Date: 02/23/2006

Final
BILL SUMMARY for HB06-1205

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt Amendment L.001 (Attachment P). The motion
Postpone HB 06-1205 indefinitely. The motion carr
Refer HB 06-1205, as amended, to the Committee of 		Pass Without Objection
PASS
FAIL


07:04 PM -- House Bill 06-1205

Representative Rose, prime sponsor, spoke about HB 06-1205, which makes physician-client privilege inapplicable to the discovery of medical records when a party has asserted a personal injury claim that includes a physical or mental condition. He described the bill's provisions and its purpose, then distributed Amendment L.001 (Attachment P). The sponsor responded to questions from the committee.

The following people testified on the bill:

07:11 PM -- Dr. Jennifer Hagman, representing the Colorado Psychiatric Society and the Colorado Medical Society, spoke in opposition to the bill because it will have a chilling effect on physician-patient confidentiality.

07:13 PM -- Ms. Natalie Brown, representing the Colorado Trial Lawyers Association, spoke in opposition to the bill. She expressed concern that, among other things, it does not cover all medical records. She responded to questions from the committee.

07:20 PM -- Mr. Matthew Biscan, representing the Colorado Defense Lawyers Association, spoke in favor of the bill. He explained that the bill addresses recent Colorado Supreme Court rulings that have limited the parties who need relevant medical information from getting that information. He responded to questions from the committee.

07:25 PM -- Mr. Jim Puga, representing himself, spoke in opposition to the bill. He stated that there is no time limit on medical records that can be obtained under the bill's provisions, and explained why that could be problematic.


07:28 PM

The chairman closed public testimony, and the committee began considering amendments.
BILL:HB06-1205
TIME: 07:28:49 PM
MOVED:Decker
MOTION:Adopt Amendment L.001 (Attachment P). The motion passed without objection.
SECONDED:Clapp
VOTE
Boyd
Cadman
Clapp
Decker
Gardner
Jahn
Judd
McGihon
Witwer
Carroll M.
Carroll T.
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


07:31 PM

The sponsor reiterated reasons why the bill is necessary.
BILL:HB06-1205
TIME: 07:32:27 PM
MOVED:Witwer
MOTION:Refer HB 06-1205, as amended, to the Committee of the Whole. The motion failed on a vote of 5-6.
SECONDED:Cadman
VOTE
Boyd
No
Cadman
Yes
Clapp
Yes
Decker
Yes
Gardner
Yes
Jahn
No
Judd
No
McGihon
No
Witwer
Yes
Carroll M.
No
Carroll T.
No
Not Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL
BILL:HB06-1205
TIME: 07:33:15 PM
MOVED:Judd
MOTION:Postpone HB 06-1205 indefinitely. The motion carried on a vote of 6-5.
SECONDED:Boyd
VOTE
Boyd
Yes
Cadman
No
Clapp
No
Decker
No
Gardner
No
Jahn
Yes
Judd
Yes
McGihon
Yes
Witwer
No
Carroll M.
Yes
Carroll T.
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS