Senate approves joint committee study to hire independent consultant on scope of practice with added safeguards

Sponsor presented Senate Bill 6 20 to establish a joint Senate and House public health committees' procurement process to select an independent consultant to study medical scope‑of‑practice issues and recommend legislative changes. The bill sets topics for analysis — including health‑care needs of the state, interstate best practices, reimbursement rates, and barriers to retaining professionals — and directs a report by Sept. 1, 2020. The Bureau of Legislative Research would support data collection and the consultant selection process.

Members asked whether the committee can obligate funding and whether the committee or ALC would have final authority to approve consultant contracts. Marty Garrity with the Bureau of Legislative Research clarified committees may carry out procurement steps and select a consultant for the bureau, but that the bureau cannot enter consultant contracts without legislative counsel (ALC) approval; final contracting authority rests with the appropriate counsel process.

One provision would make "any attempt to achieve a desired result in the work and final report of the consultant" potentially a class C misdemeanor. Several members said that language, as written, could expose committee members or third parties to criminal liability for innocuous communications; the sponsor agreed to amend the bill in the House to add the word "knowingly" to limit criminal exposure. The sponsor said the intent is to protect the integrity of the consultant's work and keep the process free of outside influence.

Next steps: The committee approved the measure to move forward; the sponsor plans to add clarifying language about the mens rea standard and to present the amendment in the House.