Bill Summary for Bill Number HB15-1135

Date: 02/06/2015

Final
BILL SUMMARY for HB15-1135

HOUSE COMMITTEE ON PUBLIC HEALTH CARE & HUMAN SERVICES

Votes: View-->	Action Taken:
Postpone House Bill 15-1135 indefinitely. The moti Refer House Bill 15-1135 to the Committee on Appro	PASS FAIL

10:00 AM -- HB15-1135

Representative Primavera made announcements related to the committee hearing and proceedings of the day. She explained that the committee would be alternating opposition and proponent witnesses throughout the hearing.

10:04 AM

Representatives Court and Ginal introduced House Bill 15-1135. The bill creates the "Colorado Death with Dignity Act," which allows individuals with a terminal illness to request, and self administer, life-ending medication from a physician under certain conditions. Representative Court explained her reasons for bringing the bill forward and the interest in the bill from residents across the state. Representative Court explained that two doctors must determine that a person has a terminal illness, the patient must be able to self administer the medication, the patient must make three requests for the medication, and two doctors must determine that a patient is mentally competent. Representative Court described a similar law in Oregon. Representative Ginal noted that patients must be terminally ill, voluntarily express their will to die, have a diagnosis from two medical doctors that their illness is terminal, and be residents of Colorado. Representative Ginal noted that patients who show signs of depression must be seen by a psychiatrist, and the bill does not apply to individuals with disabilities unless they are terminally ill, those who suffer from dementia, those who suffer from depression, and those who cannot self administer the medication. Representative Ginal explained the process by which terminally ill patients must request the life-ending medication. Representatives Court and Ginal distributed two handouts to the committee (Attachment A and B) and responded to questions from the committee regarding various illnesses that would not qualify a patient to receive medication under the bill, terminal illnesses, the procedures patients must follow under the bill, whether patients must take the medications once they are dispensed, the disposal of unused medications, and other issues.

150206 AttachA.pdf

150206 AttachB.pdf

10:51 AM -- Frances Chapman, wife of Daniel Chapman, read the testimony of Daniel Chapman in support of the bill. She spoke regarding Mr. Chapman's diagnosis of Amyotrophic Lateral Sclerosis (ALS) and stated the bill allows another option for dying with dignity.

11:01 AM -- Carrie Ann Lucas, representing Not Dead Yet and the Center for Rights of Parents with Disabilities, testified in opposition to the bill. She distributed a copy of her testimony (Attachment C).

150206 AttachC.pdf

11:14 AM -- Dr. David Hibbard, representing himself, testified regarding his diagnosis with Parkinson's Disease and in support of the bill. He spoke regarding his desire to end his life when his suffering becomes unbearable.

11:19 AM -- Anita Cameron, representing Not Dead Yet and Adapt, testified in opposition to the bill. She stated that the bill is a physician-assisted suicide bill, and the title of the bill is disingenuous. She distributed a copy of her testimony to the committee (Attachment D).

150206 AttachD.pdf

11:25 AM -- John Davis, representing himself, testified in support of the bill. He spoke regarding his cancer diagnosis and his desires regarding end-of-life decisions.

11:29 AM -- Julie Reiskin, Colorado Cross Disability Coalition, testified that her organization advocates for the personal choices of individuals with disabilities and described her personal health situation. She spoke in opposition to the bill.

11:37 AM -- Howard Pease, representing himself, testified in support of the bill.

11:41 AM -- Marcia Tewell, representing herself and Living Denver, listed the organizations that are opposed to the bill. She spoke regarding the services that could potentially reduce the isolation of elderly and disabled individuals. She distributed a handout to the committee (Attachment E).

150206 AttachE.pdf

11:47 AM -- Kathleen Visovatti, representing herself, spoke regarding her chronic health conditions her desire to have a choice about the end of her life.

11:51 AM -- Sheryle Hutter, representing herself and as a representative of the Colorado Cross Disability Coalition, spoke regarding her experience with kidney cancer. She spoke in opposition to the bill. She stated that society had worked hard to reduce the number of suicides and stated that doctors and nurses should not be making end-of-life decisions.

11:55 AM -- Julie Selsberg, representing herself, spoke regarding her father's illness and death. She asked that the committee support choice for terminally ill patients. She read the testimony of Bebe Epstein regarding the death of Ms. Selsberg's father.

12:05 PM -- Christina Johnson, representing Atlantis and herself, spoke regarding her health issues and her experience being in a nursing home. She spoke in opposition to the bill.

12:10 PM

Representative Ginal introduced the video of Charlie Hatchett, who spoke in support of the bill.

12:12 PM -- Julie Feraar, representing herself, testified in opposition to the bill. She spoke regarding her health problems and experience with pain. She stated that, as Medicaid and Medicare patient, it has been difficult to receive proper pain medication. She stated that the bill is discriminatory towards people who cannot administer their own medication. She responded to questions from the committee.

12:22 PM

The committee took a brief recess.

12:34 PM

The committee reconvened.

12:35 PM -- Bart Windrum, representing himself, testified in support of the bill. He spoke regarding they dying process and the limitations of hospice and palliative care. He responded to questions from the committee.

12:39 PM -- Josh Winkler, ARC of Aurora, testified regarding his concerns with the bill and read from the national ARCs policy statement regarding physician-assisted suicide. He responded to questions from the committee.

12:45 PM -- Gwen Hatchette, representing herself, described her husband's diagnosis with ALS and the end of his life. She stated that her husband's final wish was to allow patients a choice in their deaths.

12:49 PM -- Skip Morgan, representing himself, distributed a handout (Attachment F) and testified in opposition to the bill. He responded to questions from the committee regarding the provisions of the bill and the constitutionality of the bill.

150206 AttachF.pdf

01:07 PM -- Joseph Martone, representing himself, spoke regarding his various health issues and his continuing pain. He spoke in opposition to the bill.

01:12 PM

The committee viewed the video testimony of Gene Zumberg in support of the bill.

01:15 PM -- Vickie Mandell-King, representing herself, testified in support of the bill, stating the bill was not about suicide but provides additional options to individuals who are dying.

01:22 PM -- Natalie Decker, representing Alliance Defending Freedom, testified in opposition to the bill. She stated that there are inadequate safeguards in the bill. She responded to questions from the committee and distributed two handouts to the committee (Attachments G and H).

150206 AttachG.pdf

150206 AttachH.pdf

01:31 PM -- Father David Kenney, representing himself, testified regarding the deaths that he has attended, and stated that many of the deaths would not have met the requirements of the legislation. He stated that in his experience, these patients wished to die in their homes and be in control of their deaths. He responded to questions from the committee and clarified that he is an independent Catholic priest.

01:37 PM

The committee viewed the video testimony of Maggie Karner in opposition to the bill.

01:40 PM -- Vickie McElmurry, representing herself, testified in support of the bill. She discussed her friend Gene Zumberg's illness and subsequent death. She responded to questions from the committee.

01:46 PM -- Dr. Tom Newman, representing himself, testified in opposition to the bill. He discussed his son's illness and subsequent death and distributed a copy of his testimony to the committee (Attachment I).

150206 AttachI.pdf

01:51 PM -- Dr. Charles Hamlin, representing himself, testified in support of the bill. He responded to questions from the committee.

02:13 PM -- Carolyn Ackerman, representing herself, testified in opposition of the bill. She discussed providing care to terminally ill patients.

02:19 PM -- Carol Stork, representing herself, testified in support of the bill. She presented a video about her husband.

02:28 PM -- Lexi Tsoi, representing herself, testified in opposition to the bill.

02:33 PM -- Linda King, representing herself, testified in support of the bill.

02:37 PM -- Joan Murahata, representing herself, testified in support of the bill.

02:42 PM -- Preston Branaugh, representing himself, testified in opposition to the bill and distributed a handout to the committee (Attachment J). He responded to questions from the committee.

150206 AttachJ.pdf

02:51 PM -- Dr. Roswitha Moehring, representing herself, testified in support of the bill.

02:55 PM -- Dr. Rachel Schreffler, representing herself, testified in opposition to the bill.

02:58 PM -- Lynn Weitzel, representing herself, testified in support of the bill. She relayed statistics related to use of the Oregon law.

03:06 PM -- Dr. Michelle Stanford, representing herself, testified in opposition to the bill. She responded to questions from the committee.

03:15 PM -- Dr. Michael Allen, representing himself and the Colorado Psychiatric Society, offered his own testimony in support of the bill and testified that the bill creates a choice for individuals at the end of their life. As a representative of the Colorado Psychiatric Society, he testified that the society was unable to reach a position on the bill and listed recommended changes to the bill. He responded to questions from the committee.

03:29 PM -- Dr. Ken Stone, representing himself, testified in opposition to the bill.

03:35 PM -- Dr. John Spangler, representing himself, testified in support of the bill.

03:39 PM -- Lora Thomas, representing herself, testified in opposition to the bill. She discussed her concerns with the bill from her perspective as a former coroner. She responded to questions from the committee.

03:52 PM -- Bill Moran, representing himself, testified in support of the bill.

04:00 PM -- James Kramer, representing himself, testified in opposition to the bill. The committee recessed briefly.

04:22 PM

The committee reconvened.

04:25 PM -- Lynn Pike, representing herself, testified in support of the bill and spoke regarding her mother's illness and subsequent death. She responded to questions from the committee.

04:29 PM -- Dr. Alan Rastrelli, representing himself, testified in opposition to the bill. He showed a video related to cancer treatment in Oregon and responded to questions from the committee.

04:54 PM -- Dr. Susan Mason, testified in support of the bill.

04:58 PM -- Derek Flores, representing himself, testified in opposition to the bill. He responded to questions from the committee.

05:08 PM -- Charles Lobitz, read the testimony of Dr. Richard Loeffler in support of the bill. Mr. Lobitz offered his own testimony in favor of the bill. He responded to questions from the committee.

05:17 PM -- Mimi Larsen, representing herself, testified in opposition to the bill.

05:21 PM -- Jane Jones, representing herself, testified in support of the bill.

05:27 PM -- John Schuster, representing himself, testified in opposition to the bill.

05:32 PM -- James Schreckengast, representing himself, testified in support of the bill.

05:36 PM -- Dianne Palaschak, representing herself, testified in opposition to the bill.

05:39 PM -- Dr. Tom Perille, representing himself, testified in opposition to the bill. He responded to questions from the committee.

05:50 PM -- Roland Halpern, Compassion and Choices, testified in support of the bill. He spoke regarding the Oregon law. He responded to questions from the committee.

06:00 PM -- Dr. William Bolthouse, representing himself, testified in opposition to the bill. He distributed a copy of his testimony (Attachment K) and responded to questions from the committee.

150206 AttachK.pdf

06:09 PM -- Christine Johnson, representing herself, testified regarding her mothers' illness and in support of the bill.

06:15 PM -- Stephanie Luck, representing herself, testified in opposition to the bill. She discussed assisted-suicide laws in other countries. She responded to questions from the committee.

06:27 PM -- Lance Wright, representing himself, testified in support of the bill. He responded to questions from the committee.

06:38 PM -- Rabbi Oswald Garagorry, representing Aliyah Congregation, testified in opposition to the bill.

06:45 PM -- Linda Phillips, representing herself, testified in a neutral position on the bill.

06:48 PM -- Mary Jo Koltuniuk, representing herself, testified in opposition to the bill.

06:51 PM -- Dr. Vincent Easterman, representing himself, testified in opposition to the bill. He responded to questions from the committee.

07:05 PM -- Matthew Niedzielski, Pikes Peak Citizens for Life, testified in opposition to the bill.

07:09 PM -- Ruth Olson, representing herself, testified in opposition to the bill.

07:15 PM -- Francesca Maes, representing herself, testified regarding her aunt's diagnosis with ALS and in opposition to the bill.

07:23 PM -- Beth Davis, Hospice and Palliative Care Association of the Rockies, testified in opposition to the bill as drafted.

07:27 PM -- Evan Hyatt, Hospice and Palliative Care Association of the Rockies, described suggested amendments to the bill. Ms. Davis and Mr. Hyatt responded to questions from the committee.

07:36 PM -- David Torres, representing himself, testified in opposition to the bill. He responded to questions from the committee.

07:42 PM -- David Roy, representing himself, testified in support of the bill.

07:47 PM -- Gregory La Point, representing Center for Natural Law, testified in opposition to the bill.

07:52 PM -- Theresa Langfield, representing herself, testified in opposition to the bill.

07:56 PM -- Justin Langfield, representing himself, testified in opposition to the bill.

07:59 PM -- Joseph Feiccabrino, representing himself, testified in opposition to the bill.

08:05 PM -- Gene Bruhn, representing himself, testified in opposition to the bill.

08:10 PM -- Anna Basquez, representing herself, testified in opposition to the bill.

08:15 PM -- Ann Lemberg, representing herself, testified in opposition to the bill.

08:22 PM -- Scott Horak, representing himself, read and distributed the testimony of Carolyn Speshock (Attachment L) and testified in opposition to the bill.

150206 AttachL.pdf

08:30 PM -- Chris Hinds, representing himself, testified in support of the bill. The committee recessed.

08:53 PM

The committee reconvened. The testimony of the following individuals was also distributed to the committee: Dr. Yvonne DeMoss (Attachment M), Vicki Rottman (Attachment N), Jennifer Callender (Attachment O), Dr. John Volk (Attachment P), Dr. Kenneth Dernovsek (Attachment Q), Dr. Kim Dernovsek (Attachment R), Dr. Robert Jotte (Attachment S), and Hedy Ogrodny (Attachment T). Two newspaper articles were also distributed to the committee (Attachments U and V).

150206 AttachV.pdf

08:54 PM

Representative Ginal and Court gave concluding remarks regarding the bill.

08:59 PM

Members of the committee gave concluding remarks regarding the bill.


BILL:	HB15-1135
TIME:	09:16:56 PM
MOVED:	Ginal
MOTION:	Refer House Bill 15-1135 to the Committee on Appropriations. The motion failed on a vote of 5-8.
SECONDED:	Singer
		VOTE
	Conti	No
	Danielson	No
	Everett	No
	Ginal	Yes
	Joshi	No
	Keyser	No
	Landgraf	No
	Melton	Yes
	Moreno	Yes
	Tyler	Yes
	Windholz	No
	Singer	Yes
	Primavera	No

YES: 5 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB15-1135
TIME:	09:17:53 PM
MOVED:	Landgraf
MOTION:	Postpone House Bill 15-1135 indefinitely. The motion passed on a vote of 9-4.
SECONDED:	Everett
		VOTE
	Conti	Yes
	Danielson	Yes
	Everett	Yes
	Ginal	No
	Joshi	Yes
	Keyser	Yes
	Landgraf	Yes
	Melton	No
	Moreno	Yes
	Tyler	No
	Windholz	Yes
	Singer	No
	Primavera	Yes

FINAL YES: 9 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS

09:18 PM

The committee adjourned.