House Committee on Public Health Care & Human Services (03/17/2015)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON PUBLIC HEALTH CARE & HUMAN SERVICES

Date:	03/17/2015	ATTENDANCE

Time:	01:32 PM to 06:39 PM	Danielson	X
		Everett	X
Place:	HCR 0107	Ginal	X
		Joshi	X
This Meeting was called to order by		Landgraf	X
	Representative Primavera	Melton	X
		Moreno	X
This Report was prepared by		Sias	X
	Elizabeth Burger	Tyler	X
		Wilson	X
		Windholz	X
		Singer	X
		Primavera	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB15-1220 SB15-077		Amended, Referred to the Committee of the Whole Postponed Indefinitely

01:34 PM -- HB 15-1220

Representative Danielson and Representative Ryden introduced House Bill 15-1220. The bill requires institutions of higher education to create a memorandum of understanding (MOU) that meets specified criteria with at least one nearby medical facility that has specialized personnel for providing sexual assault examinations. Public institutions of higher education are required to renew or revise the MOU every three years. The bill also requires institutions of higher education to post easily accessible information on the institution's website concerning where a sexual assault examination may be obtained and have a sexual assault training and response policy that includes training for staff, a referral plan to connect a student victim to appropriate victim advocates, and a transportation plan. Representative Danielson explained that many schools already provide the services required the bill. Representative Danielson distributed and explained a strike-below amendment, L.002 (Attachment A), and explained the differences between the introduced version of the bill and the strike-below amendment. Representative Danielson responded to questions from the committee regarding federal funding for sexual assault nurse examiners (SANE) and the costs and frequency of the training required by the bill. She continued to respond to questions from the committee regarding access to SANE personnel, the services provided by SANE personnel, and the institutions of higher educations that have existing programs to respond to sexual assault.

150317 AttachA.pdf

02:01 PM -- Karen Moldovan, Colorado Coalition Against Sexual Assault, testified in support of the bill. She stated that it is important for institutions of higher education to be prepared to respond to sexual assault. She stated that the bill ensures that the institutions know how to refer victims to personnel with specific training in sexual assault.

02:06 PM -- Kim Nash, representing herself, testified in support of the bill and regarding her experience as SANE nurse. She stated that medical forensic care can help victims deal with the effects of sexual assault. Ms. Nash stated that forensic exams are therapeutic, and patients need guidance regarding their health care options after a sexual assault. She discussed the training available for health professionals regarding sexual assault response. She stated the bill is a first step to addressing sexual assault on college campuses.

02:10 PM -- Sheri Kembel, representing herself and Sexual Assault Response Advocates, spoke regarding her experience as a SANE nurse and in support of the bill. She spoke regarding the importance of directing victims to appropriately trained medical personnel. Ms. Nash discussed her experience providing care to victims of sexual assault, and how the bill will facilitate the provision of information to victims. Ms. Nash responded to questions from the committee.

02:21 PM -- Jessica Frazier, representing herself, spoke regarding her experience as a sexual assault victim advocate and in support of the bill. She stated that it is imperative that individuals providing care to victims of sexual assault be provided with proper training and resources. She spoke regarding the importance of collaboration between medical facilities and on-campus medical clinics.

02:25 PM -- Kim Weeks, representing herself, spoke regarding her experience as a victim of sexual assault and receiving treatment from a SANE nurse. She spoke in support of the bill.

02:28 PM -- Mary Hendricks, representing herself, spoke regarding the lack of disclosure of sexual assaults on college campuses and in support of the bill.

02:33 PM -- Allison Levine, representing herself, spoke regarding her experience as a sexual assault hotline volunteer and in support of the bill.


BILL:	HB15-1220
TIME:	02:35:08 PM
MOVED:	Danielson
MOTION:	Adopt amendment L.002 (Attachment A). The motion passed without objection.
SECONDED:	Singer
		VOTE
	Danielson
	Everett
	Ginal
	Joshi
	Landgraf
	Melton
	Moreno
	Sias
	Tyler
	Wilson
	Windholz
	Singer
	Primavera

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

02:35 PM

Representative Danielson and Representative Ryden gave concluding remarks regarding the bill. Members of the committee commented on the bill.


BILL:	HB15-1220
TIME:	02:39:46 PM
MOVED:	Danielson
MOTION:	Refer House Bill 15-1220, as amended, to the Committee of the Whole. The motion passed on a vote of 11-2.
SECONDED:	Singer
		VOTE
	Danielson	Yes
	Everett	No
	Ginal	Yes
	Joshi	No
	Landgraf	Yes
	Melton	Yes
	Moreno	Yes
	Sias	Yes
	Tyler	Yes
	Wilson	Yes
	Windholz	Yes
	Singer	Yes
	Primavera	Yes

Final YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:40 PM

The committee recessed briefly.

02:45 PM -- SB 15-077

The committee reconvened. Representative Neville introduced Senate Bill 15-077. The bill establishes a "Parent's Bill of Rights" that sets forth specific rights of parents in regard to the education and physical and mental health care of their children. Specifically, the bill prohibits the state or any other government entity in Colorado from infringing upon the fundamental rights of a parent to direct the upbringing, education, and physical and mental health care of his or her child without first demonstrating that there is a compelling governmental interest and no less restrictive manner of doing so. Representative Neville responded to questions from the committee.

02:51 PM -- Lori Bohner, representing herself, testified in support of the bill and regarding guardians ad litem in child custody cases. She spoke regarding the removal of her child from her home and the termination of her parental rights.

02:56 PM -- Marie Moses, Colorado Bar Association, testified in opposition to the bill and stated that, while parents have fundamental rights regarding the upbringing of their children, these rights must be balanced with other rights, especially those of their children. She cautioned against passing a bill with general language that is directed toward providing relief in specific circumstances. Ms. Moses stated that the bill assumes that all families are intact and that the parents are acting within the child's best interests and in conjunction with each other. She spoke about how the bill may hinder investigations of child neglect.

02:59 PM -- Sarah Sampayo, representing herself, testified in support of the bill and stated that the state has encroached in the realm of parenting. She stated that parents are required to waive their parental rights to place their children in the public school system.

03:04 PM -- Karen Moldovan, Colorado Coalition for Sexual Assault, testified in opposition to the bill. She stated that the bill places minors who are experiencing abuse at the hands of a family member at risk, and creates barriers to professional care. She spoke regarding the bill's parental notification provisions and stated that the bill could create dangerous unintended consequences. She responded to questions from the committee.

03:10 PM -- Tammy John, representing herself, testified in support of the bill and spoke regarding her experience adopting children through the foster care system and her son's experience with his school after his cochlear implant. She responded to questions from the committee.

03:18 PM -- Dr. James Todd, Children's Hospital, testified in opposition to the bill, stating it would make it easier for parents to opt out of vaccinations. Two handouts were distributed to the committee (Attachment B and C). He stated that vaccines are safe and highly effective. He stated that Colorado ranks 45th in the nation in vaccination rates, and the bill is the wrong approach at the wrong time.

150317 AttachB.pdf

150317 AttachC.pdf

03:20 PM -- Lexi Fickenscher, Voices for Vaccines, testified in opposition to the bill and discussed the state's current laws regarding vaccination exemptions. She spoke regarding the risks associated with low vaccination rates. She stated that it is imperative that the state's current vaccination requirements not be watered down. Dr. Todd and Ms. Fickenscher responded to questions from the committee.

03:31 PM -- Rachel Swalley, representing herself, testified in support of the bill and spoke regarding the importance of parental involvement in a child's education.

03:33 PM -- Amie Baca-Oehlert, Colorado Education Association, testified in opposition to the bill. She stated that current measures within the education system allow parents to withdraw their children from courses and programs that are objectionable to them, and there are multiple opportunities to allow parents to become aware of their child's curriculum and activities in schools. She stated the bill is an unfunded mandate that would place additional requirements on schools. She responded to questions from members of the committee.

03:38 PM -- Natalie Decker, Colorado Family Action, distributed a handout and testified in support of the bill (Attachment D). She stated that parental rights are under attack by the government, and the bill seeks to safeguard the rights of parents and children from unwanted government intrusion. She suggested possible amendments to the bill and responded to questions from the committee.

150317 AttachD.pdf

03:48 PM -- Jane Urshell, Colorado Association of School Boards and Colorado Association of School Executives, testified in opposition of the bill stating that the bill will tie the hands of educators regarding certain issues. She described existing provisions of law that allow parents to opt their children out of certain activities and classes. She described how the bill would create administrative burdens for schools. She responded to questions from the committee.

03:55 PM -- Lilly Tang Williams, Our American Initiative and herself, testified in support of the bill and regarding her experiences being raised in China. She spoke regarding the importance of parental rights.

03:59 PM -- Michael Stapleton, representing himself and the Libertarian Party of Colorado, testified in support of the bill. He said that not all parents lack judgement and responsibility, and it is a shame that good parents are lumped in with bad parents. He said that parents are seeking transparency to make the best informed decisions for their children in matters of health care and education.

04:02 PM -- Peggy Rudden, Colorado Court Appointed Special Advocates (CASA), testified in opposition to the bill. She stated that under the bill, parents who have abused or neglected their children will have rights regarding those children, and the bill will severely impact the mandatory child abuse reporting system. She stated the bill will criminalize medical professionals for providing medical care to children. She responded to questions from the committee.

04:18 PM -- Anita Stapleton, representing herself, testified in support of the bill. She discussed the Partnership for Assessment of Readiness for College and Career (PARCC) testing and provided an informational packet to the committee (Attachment E).

150317 AttachE.pdf

04:24 PM -- Joyce Lisbin, Religious Coalition for Reproductive Choices, testified in opposition to the bill and noted that many children have neglectful and abusive parents. She discussed the effect that additional parental notification requirements may have on teen pregnancy and sexually transmitted disease rates. She responded to questions from the committee.

04:29 PM -- Colby Stapleton, representing himself, discussed the Healthy Kids Colorado Survey and distributed a copy of the survey to the committee (Attachment F). He spoke in support of the bill.

150317 AttachF.pdf

04:30 PM -- Lydia Waligorski, Colorado Coalition Against Domestic Violence, testified in opposition to the bill. She stated that the bill may create barriers to assistance for teens who are experiencing dating violence.

04:36 PM -- John Whiteside, representing himself, testified in support of the bill and suggested possible amendments to the bill. He distributed a handout to the committee (Attachment G).

150317 AttachG.pdf

04:39 PM -- Peter Bockentain, representing himself, testified in support of the bill and stated that parental decisions should never be preempted by law. He spoke regarding the safety of vaccines and spoke in support of vaccine exemptions.

04:43 PM -- Dr. Sharon Anable, representing herself, testified in support of the bill. She spoke regarding the importance of parental rights and personal responsibility. She discussed parents' rights legislation in other states and responded to questions from the committee.

04:52 PM -- Tammy Holland, representing herself, testified in support of the bill and regarding her opposition to the PARCC testing. She distributed a packet of information to the committee (Attachment H). She responded to questions from the committee.

150317 AttachH.pdf

05:02 PM -- Carole Morenz, representing herself, testified in support of the bill. She discussed the PARCC testing.

05:06 PM -- Cathy Jarrett, representing herself, testified in support of the bill. She spoke regarding her interactions with parents as a former teacher and responded to questions from the committee.

05:11 PM -- Susan Cunniff, representing herself, testified in support of the bill and regarding her children's educational experience. She responded to questions from the committee.

05:17 PM -- Pam Long, representing herself, testified in support of the bill and regarding her son's experience with vaccine injury. She discussed vaccine safety. She responded to questions from the committee.

05:26 PM -- Christine McMahon, representing herself, testified in support of the bill.

05:30 PM -- Jess Loban, representing himself, testified in support of the bill. He spoke regarding his son's experience with testing at schools. He stated that while schools try to do good, overwhelmingly, they don't respect parents' rights.

05:35 PM -- Donna Jack, representing herself, testified in support of the bill and stated that schools are taking over the parental role.

05:39 PM -- Aaron Robertson, representing the Patriot League and himself, testified in support of the bill and spoke regarding the importance of defending parental rights.

05:44 PM -- Debbie Carroll, representing herself, testified in support of the bill, stating that the bill requires a higher standard before the government will intervene in families. She spoke regarding child welfare investigations by the state Department of Human Services. She responded to questions from the committee.

05:51 PM -- Sarah Carrasco, representing herself, testified in support of the bill and regarding parents' interactions with schools. She said parents are scared that they are losing control over medical- and school-related decision making. She discussed her son's experience with vaccines and his diagnosis of autism. She discussed the relationship between vaccines and child health measures. She spoke regarding her need to make medical decisions for her children.

05:59 PM -- Rosina Kovar, representing herself, testified in support of the bill and read the testimony of a parent regarding sexual education in schools. She distributed a handout to the committee (Attachment I).

150317 AttachI.pdf

06:04 PM -- Mary Hendricks, representing herself, testified in support of the bill and stated that the country is experiencing an unprecedented governmental intrusion into medical decision making by parents.

06:10 PM -- Sachchit Kumar Pandey, representing himself, testified in support of the bill. He shared his personal story regarding his family and his desire to see his son. He spoke regarding vaccination and fathers' rights. He discussed his request to members of the General Assembly to institute impeachment procedures against certain judges and officials.


BILL:	SB15-077
TIME:	06:22:02 PM
MOVED:	Landgraf
MOTION:	Adopt amendment L.010 (Attachment J). The motion passed without objection.
SECONDED:	Joshi
		VOTE
	Danielson
	Everett
	Ginal
	Joshi
	Landgraf
	Melton
	Moreno
	Sias
	Tyler
	Wilson
	Windholz
	Singer
	Primavera

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

150317 AttachJ.pdf

06:24 PM

Representative Neville gave concluding remarks regarding the bill. Members of the committee commented on the bill.


BILL:	SB15-077
TIME:	06:25:32 PM
MOVED:	Landgraf
MOTION:	Refer Senate Bill 15-077, as amended, to the Committee of the Whole. The motion failed on a vote of 6-7.
SECONDED:	Everett
		VOTE
	Danielson	No
	Everett	Yes
	Ginal	No
	Joshi	Yes
	Landgraf	Yes
	Melton	No
	Moreno	No
	Sias	Yes
	Tyler	No
	Wilson	Yes
	Windholz	Yes
	Singer	No
	Primavera	No

YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB15-077
TIME:	06:38:14 PM
MOVED:	Ginal
MOTION:	Postpone Senate Bill 15-077 indefinitely. The motion passed on a vote of 7-6.
SECONDED:	Danielson
		VOTE
	Danielson	Yes
	Everett	No
	Ginal	Yes
	Joshi	No
	Landgraf	No
	Melton	Yes
	Moreno	Yes
	Sias	No
	Tyler	Yes
	Wilson	No
	Windholz	No
	Singer	Yes
	Primavera	Yes

Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

06:39 PM

The committee adjourned.