Senate Committee on Health & Human Services (03/25/2015)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON HEALTH & HUMAN SERVICES

Date:	03/25/2015	ATTENDANCE

Time:	10:05 AM to 12:51 PM	Aguilar	X
		Martinez Humenik	X
Place:	SCR 352	Newell	*
		Crowder	X
This Meeting was called to order by		Lundberg	X
	Senator Lundberg

This Report was prepared by
	Elizabeth Haskell
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Conf 15-Children's Trust Fund Board - Colorado HB15-1191 SB15-136		Refer to the Full Senate Referred to the Committee of the Whole - Consent Calendar Postponed Indefinitely

10:05 AM -- Confirmation of Children's Trust Fund Board

The public hearing for the confirmation of Gregory Tung and LaShay Canady to the Colorado Children's Trust Fund Board was held on March 19, 2015. Due to a calendaring error, the vote for confirmation was laid over until the March 25, 2015.


BILL:	Conf 15-Children's Trust Fund Board - Colorado
TIME:	10:06:21 AM
MOVED:	Crowder
MOTION:	Refer the appointment of Gregory Tung and LaShay Canady to the Children's Trust Fund Board to the full Senate with a favorable recommendation and a recommendation that it be placed on the consent calendar. The motion passed on a vote of 5-0.
SECONDED:
		VOTE
	Aguilar	Yes
	Martinez Humenik	Yes
	Newell	Yes
	Crowder	Yes
	Lundberg	Yes


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

10:07 AM -- HB 15-1191

Senator Grantham presented House Bill 15-1191, concerning adding dentists to Physician Designation Act. The bill adds dentists to the Physician Designation Disclosure Act that was created by Senate Bill 08-138, and changes the name of the act to the "Physician and Dentist Designation Disclosure Act." Under this bill, the standards and requirements for health care entities that assign designations to physicians based on performance assessments also apply to dentists. Designations are based on claims data, practice criteria, or guidelines, and may be used in advertising by the health care provider to inform patients. Upon request of the designated dentist or the Division of Insurance, a health care entity is required to disclose the process and data used in creating a designation, and dentists may appeal a designation, during which time it cannot be used. The bill also allows a dentist to take civil action against a health care entity. A health care entity violating the act commits an unfair or deceptive practice in the business of insurance.

10:12 AM -- Jennifer Goodrum, Colorado Dental Association, spoke in support of the bill. She spoke about the importance of providing patients with fair and accurate information about dentists. She discussed issues with provider rating systems that use only the cost of care as a rating factor. Ms. Goodrum spoke about the benefit of having all rating programs use consistent standards. Ms. Goodrum responded to questions.

10:18 AM

The committee recessed.

10:20 AM

The committee reconvened.

10:20 AM -- Dr. Brett Kessler, Colorado Dental Association, spoke in support of the bill. He spoke about his organization's concern that some insurance companies assign designations to providers based on cost alone and do not consider the quality of care or service provided. He discussed how dental health affects overall health.

10:24 AM -- Senator Grantham made closing comments.


BILL:	HB15-1191
TIME:	10:25:00 AM
MOVED:	Martinez Humenik
MOTION:	Refer House Bill 15-1191 to the Committee of the Whole with a recommendation that it be placed on the consent calendar. The motion passed on a vote of 5-0.
SECONDED:
		VOTE
	Aguilar	Yes
	Martinez Humenik	Yes
	Newell	Yes
	Crowder	Yes
	Lundberg	Yes


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

10:27 AM -- SB 15-136

Senator Hill presented Senate Bill 15-136, concerning labeling of retail marijuana packaging. This bill repeals the Department of Revenue's (DOR) authority to adopt rules concerning the labeling of retail marijuana and retail marijuana products and sets the labeling requirements in statute. The bill requires that the label must include a quick response code or web address that will provide the consumer with additional information about the product. By September 1, 2015, the DOR is required to establish a website within the seed-to-sale tracking system that will allow a purchaser of retail marijuana or a retail marijuana product to access the additional information. Senator Hill discussed amendment L.006 (Attachment A) which is a strike below amendment.

150325 AttachA.pdf

10:37 AM -- Dr. Kathryn Wells, Children's Hospital Colorado and the Kempe Foundation, spoke in opposition to the bill. She spoke about the need to keep children from unintentionally ingesting marijuana products. She expressed her support for requiring that marijuana-infused foods be identifiable outside of the package and the requirement that the language "keep out of reach of children" remain on marijuana edible labels.

10:40 AM -- Zach Zaslow, Children's Hospital Colorado, spoke in opposition to the bill. He expressed concerned about removing regulatory authority from the DOR.

10:42 AM

Committee discussion followed regarding the goals and intent of Senate Bill 15-136.

10:47 AM -- Mark Bolton, Smart Colorado, spoke in opposition to the bill. He discussed his organization's concern about labeling marijuana edibles, and he told the committee that children need to be able to identify products that are infused. He discussed safe storage of marijuana products. Mr. Bolton responded to questions from the committee about labeling products outside of the package.

10:57 AM -- Elizabeth O'Donnell, representing herself, spoke in opposition to the bill. She expressed her concern about high school and middle school students eating marijuana-infused products during the school day. She stated that she wants marijuana edibles to be easily identifiable.

11:03 AM -- Gina Carbone, Smart Colorado, spoke in opposition to the bill. She provided a handout to the committee (Attachment B) and discussed how difficult it can be to identify products that have been infused with marijuana. She discussed the House Bill 14-1366 stakeholders' working group meetings. The working group was established to make recommendations on how edible retail marijuana products can be clearly identifiable and to provide a report of those recommendations to the legislature. Ms. Carbone circulated photo examples of food that is labeled as being infused. She responded to questions about the working group meetings and the discussion the working group had around marking foods outside of the package. Committee discussion followed concerning Washington state's attempt to ban infused foods that are attractive to children and the access to marijuana in high schools.

150325 AttachB.pdf

11:16 AM -- Nate Lattin, representing himself, spoke against the bill. He discussed his concerns about students eating marijuana infused candy and snacks at school without knowing the candy or snack contains marijuana.

11:19 AM -- Alex Lattin, representing himself, spoke about the availability of edibles in his high school and the experience of some students who ate marijuana infused candy without knowing that the candy was infused.

11:19 AM -- Sammi Lattin, representing herself, stated that she supported labeling of marijuana edibles.
11:20 AM -- Max Gueller, representing himself, spoke about access to marijuana-infused snacks and candy at his high school and the cases that he was aware of that involved teenagers unintentionally ingesting marijuana infused snacks and candy. Committee discussion and questions followed about the ability of children and teens to identify candy that has been infused with marijuana, the types of edible products that are available in high schools, and the distribution of candies for free by student who provide no warning that the candy is infused with marijuana.

11:31 AM -- Rob Lattin, representing himself, spoke in opposition of the bill. He spoke about his experience as a father and his desire for his children to be able to easily identify marijuana-infused products.

11:34 AM -- Lindsay Topping, Colorado Bar Association, spoke in support of the bill. She discussed the challenges related to making sure that labels affixed to marijuana infused edibles provide immediate information to the consumer. She stated that accidental ingestion of marijuana edibles is very low compared to number of edibles that are sold. Ms. Topping responded to questions for the committee.

11:39 AM -- Lewis Koski, DOR, responded to committee questions about limiting DOR's ability to make rules, the department's authority to make rules regarding labeling of edibles, about the term "when practicable," and the department's system for tracking marijuana from seed-to-sale.

11:49 AM -- Bob Eschino, Medically Correct, LLC, spoke in support of the bill. He spoke about his experience as a member of the House Bill 14-1366 stakeholders' working group. He stated that he supported making labels more concise, and that regardless of how products are marked kids will find a way to alter the products. Mr. Eschino responded to the questions about the feasibility of marking edibles marijuana products outside of the package.

12:02 PM -- Julie Dooley, representing herself, spoke in support of the bill. She told the committee that she has educated her children about refusing marijuana products. She spoke about her experience as a marijuana edible product manufacturer. She showed the committee the child proof containers she uses to package her products.

12:11 PM -- Dan Anglin, Colorado Cannabis Chamber of Commerce, spoke in support of the bill. He provided a handout to the committee representing a power point presentation he delivered to the House Bill 14-1366 stakeholders' working group (Attachment C). He discussed the information provided in the handout.

150325 AttachC.pdf

12:19 PM -- Stephanie Hopper, Ballpark Dispensary, spoke in support of the bill. She discussed the current packaging and labeling requirements for marijuana edibles.

12:22 PM

Senator Hill made closing remarks about the bill. Committee members commented on the introduced bill and amendment L.006.

12:40 PM

Senator Crowder moved the Senate Bill 15-136 and amendment L.006.


BILL:	SB15-136
TIME:	12:40:51 PM
MOVED:	Crowder
MOTION:	Adopt Amendment L.006 (Attachment A). The motion failed on a vote of 1-4.
SECONDED:
		VOTE
	Aguilar	No
	Martinez Humenik	No
	Newell	No
	Crowder	Yes
	Lundberg	No
YES: 1 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	SB15-136
TIME:	12:47:48 PM
MOVED:	Crowder
MOTION:	Refer Senate Bill 15-136 to the Committee on Appropriations. The motion failed on a vote of 0-5.
SECONDED:
		VOTE
	Aguilar	No
	Martinez Humenik	No
	Newell	No
	Crowder	No
	Lundberg	No
YES: 0 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL

12:48 PM

Senator Lundberg commented on the bill.


BILL:	SB15-136
TIME:	12:51:04 PM
MOVED:	Crowder
MOTION:	Postpone Senate Bill 15-136 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed on a vote of 5-0.
SECONDED:
		VOTE
	Aguilar	Yes
	Martinez Humenik	Yes
	Newell	Yes
	Crowder	Yes
	Lundberg	Yes


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

12:51 PM

The committee adjourned.