Date: 04/03/2014

Final
BILL SUMMARY for SB14-032

HOUSE COMMITTEE ON HEALTH, INSURANCE, & ENVIRONMENT

Votes: View--> Action Taken:
Postpone Senate Bill 14-032 indefinitely. The moti
Refer Senate Bill 14-032 to the Committee of the W		PASS
FAIL




03:25 PM -- SB 14-032

Representative Saine presented Senate Bill 14-032. Under current law, complementary and alternative health care practitioners are prohibited from treating children under two years of age. The bill permits alternative health care providers to treat children less than two years of age if they make the disclosures currently required for children under eight years of age.

03:30 PM

Representative Saine discussed parental rights and responded to questions about the required written disclosure.

03:31 PM -- Anne Tenner, representing the National Health Freedom Action, testified in support of the bill. She discussed Senate Bill 13-215, which enacted the Colorado Natural Health Consumer Protection Act; consumer and child protection; and parental rights. She explained the disclosures that are currently required by law. She stated that no other state has passed a health freedom law that included an age restriction. Ms. Tenner responded to questions about the scope of practice for alternative health care practitioners and whether alternative health care practitioners use electronic medical records. Ms. Tenner responded to questions about the remedies and modalities used by alternative health care practitioners. Representative Saine discussed the statutory definition of complementary and alternative health care services. Ms. Tenner stated that alternative healthcare providers do not diagnose and that there is no insurance reimbursement for alternative health care practitioners.

03:48 PM

Representative Saine discussed her experience with reiki.

03:50 PM -- Dr. Sue Townsend, representing the Colorado Chapter of the American Academy of Pediatrics, testified against the bill and read from a written statement (Attachment B). Dr. Townsend responded to questions about whether other states regulate treatment of children by certain practitioners, whether there has been definable harm to children due to alternative health care practices, and whether there has been any public health concerns because of alternative health care. Dr. Townsend responded to questions about why existing child protection laws are not adequate in cases involving alternative health care.

140403 AttachB.pdf140403 AttachB.pdf

04:05 PM -- Dr. Lee Morgan, representing the Colorado Medical Society, testified against the bill. She discussed the importance of training and education for treating children and the potential for missed opportunities for well-child care because of the bill. Dr. Morgan responded to questions about scope of practice for physicians and whether there is a "bright line" between children age two versus age three.

04:10 PM

Dr. Townsend discussed the immunizations and developmental screenings that occur for children under two years old. She stated that many congenital disorders present before the age of two years old. Representatives Swalm, Ginal, and McCann dialogued about naturopathic doctors and naturopathic practitioners. Dr. Townsend responded to questions about how many naturopathic practitioners have collaborated with her about the treatment of infants since the enactment of Senate Bill 13-215.

04:18 PM -- Dr. Mark Johnson, representing the Institute for Science in Medicine, testified against the bill. He stated that the bill does not refer to any practitioners that are licensed or registered by the state. Dr. Johnson spoke about ancient theories about disease. He said that anyone can practice alternative medicine without being licensed or registered. He responded to committee questions about whether he has seen any adverse affects from alternative health care providers in his capacity at the Jefferson County Health Department. Dr. Johnson reiterated that he is not testifying on behalf of Jefferson County.

04:25 PM -- Larry Sarner, representing the Colorado Citizens for Science in Medicine, testified against the bill. He stated that the bill will exempt practitioners from the Colorado Consumer Protection Act and removes consumer recourse for any injury a practitioner might cause to an infant. Mr. Sarner stated that he would like to extend consumer protection to all children rather than exempting the practitioners from the Colorado Consumer Protection Act. He responded to committee questions about Senate Bill 13-215.

04:32 PM -- Hanna Nichols, representing the Colorado Children's Campaign, testified against the bill. She spoke about infant development and the importance of early intervention services when a child shows indications of developmental delays or disability.

04:36 PM -- Dr. Tista Ghosh, representing the CDPHE, testified against the bill. She discussed the vulnerability of children under age two and the need to immunize children. She stated that the Department of Regulatory Agencies opposes the bill because it may create confusion for consumers.

04:38 PM -- Treon Goossen, representing Parentalrights.org, testified in support of the bill. She discussed her experience with alternative health care practitioners and the medical community, parental choice, and communities that do not have pediatricians. Ms. Goossen responded to questions about the education of alternative health care practitioners and how much alternative health care practitioners charge for their services. She discussed how she has found her alternative health care practitioners, the type of treatments an infant may receive from an alternative health care practitioners, and her experience taking her children to alternative health care practitioners.

04:53 PM -- Pat Taggart, representing herself, testified in support of the bill. She described the consumer protections provided by Senate Bill 13-215. She stated that alternative health care practitioners do not perform invasive procedures. Ms. Taggart discussed the education of alternative health care practitioners and that alternative health care practitioners encourage clients to have a relationship with a medical professional. She explained the differences between complementary alternative medicine providers and medical providers. Ms. Taggart responded to questions about the training and education of alternative health care practitioners and the reasons why an alternative health care practitioner would treat an infant. Representative Ginal and Ms. Taggart dialogued about Ms. Taggart's experience and training as a homeopath and the remedies Ms. Taggart employs in her practice. Ms. Taggart responded to questions about the certification process for a classical homeopath and how a complaint against an alternative health care practitioner would be filed. She stated she does not carry malpractice insurance in response to a question.

05:19 PM

Representative Saine stated that alternative health care practitioners are not regulated because what they do is not considered harmful, but they can be assessed a penalty. Ms. Taggart responded to questions about the disclosure she provides to her clients.

05:20 PM -- Sue Boorn, representing herself, testified in support of the bill. She discussed parental rights, the safety of alternative health care, and the impact of Senate Bill 13-215. Ms. Boorn responded to question about the treatments she provided to infants prior to the enactment of Senate Bill 13-215, the number of children she treats in her practice, and the economic impact of Senate Bill 13-215 on her practice. She stated that over-the-counter remedies used by homeopaths are approved by the U.S. Food and Drug Administration. Ms. Boorn stated that homeopathy does not treat a condition or disease, but is individualized and addresses raising the overall health and well-being of a person. She responded to question about the training required to be an alternative health care practitioner and whether homeopaths would ever seek certification or licensure by the state.

05:40 PM -- Nate Gorman, representing the Sunshine Health Freedom Foundation, testified in support of the bill. He relayed Kim Greer's testimony from the Senate Health and Human Services Committee meeting on February 13, 2014. He read from the Department of Regulatory Agency's 2008 Sunrise Review of Naturopathic Physicians (Attachment C). He discussed Senate Bill 13-215 and the relationship between parents and children. Mr. Gorman referenced provisions of the Colorado Children's Code concerning child abuse and neglected and dependent children (Attachment D). He recounted comments from legislators from the committee and floor discussions of Senate Bill 13-215. Mr. Gorman discussed laws in other state concerning alternative health care practitioners. He discussed encouraging communication between pediatricians and alternative health care practitioners. Mr. Gorman responded to questions about the laws in other states concerning alternative health care providers.

140403 AttachC.pdf140403 AttachC.pdf140403 AttachD.pdf140403 AttachD.pdf

06:09 PM -- Dr. Daniel Vigil, representing himself, testified against the bill. He discussed how hard it is to identify dangerous conditions in infants, that parents may see the allowance of alternative health care providers to treat infants as an endorsement, and that practitioners may not recognize their own limitations.

06:14 PM

Representative Saine made closing comments on the bill. The committee discussed the bill.
BILL:SB14-032
TIME: 06:29:42 PM
MOVED:Swalm
MOTION:Refer Senate Bill 14-032 to the Committee of the Whole. The motion failed on a vote of 3-6.
SECONDED:Humphrey
VOTE
Fields
Excused
Ginal
No
Humphrey
Yes
Joshi
Yes
Landgraf
No
McNulty
Excused
Primavera
No
Singer
No
Swalm
Yes
Schafer
No
McCann
No
YES: 3 NO: 6 EXC: 2 ABS: 0 FINAL ACTION: FAIL

BILL:SB14-032
TIME: 06:30:39 PM
MOVED:Primavera
MOTION:Postpone Senate Bill 14-032 indefinitely. The motion passed on a vote of 6-3.
SECONDED:Schafer
VOTE
Fields
Excused
Ginal
Yes
Humphrey
No
Joshi
No
Landgraf
Yes
McNulty
Excused
Primavera
Yes
Singer
Yes
Swalm
No
Schafer
Yes
McCann
Yes
Final YES: 6 NO: 3 EXC: 2 ABS: 0 FINAL ACTION: PASS




06:31 PM

The committee adjourned.