HLS 16RS-1387 ENGROSSED 2016 Regular Session HOUSE CONCURRENT RESOL UTION NO. 86 BY REPRESENTATIVE HOFFMANN HEALTH CARE/PROVIDERS: Creates a study group to make recommendations concerning the prospective establishment of an independent health professions scope of practice review committee 1 A CONCURRENT RESOL UTION 2To create a special study group to evaluate and make recommendations concerning the 3 prospective establishment of an independent health professions scope of practice 4 review committee to be known as the "Louisiana Health Professions Institute", and 5 to require the group to report findings and recommendations to the legislature. 6 WHEREAS, services and procedures that a healthcare professional may and may not 7deliver or perform are determined by the scope of practice for that person's profession; and 8 WHEREAS, while Louisiana's health professions are regulated by state licensing 9boards, each such board, in turn, is created by and receives its regulatory powers from the 10legislature, including the power to enforce a scope of practice, via the state laws which 11provide for those boards and which the legislature may revise from time to time; and 12 WHEREAS, Title 37 of the Louisiana Revised Statutes of 1950, which encompasses 13laws relative to professions and occupations, provides for licensure and regulation of all of 14the following healthcare practitioners: Acupuncturists; addiction counselors; athletic 15trainers; audiologists; behavior analysts; chiropractors; clinical exercise physiologists; 16clinical laboratory personnel; dentists; dietitians and nutritionists; direct service workers; 17marriage and family therapists; medical psychologists; medication attendants; mental health 18counselors; midwives; nurses, including licensed practical nurses, registered nurses, and 19advanced practice registered nurses; nursing facility administrators; occupational therapists; 20optometrists; perfusionists; pharmacists, physical therapists; physician assistants; physicians; Page 1 of 5 HLS 16RS-1387 ENGROSSED HCR NO. 86 1podiatrists; polysomnographic health professionals; professional counselors; psychologists; 2radiologic technologists; rehabilitation counselors; respiratory therapists; social workers; and 3speech-language pathologists; and 4 WHEREAS, through its function as a lawmaking body, the legislature plays an 5essential role in setting policy for all professions and occupations; however, this 6policymaking role occurs within an inherently political context; and 7 WHEREAS, in taking up any prospective expansion, limitation, or other revision to 8a health profession's scope of practice, the legislature must evaluate numerous 9considerations, the most significant of which is the delicate balance between expanding 10access to care and ensuring patient safety; and 11 WHEREAS, in the legislature, the initial duty of screening health profession scope 12of practice proposals lies with the committees on health and welfare, which must consider 13significant amounts of information and extensive public comments given by individuals, 14officials, and interest groups which come before the committees to support or oppose various 15scope of practice measures; and 16 WHEREAS, objective, reliable information is essential for any policymaking body 17to make decisions that best serve the public interest; and 18 WHEREAS, other states seek, obtain, and process information concerning health 19profession scope of practice proposals through special review committees; and 20 WHEREAS, notable among state scope of practice review programs is that of 21Connecticut, which in 2009 employed the Legislative Program Review and Investigations 22Committee, a bipartisan, statutory committee of the state's legislature, to evaluate scope of 23practice review models of fourteen other states and make recommendations to the 24Connecticut General Assembly, which later enacted Public Act No. 11-209 in 2011 creating 25a scope of practice determinations program within the state's health agency that is now 26viewed as one of the most effective programs of its type in the nation; and 27 WHEREAS, the necessity of a program or committee of this type in Louisiana has 28been demonstrated through the legislature's experience of recent sessions of considering 29high-profile and highly controversial scope of practice proposals affecting several health 30professions; and Page 2 of 5 HLS 16RS-1387 ENGROSSED HCR NO. 86 1 WHEREAS, it is clear that establishing some form of independent, nonpolitical 2scope of practice review committee would greatly enhance the ability of legislators to make 3the most informed and most prudent policy decisions when faced with matters so vital to the 4well-being of Louisiana's citizens as proposals affecting the scope of practice of our state's 5health professions. 6 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby 7create a special study group to evaluate and make recommendations concerning the 8prospective establishment of an independent health professions scope of practice review 9committee to be known as the "Louisiana Health Professions Institute". 10 BE IT FURTHER RESOLVED that the study committee shall be composed of the 11following members: 12 (1) The secretary of the Department of Health and Hospitals or his designee. 13 (2) The chancellor of the Louisiana State University Health Sciences Center at New 14Orleans or his designee. 15 (3) The chancellor of the Louisiana State University Health Sciences Center at 16Shreveport or his designee. 17 (4) The dean of the Tulane University School of Public Health and Tropical 18Medicine or his designee. 19 (5) The dean of the Southern University School of Nursing or his designee. 20 (6) The chief executive officer of the Louisiana Public Health Institute or his 21designee. 22 (7) The director of the Louisiana State Law Institute or his designee. 23 (8) The president of the Public Affairs Research Council of Louisiana or his 24designee. 25 (9) The president and chief executive officer of the Council for A Better Louisiana 26or his designee. 27 (10) The chief executive officer of the Louisiana Association of Health Plans or his 28designee. 29 (11) The executive director of the Louisiana Workforce Commission or his designee. Page 3 of 5 HLS 16RS-1387 ENGROSSED HCR NO. 86 1 (12) A member of the Louisiana House of Representatives appointed by the speaker 2of the House of Representatives. 3 (13) A member of the Louisiana Senate appointed by the president of the Senate. 4 BE IT FURTHER RESOLVED that the secretary of the Department of Health and 5Hospitals shall take such actions as are necessary to ensure that the study group convenes 6on or before September 30, 2016. 7 BE IT FURTHER RESOLVED that at its initial meeting, the study group shall elect 8a chairperson and shall adopt rules of procedure and any other policies it deems necessary 9to facilitate its work. 10 BE IT FURTHER RESOLVED that the study group shall meet on dates and at times 11and places designated by the chairperson. 12 BE IT FURTHER RESOLVED that the members of the study group shall serve 13without compensation, except per diem or expense reimbursement to which they may be 14individually entitled by their respective employers. 15 BE IT FURTHER RESOLVED that in conducting the evaluation required by this 16Resolution, the study group shall consider as a model for the Louisiana Health Professions 17Institute the scope of practice review system of the state of Connecticut, any such system of 18another state addressed in the report of the Connecticut Legislative Program Review and 19Investigations Committee entitled "Scope of Practice Determination for Health Care 20Professions", the model which was proposed in Senate Bill No. 649 of the 2014 Regular 21Session of the Legislature, and any other model as may be selected by members of the 22committee. 23 BE IT FURTHER RESOLVED that the study group shall submit a written report of 24findings and recommendations concerning the prospective establishment of the Louisiana 25Health Professions Institute to the House Committee on Health and Welfare, the Senate 26Committee on Health and Welfare, the House and Governmental Affairs Committee, and the 27Senate and Governmental Affairs Committee no later than thirty days prior to the convening 28of the 2017 Regular Session of the Legislature. 29 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the 30secretary of the Department of Health and Hospitals, the chancellor of the Louisiana State Page 4 of 5 HLS 16RS-1387 ENGROSSED HCR NO. 86 1University Health Sciences Center at New Orleans, the chancellor of the Louisiana State 2University Health Sciences Center at Shreveport, the dean of the Tulane University School 3of Public Health and Tropical Medicine, the dean of the Southern University School of 4Nursing, the chief executive officer of the Louisiana Public Health Institute, the director of 5the Louisiana State Law Institute, the president of the Public Affairs Research Council of 6Louisiana, the president and chief executive officer of the Council for A Better Louisiana, 7the chief executive officer of the Louisiana Association of Health Plans, and the executive 8director of the Louisiana Workforce Commission. DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HCR 86 Engrossed 2016 Regular Session Hoffmann Creates a special study group to evaluate and make recommendations concerning the prospective establishment of an independent health professions scope of practice review committee to be known as the "Louisiana Health Professions Institute". Requires the study group to report findings and recommendations concerning the prospective establishment of the La. Health Professions Institute to the legislative committees on health and welfare and the legislative committees on governmental affairs no later than 30 days prior to the convening of the 2017 R.S. Page 5 of 5