Date: 02/12/2009

Final
BILL SUMMARY for SB09-167

SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES

Votes: View--> Action Taken:
Adopt prepared amendment L.001(Attachment G). The
Adopt prepared amendment L.002 (Attachment H). Th
Adopt prepared amendment L.003 (Attachment I). Th
Adopt prepared amendment L.004 (Attachment J). Th
Refer Senate Bill 09-167, as amended, to the Commi
PASS
Pass Without Objection
FAIL
PASS
PASS



04:14 PM -- Senate Bill 09-167

Senator Boyd introduced Senate Bill 09-167. The bill implements the recommendations of the Department of Regulatory Agencies (DORA) sunset review regarding the State Board of Chiropractor Examiners. Specifically, the bill continues the board until July 1, 2020, and makes other changes related to malpractice insurance requirements, grounds for discipline, and scope of practice for chiropractors. In addition, the bill creates a process through which a chiropractor can register with the board to perform chiropractic on dogs and horses. Three amendments were distributed to the committee L.001, L.002, and L.003 (Attachments G, H, and I). Amendment L.001 limits to five the number of unlicensed chiropractic assistants that may be supervised by a chiropractor. Amendment L.002 allows an applicant who lawfully practices chiropractic in another state to be granted a temporary license. Amendment L.003 removes the provisions of the bill concerning animal chiropractic.

09SenateHHS0212AttachG.pdf 09SenateHHS0212AttachH.pdf

09SenateHHS0212AttachI.pdf


04:18 PM --
Leo Boyle, Colorado Association of Acupuncturists and Colorado Veterinary Medical Association, testified in support of the bill.

04:19 PM --
Reiner Kremer, representing himself, testified in favor of the portion of the bill that increases the malpractice requirements for chiropractors. He testified in support of the bill. In response to a question from Senator Boyd, Mr. Kremer commented on amendment L.003, stating he would be opposed to striking the provisions of the bill concerning animal chiropractic.

04:22 PM --
Steve Schuster, Colorado Chiropractic Association, testified in support of the bill and in favor of amendments L.001 and L.002. He testified that he would not support amendment L.003. He responded to questions from Senator Schultheis regarding amendment L.001 and whether it was necessary to set a limit on the number of unlicensed persons that a chiropractor may supervise. Mr. Schuster responded to questions from Senator Newell regarding amendment L.002 and its provisions regarding temporary chiropractor licenses, stating the amendment will not unduly limit the practices of chiropractors who travel in the state for certain events. Mr. Schuster responded to questions from Senator Mitchell regarding the bill's provisions concerning animal chiropractic, and whether there should be protections for consumers of chiropractic services who have allergies to animals.

04:28 PM -- Mr. Boyle returned to the table to voice his opposition to amendment L.003.


04:31 PM

Senator Morse distributed amendment L.004 (Attachment J) which excludes colonic irrigation therapy from the definition of "chiropractic." Senator Carroll explained why the amendment was being offered, noting that the committee had discussed the issue when it considered the sunset review, but an amendment that was offered during the sunset review applied the exclusion only to the portions of the bill concerning animal chiropractic.

09SenateHHS0212AttachJ.pdf

04:33 PM --
Dr. Kremer returned to the table to respond to questions regarding amendment L.004. He stated that chiropractors are the only group that are specifically prohibited from performing colonic irrigation. He stated it is a restraint of trade to prohibit chiropractors from performing colonic irrigation when others can. Dr. Kremer responded to a question from Senator Tochtrop regarding whether the practice of colonic irrigation was part of the training curriculum for chiropractors, responding that it may be for some programs.

04:35 PM --
Diana Protopapa, Colorado Medical Society, testified in support of amendment L.004. She responded to a question from Senator Mitchell, stating that she believe that the practice should be prohibited for chiropractors.

04:39 PM --
Terry Snyder, Colorado Chiropractic Association, testified regarding the portion of the bill that addresses animal chiropractic. He stated that there are currently no regulations concerning animal chiropractic, but that the Board of Chiropractic Association will engage in rule making on the issue in order to ensure that consumers are protected.

04:41 PM --
Michael Nehring, representing himself, testified regarding his concerns regarding the portion of the bill that permits animal chiropractic. He stated that such chiropractors should be required to post signs stating that they are an animal treating chiropractic, and that, if chiropractors are permitted to treat animals, certain public protections should be put in place.


04:46 PM

Senator Boyd gave concluding remarks regarding the bill.
BILL:SB09-167
TIME: 04:46:27 PM
MOVED:Boyd
MOTION:Adopt prepared amendment L.001(Attachment G). The motion passed on a 6-2 roll call vote.
SECONDED:
VOTE
Carroll M.
Yes
Lundberg
Yes
Mitchell
Yes
Morse
Yes
Newell
No
Schultheis
No
Tochtrop
Yes
Boyd
Yes
Not Final YES: 6 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:SB09-167
TIME: 04:47:07 PM
MOVED:Boyd
MOTION:Adopt prepared amendment L.002 (Attachment H). The motion passed without objection.
SECONDED:
VOTE
Carroll M.
Lundberg
Mitchell
Morse
Newell
Schultheis
Tochtrop
Boyd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB09-167
TIME: 04:47:33 PM
MOVED:Schultheis
MOTION:Adopt prepared amendment L.003 (Attachment I). The motion failed on a 2-6 roll call vote.
SECONDED:
VOTE
Carroll M.
No
Lundberg
Yes
Mitchell
No
Morse
No
Newell
No
Schultheis
Yes
Tochtrop
No
Boyd
No
Not Final YES: 2 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:SB09-167
TIME: 04:49:44 PM
MOVED:Carroll M.
MOTION:Adopt prepared amendment L.004 (Attachment J). The motion passed on a 5-3 roll call vote.
SECONDED:
VOTE
Carroll M.
Yes
Lundberg
No
Mitchell
Yes
Morse
Yes
Newell
No
Schultheis
Yes
Tochtrop
No
Boyd
Yes
Not Final YES: 5 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:SB09-167
TIME: 04:53:53 PM
MOVED:Boyd
MOTION:Refer Senate Bill 09-167, as amended, to the Committee on Appropriations. The motion passed on a 7-1 roll call vote.
SECONDED:
VOTE
Carroll M.
Yes
Lundberg
Yes
Mitchell
Yes
Morse
Yes
Newell
Yes
Schultheis
No
Tochtrop
Yes
Boyd
Yes
Final YES: 7 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS