SENATE COMMITTEE ON BUSINESS AND ECONOMIC DEVELOPMENT

 

 

March 15, 2005                                                                                                       Hearing Room B

1:00 P.M.                                                                                                                     Tapes  39 - 40

 

MEMBERS PRESENT:         Sen. Rick Metsger, Chair

Sen. Bruce Starr, Vice-Chair

Sen. Jason Atkinson

Sen. Ryan Deckert

Sen. Laurie Monnes Anderson

 

STAFF PRESENT:                 Theresa Van Winkle, Committee Administrator

James Goulding, Committee Assistant

 

MEASURES/ISSUES HEARD:

                                                SB 572 – Public Hearing

                                                SB 211 – Public Hearing

                                                SB 773 – Public Hearing

 

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 39, A

003

Chair Metsger

Calls the committee to order at 1:06 p.m.  Opens a public hearing on SB 572.

SB 572 – PUBLIC HEARING

015

Brian DeLashmutt

Oregon Nurses Association (ONA).  Makes opening remarks in support of SB 572.  Discusses the ONAs overall legislative priorities and the importance of SB 572.  Talks about the working conditions and employment shortages in nursing.  Describes the importance of addressing a way to protect nurses from workplace violence.

060

DeLashmutt

Explains the process by which workplace violence can be dealt with and addressed.

080

Kelly Maggi

Nurse, ONA.  Testifies in favor of SB 572.  Defines “Magnet” facilities that attract new nurses to the medical field.  Explains the guidelines and prevention methods employed at her hospital to deter violence.    

120

Maggi

Relates an incident of workplace violence in which a nurse struck back after being assaulted by a patient.   Details other such incidents and her hospital’s “Code Green” response. 

165

Maggi

Continues describing acts of violence by patients against nurses and the apathy often displayed by hospital administration and staff.

195

Mary Lou San Blise

Psychiatric Nurse, ONA.  Testifies in favor of SB 572.  Observes a dramatic increase in workplace violence and a decline in proper response from hospitals.  Implores the committee to provide a higher level of safety to hospital employees. 

230

San Blise

Continues to describe hospital employees current inability to protect themselves from belligerent patients. 

265

San Blise

Describes the zero tolerance for violence exhibited at San Diego hospitals.  Points out the decline in violent incidents.

280

Chair Metsger

Asks about language in the bill that would allow for physical restraint of patients.

287

DeLashmutt

Clarifies the language in regards to the intent.

295

Chair Metsger

Wonders if the nurses themselves would restrain the patients.

300

San Blise

Relays that the nurses would most likely perform the restraints.

307

Chair Metsger

Expresses concern about the level of force allowed for in a counter assault by nursing staff.

315

DeLashmutt

Replies that it is not the intent.

320

Chair Metsger

Asks question regarding who it will cover. Asks if it will cover the Oregon State Hospital and the Oregon Health Science University (OHSU).

325

DeLashmutt

Replies yes.

327

Sen. Monnes Anderson

Inquires if most hospitals already have standing security procedures.

337

San Blise

Replies that it varies by individual hospitals.

345

Maggi

Offers that at her hospital they can only restrain patients that are harming themselves.

353

DeLashmutt

Says they need to examine the current procedures and see where changes are needed.  Clarifies additional language in the bill.

395

DeLashmutt

Reiterates examples given on nursing staff being repeatedly abused by the same patient. 

420

Sen. Monnes Anderson

Wonders about psychiatric patients that might be going through a manic episode.

TAPE 40, A

005

San Blise

Replies that institutions could use psychiatric restraints as well as physical restraints.  Discusses the double standard of violence committed against nurses as opposed to other citizens.

020

Sen. B. Starr

Expresses disbelief that people assaulted at hospitals are not already covered by the law.

030

DeLashmutt

Offers that they are covered, but in hospitals they are often overlooked.  Discusses the need to track and respond to incidents in hospitals.

045

San Blise

States in home nurses may not have the capability to call for help.

063

DeLashmutt

Notes that they are not talking about self defense devices, but electronics such as panic buttons.

070

Sen. B. Starr

Asks about the reasoning behind language on page 2, lines 31 and 32 of SB 572.

073

DeLashmutt

Replies that it is in reaction to the threat of retaliation.

079

Sen. Deckert

Wonders why the state would change statute for hospitals instead of a hospital establishing their own procedures.

085

San Blise

Outlines a hospitals’ desire to look good to the media and community.  Feels hospitals are reluctant to take action, admit fault, or report incidents. 

107

Chair Metsger

Thanks witnesses for their testimony and asks that they provide more specific data on the problem.  Calls for the next group set to testify.

120

Bruce Bishop

Oregon Association of Hospitals and Health Systems (OAHHS).  Presents written testimony in opposition to SB 572 (EXHIBIT A).

175

Bishop

Continues testimony in opposition to SB 572, citing that sufficient laws are already in place and the language of the bill is unclear on a number of topics.

220

Bishop

Discusses unclear language regarding hospital employee retaliation.

255

Bishop

Concludes by discussing the hospital liability issues implicated in the measure.

280

Dave Fiskum

Providence Health System.  Testifies in opposition to SB 572. Provides written testimony of Kathy Johnson (EXHIBIT B), a nurse who was unable to attend the hearing.  Discusses attempts to find common ground on this issue. 

330

Fiskum

Continues to relate opposition to the bill.  Feels that they may want to involve the police on the issue since they will be affected by the measure.  Hopes to reach an agreement.

360

Sarah Reeder

Oregon Association for Home Care.  Testifies in opposition to SB 572.  Describes the current standards and risks of those in the home nursing industry.  Explains her description of proactive procedures in place to protect nurses from violence.

400

Reeder

Notes that it is often the responsibility of a nurse to assure a safe work environment when working in a home.

TAPE 39, B

005

Reeder

Highlights additional questions about SB 572 and notes the redundancy of some of its intent.

025

Chair Metsger

Considers section 7 of the bill. Asks about current requirements for workplace violence training.

027

Bishop

Replies he does not know at this time, but will get the information to the committee.

033

Sen. Deckert

Asks what JCAHO is.

035

Chair Metsger

Explains that it is the Joint Commission on Accreditation of Healthcare Organizations (JCAHO).

043

Jolyn Zeller

American Psychiatric Nurses Association.  Testifies in favor of SB 572.  Advocates the need for better safeguards for nurses.

050

Chair Metsger

Ask what hospital she works at.

052

Zeller

Replies she works at the Oregon State Hospital.

055

Gail Birkey

Testifies in favor of SB 572.  Notes that patients are aware of the gaps in law that allow them to assault nurses.  Observes acts of violence against nurses on a daily basis.  Discusses the recent incident of a patient attacking on a colleague of hers.

080

Chair Metsger

Questions the incidents of hospital administration refusing to help.  Asks for personal recollections of this occurring.

090

Zeller

Replies it is part of the hospital culture.

097

Birkey

Relates one instance where a patient was charged.

110

Steven Deyerle

Mental Health Assistant, Salem Hospital.  Relates violence he has experienced from patients and the apathy of hospital administration.

120

Chair Metsger

Clarifies that he asked his supervisor for help.

123

Deyerle

Replies that he was granted permission to charge the patient, but feels it is not a common practice.  Discusses the need to have a safe workplace.

137

Chair Metsger

Asks how long he has worked at the hospital and what kind of training he has received to deal with violence.

140

Deyerle

Reports that he has been at the hospital for nine or ten years and that he has received workplace violence training every year. Explains what the training includes.

150

Sen. Monnes Anderson

Asks if the hospital tracks the number of instances of workplace violence.

155

Deyerle

Notes that they must track it somewhere.

175

Marvin Fickle

Superintendent, Health Services, Oregon State Hospital, Oregon Department of Human Services.  Presents testimony in opposition to SB 572 (EXHIBIT C).  Talks about data collected on incidents of violence.

200

Sen. Monnes Anderson

Asks if the data is public.

203

Fickle

Points out that information is readily available.  Continues to present written testimony.

233

Joe Thurman

Registered Nurse, Oregon State Hospital.  Testifies in favor of SB 572.

285

Mary Botkin

American Federation of State ,County and Municipal Employees, AFL-CIO Council 75. Notes that Mr. Thurman deals with some very violent mentally ill patients.  Testifies on SB 572. 

330

Botkin

Feels hospital workers need some ability to defend themselves.  Discusses appropriate force and when to use it.  Relates that there previously were not any laws regarding abuse of prison workers by inmates.

365

Botkin

Relates that hospital staff do not have body alarms to allow the staff to be alerted to problems.

395

Botkin

Mentions the Methamphetamine epidemic and that nurses are often the first to deal with violent patients.

The following prepared testimony is submitted for the record without public testimony:

 

OSBN

Oregon State Board of Nursing (OSBN). Submits written testimony for the record without public testimony (EXHIBIT E).

400

Chair Metsger

Discusses that a work group will be held on this topic. Closes public hearing on SB 572 and opens public hearing on SB 211.

SB 211 – PUBLIC HEARING

TAPE 40, B

005

Frederick Boss

Chief Counsel of the Civil Enforcement Division of the Oregon Department of Justice. Presents written testimony in support of SB 211 (EXHIBIT F). Submits SB 211 -1 amendments (EXHIBIT G). Testifies in support of SB 211.

040

Chair Metsger

Asks question regarding comment about federal covered securities.

045

Boss

Explains.

047

Chair Metsger

Asks why.

048

Boss

Talks about regulatory authority and primary focus.

050

Chair Metsger

Clarifies testimony that he does not currently have the authority to investigate what he thinks is fraudulent practice of some of the firms.

055

Boss

Replies yes.

070

Sen. B. Starr

Requests additional examples of where SB 211 would come into play.

075

Boss

Offers additional examples.

085

Chair Metsger

Asks that Mr. Boss get the information to committee members.  Closes public hearing on SB 211 and opens a public hearing on SB 773.

SB 773 – PUBLIC HEARING

100

Sen. Bill Morrisette

Represents Senate District 6.  Testifies in favor of SB 773.

115

Craig Durbin

Lieutenant, Drug Enforcement Section Commander, Oregon State Police.  Presents written testimony packet on SB 773 (EXHIBIT H).

150

Durbin

Discusses thumbprint technology to prevent identity theft.

185

Durbin

Talks about previous efforts to combat methamphetamine.

203

Chair Metsger

Reports that SB 1002 will be carried over due to time constraints.  Asks Mr. Barrows to testify.

205

Dave Barrows

National Money Transmitters Association.  Testifies in opposition to SB 773.  Appreciates the intent of the bill, but feels that it is the wrong way to address the problem.  Describes the Federal Bank Secrecy Act and notes the fine in failing to comply.  Offers that SB 773 would conflict with federal law.

250

Barrows

Relays that no other states employ this method and that two other states tried it and abandoned the program.  Talks about the lack of training for those taking the thumbprints and properly storing them.  Observes that this will only move money launderers into underground methods of fund transfers.

275

Barrows

Concludes by suggesting authority be given to a state agency to go after this program.  Asks that they seek another way to approach the problem.

310

Sen. Monnes Anderson

Asks how thumb printing will counter illicit fund transfers.

317

Durbin

States that it works because those moving the funds do not want to be identified.  Observes the reductions in Oklahoma under a similar system. 

350

Durbin

Says the intent is to make them use other fund transfer methods, making it difficult on their operations. 

377

Sen. B. Starr

Wonders if this would apply to a person writing a check in excess of $2,000.

387

Durbin

Agrees that it would. 

395

Sen. B. Starr

Says that the bill would not impact banks.

400

Chair Metsger

Asks Mr. Durbin to respond to Mr. Barrow’s question in regards to the taking of thumbprints.

407

Durbin

Clarifies that the process of thumb printing in and of itself would reduce this problem.  Reiterates the desire not to be identified.  Addresses the storage and taking of thumbprints.

440

Chair Metsger

Summarizes Mr. Durbin’s testimony. 

460

Barrows

Says that they will just use another system.  Describes the complications involved.

477

Chair Metsger

Closes public hearing.  Adjourns the committee at 3:01 p.m.

 

 

EXHIBIT SUMMARY

 

  1. SB 572, written testimony, Bruce Bishop, 10 pp
  2. SB 572, written testimony, Kathy Johnson, 2 pp
  3. SB 572, written testimony, Marvin Fickle, 2 pp
  4. Not Used
  5. SB 572, written testimony, Oregon State Board of Nursing (OSBN), 1 p
  6. SB 211, written testimony, Frederick Boss, 1 p
  7. SB 211, -1 amendments, Frederick Boss, 2 pp
  8. SB 773, informational packet, Craig Durbin, 27 pp