Date: 04/27/2006

Final
BILL SUMMARY for HB06-1392

SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES

Votes: View--> Action Taken:
Refer House Bill 06-1392 to the Committee of the WPASS


02:20 PM -- House Bill 06-1392

Senator Boyd introduced House Bill 06-1392. The bill clarifies that the Division of Alcohol and Drug Abuse (ADAD) in the Department of Human Services has the authority to regulate private treatment facilities that do not receive public funds but dispense controlled substances for the purpose of treating persons with drug abuse problems.

02:23 PM -- Janet Wood, Director of ADAD, testified regarding the necessity of the bill and stated that the division does not revoke the licenses of private facilities often or without cause. She stated that recently, during a hearing regarding the revocation of a private methadone clinic's license, an administrative law judge (ALJ) had questioned the authority of ADAD to license a private program that does not receive public funds. Ms. Wood stated that ADAD has been regulating such facilities for over 30 years and she discussed the problems with the Boulder Clinic that prompted ADAD to seek revocation of the clinic's license. She responded to questions from Senator Johnson regarding the authority of ADAD to license private treatment programs. She distributed a handout to the committee (Attachment H).

02:25 PM -- Richard Kaufman, Boulder Clinic, testified in opposition to the bill and stated that every methadone clinic is regulated by various entities. He stated that the ALJ's opinion stated that ADAD only has authority over those facilities that receive public funds, and the clinics he represents do not receive public funds. He discussed rules that were adopted by ADAD after the ALJ opinion was issued. He responded to questions from Senator Johnson regarding the licenses that private clinics are required to obtain. Senator Boyd responded to questions from Senator Johnson regarding the necessity of regulating private clinics and incidents at the Boulder Clinic that prompted ADAD to seek revocation of the Boulder Clinic's license. Mr. Kaufman responded to questions from Senator Mitchell regarding the authority of the division to regulate private facilities that dispense controlled substances. A copy of ADAD's rules regarding treatment facilities were distributed to the committee (Attachment I). Committee members discussed specific sections of the rules objected to by Mr. Kaufman.

02:50 PM -- Tom Brewster, University of Colorado Health Sciences Center, testified in support of the bill and testified that the licensing of private methadone clinics by ADAD has been occurring for 30 years without question. He stated that licensing is essential for public safety and that ADAD regulations are more stringent than federal regulations. Mr. Brewster stated that the bill doesn't inhibit the ability of private clinics to function in the community.

02:53 PM -- Carmelita Muniz, Colorado Association of Alcohol and Drug Service Providers, testified in support of the bill, stating that improving the quality of treatment providers serves the community. She stated that not regulating private methadone clinics is a risk to Coloradoans. She responded to questions from Senator Mitchell regarding incidents at the Boulder Clinic that may have compromised patient care, stating that the medications dispensed by private methadone clinics can cause harm to persons who do not use it correctly.

02:59 PM -- Ms. Wood returned to the table to respond to questions from Senator Mitchell regarding regulations adopted by ADAD to regulate drug treatment facilities. She stated that a private clinic's license would not be suspended without a hearing by an ALJ.
BILL:HB06-1392
TIME: 03:05:26 PM
MOVED:Boyd
MOTION:Refer House Bill 06-1392 to the Committee of the Whole. The motion passed 7-0.
SECONDED:
VOTE
Johnson
Yes
Mitchell
Yes
Sandoval
Yes
Shaffer
Yes
Traylor
Yes
Boyd
Yes
Hagedorn
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS