Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES

Date:04/09/2007
ATTENDANCE
Time:01:34 PM to 04:24 PM
Gagliardi
X
Green
*
Place:LSB A
Kefalas
*
Kerr J.
X
This Meeting was called to order by
Primavera
X
Representative McGihon
Riesberg
X
Roberts
X
This Report was prepared by
Stafford
X
Kelly Stapleton
Swalm
*
Frangas
X
McGihon
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB07-217
SB07-212
HB07-1192
SB07-208		Amended, Referred to the Committee of the Whole
Referred to the Committee of the Whole
Tabled - Deemed Postponed Indefinitely
Amended, Referred to the Committee of the Whole


01:35 PM -- Senate Bill 07-217

Representative Benefield presented SB 217 which will clarify and amend certain requirements for prescription drug wholesalers. Representative Benefield stated that this bill is a recommendation from the Board of Pharmacy.

01:38 PM -- Matthew VanHook, Pharma, testified in support of the bill. He stated he was present to speak to the drug distribution system. He stated this bill will help further what has already been accomplished and will tighten up some of the gaps that remain. Mr. VanHook clarified federal law regarding wholesale distribution of prescription drugs. Mr. VanHook stated he would like the following language added on page 3, line 7: "when conducting intra-company distributions to a pharmacy." He stated this language is necessary because without it, there could be unintended consequences.

01:50 PM -- Susan Miller, Department of Regulatory Agencies, testified in support of the bill. Ms. Miller stated that appropriate checks and balances will remain intact with this bill. Ms. Miller stated that these bills can be rather complicated and that this bill is a recommendation by the Board of Pharmacy. Ms. Miller stated that Mr. VanHook's clarification is sufficient, but that there may be other individuals that have a different opinion with regard to the specific language.









01:55 PM -- Chris Howes, Colorado Retail Council, testified in support of the bill. Mr. Howes stated he likes the bill as is and asked the committee to not amend it. He stated there are some disagreements but he supports the bill as it is written. Mr. Howes provided a handout from the National Association of Chain Drug Stores with regard to their support of the bill (Attachment A).

02:02 PM -- Susan Cox, Kaiser Permenente, testified in support of the bill. Ms. Cox stated she has not considered the amendment that Mr. VanHook mentioned, but as the bill stands today, she is in support of it.

02:04 PM -- Brad Young, Rx Plus Pharmacies, testified in support of the bill. Mr. Young provided a handout with respect to federal law and a pending lawsuit with the U.S. government (Attachment B). Mr. Young provided some clarity as to what the federal lawsuit states and its implications.

02:09 PM -- Linda Pryor, Pfizer, testified in support of this bill. Ms. Pryor provided some history behind the legislation. Ms. Pryor stated that approximately 10 percent of drugs sold globally are counterfeit.
BILL:SB07-217
TIME: 02:18:08 PM
MOVED:Riesberg
MOTION:Motion to adopt amendment L.004 (Attachment C). This amendment refers to the language Mr. VanHook suggested. The motion passes on a 7-4 roll call vote.
SECONDED:Frangas
VOTE
Gagliardi
No
Green
No
Kefalas
Yes
Kerr J.
Yes
Primavera
No
Riesberg
Yes
Roberts
Yes
Stafford
Yes
Swalm
Yes
Frangas
Yes
McGihon
No
Not Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS
















BILL:SB07-217
TIME: 02:22:58 PM
MOVED:Swalm
MOTION:Motion to pass amended SB 217 to the Committee on the Whole. The motion passed on a 11-0 roll call vote.
SECONDED:Stafford
VOTE
Gagliardi
Yes
Green
Yes
Kefalas
Yes
Kerr J.
Yes
Primavera
Yes
Riesberg
Yes
Roberts
Yes
Stafford
Yes
Swalm
Yes
Frangas
Yes
McGihon
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


02:24 PM -- Senate Bill 07-212

Representative Marshall presented SB 212 which will allow short term child care facilities operated on a limited basis by a county Department of Social Services or a court to provide child care while the child's parents are conducting business with the court. Representative Marshall stated there are several requirements to the bill including that the facility be inspected at least once a year, that all employees of the facility obtain fingerprint-based criminal history checks, and prohibiting the hiring of any person who has been convicted of a felony. Representative Marshall stated there are currently three facilities that this law would affect.

02:30 PM -- Anna Jo Haynes, Mile High Montessouri, testified in support of the bill. Ms. Haynes stated their mission is to provide child care to low income families. They have two facilities that provide drop-in child care. Ms. Haynes stated that as current law stands, they are not permitted to take children under 1 year old, but in fact a bulk of their clients are children under the age of 1.

02:35 PM -- Michelle Zeutzus, Court Child Center, testified in support of the bill. Ms. Zeutzus provided some information about the child care center as it runs currently. Ms. Zeutzus testified to the under 1 year old requirement, the immunization requirements, and the maximum hourly requirements (referring to the law that states that child care may not be permitted for more than 15 hours in one given week). Ms. Zeutzus stated that several clients may be under the age of 1 and may need to come 2 or 3 times in one given week.

02:38 PM -- Pat Ratliff, Colorado Counties Inc. (CCI), testified in support of the bill. Ms. Ratliff stated that there are only 3 facilities that offer this service, but that there could be more in the future.








02:39 PM -- Melanie Mills, Colorado Ski Company USA, testified in support of the bill. Ms. Mills provided some history regarding the guest child care, or drop-in child care facilities regulation. Ms. Mills stated that the set of requirements put forth thus far have worked very well.

02:41 PM -- Nan Morehead, Department of Human Services, testified in support of the bill. Ms. Morehead stated the facility at the department is a wonderful facility and provides a safe environment for children.


02:45 PM

Representative Marshall provided a wrap up to the bill.
BILL:SB07-212
TIME: 02:46:17 PM
MOVED:Stafford
MOTION:Motion to pass SB 212 to the Committee of the Whole. The motion passed on a 11-0 on a roll call vote.
SECONDED:Green
VOTE
Gagliardi
Yes
Green
Yes
Kefalas
Yes
Kerr J.
Yes
Primavera
Yes
Riesberg
Yes
Roberts
Yes
Stafford
Yes
Swalm
Yes
Frangas
Yes
McGihon
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


02:47 PM -- House Bill 07-1192

House Bill 1192 regarding the regulation of naturopathic doctors, was referred back to the Committee on Health and Human Services from the Committee on Appropriations. Representative Labuda provided some history about the process this bill has been through. Representative Labuda stated there has been much work on this bill and that there are some issues still left with the bill. She asked that the bill be postponed indefinitely.












BILL:HB07-1192
TIME: 02:50:09 PM
MOVED:Stafford
MOTION:Motion to postpone HB 1192 indefinitely. The motion passed on a 11-0 roll call vote.
SECONDED:Gagliardi
VOTE
Gagliardi
Yes
Green
Yes
Kefalas
Yes
Kerr J.
Yes
Primavera
Yes
Riesberg
Yes
Roberts
Yes
Stafford
Yes
Swalm
Yes
Frangas
Yes
McGihon
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


02:55 PM -- Senate Bill 07-208

Representative Green, presented SB 208, which will extend the sunset review date for audiologists and hearing aid providers to July 1, 2012. Additionally, the bill will require audiologists to become licensed, where they are currently registered, through the Department of Regulatory Agencies (DORA). Representative Green stated there are other requirements in the bill that provide clarity to the current law. Representative Green stated she will offer one amendment, amendment L.044 (Attachment D) which is at the request of the Department of Regulatory Agencies.

03:03 PM -- Cindy Hoest, Colorado Hearing Society, testified in support of SB 208. She stated she owns a hearing aid company in Glenwood Springs and services quite a large territory. Ms. Hoest stated she has provided hearing aids for years. She stated they support amendment L.037 (Attachment G).


03:09 PM

Brief recess to review various amendments.















03:26 PM

The committee asked several questions of the witness Cindy Hoest.

03:33 PM -- Rod Kobach, concerned citizen, testified in support of the bill. Mr. Kobach stated his daughter is hearing impaired. He stated he had to drive from Craig to testify today. Mr. Kobach stated that he will have to drive to the nearest town where an audiologist is licensed in order for any repairs to be done on his daughter's hearing aid. Currently Ms. Hoest comes to Craig and repairs his daughter's hearing aid which is very convenient.

03:41 PM -- Paul Decker, Advanced Hearing Centers, testified in support of the bill. Mr. Decker spoke to amendment L.047 (Attachment E).

03:46 PM -- James Simons, Colorado Hearing Society, testified in support of SB 208. Mr. Simons provided a handout (Attachment F) in support of the bill.

03:52 PM -- Glen Gardner, concerned citizen, testified in support of the bill.

03:53 PM -- Buddy Jewell, Colorado Hearing Society, testified in support of the bill.

03:53 PM -- Christine Gerhardt Jewell, concerned citizen, testified in support of the bill.

03:54 PM -- Susan Gabbard, Colorado Academy of Audiology, testified in support of the bill. Ms. Gabbard stated this bill strengthens the current law.

03:56 PM -- Jack Berry, Colorado Medical Society, testified in support of the bill.

04:00 PM -- Charlie Hebeler, Colorado Academy of Audiology, testified in support of the bill. Ms. Hebeler stated she supports amendments L.037 (Attachment G) and L.038 (Attachment H). Ms. Hebeler stated amendment L.040 (Attachment I) and amendment L.041 (Attachment J) are companion amendments. Ms. Hebeler also stated she supports amendment L.044 (Attachment D) which is an amendment offered from the Department of Regulatory Agencies (DORA).

04:10 PM -- Rose McCool, Department of Regulatory Agencies, and Brian Tobias, Department of Regulatory Agencies, were available for questions from the committee. Ms. McCool provided some background on regulating provisions of the bill.



















BILL:SB07-208
TIME: 04:18:16 PM
MOVED:Frangas
MOTION:Motion to adopt prepared amendment L.040 (Attachment I). The motion passed without objection.
SECONDED:Frangas
VOTE
Gagliardi
Green
Kefalas
Kerr J.
Primavera
Riesberg
Roberts
Stafford
Swalm
Frangas
McGihon
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB07-208
TIME: 04:21:40 PM
MOVED:Frangas
MOTION:Motion to adopt prepared amendment L.038 (Attachment H). The motion passed without objection.
SECONDED:McGihon
VOTE
Gagliardi
Green
Kefalas
Kerr J.
Primavera
Riesberg
Roberts
Stafford
Swalm
Frangas
McGihon
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection








BILL:SB07-208
TIME: 04:18:36 PM
MOVED:Frangas
MOTION:Motion to adopt prepared amendment L.037 (Attachment G). The motion passed without objection.
SECONDED:McGihon
VOTE
Gagliardi
Green
Kefalas
Kerr J.
Primavera
Riesberg
Roberts
Stafford
Swalm
Frangas
McGihon
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB07-208
TIME: 04:22:17 PM
MOVED:Frangas
MOTION:Motion to adopt prepared amendment L.041(Attachment J). The motion passed without objection.
SECONDED:McGihon
VOTE
Gagliardi
Green
Kefalas
Kerr J.
Primavera
Riesberg
Roberts
Stafford
Swalm
Frangas
McGihon
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB07-208
TIME: 04:22:37 PM
MOVED:Green
MOTION:Motion to adopt prepared amendment L.044 (Attachment D). The motion passed without objection.
SECONDED:Stafford
VOTE
Gagliardi
Green
Kefalas
Kerr J.
Primavera
Riesberg
Roberts
Stafford
Swalm
Frangas
McGihon
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB07-208
TIME: 04:23:17 PM
MOVED:Green
MOTION:Motion to refer amended SB 208 to the Committee on the Whole. The motion passed on a 11-0 roll call vote.
SECONDED:Gagliardi
VOTE
Gagliardi
Yes
Green
Yes
Kefalas
Yes
Kerr J.
Yes
Primavera
Yes
Riesberg
Yes
Roberts
Yes
Stafford
Yes
Swalm
Yes
Frangas
Yes
McGihon
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


04:24 PM

The committee adjourned.