Bill Summary for Bill Number SB06-102

Date: 02/14/2006

Final
BILL SUMMARY for SB06-102

SENATE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Moved prepared amendment L.001 (Attachment C). Th Moved the bill to the consent calendar. There was Refer Senate Bill 06-102 to the Committee of the W	Pass Without Objection TIE PASS

09:40 AM -- Senate Bill 06-102

Senator Williams, prime sponsor, presented Senate Bill 06-102 concerning limited criminal immunity for licensed medical caregivers who, with consent, provide palliative care to terminally ill patients. The bill provides a licensed medical caregiver providing palliative care to a terminally ill patient, with the patient's consent, an exception to the offense of manslaughter. It also states that the exception does not permit a medical caregiver to assist a patient in committing suicide. The committee discussed the definition of a surrogate decision maker.

09:44 AM -- Julie Reiskin, Colorado Cross Disability Coalition, spoke in opposition to the bill. Ms. Reiskin stated her major concerns about the bill. She is not aware of any physicians in Colorado who have been prosecuted for manslaughter for prescribing large quantities of pain medication. She believes that the exemption in the bill against physician-assisted suicide is not comprehensive enough. Further, she stated that the bill could protect physicians who act recklessly. She stressed that adequate pain management is crucial and should be mandatory.

09:53 AM -- Mary Kay Hogan, Colorado Hospice Association, spoke in support of the bill. Ms. Hogan discussed the definition of manslaughter and the inclusion of recklessness in that definition. She spoke about the difference between criminal negligence and criminal recklessness.

09:56 AM -- Dan Johnson, Quality of Care Institute, spoke in support of the bill. Dr. Johnson discussed palliative care and offered an overview of how palliative care is generally provided to terminally ill patients. He spoke about pain management and control. His palliative care team works with terminally ill patients to assist them in understanding their prognosis and what options are available to deal with that. Dr. Johnson provided a diagram to the committee that explains some components of palliative care (Attachment A). Dr. Johnson also explained the difference between hospice care and palliative care. He then responded to committee questions regarding a level of pain medication that risks being lethal. He stressed the need to follow established dosage guidelines and also the need to be aware of a gray area that arises at the end of an individual's life

10:09 AM -- David Link, medical oncologist, spoke in support of the bill. Dr. Link spoke about the need for better pain management for terminally ill patients. He discussed the perception of death that results from high quantities of pain medication and how that is a barrier to physicians doing their job effectively.

10:12 AM -- Cort Kassner, Hospice of Metro Denver, spoke in support of the bill. Dr. Kassner explained hospice care, which is palliative in nature. He responded to questions from the committee regarding the number of manslaughter charges that have been filed against physicians who provide palliative care. Dr. Kassner provided a document to the committee that is given to terminally ill patients who wish to make a plan for the end of their life (Attachment B).

10:17 AM -- R.J. Ours, American Cancer Society, spoke in support of the bill. Mr. Ours discussed the inadequate relief of pain for advanced cancer patients and how that has adverse effects on the quality of life for cancer patients. Mr. Ours responded to questions from the committee about whether the bill would .

10:22 AM -- John Stoeffel, Alliance for Retired Americans, spoke in support of the bill. Mr. Stoeffel asked the committee if they would want a physician to hesitate to give adequate pain medication due to fear of legal repercussions.

10:23 AM

Senator Williams, wrapped up her presentation of the bill. She stressed the need for increased levels of quality of life in the final days of a terminally ill individual.


BILL:	SB06-102
TIME:	10:25:48 AM
MOVED:	Shaffer
MOTION:	Moved prepared amendment L.001 (Attachment C). The motion passed without objection
SECONDED:
		VOTE
	Bacon
	Dyer
	Gordon
	Mitchell
	Traylor
	Shaffer
	Grossman
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB06-102
TIME:	10:26:16 AM
MOVED:	Shaffer
MOTION:	Refer Senate Bill 06-102 to the Committee of the Whole, as amended, with a favorable recommendation. The motion passed on a unanimous roll call vote
SECONDED:
		VOTE
	Bacon	Yes
	Dyer	Yes
	Gordon	Yes
	Mitchell	Yes
	Traylor	Yes
	Shaffer	Yes
	Grossman	Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB06-102
TIME:	10:30:10 AM
MOVED:	Gordon
MOTION:	Moved the bill to the consent calendar. There was objection to the motion.
SECONDED:
		VOTE
	Bacon
	Dyer
	Gordon
	Mitchell
	Traylor
	Shaffer
	Grossman
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE