House Committee on Health, Insurance, & Environment (02/18/2014)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON HEALTH, INSURANCE, & ENVIRONMENT

Date:	02/18/2014	ATTENDANCE

Time:	10:16 AM to 11:48 AM	Fields	X
		Ginal	*
Place:	HCR 0107	Humphrey	X
		Joshi	E
This Meeting was called to order by		Landgraf	*
	Representative McCann	McNulty	X
		Primavera	X
This Report was prepared by		Singer	X
	Amanda King	Swalm	X
		Schafer	X
		McCann	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB14-1181 HB14-1227		Referred to Appropriations Amended, Referred to Finance

10:16 AM -- HB 14-1181

Representative Schafer presented House Bill 14-1181. The bill continues the Nurse Physician Advisory Task Force until September 1, 2020. The committee previously considered the sunset review of this task force on January 21, 2014. Representative Schafer distributed a letter of support from Children's Hospital Colorado (Attachment A). The committee took a brief recess.

140218 AttachA.pdf

10:31 AM

Representative McCann called the committee back to order.


BILL:	HB14-1181
TIME:	10:32:59 AM
MOVED:	Schafer
MOTION:	Refer House Bill 14-1181 to the Committee on Appropriations. The motion passed on a vote of 8-1, with 2 members excused.
SECONDED:	Primavera
		VOTE
	Fields	Yes
	Ginal	Yes
	Humphrey	No
	Joshi	Excused
	Landgraf	Excused
	McNulty	Yes
	Primavera	Yes
	Singer	Yes
	Swalm	Yes
	Schafer	Yes
	McCann	Yes

Final YES: 8 NO: 1 EXC: 2 ABS: 0 FINAL ACTION: PASS

10:34 AM -- HB 14-1227

Representative Ginal presented House Bill 14-1227. The bill continues the State Board of Dental Examiners (board) until September 1, 2023, renames the board as the Colorado Dental Board, and implements the recommendations of the board's sunset review and report. The committee previously considered the sunset review of this board on January 21, 2014. The bill:

clarifies the terms of office for board members;
removes limitations on who must administer clinical competency examinations to dentists and dental hygienists and authorizes the board to accept alternative methods of evaluation clinical competency;
repeals the requirement that the board adopt rules to limit the number of times a dentist may take a clinical examination for licensure;
modifies the requirements for dentist and dental hygienists license applicants and the educational requirements for dental hygienists;
modifies and defines grounds for discipline for licensees;
allows dentists and dental hygienists to practice collaboratively as a provider network;
permits retired dental hygienists to provide uncompensated care to low-income patients; and
renames the "Dental Practice Law of Colorado" as the "Dental Practice Act" (act).

In addition to incorporating the recommendations in the sunset report, the bill also makes other modifications to the board and the act, including:

authorizing the board to adopt rules regarding the use of lasers;
specifying that licensed dentists may prescribe orders electronically;
providing limited prescribing authority, including fluoride treatments and antimicrobial mouth rinses, to dental hygienists practicing unsupervised dental hygiene;
specifying the duties and responsibilities of licensed dentists and unlicensed technicians regarding the construction of dental devices;
requiring dentists and dental hygienists to obtain at least 30 hours of continuing education every two years; and
creating a new section regarding anesthesia and sedation permits.

10:39 AM

Representative Ginal discussed Amendment L.001 (Attachment B). She responded to questions about the fines allowed by the amendment and whether there are unlicensed dentists practicing in the state.

140218 AttachB.pdf

10:45 AM

Christy Chase, representing the Office of Legislative Legal Services, responded to questions about Amendment L.001.

10:49 AM -- Dr. Bob Murphy, representing himself, testified on the bill. He expressed concerns about the requirement to notify patients of complaints filed with the board, and discussed cases investigated while he was serving on the board. Dr. Murphy responded to questions about the complaint process. The committee dialogued with Dr. Murphy about whether patients should be notified when a complaint is filed against their dentist. He discussed the peer assistance program for impaired dentists and suggested requiring dentists to report driving under the influence arrests and certain other offenses.

11:12 AM -- Lawless Barrientos, representing Comfort Dental, testified on the bill. He discussed the patient notification of complaints. Mr. Barrientos responded to questions about anti-competitive complaints and whether patients would know if substandard care was given.

11:22 AM -- Dr. Jeff Kahl, representing the Colorado Dental Association, testified in support of the bill. He discussed his organization's involvement in the sunset process and Amendment L.001. Dr. Kahl responded to questions about the suggestion to require dentists to report driving under the influence arrests.

11:26 AM -- Deb Astroth, representing the Colorado Dental Hygienists Association, testified in support of the bill. She discussed the suggestion to require dentists to report driving under the influence arrests.

11:29 AM -- Ellen Graham, representing the Department of Regulatory Agencies, came to the table to respond to questions about the department's position on the bill and the patient notification of complaints provisions in the bill.


BILL:	HB14-1227
TIME:	11:34:42 AM
MOVED:	Ginal
MOTION:	Adopt amendment L.001 (Attachment B). The motion passed without objection.
SECONDED:	Schafer
		VOTE
	Fields
	Ginal
	Humphrey
	Joshi	Excused
	Landgraf
	McNulty
	Primavera
	Singer
	Swalm
	Schafer
	McCann

YES: 0 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: Pass Without Objection

11:35 AM

Representative McCann discussed a conceptual amendment to remove language in the bill concerning the patient notification of a complaint.

11:38 AM

Mo Miskell, representing the Department of Regulatory Agencies, came to the table to respond to questions about the department's ability to access patient records when investigating a complaint. The committee discussed the conceptual amendment.


BILL:	HB14-1227
TIME:	11:45:31 AM
MOVED:	McCann
MOTION:	Amend page 21 of the bill, strike lines 20 through 27. The motion failed on a vote of 2-8, with one member excused.
SECONDED:	Schafer
		VOTE
	Fields	No
	Ginal	No
	Humphrey	No
	Joshi	Excused
	Landgraf	No
	McNulty	No
	Primavera	No
	Singer	No
	Swalm	No
	Schafer	Yes
	McCann	Yes

YES: 2 NO: 8 EXC: 1 ABS: 0 FINAL ACTION: FAIL

11:47 AM

The committee discussed of the bill.


BILL:	HB14-1227
TIME:	11:47:48 AM
MOVED:	Ginal
MOTION:	Refer House Bill 14-1227, as amended, to the Committee on Finance. The motion passed on a vote of 10-0, with one member excused.
SECONDED:	McNulty
		VOTE
	Fields	Yes
	Ginal	Yes
	Humphrey	Yes
	Joshi	Excused
	Landgraf	Yes
	McNulty	Yes
	Primavera	Yes
	Singer	Yes
	Swalm	Yes
	Schafer	Yes
	McCann	Yes

Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

11:48 AM

The committee adjourned.