House Committee on Health and Environment (02/28/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON HEALTH AND ENVIRONMENT

Date:	02/28/2012	ATTENDANCE

Time:	01:34 PM to 03:12 PM	Bradford	X
		Brown	X
Place:	LSB A	Fields	X
		Joshi	X
This Meeting was called to order by		Kefalas	X
	Representative Summers	Kerr J.	X
		Massey	X
This Report was prepared by		McCann	X
	Amanda King	Peniston	X
		Schafer S.	X
		Young	X
		Acree	X
		Summers	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB12-1303 SB12-037		Amended, Referred to Finance Amended, Referred to the Committee of the Whole

01:37 PM -- House Bill 12-1303

Representative Schafer presented House Bill 12-1303, concerning the regulation of speech-language pathologists by the Department of Regulatory Agencies. The bill enacts the Speech-Language Pathology Practice Act, and requires that the Division of Registrations in the Department of Regulatory Agencies create a certification program for speech-language pathologists. Speech-language pathologists who are employed by schools and licensed by the Department of Education as special education services providers are exempt from the certification requirements. The certification program is subject to a sunset review. Amendments L.001, L.002, and L.003 (Attachments A through C) were distributed to the committee. Representative Schafer stated that Colorado is the only state that does not certify or license speech-language pathologists. She explained the various stakeholders that were involved in drafting the bill.

01:42 PM -- MeLea Mihok and Mark Hepola, Colorado Speech-Language Hearing Association, testified in support of the bill. Mr. Hepola explained the settings in which speech-language pathologists practice and the requirements to be able to practice speech-language pathology. He stated that the bill would include only those speech-language pathologists who work outside of schools and that the bill would be paid for by the practitioners. Ms. Mihok described what speech-language pathologists do related to evaluation, diagnosis, and treatment. She explained the types of patients speech-language pathologist work with, including babies and people who have swallowing disorders, brain injuries, or diseases such as Parkinson's disease or ALS. Ms. Mihok responded to questions about the potential for confusion about the proposed certification requirements versus licensure and national certification. Mr. Hepola responded to questions about the potential need in the future for speech-language pathologists. Ms. Mihok responded to questions about the annual recertification requirements and why Colorado does not regulate speech-language pathologists. Representative Schafer discussed prior legislation concerning speech-language pathologists. Mr. Hepola and Ms. Mihok responded to questions about the current way the profession is regulated.

01:58 PM -- Cheryl Acierno, representing herself, testified in support of the bill. She described her brother's experience suffering multiple brainstem strokes and his need for speech-language pathology services.

02:03 PM -- Carol Pearson, representing herself, testified in support of the bill. She described the experience her daughter, who is disabled, has had with speech-language pathologists. Ms. Pearson responded to questions about the certification requirements for the devices used by speech-language pathologists.

02:09 PM -- John Posthumus and Jeanne Graser, representing themselves, testified in support of the bill and provided a handout (Attachment D) to the committee. Ms. Graser described the experience their daughter had at a feeding clinic. Ms. Graser explained the need for recourse when proper care is not provided. Ms. Graser responded to questions about how a different course of treatment was decided upon and about the involvement of speech-language pathologists in her daughter's care at the feeding clinic. Mr. Posthumus discussed professionals practicing outside their scope of practice. Ms. Graser responded to questions about whether people could continue to practice beyond their scope of practice. Representative Schafer discussed the requirements of the bill related to scope of practice and allowing for recourse if harm is done to a patient. Representative Summers discussed elements contained in the bill.

02:21 PM -- Kathy Boada, Colorado Speech-Language Hearing Association, testified in support of the bill. Ms. Boada discussed the national certification for speech-language pathologists. She described her experience as a speech-language pathologist treating patients who had previously received delayed or inappropriate treatments. She discussed issues related to insurance companies because Colorado does not license speech-language pathologists. Ms. Boada responded to questions about speech-language pathology techniques, the referral process required by insurance companies for speech-language pathologists, and the hiring requirements of facilities for speech-language pathologists.

02:34 PM -- Dino Ioannides, Department of Regulatory Agencies, responded to questions about the certification process and immunity provisions contained in the bill. The committee dialogued about the immunity provisions. Mr. Ioannides responded to questions about the annual renewal fee included in the fiscal note, the need for annual renewals, and the oversight by the Director of Registrations rather than a board. Mr. Ioannides responded to questions about the number of complaints the department has received concerning speech-language pathologists, the need for regulation of speech-language pathologists, and the regulation of speech-language pathologists in other states.

02:47 PM

Representative Schafer explained amendment L.001.


BILL:	HB12-1303
TIME:	02:48:44 PM
MOVED:	Schafer S.
MOTION:	Moved amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:	Massey
		VOTE
	Bradford
	Brown
	Fields
	Joshi
	Kefalas
	Kerr J.
	Massey
	McCann
	Peniston
	Schafer S.
	Young
	Acree
	Summers

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

02:49 PM

Representative Schafer explained amendment L.002.


BILL:	HB12-1303
TIME:	02:49:26 PM
MOVED:	Schafer S.
MOTION:	Moved amendment L.002 (Attachment B). The motion passed without objection.
SECONDED:	Summers
		VOTE
	Bradford
	Brown
	Fields
	Joshi
	Kefalas
	Kerr J.
	Massey
	McCann
	Peniston
	Schafer S.
	Young
	Acree
	Summers

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

02:50 PM

Representative Schafer explained amendment L.003.


BILL:	HB12-1303
TIME:	02:51:02 PM
MOVED:	Schafer S.
MOTION:	Moved amendment L.003 (Attachment C). The motion passed without objection.
SECONDED:	Summers
		VOTE
	Bradford
	Brown
	Fields
	Joshi
	Kefalas
	Kerr J.
	Massey
	McCann
	Peniston
	Schafer S.
	Young
	Acree
	Summers

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

02:50 PM

The committee dialogued about the requirements for speech-language pathologists practicing in schools versus outside of schools.

02:53 PM

Representative Schafer explained amendment L.004.


BILL:	HB12-1303
TIME:	02:54:15 PM
MOVED:	Schafer S.
MOTION:	Moved amendment L.004 (Attachment E). The motion passed without objection.
SECONDED:	Summers
		VOTE
	Bradford
	Brown
	Fields
	Joshi
	Kefalas
	Kerr J.
	Massey
	McCann
	Peniston
	Schafer S.
	Young
	Acree
	Summers

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1303
TIME:	02:55:53 PM
MOVED:	Schafer S.
MOTION:	Moved to refer House Bill 12-1303, as amended, to the Committee on Finance. The motion passed on a vote of 11-2.
SECONDED:	Kefalas
		VOTE
	Bradford	Yes
	Brown	Yes
	Fields	Yes
	Joshi	No
	Kefalas	Yes
	Kerr J.	Yes
	Massey	Yes
	McCann	Yes
	Peniston	Yes
	Schafer S.	Yes
	Young	Yes
	Acree	No
	Summers	Yes

YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:57 PM -- Senate Bill 12-037

Representative Young presented Senate Bill 12-037, concerning the ability to dispense a controlled substance based on an electronically transmitted prescription drug order. The bill conforms Colorado statutes to the federal Drug Enforcement Administration regulations by allowing a pharmacy to dispense a prescribed Schedule II, III, IV, or V controlled substance from an electronically transmitted prescription. It allows a practitioner to dispense these controlled substances directly to the ultimate user without a written prescription. A fact sheet about the bill (Attachment F) and amendment L.001 (Attachment G) were distributed to the committee.

02:59 PM -- Val Kalnins, Colorado Pharmacists Society, testified in support of the bill. Mr. Kalnins described the need for the bill to conform with federal regulations and the safety of electronic prescriptions. Mr. Kalnins responded to questions about whether patients have to provide identification when picking up prescriptions.

03:04 PM -- Mary Brown, Quality Health Network, testified in support of the bill.

03:08 PM

Representative Young explained amendment L.001.


BILL:	SB12-037
TIME:	03:08:37 PM
MOVED:	Young
MOTION:	Moved amendment L.001 (Attachment G). The motion passed without objection.
SECONDED:	Kefalas
		VOTE
	Bradford
	Brown
	Fields
	Joshi
	Kefalas
	Kerr J.
	Massey
	McCann
	Peniston
	Schafer S.
	Young
	Acree
	Summers

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

03:09 PM

Representative Young responded to a question about the language in the bill that allows a practitioner, other than a pharmacy, to dispense certain controlled substances directly to the ultimate user without a written prescription.

03:10 PM -- Shannon Butler, Colorado Retail Council, was asked to come to the table to respond to the question about the language in the bill that allows a practitioner, other than a pharmacy, to dispense certain controlled substances directly to the ultimate user without a written prescription.


BILL:	SB12-037
TIME:	03:11:37 PM
MOVED:	Young
MOTION:	Moved to refer Senate Bill 12-037, as amended, to the Committee of the Whole. The motion passed on a vote of 13-0.
SECONDED:	Massey
		VOTE
	Bradford	Yes
	Brown	Yes
	Fields	Yes
	Joshi	Yes
	Kefalas	Yes
	Kerr J.	Yes
	Massey	Yes
	McCann	Yes
	Peniston	Yes
	Schafer S.	Yes
	Young	Yes
	Acree	Yes
	Summers	Yes

YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:12 PM

The committee adjourned.