Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES

Date:04/27/2006
ATTENDANCE
Time:01:35 PM to 03:30 PM
Johnson
X
Mitchell
*
Place:SCR 352
Sandoval
X
Shaffer
X
This Meeting was called to order by
Traylor
*
Senator Hagedorn
Boyd
X
Hagedorn
X
This Report was prepared by
Elizabeth Burger
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Conf 06-Children's Trust Fund Board
Conf 06-State Board of Nursing
Conf 06-Air Quality Control Commission
HB06-1346
HB06-1392
HB06-1170		Favorably Refer to the Full Senate
Favorably Refer to the Full Senate
Favorably Refer to the Full Senate
Amended, Referred to the Committee of the Whole
Referred to the Committee of the Whole
Postponed Indefinitely


01:36 PM

Thomas McMillen, Carrie Nolan, and Jane Morrison, candidates for appointment to the Children's Trust Fund Board, discussed their backgrounds and interest in serving on the board. Copies of their resumes and appointment letters were distributed to the committee (Attachment A). Ms. Nolan and Mr. McMillen discussed current activities of the board.
BILL:Conf 06-Children's Trust Fund Board
TIME: 01:45:59 PM
MOVED:Sandoval
MOTION:Favorably refer the names of Thomas McMillen, Carrie Nolan, and Jane Morrison to the full Senate for confirmation. The motion passed 6-0-1.
SECONDED:
VOTE
Johnson
Yes
Mitchell
Excused
Sandoval
Yes
Shaffer
Yes
Traylor
Yes
Boyd
Yes
Hagedorn
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS





01:47 PM

Thomas Kanan, Candace Berardinelli, Victoria Broerman, and Toni Lu-Rae Gibbons, candidates for appointment to the State Board of Nursing, discussed their backgrounds and interest in serving on the board. Copies of their resumes and appointment letters were distributed to the committee (Attachment B). Mr. Kanan responded to questions from the committee regarding his interest in the nursing profession.
BILL:Conf 06-State Board of Nursing
TIME: 01:52:36 PM
MOVED:Sandoval
MOTION:Favorably refer the name of Thomas Kanan to the full Senate for confirmation. The motion passed 5-1-1.
SECONDED:
VOTE
Johnson
Yes
Mitchell
Excused
Sandoval
Yes
Shaffer
No
Traylor
Yes
Boyd
Yes
Hagedorn
Yes
Final YES: 5 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS
BILL:Conf 06-State Board of Nursing
TIME: 01:54:58 PM
MOVED:Sandoval
MOTION:Favorably refer the names of Candace Berardinelli, Victoria Broerman, and Toni Lu-Rae Gibbons to the full Senate for confirmation. The motion passed 6-0-1.
SECONDED:
VOTE
Johnson
Yes
Mitchell
Excused
Sandoval
Yes
Shaffer
Yes
Traylor
Yes
Boyd
Yes
Hagedorn
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS













01:56 PM

James Martin, Garrett Clemons, and Thorvald Nelson, candidates for appointment to the Air Quality Control Commission, discussed their backgrounds and interest in serving on the commission. Copies of their resumes and appointment letters were distributed to the committee (Attachment C).
BILL:Conf 06-Air Quality Control Commission
TIME: 01:58:32 PM
MOVED:Sandoval
MOTION:Favorably refer the names of Thorvald Nelson, James Martin, and Garrett Clemons to the full Senate for confirmation. The motion passed 6-0-1.
SECONDED:
VOTE
Johnson
Yes
Mitchell
Excused
Sandoval
Yes
Shaffer
Yes
Traylor
Yes
Boyd
Yes
Hagedorn
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


02:00 PM -- House Bill 06-1346

Senator Hagedorn explained that House Bill 06-1346 was previously heard by the committee on April 12, 2006, but was referred back to the committee in order to allow time for the Commission on Mandated Health Benefits to review the bill. Copies of the commission's report (Attachment D), minutes of the commission's meeting (Attachment E), and a newspaper article concerning the uninsured (Attachment F), were distributed to the committee. Senator Shaffer discussed the bill, explaining that it was amended by the committee at the April 12 meeting and further discussed the report and minutes of the meeting of the commission. As amended, the bill requires health insurers to offer to a policyholder, for an additional premium if applicable, by rider or supplemental policy provision, dependent coverage for the policyholder's grandchild, if the policyholder's child is either financially dependent upon the policyholder or lives with the policyholder. Senator Shaffer discussed the costs of adding grandchildren to a policyholder's plan. He discussed House Bill 05-1101 and distributed amendment L.004 (Attachment G) to the committee. Senator Hagedorn announced that the committee would not take public testimony on the bill as it already had a public hearing on April 12.















BILL:HB06-1346
TIME: 02:13:48 PM
MOVED:Shaffer
MOTION:Adopt prepared amendment L.004 (Attachment G). The motion passed without objection.
SECONDED:
VOTE
Johnson
Mitchell
Sandoval
Shaffer
Traylor
Boyd
Hagedorn
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


02:14 PM

Senator Mitchell discussed the costs of the bill. Senator Shaffer responded, discussing the benefits of health insurance for children. Senator Hagedorn discussed the report of the commission and thanked the commission for their work.
BILL:HB06-1346
TIME: 02:18:10 PM
MOVED:Shaffer
MOTION:Refer House Bill 06-1346, as amended, to the Committee of the Whole. The motion passed 4-3.
SECONDED:
VOTE
Johnson
No
Mitchell
No
Sandoval
Yes
Shaffer
Yes
Traylor
No
Boyd
Yes
Hagedorn
Yes
Final YES: 4 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS
















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


03:06 PM -- House Bill 06-1170

Senator Johnson introduced House Bill 06-1170 which concerns alternative health care providers. The bill specifies that such providers are able to practice any form of therapeutic or healing activities, with certain specified exceptions such as surgery and x-rays. The bill specifies that alternative health care providers cannot hold themselves as registered by the state, nor can they present themselves as physicians or surgeons. Senator Johnson distributed amendments L.011 and L.022 (Attachments J and K) to the committee.

03:10 PM -- Larry Sarner, National Council Against Health Fraud, testified in opposition to the bill. He stated that the bill deregulates the practice of medicine and provides no recourse to persons who are injured by alternative health care providers. He responded to questions from Senator Shaffer regarding his objections to the bill. He provided a handout to the committee (Attachment L).

03:14 PM -- Boyd J. Landry, Coalition for Natural Health, testified in support of the bill, stating that the bill is not about regulation, but rather disclosure to consumers.

03:16 PM -- Dr. Mark Johnson, representing himself and the Colorado Medical Society, testified that the bill effectively allows alternative care providers to bypass medical training and practice medicine with only a few exceptions. He urged the committee to reject the bill.

03:21 PM -- Joanie Sevcik-Weichbrodt, Colorado Coalition for Natural Health, testified in support of the bill and clarified that the bill does not permit alternative health care providers to practice medicine.











03:22 PM -- Rose McCool, Department of Regulatory Agencies, testified in opposition of the bill stating that, unlike the practice acts of other medical professions, the bill does not include a limited list of the permitted activities of alternative health care providers.
BILL:HB06-1170
TIME: 03:23:35 PM
MOVED:Johnson
MOTION:Adopt prepared amendment L.022 (Attachment K). The motion passed without objection.
SECONDED:
VOTE
Johnson
Mitchell
Sandoval
Shaffer
Traylor
Boyd
Hagedorn
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB06-1170
TIME: 03:24:38 PM
MOVED:Johnson
MOTION:Adopt prepared amendment L.011 (Attachment J). The motion passed without objection.
SECONDED:
VOTE
Johnson
Mitchell
Sandoval
Shaffer
Traylor
Boyd
Hagedorn
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB06-1170
TIME: 03:27:24 PM
MOVED:Hagedorn
MOTION:Adopt a conceptual amendment to return the bill to the introduced version of the bill, with additional amendments. The motion failed 1-6.
SECONDED:
VOTE
Johnson
No
Mitchell
No
Sandoval
No
Shaffer
No
Traylor
No
Boyd
No
Hagedorn
Yes
Not Final YES: 1 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL:HB06-1170
TIME: 03:28:31 PM
MOVED:Johnson
MOTION:Refer House Bill 06-1170, as amended, to the Committee of the Whole. The motion failed 2-5.
SECONDED:
VOTE
Johnson
Yes
Mitchell
No
Sandoval
No
Shaffer
No
Traylor
No
Boyd
Yes
Hagedorn
No
Not Final YES: 2 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB06-1170
TIME: 03:29:05 PM
MOVED:Mitchell
MOTION:Reverse the previous roll call vote and postpone indefinitely House Bill 06-1170. The motion passed 5-2.
SECONDED:
VOTE
Johnson
No
Mitchell
Yes
Sandoval
Yes
Shaffer
Yes
Traylor
Yes
Boyd
No
Hagedorn
Yes
Final YES: 5 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


03:30 PM

The committee recessed.