Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON HEALTH, INSURANCE & ENVIRONMENT

Date:04/23/2013
ATTENDANCE
Time:10:41 AM to 12:49 PM
Conti
*
Fields
X
Place:HCR 0107
Ginal
X
Humphrey
*
This Meeting was called to order by
Joshi
X
Representative McCann
Primavera
X
Stephens
*
This Report was prepared by
Swalm
X
Amanda King
Young
X
Schafer
X
McCann
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB13-208
HB13-1310
HB13-1306		Referred to the Committee of the Whole
Referred to the Committee of the Whole
Amended, Referred to Legislative Council

10:41 AM -- Senate Bill 13-208

Representative McCann announced that the presentation by the Alzheimer's Association was unable to be rescheduled, but the Alzheimer's Association did provide a handout to the committee (Attachment A).

130423 AttachA.pdf130423 AttachA.pdf

Representative May presented Senate Bill 13-208 concerning limitations on drug paraphernalia laws. Current law exempts employees and volunteers of an approved syringe exchange program from being charged with a misdemeanor offense under state drug paraphernalia laws. The bill expands this exemption to include program participants.

10:43 AM -- Melanie Mattson, Colorado Department of Public Health and Environment, testified in support of the bill. She discussed Hepatitis C and HIV infection rates in Colorado, the benefits of syringe exchange programs, and the risk to public safety personnel by contaminated needles. Ms. Mattson responded to questions from the committee about the number of people who are infected with Hepatitis C or HIV but are unaware of their infection. Representative May responded to a question about whether the Department of Public Safety supports the bill.

10:49 AM -- Lisa Raville, Harm Reduction Action Center, testified in support of the bill. She discussed the occurrences of syringe exchange program participants being jailed for possessing syringes. Ms. Raville responded to a question from Representative Joshi concerning returned syringes in reference to a handout that was provided to the committee prior to the meeting. Ms. Raville stated her program has 3 staff members and 90 volunteers.



10:53 AM -- Carol Helwig, Colorado Association of Local Public Health Officials and Colorado Public Health Association, testified in support of the bill. She discussed the potential benefits of the bill and the syringe exchange program she manages in Boulder.

10:56 AM -- Jeff Thormodsgaard, Colorado Academy of Family Physicians, testified in support of the bill. He discussed the syringe exchange program approval process.

10:59 AM -- Art Way, Drug Policy Alliance, testified in support of the bill. He discussed how the bill will help promote better utilization of syringe exchange programs and ensure law enforcement practices statewide are consistent with public health objectives. Mr. Way responded to questions about his organization.

11:02 AM

Representative May made concluding remarks on the bill.
BILL:SB13-208
TIME: 11:03:04 AM
MOVED:Schafer
MOTION:Refer Senate Bill 13-208 to the Committee of the Whole. The motion passed on a vote of 9-2.
SECONDED:Ginal
VOTE
Conti
Yes
Fields
Yes
Ginal
Yes
Humphrey
No
Joshi
No
Primavera
Yes
Stephens
Yes
Swalm
Yes
Young
Yes
Schafer
Yes
McCann
Yes
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:04 AM -- House Bill 13-1310

Representative May presented House Bill 13-1310 concerning the repeal of a portion of the definition of a pharmacy intern. Under the Pharmacy Practice Act, a pharmacy intern is permitted to practice a limited scope of pharmacy under the supervision of a licensed pharmacist while progressing toward licensure. House Bill 13-1310 deletes the portion of the definition that includes a person licensed as a pharmacist in Colorado or another state, in good standing, and who is making the clinical rotations of the nontraditional pharmacy program at the University of Colorado, or other Pharmacy Board-approved program.

11:05 AM -- Kari Franson, University of Colorado Skaggs School of Pharmacy, testified in support of the bill.



11:07 AM

Representative Ginal commented on the bill.
BILL:HB13-1310
TIME: 11:07:46 AM
MOVED:Schafer
MOTION:Refer House Bill 13-1310 to the Committee of the Whole. The motion passed on a vote of 11-0.
SECONDED:Ginal
VOTE
Conti
Yes
Fields
Yes
Ginal
Yes
Humphrey
Yes
Joshi
Yes
Primavera
Yes
Stephens
Yes
Swalm
Yes
Young
Yes
Schafer
Yes
McCann
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:09 AM -- House Bill 13-1306

Representative McCann presented House Bill 13-1306 concerning creating a task force to consider persons who pose a threat of harm to themselves or others. The bill requires the Colorado Department of Human Services to convene a 27-member mental health and firearms task force to advise the General Assembly regarding issues surrounding the loss, maintenance, and restoration of the right to purchase and possess firearms by persons who, as a result of mental health issues, alcohol abuse, or substance abuse, are clearly dangerous to the health and safety of themselves or others. The bill specifically refers to individuals who:

The task force must meet at least five times, and the first meeting of the task force must occur no later than July 18, 2013. On or before January 15, 2015, the task force must submit a written report of its findings and recommendations to the House and Senate Judiciary Committees.

Representative McCann discussed potential amendments to the bill. Representative McCann responded to questions about how it would be discovered whether someone in a mental health hold possesses a gun and how many people with mental illness are included currently in the Colorado Bureau of Investigation database.


11:18 AM -- Joe Neville, Rocky Mountain Gun Owners, testified against the bill. He discussed mental health issues, gun ownership rights, and events such as the shootings at Columbine High School and the Aurora movie theater, as well as the Boston Marathon boming. Mr. Neville responded to questions from the committee about the differences between mental illness and evil, suicide rates among military members suffering from post-traumatic stress disorder, and mental health stigma. Mr. Neville responded to a comment from Representative Fields about the creation of a task force.

11:30 AM -- Bob Edmiston, Firearms Coalition of Colorado, testified in opposition of the bill. He provided a handout to the committee (Attachment B). He discussed adding language to the bill to appoint additional task force members, include a fair-hearing provision, and allow for the task force to issue a minority report. Mr. Edmiston responded to questions from the committee about language in the bill allowing for summaries of dissenting opinions in the final report of the task force, the members of the task force, and whether he opposes the creation of a task force.

130423 AttachB.pdf130423 AttachB.pdf

11:37 AM -- Lacey Berumen, Federation of Families for Children's Mental Health Colorado Chapter, testified in opposition to the bill. She provided two handouts to the committee (Attachments C and D). She discussed mental health stigma. Ms. Berman responded to questions from the committee about the responsibility of mental health practitioners to report someone who is at risk of harming themselves or others and issues related to mental health holds and second amendment rights.

130423 AttachC.pdf130423 AttachC.pdf130423 AttachD.pdf130423 AttachD.pdf

11:45 AM -- Ty Smith, Youth Voice, testified against the bill. He discussed his experience with the mental health system, mental health stigma, and the ability of youth to access mental health services. Mr. Smith discussed which organizations he is involved in.

11:49 AM -- Thomas Dillingham, Federation of Families for Children's Mental Health Colorado Chapter, testified against the bill. He stated the bill should focus on reducing gun violence, not on people with behavioral health issues. He discussed the task force membership and the need for unbiased evaluation of data. Mr. Dillingham responded to questions to about what entity should conduct a study on gun violence and behavioral health issues, and the need to increase access to mental health resources.

11:54 AM -- Arnold Salazar, Colorado Behavioral Healthcare Council, testified on the bill. He stated his organization is neutral on the bill. Mr. Salazar discussed mental health stigma, the possibility of creating barriers to treatment, and protecting public safety.

11:56 AM -- Mike Violette, Colorado Fraternal Order of Police, testified in support of the bill. He discussed reasonable access to mental health records and the task force created by the bill. Mr. Violette discussed post-traumatic stress disorder in response to a question from Representative Stephens. He responded to a question about his organization's position on previous gun legislation.

12:01 PM -- Peg Ackerman, County Sheriffs of Colorado, testified in support of the bill. Ms. Ackerman responded to a question about the involvement of her organization on the task force.


12:03 PM -- Renee Rivera, National Association of Social Workers Colorado Chapter, testified in support of the bill.

12:04 PM -- Dr. George Kalousek, Colorado Psychiatric Society, testified in support of the bill. He provided a handout to the committee (Attachment E). Dr. Kalousek discussed suicide, violent behavior, and risk factors for future violence. He responded to questions about people with substance abuse disorders, mental health stigma, the difference of opinion among mental health professionals on the bill, and whether the issues to be addressed by the task force could be addressed by a group formed outside of the legislative process.

130423 AttachE.pdf130423 AttachE.pdf

12:13 PM -- Chief Rick Brandt, Colorado Association of Chiefs of Police, testified in support of the bill. He discussed balancing privacy and due process with public safety. Chief Brandt responded to a question about the potential outcome of the task force and his organization's position on previous gun legislation.

12:16 PM -- Michael Lott-Manier, Mental Health America of Colorado, testified in support of the bill. He provided two handouts to the committee (Attachments F and G). He discussed suicides committed with firearms and mental health stigma. Mr. Lott-Manier responded to questions about gun-related violent crime statistics and suicide rates among members of the U.S. armed forces.

130423 AttachF.pdf130423 AttachF.pdf130423 AttachG.pdf130423 AttachG.pdf

12:22 PM -- John Head, SAFE Colorado, testified in support of the bill.

12:24 PM -- George Walker, representing himself, testified in support of the bill. He discussed the need for national experts to testify before the task force.

12:28 PM -- Amanda Kearney Smith, Colorado Mental Wellness Network, testified against the bill. She discussed her experience with bi-polar disorder and mental health stigma.


12:32 PM

Representative McCann discussed amendment L.004 (Attachment H).
BILL:HB13-1306
TIME: 12:32:43 PM
MOVED:McCann
MOTION:Adopt amendment L.004 (Attachment H). The motion passed without objection.
SECONDED:Young
VOTE
Conti
Fields
Ginal
Humphrey
Joshi
Primavera
Stephens
Swalm
Young
Schafer
McCann
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

130423 AttachH.pdf130423 AttachH.pdf


12:33 PM

Representative McCann discussed amendment L.005 (Attachment I). The committee discussed the amendment.
BILL:HB13-1306
TIME: 12:33:58 PM
MOVED:McCann
MOTION:Adopt amendment L.005 (Attachment I). The motion passed without objection.
SECONDED:Young
VOTE
Conti
Fields
Ginal
Humphrey
Joshi
Primavera
Stephens
Swalm
Young
Schafer
McCann
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

130423 AttachI.pdf130423 AttachI.pdf


12:34 PM

Representative Swalm discussed amendment L.006 (Attachment J). The committee discussed the amendment and the involvement of the Colorado Department of Public Health and Environment on the task force.
BILL:HB13-1306
TIME: 12:39:30 PM
MOVED:Swalm
MOTION:Adopt amendment L.006 (Attachment J). The motion failed on a vote of 4-7.
SECONDED:Stephens
VOTE
Conti
Yes
Fields
No
Ginal
No
Humphrey
Yes
Joshi
Yes
Primavera
No
Stephens
No
Swalm
Yes
Young
No
Schafer
No
McCann
No
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL

130423 AttachJ.pdf130423 AttachJ.pdf


12:41 PM

The committee discussed mental health resources, mental health stigma, and the potential outcome of the task force. Representative McCann made concluding remarks on the bill.
BILL:HB13-1306
TIME: 12:48:29 PM
MOVED:McCann
MOTION:Refer House Bill 13-1306, as amended, to the Committee on Legislative Council. The motion passed on a vote of 6-5.
SECONDED:Fields
VOTE
Conti
No
Fields
Yes
Ginal
Yes
Humphrey
No
Joshi
No
Primavera
Yes
Stephens
No
Swalm
No
Young
Yes
Schafer
Yes
McCann
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

12:49 PM

The committee adjourned.