Amendments for SB24-167
Senate Journal, March 29
After consideration on the merits, the Committee recommends that SB24-167 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, strike everything below the enacting clause and substitute:
"SECTION 1. In Colorado Revised Statutes, 25-27-102, add (2.5),
(2.7), (9.3), (9.5), and (10.5) as follows:
25-27-102. Definitions. As used in this article 27, unless the context
otherwise requires:
(2.5) "DIRECT CARE WORKER" MEANS AN EMPLOYEE WHO PROVIDES
HANDS-ON CARE, SERVICES, AND SUPPORT TO RESIDENTS OF AN ASSISTED LIVING
RESIDENCE.
(2.7) "FIT TEST" MEANS A TEST PROTOCOL CONDUCTED TO VERIFY THAT
A RESPIRATOR OR MASK IS BOTH COMFORTABLE AND PROVIDES THE WEARER
WITH THE EXPECTED PROTECTION.
(9.3) "PORTABLE TEST" MEANS THE FOLLOWING TESTS FOR WHICH,
WHEN SUCCESSFULLY COMPLETED BY AN INDIVIDUAL, THE INDIVIDUAL IS
PROVIDED A CERTIFICATION OF COMPLETION THAT MAY BE TRANSFERRED FROM
ONE ASSISTED LIVING RESIDENCE TO ANOTHER IN ACCORDANCE WITH THIS
SECTION:
(a) A FIT TEST; AND
(b) A TUBERCULOSIS TEST.
(9.5) "PORTABLE TRAINING" MEANS THE FOLLOWING TRAINING FOR
WHICH, WHEN SUCCESSFULLY COMPLETED BY AN INDIVIDUAL, THE INDIVIDUAL
IS PROVIDED A CERTIFICATION OF COMPLETION THAT MAY BE TRANSFERRED
FROM ONE ASSISTED LIVING RESIDENCE TO ANOTHER IN ACCORDANCE WITH THIS
SECTION:
(a) HAND HYGIENE AND INFECTION CONTROL;
(b) BASIC FIRST AID;
(c) RESIDENT RIGHTS;
(d) PERSON-CENTERED CARE;
(e) FALL PREVENTION;
(f) LIFT ASSISTANCE; AND
(g) FOOD SAFETY.
(10.5) "QUALIFIED MEDICATION ADMINISTRATION PERSONNEL" MEANS
AN INDIVIDUAL WHO HAS PASSED A COMPETENCY EVALUATION ADMINISTERED
BY AN APPROVED TRAINING ENTITY ON OR AFTER JULY 1, 2017, AND WHOSE
NAME APPEARS ON THE DEPARTMENT'S LIST OF INDIVIDUALS WHO HAVE PASSED
THE REQUISITE COMPETENCY EVALUATION.
SECTION 2. In Colorado Revised Statutes, add 25-27-114 as follows:
25-27-114. Direct care workers in assisted living residences -
training - portability - rules. (1) (a) IF AN OPERATOR OF AN ASSISTED LIVING
RESIDENCE PROVIDES OR PAYS FOR A PORTABLE TEST FOR A DIRECT CARE
WORKER OR FOR QUALIFIED MEDICATION ADMINISTRATION PERSONNEL
EMPLOYED BY THE ASSISTED LIVING RESIDENCE, THE OPERATOR SHALL MAKE
THE RESULTS OF THE TEST AVAILABLE TO THE DIRECT CARE WORKER OR
QUALIFIED MEDICATION ADMINISTRATION PERSONNEL UPON COMPLETION OF
THE TEST.
(b) IF, UPON HIRE BY AN ASSISTED LIVING RESIDENCE, A NEW EMPLOYEE
PROVIDES PROOF OF COMPLETION OF A PORTABLE TEST, THE OPERATOR OF THE
ASSISTED LIVING RESIDENCE MAY DETERMINE THAT THE INDIVIDUAL HAS
SATISFIED RELATED TESTING REQUIREMENTS OR REQUIRE THE INDIVIDUAL TO
COMPLETE NEW TESTING.
(c) THE RESULTS OF A TUBERCULOSIS TEST MAY BE ACCEPTED FOR
PURPOSES OF NEW EMPLOYMENT RECORDS IF PRESENTED TO THE NEW EMPLOYER
WITHIN TWO YEARS AFTER THE TESTING DATE. NOTWITHSTANDING ANY
PROVISION OF THIS SECTION, THE DEPARTMENT MAY REQUIRE ADDITIONAL
TESTING AS DETERMINED THROUGH ADMINISTRATIVE ACTION, NOTICE, RULE, OR
STATE LAW.
(2) IF AN OPERATOR OF AN ASSISTED LIVING RESIDENCE PROVIDES OR
PAYS FOR PORTABLE TRAINING FOR A DIRECT CARE WORKER OR QUALIFIED
MEDICATION ADMINISTRATION PERSONNEL EMPLOYED BY THE OPERATOR, UPON
COMPLETION OF THE TRAINING, THE OPERATOR OR THE ENTITY THAT PROVIDES
THE TRAINING SHALL PROVIDE THE INDIVIDUAL WHO COMPLETES THE TRAINING
WITH A CERTIFICATE OF COMPLETION. THE CERTIFICATE OF COMPLETION MUST
INCLUDE:
(a) THE TOPIC COVERED;
(b) THE DATE OF THE TRAINING;
(c) THE INDIVIDUAL OR ENTITY THAT PROVIDED THE TRAINING;
(d) DOCUMENTATION OF COMPETENCY IN THE SPECIFIC TOPIC OF THE
TRAINING; AND
(e) ADDITIONAL ELEMENTS AS DETERMINED BY RULE OF THE
DEPARTMENT.
(3) (a) IF, UPON HIRE BY AN ASSISTED LIVING RESIDENCE, A NEW DIRECT
CARE WORKER PROVIDES PROOF OF COMPLETION OF PORTABLE TRAINING, THE
ASSISTED LIVING RESIDENCE SHALL ENSURE, IN A FORM AND MANNER
DETERMINED BY THE OPERATOR, THAT THE DIRECT CARE WORKER HAS
SATISFIED THE RELATED PORTABLE TRAINING REQUIREMENTS IN ORDER TO
ENSURE THAT EACH DIRECT CARE WORKER CAN SAFELY CARRY OUT THE DUTIES
AND RESPONSIBILITIES FOR THE CARE AND PROVISION OF SERVICES TO
RESIDENTS.
(b) IN ADDITION TO PORTABLE TRAINING, THE OPERATOR OF AN
ASSISTED LIVING RESIDENCE SHALL ENSURE THAT EACH DIRECT CARE WORKER
RECEIVES ANY TRAINING REQUIRED BY RULES ADOPTED BY THE STATE BOARD,
OR AS SET FORTH IN STATE LAW, WITHIN THE TIMELINES SET BY STATE LAW OR
RULE.
(4) THE DEPARTMENT SHALL ACCEPT PROOF OF A PORTABLE TEST OR A
CERTIFICATE FOR PORTABLE TRAINING THAT IS DEEMED SUFFICIENT BY AN
ASSISTED LIVING RESIDENCE OPERATOR AS PROOF OF COMPLETION OF A TEST OR
TRAINING. THE DEPARTMENT MAY, BUT IS NOT REQUIRED TO, PROMULGATES
RULES TO DEFINE OTHER TESTS OR TRAININGS AS PORTABLE.
(5) IF AN ASSISTED LIVING RESIDENCE OPERATOR ACCEPTS PROOF OF
TRAINING CONDUCTED BY ANOTHER ENTITY, THE ASSISTED LIVING RESIDENCE
OPERATOR SHALL ENSURE COMPETENCY IN A FORM AND MANNER TO BE
DETERMINED BY THE OPERATOR IN ORDER TO ENSURE PRIOR EDUCATION AND
TRAINING ARE SUFFICIENT FOR THE DIRECT CARE WORKER TO SAFELY CARRY
OUT THE DIRECT CARE WORKER'S DUTIES AND RESPONSIBILITIES. AN ASSISTED
LIVING RESIDENCE THAT CURRENTLY EMPLOYS A DIRECT CARE WORKER IS
LIABLE FOR ANY ACTS OR OMISSIONS BY THE DIRECT CARE WORKER EMPLOYEE
THAT ARE DIRECTLY RELATED TO THE EMPLOYEE'S PREVIOUS TRAINING AND THE
ACCEPTANCE OF THE CERTIFICATION OF COMPLETION OF THAT TRAINING BY THE
ASSISTED LIVING RESIDENCE.
SECTION 3. Act subject to petition - effective date. This act takes
effect January 1, 2025; except that, if a referendum petition is filed pursuant to
section 1 (3) of article V of the state constitution against this act or an item,
section, or part of this act within the ninety-day period after final adjournment
of the general assembly, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in November
2024 and, in such case, will take effect January 1, 2025, or on the date of the
official declaration of the vote thereon by the governor, whichever is later.".
Health &
Human
Services
Senate Journal, April 16
After consideration on the merits, the Committee recommends that SB24-167 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation and with a recommendation that it be placed on the Consent Calendar.
Amend the Health and Human Services Committee Report, dated March 28,
2024, page 3, after line 33 insert:
"SECTION 3. Appropriation. For the 2024-25 state fiscal year,
$30,152 is appropriated to the department of public health and environment for
use by the health facilities and emergency medical services division. This
appropriation is from the general fund and is based on an assumption that the
division will require an additional 0.3 FTE. To implement this act, the division
may use this appropriation for administration and operations.".
Renumber succeeding section accordingly.
Amend printed bill, page 1, line 101, strike "RESIDENCES." and substitute
"RESIDENCES, AND, IN CONNECTION THEREWITH, MAKING AN
APPROPRIATION.".
Appro-
priations
Senate Journal, April 18
SB24-167 by Senator(s) Ginal and Smallwood; also Representative(s) McCormick--Concerning
portable requirements for direct-care health-care workers in assisted living residences, and,
in connection therewith, making an appropriation.
Amendment No. 1, Health & Human Services Committee Amendment.
(Printed in Senate Journal, April 1, page(s) 643-645 and placed in members' bill files.)
Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, April 16, page(s) 883-884 and placed in members' bill files.)
Amendment No. 3(L.005), by Senator Ginal.
Amend the Health and Human Services Committee Report, dated March 28,
2024, page 2, line 39, before "TOPIC" insert "PORTABLE".
Page 2, line 42, after "SPECIFIC" insert "PORTABLE".
Page 3, lines 1 and 2, strike "RULE OF THE DEPARTMENT." and substitute
"RULE.".
Page 3, line 16, strike "DEPARTMENT" and insert "STATE BOARD".
Page 3, line 19, before "TEST" insert "PORTABLE" and strike "DEPARTMENT" and
substitute "STATE BOARD".
Page 3, line 20, before "TESTS" insert "PORTABLE" and before "TRAININGS"
insert "PORTABLE".
Before "TRAINING" insert "PORTABLE" on: Page 2 of the report, lines 35, 36,
37, 40, 41, and 43; and Page 3 of the report, lines 19, 23, 26, and 31.
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.