Date: 02/12/2015

Final
BILL SUMMARY for HB15-1128

HOUSE COMMITTEE ON HEALTH, INSURANCE, & ENVIRONMENT

Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment F). The motion f
Postpone House Bill 15-1128 indefinitely. The moti
Refer House Bill 15-1128 to the Committee on Finan		FAIL
PASS
FAIL



01:34 PM -- HB 15-1128

Representative Neville presented House Bill 15-1128. The bill requires the Department of Public Health and Environment (DPHE) to license all abortion clinics in the state. Licenses are valid for one year and must renewed by the DPHE for an abortion clinic to legally operate in the state. The bill also requires the DPHE to conduct an on-site visit to each facility prior to initial licensure or license renewals and to establish procedures for conducting inspections.

The DPHE must also promulgate rules and standards concerning:

• abortion clinic personnel, including that a physician with admitting privileges at an accredited hospital within 30 miles of the clinic be employed by the clinic and present on days when abortions are performed;
• requirements for the abortion clinic's physical facilities;
• supplies and equipment;
• abortion procedures, including use of anesthesia and vital signs monitoring;
• medical screening and evaluations for each abortion clinic patient;
• minimum recovery room and follow-up care standards;
• minimum incident reporting standards; and
• the treatment of personally identifiable patient information.

The bill also establishes unclassified misdemeanors and criminal and civil penalties for any individuals who violate the requirements of the bill. The director of the DPHE may pursue injunctive relief in the courts against anyone in violation of the terms of the bill. The bill provides related definitions and licensure fees. Representative Neville answered questions about whether other states license abortion clinics, licensing requirements for other types of facilities and health care providers, and provisions of the bill.

01:45 PM

Committee members dialogue with Representative Neville about the bill's requirement that an abortion clinic must employ at least one doctor with admitting privileges at a hospital within the state within 30 miles of the abortion clinic and admitting privileges for physicians in other circumstances. Representative Neville and the committee discussed the licensing requirements for urgent care centers and the impact the bill could have on rural areas of the state. Committee dialogue ensued about the bill, the current requirements for ambulatory surgical centers, and statistics related to abortions.

02:06 PM

Representative Neville continued to responded to questions about the bill from the committee.

02:08 PM -- Michael J. Norton, Colorado Alliance Defending Freedom, testified in support of the bill. He provided a written statement (Attachment A). In response to a question, Mr. Norton outlined the court cases referenced in his testimony. He answered questions about his testimony and the number of injuries and deaths that resulted from abortions.

150212 AttachA.pdf150212 AttachA.pdf

02:32 PM

The committee dialogued with Mr. Norton about his testimony and the bill. Representative Neville responded to questions about the incident reporting requirements in the bill.

02:42 PM -- Dr. Larry Wolk, Department of Public Health and Environment, testified in opposition to the bill. He discussed the Department of Regulatory Agencies' licensing requirement for physicians and DPHE role in licensing certain facilities. He discussed potential difficulties with determining what facilities would qualify as an abortion clinic under the bill. Dr. Wolk answered questions about whether licensing improves quality of care and the definition of abortion clinics in the bill. The committee dialogued with Dr. Wolk about licensing providers, medical procedures, and health clinics. Dr. Wolk answered questions about the licensing requirements outlined in the bill and whether there are facilities that the department currently licenses that perform abortions. He discussed the Centers for Disease Control and Prevention reporting requirements concerning abortions.

03:05 PM

Dr. Wolk responded to questions about the types of facilities the department licenses and whether a hospital could refuse to admit a patient because a surgeon did not have admitting privileges.

03:13 PM -- Dr. Diane Foley, Comprehensive Women's Care, testified on the bill. She discussed the regulations for physicians who perform in-office surgical procedures and the complications that can occur after an abortion. Dr. Foley answered questions about the utilization of ambulatory surgical centers by physicians and a patient who had complications after an abortion that was referenced during Mr. Norton's testimony. The committee dialogued with Dr. Foley about the bill, ambulatory surgical centers, and the duty of a physician to determine if sexual abuse has occurred when a minor is pregnant.

03:30 PM

The committee continued to dialogue with Dr. Foley about the bill and the previous testimony on the bill.

03:33 PM -- Dr. Jennifer Hyer, NARAL Pro-Choice Colorado, testified in opposition to the bill. She stated the bill would limit access and increase health care costs. She discussed the licensing requirements and mandatory reporting of child abuse requirements for physicians. Dr. Hyer responded to questions about the ultrasound requirements outlined in the bill and her experience as a physician. The committee dialogued with Dr. Hyer about the bill.

03:50 PM -- Jay Ledbetter, representing himself, testified in support of the bill. He relayed a story about case involving an abortion for which he was the attorney. He discussed the bill.

03:56 PM -- Corrine Rivera-Fowler, Colorado Organization for Latina Opportunity and Reproductive Rights, testified against the bill. She discussed how the bill could limit access to and increase costs for health care, current informed consent requirements for abortions, and the health disparities in Colorado for Latinas. In response to questions, she discussed similar legislation that has been introduced and enacted in other states. Ms. Fow;er responded to questions about how the bill could increase health care costs. The committee dialogued with Ms. Fowler about abortions and facilities where abortions occur.

04:11 PM -- Dr. Stephen Hickner, testified on the bill. He discussed the admitting privilege requirements for physicians in the bill and his experience as a physician. Dr. Hickner responded to questions about his testimony, typical procedures for surgeons for post-surgery care, and the bill. The committee dialogued with Dr. Hickner about his medical practice and other procedures that are performed in physicians' offices that are not licensed.

04:27 PM

The committee continued to dialogue with Dr. Hickner about the bill's requirement that an abortion clinic must employ at least one doctor with admitting privileges at a hospital within the state within 30 miles of the abortion clinic.

04:30 PM -- Karen Middleton, NARAL Pro-Choice Colorado, testified in opposition to the bill. She stated that she is not aware of any out-of-state providers coming into the state to provide abortions. She discussed the percentage of counties that do not have abortion providers and legislation in other states. Ms. Middleton responded to questions about the data she relayed during her testimony. She discussed other states that require an ultrasound prior to an abortion. Committee members continued to discuss abortion statistics and facility licensing with Ms. Middleton.

04:41 PM

Committee discussion with Ms. Middleton continued. Ms. Middleton read a statement from Dr. Richard Grossman (Attachment B).

150212 AttachB.pdf150212 AttachB.pdf

04:52 PM -- Lisa Koets, Life Choices, testified in support of the bill. She relayed her experience counseling women who have had abortions and her experience having an abortion.

04:58 PM -- Sheryll Bolton, Life Choices, testified in support of the bill. She provided a packet of handouts (Attachment C). She discussed ultrasounds and clients who have sought services from her organization.

150212 AttachC.pdf150212 AttachC.pdf

05:13 PM

Ms. Bolton responded to questions from the committee about the handouts she provided and whether there is a link between breast cancer and abortion. Ms. Bolton and Ms. Koets answered questions about the services pregnancy crisis centers provide. Ms. Bolton answered questions about how the bill would address her concerns about abortions clinics. Representative Neville responded to questions about the bill. Committee discussion with Ms. Koets and Ms. Bolton continued.

05:29 PM

Ms. Bolton read a copy of the a letter from Eileen Marie Smith (Attachment D) and answered questions about the letter she read. She responded to questions about the regulations her facility operates under.

150212 AttachD.pdf150212 AttachD.pdf

05:40 PM -- Ed Hanks, Colorado Right for Life, testified in opposition to the bill. He provided a handout (Attachment E) and discussed ending abortion in Colorado. Mr. Hanks answered questions his organization's position on birth control and the licensing requirement of the bill.

150212 AttachE.pdf150212 AttachE.pdf

05:54 PM

Representative Klingenschmitt distributed amendment L.001 (Attachment F). Mr. Hanks responded to questions about amendment L.001.

150212 AttachF.pdf150212 AttachF.pdf

05:55 PM -- Joyce Hayes, representing herself, testified on the bill. She conveyed her experience receiving an abortion.

06:00 PM -- Father Bill Carmody, representing himself, testified in support of the bill. He discussed observing abortion clinics. Father Carmody responded to questions about his position on the bill.

06:05 PM -- Dr. Thomas Perille, representing himself, testified in support of the bill. He discussed Dr. Kermit Gosling, an abortion provider in Pennsylvania, and expressed his reasons why regulation of abortion clinics is needed. Dr. Perille responded to questions about his testimony and the licensing of various facilities.

06:17 PM

Representative Klingschmitt discussed amendment L.001. The committee discussed the amendment.

BILL:HB15-1128
TIME: 06:23:18 PM
MOVED:Klingenschmitt
MOTION:Adopt amendment L.001 (Attachment F). The motion failed on a vote of 5-8.
SECONDED:Brown
VOTE
Brown
Yes
Esgar
No
Humphrey
Yes
Joshi
Yes
Klingenschmitt
Yes
Landgraf
No
Lontine
No
Mitsch Bush
No
Primavera
No
Ransom
Yes
Ryden
No
Ginal
No
McCann
No
YES: 5 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL


06:24 PM

Representative Neville made concluding remarks about the bill. Committee members commented on the bill.
BILL:HB15-1128
TIME: 06:37:17 PM
MOVED:Joshi
MOTION:Refer House Bill 15-1128 to the Committee on Finance. The motion failed on a vote of 5-8.
SECONDED:Ransom
VOTE
Brown
Yes
Esgar
No
Humphrey
Yes
Joshi
Yes
Klingenschmitt
No
Landgraf
Yes
Lontine
No
Mitsch Bush
No
Primavera
No
Ransom
Yes
Ryden
No
Ginal
No
McCann
No
YES: 5 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL:HB15-1128
TIME: 06:38:43 PM
MOVED:Ginal
MOTION:Postpone House Bill 15-1128 indefinitely. The motion passed on a vote of 7-6.
SECONDED:Ryden
VOTE
Brown
No
Esgar
Yes
Humphrey
No
Joshi
No
Klingenschmitt
No
Landgraf
No
Lontine
Yes
Mitsch Bush
Yes
Primavera
Yes
Ransom
No
Ryden
Yes
Ginal
Yes
McCann
Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS