Bill Summary for Bill Number SB10-109

Date: 04/22/2010

Final
BILL SUMMARY for SB10-109

COMMITTEE ON CONFERENCE COMMITTEE

Votes: View-->	Action Taken:
Adopt a conceptual amendment to draft report CLSB Adopt the draft conference committee report CLSB 1 Limit the fees collected for the next two years to	Pass Without Objection PASS Pass Without Objection

08:32 AM

Senator Romer called the conference committee to order. Draft conference committee report CLSB 109.002 (Attachment A) was distributed to the committee. The report adopts the amendments made in the rerevised bill with the following changes: (1) until July 1, 2012, it allows fees from the Medical Marijuana Cash Fund to be used for the cost of investigating and prosecuting physicians who are referred by the Department of Public Health and Environment to the State Board of Medical Examiners in relation to the medical marijuana program; (2) adds a sunset date of July 1, 2019, to the bill's provisions, and (3) adds a severability clause to the bill.

08:33 AM

Senator Steadman asked about the draft report's inclusion of a 2019 sunset date. Representative Weissmann explained that the date will coincide with the next sunset date for the Board of Medical Examiners. Senator Romer commented on his belief that the provisions of the bill should be included in the Medical Practice Act. The committee discussed whether the report should more directly tie the sunset of the bill's provisions with the sunset date of the Board of Medical Examiners.

08:36 AM

Diana Protopapa and Dr. Bruce Madison, Colorado Medical Society, came to the table to respond to committee questions regarding whether the provisions of Senate Bill 10-109 should be tied more closely with the Medical Practice Act. They stated that the Medical Society does not object to the inclusion of a July 1, 2019, sunset date on the bill's provisions. Senator Steadman moved a conceptual amendment to the draft report directing the Department of Regulatory Agencies (DORA) to examine, in its 2019 sunset review of the Board of Medical Examiners, physician responsibilities with regard to the medical marijuana program and to also review of the provisions of Senate Bill 10-109 at the time of the sunset review.


BILL:	SB10-109
TIME:	08:39:38 AM
MOVED:	Steadman
MOTION:	Adopt a conceptual amendment to draft report CLSB 109.002 (Attachment A) directing DORA to examine, in its 2019 sunset review of the Board of Medical Examiners, physician responsibilities with regard to the medical marijuana program and to also review of the provisions of Senate Bill 10-109 at the time of the sunset review. The motion passed without objection.
SECONDED:
		VOTE
	McCann
	Spence
	Weissmann
	Steadman
	Romer
	Massey

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

08:39 AM

Senator Steadman discussed his thoughts on the fee provisions of the draft report, stating that he believed the costs of investigating and prosecuting physicians in relation to the medical marijuana program should be borne by physicians. The committee discussed the issue. Senator Steadman moved an amendment to the draft report specifying that moneys in the Medical Marijuana Cash Fund may be used to investigate and prosecute up to 5 physicians per year for each of the next two years.

08:43 AM

The committee discussed the amendment. Karin McGowan, Department of Public Health and Environment, testified regarding the department's position on the amendment.

08:44 AM

Dr. Bruce Madison, Colorado Medical Society, discussed the society's position on whether physicians' licensing fee should be increased to cover the costs of the investigations, stating that they society is in opposition to increased licensing fees. Representative Weissmann stated that he believed physicians should bear the costs of the investigations. Diana Protopapa, Colorado Medical Society, testified that there is opposition among the doctors to increasing licensing fees to investigate and prosecute doctors in relation to the medical marijuana program because most physicians do not use the program. She stated that the society supports the amendment proposed by Senator Steadman because the costs of the investigations will be borne by the Medical Marijuana Cash Fund for the first two years. Ms. Protopapa further articulated the reasons why the doctors do not support the fee increase for investigations related to the program. Dr. Madison expressed his disappointment that the draft report does not contain a provision related to additional requirements for individuals aged 18 to 23 to access the medical marijuana program. The conference committee further discussed the issue.


BILL:	SB10-109
TIME:	08:51:14 AM
MOVED:	Steadman
MOTION:	Amend the draft conference committee report, CLSB 109.002, page 2, paragraph (b), before "physicians" insert "up to five", and after "physicians" insert "per year". Adopt the same change to the provisions of paragraph (c) that appear on page 3 of the draft report. The motion passed without objection.
SECONDED:
		VOTE
	McCann
	Spence
	Weissmann
	Steadman
	Romer
	Massey

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB10-109
TIME:	08:52:17 AM
MOVED:	Steadman
MOTION:	Adopt the draft conference committee report CLSB 109.002 (Attachment A), as amended. The motion passed on a 4-2 roll call vote.
SECONDED:
		VOTE
	McCann	Yes
	Spence	Yes
	Weissmann	No
	Steadman	Yes
	Romer	No
	Massey	Yes

Final YES: 4 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

08:53 AM

The conference committee adjourned.