Legislative Issues of interest to nurses
NAHN - May 2018
SB18-022 - Clinical Practice for Opioid Prescribing - On Monday, May 21, 2018, Governor John Hickenlooper signed Senate Bill 18-22 Clinical Practice for Opioid Prescribing. The bill went into effect immediately upon the Governor’s signature. This new state law limits the number of opioid pills a healthcare provider can prescribe and affects physicians, physician assistants, advanced practice registered nurses with prescriptive authority, dentists, optometrists, podiatrists, and veterinarians.
Under the new law, a prescriber must limit a patient’s initial prescription of an opioid to a seven-day supply, if the prescriber has not written an opioid prescription for the patient in the last 12 months. The prescriber may exercise discretion in including a second fill for a seven-day supply. These limits do not apply, if, in the judgment of the prescriber, the patient:
After the first prescription, the prescriber is required to check the Prescription Drug Monitoring Program (PDMP) database before prescribing any additional opioids for the same patient. Failure to check the PDMP constitutes unprofessional conduct if the prescriber repeatedly fails to comply with this new PDMP requirement. The second fill requirement to check the PDMP does not apply when a patient:
In addition, the bill requires the Colorado Department of Public Health and Environment to report on the PDMP integration of health systems and the results and effects of the prescriber report cards.
HB 1086 - Enhanced Nurse Compact was passed in January 2018 and has been signed by the Governor. This allows CO nurses to be part of a compact that allows them to practice in other states within the compact. Nurses licensed in CO after June 21, 2017 must pass a background check (including fingerprints).HB 1086- Community College Bachelor Science Degree Nursing - Concerning allowing community colleges to offer a bachelor of science degree in nursing. The bill allows, with board approval, a community college that is part of the state system of community and technical colleges (community college) to offer a bachelor of science degree in nursing as a completion degree (nursing degree). In considering a request from a community college to offer a nursing degree, the board shall consider student and workforce demand, cost effectiveness for students, and accreditation and licensing requirements. At least 90 days prior to requesting board approval to offer a nursing degree, a community college shall provide notice of its request to all state institutions of higher education. A reporting requirement is added providing that each state-supported institution of higher education that offers a nursing degree provide the department of higher education with an annual report concerning its nursing degree program.
HB18-1091 - Dementia Diseases And Related Disabilities - The bill updates statutory references to Alzheimer's and other dementia diseases and reflects that dementia diseases have related disabilities impacting memory and other cognitive abilities. Missing persons with a dementia disease and related disability are added to the missing senior citizen and missing person with developmental disabilities alert program, and the program is renamed to reflect this change. The Alzheimer's disease treatment and research center within the university of Colorado school of medicine is renamed the dementia diseases and related disabilities treatment and research center.
HB18-1104 - Family Preservation For Parents With Disability - The bill establishes that family protection safeguards for a parent or prospective parent with a disability are critical to family preservation and the best interests of the children of Colorado. These safeguards include: That a parent's disability must not serve as a basis for denial or restriction of parenting time or parental responsibilities in a domestic law proceeding pursuant to title 14, without a clear nexus to the parent's ability to meet the needs of the child; in a minor guardianship proceeding pursuant to title 15, without a clear nexus to the parent's ability to meet the needs of the child; or a dependency and neglect proceeding pursuant to title 19, except when it impact the health or welfare of the child; That a parent's disability must not serve as a basis for denial of participation in a public or private adoption, or for denial of foster care or guardianship, when it is otherwise determined to be in the best interest of the child; and That the benefits of providing supportive parenting services must be considered by a court when determining parental responsibilities, parenting time, adoption placements, foster care, and guardianship, and the court may require that such supportive parenting services be provided or implemented, given the resources of the family.
HB18-1112 -Pharmacist Health Care Services Coverage - The bill requires a health benefit plan to provide coverage for health care services provided by a pharmacist if: The services are provided within a health professional shortage area; and The health benefit plan provides coverage for the same services provided by a licensed physician or advanced practice nurse.
HB18-1148 - Stage Four Advanced Metastatic Cancer Step Therapy - The bill prohibits a carrier that issues a health benefit plan that covers treatment for stage four advanced metastatic cancer from requiring a cancer patient to undergo step therapy prior to receiving a drug approved by the United States food and drug administration if use of the approved drug is consistent with best practices for treatment of the cancer and as long as the drug is on the carrier's prescription drug formulary.
HB18-1196 - Applications For Aid To The Needy Disabled Program - Under current law, in order to receive assistance under the aid to the needy disabled program, an applicant must be examined by a physician, physician assistant, advanced practice nurse, or registered nurse. The bill adds to the list of persons authorized to perform an examination a licensed psychologist, or any other licensed or certified health care personnel the department of human services deems appropriate. Any person who performs an examination is required to certify the diagnosis, prognosis, and other relevant medical or mental factors relating to the applicant's disability.
HOUSE JOINT RESOLUTION 18-1006 - CONCERNING RECOGNITION OF THE CONTRIBUTIONS OF LATINA/0 VETERANS.
SB18-149 - Records Of Denver Health And Hospital Authority - Currently, all records of the Denver health and hospital authority (authority) are subject to the open records law. The bill specifies that certain reports, statements, agreements, bonds, guidelines, manuals, handbooks, and accounts of the authority are public records. The bill also specifies that the content of an electronic medical record system and individual medical records or medical information are not public records, and that certain writings and other records concerning the modification, initiation, or cessation of patient care and authority health care programs or initiatives are not public records under certain circumstances.
HB18-1286 -School Nurse Give Medical Marijuana At School - Concerning allowing a school nurse to give medical marijuana to a student with a medical marijuana registry card while at school.
BILLS UNDER CONSIDERATION
HB18-1313 - Pharmacists To Serve As Practitioners - The bill clarifies that a licensed and qualified pharmacist may serve as a practitioner and prescribe over-the-counter medication under the 'Colorado Medical Assistance Act' and a statewide drug therapy protocol pursuant to a collaborative pharmacy practice agreement.
HB18-1094 - Children And Youth Mental Health Treatment Act - The bill extends indefinitely the 'Child Mental Health Treatment Act' and renames it the 'Children and Youth Mental Health Treatment Act' (act). Significant changes to the act include: Continuing the ability of a parent or guardian of a non-medicaid eligible child or youth to receive mental health services for the child or youth without unwarranted child welfare involvement; When evaluating a child or youth for eligibility for mental health treatment services (services), the evaluating mental health agency shall use a standardized risk stratification tool; Establishing a new definition of 'mental health agency' to capture a larger set of behavioral health services providers; Reporting requirements for the department of health care policy and financing and mental health agencies that provide services for children and youth are updated and clarified; Requiring the department of human services to maintain and update a list of providers on its website, as well as post information from various reports required by the act, excluding any personal health information; and Revising the membership of the advisory board that assists and advises the executive director of the department of human services with the development of service standards and rules for the provision of services.
HB18-1177 - Youth Suicide Prevention - The bill requires the office of suicide prevention (office) in the department of public health and environment (department) to work with appropriate entities to develop and implement a plan to provide access to training programs related to youth suicide prevention for people who regularly interact with youth but who are not in a profession that typically provides such training opportunities, such as camp counselors, recreation center employees, youth group leaders, clergy, and parents. The office is required to approve at least 3 nonprofit organizations statewide to participate in a coordinated program of youth suicide prevention training. Classes and programs offered by the approved nonprofit organizations must be free to the public, and the department shall reimburse the approved nonprofit organization for any direct or indirect costs associated with such classes and programs. The bill further directs the department to coordinate efforts to create and implement a statewide awareness campaign about suicide and youth suicide prevention, as well as awareness of the suicide prevention hotline. The awareness campaign may include, but is not limited to, the use of written, electronic, radio, and television media. The age of consent for a minor to seek and obtain outpatient psychotherapy services is lowered from 15 years of age or older to 12 years of age and older. The licensed mental health provider is immune from civil or criminal liability for providing outpatient psychotherapy services unless he or she acts negligently or outside the scope of his or her practice. The bill clarifies that the age of consent for a minor seeking inpatient psychotherapy or other inpatient mental health services without the consent of a parent or legal guardian remains 15 years of age or older.