2013 HOUSE HUMAN SERVICES

HB 1108

2013 HOUSE STANDING COMMITTEE MINUTES

House Human Services Committee Fort Union Room, State Capitol

HB 1108 January 14, 2013

Job # 17157

D Conference Committee

Committee Clerk Signature

Explanation or reason for introduction of bill/resolution: Relates to medication administration in correctional facilities.

Minutes: Testimony #1 attached

Chairman Weisz: Opened the hearing on HB 1109.

Steve Engen: Director of Staff Development and Facility Inspections for NO Department of Corrections and Rehabilitation (DOCR) testified in support of the bill. (See Testimony #1)

4:37 Chairman Weisz: How many in the system do you have trained?

Engen: Approximately 300. The DOCR keeps that registry so the correctional administrators and Sheriffs that operate the facilities do not have pay for the attendance on that registry. We keep registry for them.

Rep. Porter: If the Department of corrections is keeping the registry and doing the training, why wouldn't we cut the Health Department out of it and say the course required is through the department of corrections? Then adopt the standards necessary to do the course through the department of corrections.

Engen: We certainly could do that. The course we have now was drafted and placed by my agency. We like to have the authority that makes these nursing aid programs so we can keep track or pace with national trends and have a central repository. They will come out and audit our program as we expect. We can consider, look at and do that. The way the bill is written and with the amendment does allow for a better accountability of the training.

Rep. Fehr: Is the term medication assistance 1 training a defined term? Or are you going to define that within your rules as to what this term is?

Engen: A defined term under the current requirements in the Dept. of Health. It is a certain level of training that a person must have in order to deliver medications.

Rep. Fehr: It is already defined in the Department of Health policies or administrative code?

House Human Services Committee HB 1108 January 14, 2013 Page2

Engen: Administrative code.

Chairman Weisz: Asked for further support. When there was no response he asked for opposition. Thee was no response so he closed the hearing on HB 1108.

2013 HOUSE STANDING COMMITTEE MINUTES

House Human Services Committee Fort Union Room, State Capitol

HB 1108 January 16, 2013

Job #17294

0 Conference Committee

/

Explanation or reason for introduction of bill esolution:

Medication administration in correctional facilities.

Minutes:

Chairman Weisz: Opened the hearing on HB 1108.

Rep. Porter: In looking at this language the department has established the program, but it still runs through the Department of Health registry. My question to the Dept. of Corrections was why do we have to run through the Dept. of Health registry inside of your program? They got back to me and they do not want to dabble in anyway shape or form into anything to do with medicine or any of that. The department approves their program and then allows them to be in the registry. They feel better with the middle man in there and I don't have any concerns with that. I move a Do Pass.

Rep. Oversen: Second.

Chairman Weisz: I think there is some federal deal to with that registry that may have prohibited them. There was a funding issue that the feds pay for some of that on unlicensed for maintaining the registry.

Rep. Porter: I don't think that affected Corrections if it would have changed inside of nursing facilities and DO providers I think it would have.

Chairman Weisz: I wonder if they would have been able to get funding. I think the Health Dept. gets some funding. I could be wrong on that.

ROLL CALL VOTE: 13 y 0 n 0 absent

MOTION CARRIED ON DO PASS

Bill Carrier: Rep. Silbernagel

Date: /-/6-/3 Roll Call Vote #: ____.!'----

House Human Services

2013 HOUSE STANDING COMMITTEE ROLL CALL VOTES I BILL/RESOLUTION NO. l/d �

0 Check here for Conference Committee

Legislative Council Amendment Number

Committee

Action Taken: � Do Pass 0 Do Not Pass D Amended D Adopt Amendment

D Rerefer to Appropriations 0 Reconsider

Motion Made By� • r.J� Seconded By � {/jJtJ;.l.i.!IJ,J

Representatives Yes /NO Representatives Yes 1.�No

CHAIRMAN WEISZ v REP. MOONEY {/ I/ VICE-CHAIRMAN HOFSTAD v / REP.MUSCHA £,/' /

REP. ANDERSON

REP.DAMSCHEN

REP. FEHR

REP. KIEFERT REP. LANING

REP. LOOYSEN

REP. PORTER

REP. SILBERNAGEL

Total (Yes)

Absent 0 Floor Assignment

v /" REP.OVERSEN v (/

(/ v

/'/ v v /

v v v 1/

v

(� No __ LJ�---------------

If the vote is on an amendment, briefly indicate intent:

Com Standing Committee Report January 16, 2013 11:52am

Module ID: h_stcomrep_07 _012 Carrier: Silbernagel

REPORT OF STANDING COMMITTEE HB 1108: Human Services Committee (Rep. Weisz, Chairman) recommends DO PASS

(13 YEAS, 0 NAYS, 0 ABSENT AND NOT VOTING). HB 1108 was placed on the Eleventh order on the calendar.

(1) DESK (3) COMMITTEE Page 1 h_stcomrep_07 _012

2013 SENATE HUMAN SERVICES

HB 1108

2013 SENATE STANDING COMMITTEE MINUTES

Senate Human Services Committee Red River Room, State Capitol

HB 1108 02/19/2013

19181

D Conference Committee

Committee Clerk Signature

Explanation or reason for introduction of bill/resolution:

Relating to medication administration in correctional facilities.

Minutes:

Chairwoman J. lee opened the hearing HB 1108

y.

Steve Engen (meter 4: 00), The Director of Staff Development and Facility Inspections for the North Dakota Department of Correction and Rehabilitation (DOCR) in favor of HB 1108. See attachment #1 (ends 3:53)

Senator Anderson (meter 4:00) asked for clarification about lines 14-20 in HB 1108.

Chairwoman J. Lee closed the hearing

Senator Dever motion for Do Pass

Senator Larsen Seconds

Roll Call Vote 5-0-0

Senator Axness is the carrier.

,.

i)

Date: d..-/q-}3 Roll Call Vote #: --L---

Senate Human Services

2013 SENATE STANDING COMMITTEE ROLL CALL VOTES

BILL/RESOLUTION NO. /10 8'

D Check here for Conference Committee

Legislative Council Amendment Number

Committee

Action Taken: 1BJ Do Pass D Do Not Pass D Amended 0 Adopt Amendment

D Rerefer to Appropriations D Reconsider

Motion Made By �eN De.\1 Q;C Seconded By � lc1cS€(0

Senators Yes No Senator Yes No Chariman Judy Lee .;..-"" Senator Tyler Axness ...---Vice Chairman Oley Larsen �

Senator Dick Dever v-

Senator Howard Anderson, Jr. ---

Total (Yes) ------'5=------- No --�Q<:....__ _______ _

Absent

Floor Assignment

If the vote is on an amendment, briefly indicate intent:

Com Standing Committee Report February 19, 2013 12:02pm

Module 10: s_stcomrep_31_016 Carrier: Axness

REPORT OF STANDING COMMITTEE HB 1108: Human Services Committee (Sen. J. Lee, Chairman) recommends DO PASS

(5 YEAS, 0 NAYS, 0 ABSENT AND NOT VOTING). HB 1108 was placed on the Fourteenth order on the calendar.

,

(1) DESK (3) COMMITTEE Page 1 s_stcomrep_31_016

2013 TESTIMONY

HB 1108

NORTH DAKOTA

Department of Corrections

& Rehabilitation

Jack Dalrymple, Governor Leann K. Bertsch, Director

�I Central Office

PO Box 1898 • 3100 Railroad Avenue

Bismarck, ND 58502-1898

(701) 328-6362 • Fax (701) 328-6651

TDD 1-800-366-6888 • TTY Voice 1-800-366-6889

Testimony in support of House Bill 11 08 before the House Human Services Committee

January 14, 2013 Fort Union Room

Chairman Weisz and members of the House Human Services Committee, I am Steve Engen, the Director of Staff Development and Facility Inspections for the North Dakota Department of Corrections and Rehabilitation ("DOCR"). I am here today on behalf of the DOCR, which has regulatory and training oversight over local correctional centers, to request the passage of House Bill 11 08 for the following reasons.

On 2004, the Attorney General's Office issued a letter opinion to Burleigh County that medication administration in a county detention center must be by a nurse licensed under N.D.C.C. ch. 43-12.1, or by a licensed person acting within the scope of the license, or by a medication assistant acting under the delegation of a licensed nurse under the Board of Nursing's Rules. In order to be a medication assistant, the person must have completed a nursing board-approved program of medication administration and possess current registration from the board as a medication assistant. This requirement was incorporated into statute in 2007 at N.D. C. C. Section 12-44.1-29., which House Bill 1108 proposes to amend.

At the time of the Attorney General's letter opinion, a "medication assistant" was defined in the Administrative Code to mean "an individual who has a current registration as a nurse assistant, has successfully completed an approved medication assistant program, has demonstrated competency in the administration of routine, regularly scheduled medications, and possesses a current registration from the board as a medication assistant." Section 54-07-05-02(2), N.D.A.C.

Correctional officers have regularly received Board of Nursing-approved training since this time in accordance with the Attorney General's letter opinion, the Board of Nursing's Administrative Rules, and the later statute, in order to assist in medication administration in county and regional correctional facilities.

www.nd.gov/docr/

In 2011, the 62"d Legislative Assembly, through House Bill 1041, transferred health nurse aide registry duties, including supervision of the medication assistant training program for individuals approved to provide limited medication administration, from the Board of Nursing to the Department of Health. This change appears in N.D.C.C. ch. 23-44.

The transfer of medication administration training and supervision of the training for correctional facility employees under N.D.C.C. Sec. 12-44.1-29, however, was inadvertently omitted from this process, and while correctional facility employees have continued to receive training through a program approved prior to HB 1 041, that approved training will not be available when the program expires. The proposed legislation is essentially a housekeeping measure to correct this omission.

This proposed legislation was prepared with the support and assistance of the North Dakota Department Health and will ensure continued quality and cost-effective medication administration training to correctional staff in North Dakota's correctional facilities.

Mr. Chairman and committee members, this concludes my testimony. If you have any questions, I attempt to answer them at this time. Thank you for your time.

PO Box 1898 • 3100 Railroad Avenue

NORTH DAKOTA Bismarck, NO 58502-1898

Department of Corrections

& Rehabilitation

(701) 328-Q390 • Fax (701) 328-Q651

TOO 1-800-366-8888 • TTY Voice 1-800-366-8889

Jack Dalrymple, Governor Leann K. Bertsch, Director

Testimony in support of HB 1108 before the Senate Human Services Committee February 19, 2013 Red River Room

Chairman Lee and members of the Senate Human Services Committee, I am Steve Engen, the Director of Staff Development and Facility Inspections for the North Dakota Department of Corrections and Rehabilitation ("DOCR"). I am here today on behalf of the DOCR, which has regulatory and training oversight over local correctional centers, to request the passage of HB 1108 for the following reasons.

On 2004, the Attorney General's Office issued a letter opinion to Burleigh County that medication administration in a county detention center must be by a nurse

• licensed under N.D. C. C. ch. 43-12.1, or by a licensed person acting within the scope of the license, or by a medication assistant acting under the delegation of a licensed nurse under the Board of Nursing's Rules. In order to be a medication assistant, the person must have completed a nursing board-approved program of medication administration and possess current registration from the board as a medication assistant. This requirement was incorporated into statute in 2007 at N.D.C.C. Section 12-44.1-29., which House Bill 1108 proposes to amend.

•

At the time of the Attorney General's letter opinion, a "medication assistant" was defined in the Administrative Code to mean "an individual who has a current registration as a nurse assistant, has successfully completed an approved medication assistant program, has demonstrated competency in the administration of routine, regularly scheduled medications, and possesses a current registration from the board as a medication assistant." Section 54-07-05-02(2), N.D.A.C.

Correctional officers have regularly received Board of Nursing-approved training since this time in accordance with the Attorney General's letter opinion, the Board of Nursing's Administrative Rules, and the later statute, in order to assist in medication administration in county and regional correctional facilities .

www.nd.gov/docr/

In 2011, the 62nd Legislative Assembly, through House Bill 1041, transferred health nurse aide registry duties, including supervision of the medication assistant training • program for individuals approved to provide limited medication administration, from the Board of Nursing to the Department of Health. This change appears in N.D.C.C. ch. 23-44.

•

•

The transfer of medication administration training and supervision of the training for correctional facility employees under N.D.C.C. Sec. 12-44.1-29, however, was inadvertently omitted from this process, and while correctional facility employees have continued to receive training through a program approved prior to HB 1041, that approved training will not be available when the program expires. The proposed legislation is essentially a housekeeping measure to correct this omission.

This proposed legislation was prepared with the support and assistance of the North Dakota Department Health and will ensure continued quality and cost-effective medication administration training to correctional staff in North Dakota's correctional facilities.

Chairman Lee and committee members, this concludes my testimony. If you have any questions, I attempt to answer them at this time. Thank you for your time .