STAFF SUMMARY OF FIRST MEETING OF

FIRST CONFERENCE COMMITTEE ON SB10-109


Date:04/08/2010
ATTENDANCE
Time:08:40 AM to 09:04 AM
Spence
X
McCann
X
Place:SCR 352
Johnston
X
Rice
X
This Meeting was called to order by
Massey
X
Senator Romer
Romer
X
This Report was prepared by
Elizabeth Burger


08:40 AM

Senator Romer called the conference committee to order. Draft conference committee report CLSB 109.001 (Attachment A) was distributed to the committee.

10ConfCommSB109AttachA.pdf

08:41 AM

Michael Dohr, Office of Legislative Legal Services, described the provisions of the draft report. The draft report adopts the rerevised bill, with amendments. The amendments contained in the draft report require patients between the ages of 18 and 23 to receive written recommendations from two physicians in good standing to apply for the medical marijuana registry. In addition, the amendments allow the state Department of Public Health and Environment to collect a fee for the costs of administering the medical marijuana registry and for the costs of the Board of Medical Examiners associated with investigating and prosecuting referrals for physicians in relation to the medical marijuana registry. Finally, the draft report adds a severability clause to the bill. Senator Romer discussed his position on the draft report. Senator Spence discussed whether one of the doctors authorized to approve a medical marijuana card for individuals between the ages of 18 and 23 should be a psychologist. Senator Romer stated his opinion that a patient should have to seek out the opinion of two doctors who have bona fide relationships with the patient and who do not have relationships with medical marijuana dispensaries, and that it should not be required that one of the doctors be a psychologist.

08:47 AM

Representative Massey asked if a hardship waiver should be included for indigent patients. Senator Romer and Representative Massey discussed whether an amendment waiving the requirement for a second opinion based on indigency should be included in the draft report. Representative McCann discussed her position on creating a separate process for individuals aged 18 to 23 who apply for the marijuana registry. Senator Romer stated that the opinion of the medical community is that there is a risk associated with individuals in that age group and in his anecdotal experience, he knows of individuals in that age group who were able to access the registry without being chronically ill. He stated that his goal is to reduce doctor fraud.





08:53 AM

Diana Protopapa and Bruce Madison, Colorado Medical Society, came to the table to respond to questions from Representative Rice regarding whether there are any current statutory requirements that require individuals in certain age groups to seek a second opinion for certain conditions. Ms. Protopapa and Mr. Madison explained that they were not aware of any existing requirements for a second opinion. Ms. Protopapa discussed her concerns with requiring that one of the doctors be a psychologist. Dr. Madison discussed the effect of medical marijuana on the brain development of young adults. Senator Spence and Senator Johnson discussed their opinions on whether a separate process should be created for individuals aged 18 to 23 years. Senator Romer emphasized that the bill, as amended by the draft conference committee report, will contain a severability clause in the case that certain portions of the bill are challenged in court. Dr. Madison responded to questions from Representative Massey regarding patient medical histories.

08:59 AM

Senator Romer moved the draft report. Representative Massed moved a conceptual amendment to allow the Department of Public Health and Environment to promulgate rules specifying that the second opinion may be waived for individuals between the ages of 18 and 23 if they can demonstrate a financial hardship. The committee discussed the proposed amendment.
BILL:SB10-109
TIME: 08:59:30 AM
MOVED:Massey
MOTION:Amend CLSB109.001 to allow the Department of Public Health and Environment to promulgate rules specifying that a second opinion may be waived for individuals between the ages of 18 and 23 if they can demonstrate a financial hardship. The motion passed without objection.
SECONDED:
VOTE
Spence
McCann
Johnston
Rice
Massey
Romer
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB10-109
TIME: 09:03:02 AM
MOVED:Romer
MOTION:Adopt CLSB109.001, as amended. The motion passed on a 6-0 roll call vote.
SECONDED:
VOTE
Spence
Yes
McCann
Yes
Johnston
Yes
Rice
Yes
Massey
Yes
Romer
Yes
Final YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

09:03 AM

The conference committee adjourned.