House Committee on Health, Insurance, & Environment (02/25/2014)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON HEALTH, INSURANCE, & ENVIRONMENT

Date:	02/25/2014	ATTENDANCE

Time:	10:46 AM to 12:17 PM	Fields	X
		Ginal	X
Place:	HCR 0107	Humphrey	X
		Joshi	X
This Meeting was called to order by		Landgraf	X
	Representative Schafer	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:
SB14-039 HB14-1253		Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole

10:47 AM -- SB14-039

Representatives McCann and Court presented Senate Bill 14-039. The bill permits emergency medical service (EMS) providers responding to the scene of an emergency to voluntarily deliver preveterinary care to domesticated dogs and cats, at the discretion of their employer. Preveterinary emergency care is defined as care to stabilize a domesticated dog or cat until the animal can obtain veterinary care and does not include response to an emergency call made solely to tend to an injured dog or cat, unless a person's life could be in danger. Employers who allow employees to administer preveterinary care must provide sufficient training and guidelines. The bill does not impose any legal obligation on EMS providers to administer preveterinary care or to provide care to a dog or cat before a person.

10:50 AM

The committee discussed the bill. Representative McCann responded to a question about whether an ambulance could be dispatched solely to provide preveterinary care.

10:52 AM -- Dr. Apryl Steele, representing the Colorado Veterinary Medical Association, testified in support of the bill. She provided a handout (Attachment A). She discussed the background of the bill and the training that would occur for EMS providers providing preveterinary care.

140225AttachA.pdf

10:54 AM -- Howard Paul, representing the EMS Association of Colorado, testified in support of the bill. He stated that the bill allows emergency response agencies to choose to provide preveterinary services and that there is not a statewide mandate. Mr. Paul stated the bill will not effect the prioritization of the care of humans.

10:58 AM -- Mark Simon, representing himself, testified in support of the bill. He stated that, as the retired assistant fire chief from the Golden Gate Fire Department, he knows emergency service personnel have concerns about rendering aid to animals when on the scene of accident.

11:00 AM

Representative McCann responded to questions about the ability of emergency response agencies to choose to provide preveterinary services and how the public would know if a particular agency provides preveterinary care.


BILL:	SB14-039
TIME:	11:01:24 AM
MOVED:	McCann
MOTION:	Refer Senate Bill 14-039 to the Committee of the Whole. The motion passed on a vote of 10-0, with one member excused.
SECONDED:	Ginal
		VOTE
	Fields	Yes
	Ginal	Yes
	Humphrey	Yes
	Joshi	Yes
	Landgraf	Excused
	McNulty	Yes
	Primavera	Yes
	Singer	Yes
	Swalm	Yes
	Schafer	Yes
	McCann	Yes

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

11:02 AM -- HB14-1253

Representative McCann presented House Bill 14-1253. The bill implements the recommendations of the Civil Commitment Review Task Force created under House Bill 13-1296. Among other things, the bill:

consolidates statutory provisions and creates a single process for emergency holds and extended-care certification for all substance abuse and misuse;
removes the option for a jury trial for a certification of a mental health or substance misuse hold;
modifies the definition of "gravely disabled;"
removes the requirement that danger to self or others be imminent in order to issue a mental health hold and revises the definition of "danger to self or others;"
encourages treatment facilities to inquire as to whether or not a patient with behavioral health illness has an advanced directive at admission, and, if medically appropriate, take it into account; and
relocates various sections of statute, makes conforming amendments, removes obsolete language, and makes other technical changes to state statutes on substance use disorders.

11:11 AM

Representative McCann referenced a fact sheet that was distributed prior to the meeting. She responded to questions about due process under the bill.

11:12 AM -- Jeannie Ritter, representing the Civil Commitment Review Task Force, testified in support of the bill. She discussed the task force.

11:15 AM -- Dr. Patrick Fox, representing the Civil Commitment Review Task Force and the Department of Human Services, testified in support of the bill. He discussed efforts to align the statutes concerning mental health holds and substance misuse holds. Dr. Fox responded to questions about the removal of "imminent" from "imminent danger" in the section concerning an emergency hold related to a mental illness. Representative McCann responded to question about a possible amendment concerning the definition of "gravely disabled."

11:23 AM -- Arthur Schut, representing Arapahoe House, testified in support of the bill. He discussed the services provided by Arapahoe House and the reasons why substance misuse cases need a five-day hold. Representative Singer discussed Arapahoe House.

11:26 AM -- Evan Silverman, representing himself, testified in support of the bill. He discussed his bi-polar disorder, his experience receiving treatment for his condition, and the benefits of advance directives for persons with a behavioral health illness. Representative McCann discussed advance directives for mental health issues.

11:34 AM -- Donald J. Mares, representing Mental Health America of Colorado, testified in support of the bill. He discussed his experience on the task force and the Behavioral Health Transformation Council. Mr. Mares commented on the inclusion of provisions concerning advance directives for persons with a behavioral health illness.

11:36 AM -- Dr. Gareen Hamalian, representing the Colorado Psychiatric Society and the Colorado Medical Society, testified in support of the bill. She discussed the benefits of the statute consolidation in the bill.

11:37 AM -- Mark Ivandick, representing The Legal Center for People with Disabilities and Older People, testified on the bill. He stated that his organization generally supports the bill. Mr. Ivandick discussed his organization's objections to the deletion of "imminent" from Section 27-65-105, C.R.S., and the repeal of the right to a jury trial in several statutory sections. Representative McCann responded to Mr. Ivandick's concerns.

11:46 AM -- Robert Edmiston, representing the Firearms Coalition of Colorado, testified in opposition to the bill. He discussed the removal of jury trials in commitment proceedings and that political speech might be perceived as a threat. He discussed issues related to firearm ownership. Mr. Edmiston responded to questions about whether his organization participated in the task force. Representative McCann responded to questions about the information submitted to the instant criminal background check system. She commented on the removal of the option for a jury trial.

11:52 AM -- Jimmy West, representing himself, testified in opposition to the bill. He discussed changes to the definition of "gravely disabled," the vagueness of the term "appears," and the loss of liberty in reference to Section 34 of the bill. Mr. West discussed the repeal of the option for a jury trial, the right to due process, the emergency service patrol, and the instant criminal background check system reporting requirements.

11:58 AM -- Valerie Schlecht, representing the Colorado Cross-Disability Coalition, testified in support of the bill. She discussed the task force. She stated that mental health care is part of health care. She discussed the possible loss of privacy in a jury trial and the importance of having access to attorney and non-attorney advocates. Representative McCann responded to questions about the removal of the jury trial option.

12:07 PM -- Lou Vallario, representing the County Sheriffs of Colorado, testified in support of the bill. He discussed his concerns about the number of mental health beds and the location of facilities. He stated that state law allows a person on a mental health hold to be held in a county jail if no other resources are available.

12:12 PM

Representative McCann discussed amendment L.001 (Attachment B).

140225AttachB.pdf


BILL:	HB14-1253
TIME:	12:13:11 PM
MOVED:	McCann
MOTION:	Adopt amendment L.001 (Attachment B). The motion passed without objection.
SECONDED:	Schafer
		VOTE
	Fields
	Ginal
	Humphrey
	Joshi
	Landgraf
	McNulty
	Primavera
	Singer
	Swalm
	Schafer
	McCann

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

12:13 PM

Representative McCann discussed amendment L.002 (Attachment C). Dr. Fox returned to the table to respond to a question about the amendment.

140225AttachC.pdf


BILL:	HB14-1253
TIME:	12:15:08 PM
MOVED:	McCann
MOTION:	Adopt amendment L.002 (Attachment C). The motion passed without objection.
SECONDED:	Fields
		VOTE
	Fields
	Ginal
	Humphrey
	Joshi
	Landgraf
	McNulty
	Primavera
	Singer
	Swalm
	Schafer
	McCann

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


BILL:	HB14-1253
TIME:	12:16:31 PM
MOVED:	McCann
MOTION:	Refer House Bill 14-1253, as amended, to the Committee of the Whole. The motion passed on a vote of 6-5.
SECONDED:	Fields
		VOTE
	Fields	Yes
	Ginal	Yes
	Humphrey	No
	Joshi	No
	Landgraf	No
	McNulty	No
	Primavera	Yes
	Singer	Yes
	Swalm	No
	Schafer	Yes
	McCann	Yes

Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

12:17 PM

The committee adjourned.