staff Revisor gave an overview of the bill. She took questions from committee members.

Heather Porter testified in support of SB453. She stated that SB453 allows greater flexibility and eliminates barriers to expanded CNA training opportunities in Kansas. Flexibility for instructors to these courses means more Kansans can take the courses necessary to enter the field; using simulated laboratories for training means a more hand-on trained workforce and expanding qualifying experience for those caring for the elderly no matter the clinical setting means more RN's can administer the skills portion of the CNA competency and is correct in the recognition that healthcare staff takes care of the elderly and chronically ill in settings across health care and not solely in long-term care. (Attachment 5)

Jason Watkins gave proponent testimony. He said he supports SB453 because it would act, in part, to help alleviate the current lack of available CNAs in long-term care facilities. The allowances in SB453 are common sense and are a tool that could and should be made available. (Attachment 6)

Robert Miller stated in his proponent testimony that SB453 is meant to increase the number of students taking CNA courses, while injecting much-needed professional caregivers into our state's workforce. This will make a significant difference in getting more desperately needed CNA applicants started from student to certified. (Attachment 7)

Sheree Utash spoke in support of SB453. In her testimony she stated that SB453 allows for Licensed Practical Nurses to teach CNA courses under the general supervision of a registered nurse; allows the use of simulation for up to 50% of nurse aide clinical hours and allows RNs with experience in caring for the elderly or chronically ill of any age to administer the skills demonstration portion of CNA competency evaluations regardless of the setting of their experience. (Attachment 8)

Questions were taken from committee members.

Written only, proponent testimony was submitted by:

      Rachel Monger, LeadingAge Kansas (Attachment 9)

      Haely Ordoyne, KACE (Attachment 10)

     Cindy LeFluer, Catholic Care Center (Attachment 11)

     Tara Mays, Kansas Hospital Association (Attachment 12)

     Shawn Sullivan, Midland Care Connection (Attachment 13)

     Lindsey Cahoj, Harry Hynes Memorial Hospice (Attachment 14)

     Michelle Mosimann, Good Shepherd Hospice (Attachment 15)

     Sharon Erwin, ComfortCare Homes (Attachment 16)

     Douglas Stark, ComfortCare Homes (Attachment 17)

     Fred Hermes, Axiom Healthcare Svcs, LLC (Attachment 18)

     Kathi Bragg, Axiom Healthcare Svcs, LLC (Attachment 19)

     Steve Kearney, Kansas Technical Colleges (Attachment 20)

     Neil Barnett, Care Haven Homes (Attachment 21)

    John Jenks, Greater KC Chamber of Commerce (Attachment 22)

     Linda Mowbray, KHCS/KCAL (Attachment 23)

     Tim Keck, Mission Health (Attachment 24)

Kelly Sommers spoke as an opponent to SB453 stating that KSNA opposes SB453 since it will directly impact the quality of care for residents and patients, especially in long-term care. Decreased educational requirements and lack of certification affect staffing retention, best practices, quality outcomes, reduces education standards and affect the confidence of a CNA with their education. She also stated that SB453 does not fit within the Scope of Practice of an LPN in Kansas and puts the RN license at risk of investigation and loss of license. (Attachment 25)

Mitzi McFatrich testified in opposition to SB453. She stated that instead of assuming the responsibilities as proposed by SB453, the Kansas Legislature should require KDADS to facilitate a comprehensive overview and update of training requirements taking into consideration current workforce challenges and federal compliance requirements. This overview should be transparent and open, with participation from stakeholders who bring expertise from education, direct care nurses, facilities, regulatory and older consumers. (Attachment 26)

Written only, opponent testimony was submitted by:

     Camille Russell, Kansas State Long Term Care Ombudsman (Attachment 27)

Heather Morgan gave neutral testimony on SB453 stating that there seem to be differing opinions on various aspects of this bill. Additional flexibility is desired as long as it complies with CMS regulations and ensure high quality training and patient care, colleges generally view the simulation suggestions in the bill as unnecessary and often may have negative impacts on students actually entering the workforce and being successful, and colleges have questions and believe additional clarifications are needed related to some definitions with the bill. (Attachment 28)

Written only, neutral testimony was submitted by:

     Carol Moreland, Kansas State Board of Nursing (Attachment 29)

Chairperson Hilderbrand closed the hearing on SB453.

Chairperson Hilderbrand adjourned the meeting at 9:30 a.m. The next scheduled meeting is February 16, 2022.