House Committee on Health and Human Services (01/31/2005)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES

Date:	01/31/2005	ATTENDANCE

Time:	01:37 PM to 08:34 PM	Berens	X
		Clapp	X
Place:	SupCt	Cloer	X
		Green	X
This Meeting was called to order by		Lundberg	X
	Representative Boyd	McGihon	X
		Riesberg	X
This Report was prepared by		Soper	X
	Whitney Gustin	Stafford	X
		Sullivan	X
		Weissmann	X
		Frangas	X
		Boyd	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB05-1128 HB05-1091 HB05-1009 HB05-1079 HB05-1072 HB05-1106		Amended and Referred to the Committee on Approp. Laid Over Laid Over Amended and Referred to the Committee on Approp. Postponed Indefinitely Laid Over

01:38 PM -- House Bill 05-1128

Representative McCluskey, sponsor, presented the bill requiring hospitals to report patient infection data to the Department of Public Health and Environment. He distributed amendment L.001 to members (Attachment A). He discussed risk-adjusted data, costs associated with hospital-acquired infections, and federal tracking of such infections. He answered questions about the bill's requirement to study two additional clinical procedures every year, constituent interest in the bill, the type of hospitals required to report infections, the potential effects of the bill, and membership of the advisory committee.

The following persons testified.

01:59 PM -- Susan Dolan, the Mile High Association for Professionals in Infection Control and The Children's Hospital, spoke in favor of the bill. She stated the bill's advisory committee is a critical component of the legislation. She answered questions about medical system responses to infections. A document was distributed to members (Attachment B).

02:04 PM -- Dr. Connie Price, Denver Health, distributed a copy of her testimony (Attachment C) and suggested changes to the bill's provisions, including ones to the advisory committee membership and data collection methods.

02:13 PM

Representative McCluskey discussed cost-savings associated with infection reporting and the advisory committee membership.

02:14 PM -- Dr. Price answered questions about the bill's effect on infection rates.

02:15 PM -- Amber Miller, Exempla Healthcare, spoke in support of the bill. She requested an extension to the bill's reporting time frames. She answered questions about current infection data collection and suggested time frames.

02:19 PM

Representative McCluskey discussed L.001.


BILL:	HB05-1128
TIME:	02:21:16 PM
MOVED:	Stafford
MOTION:	Adopt L.001. The motion passed without objection.
SECONDED:	Frangas
		VOTE
	Berens
	Clapp
	Cloer
	Green
	Lundberg
	McGihon
	Riesberg
	Soper
	Stafford
	Sullivan
	Weissmann
	Frangas
	Boyd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

02:22 PM

Representative McCluskey made concluding remarks. Members commented on the bill.


BILL:	HB05-1128
TIME:	02:28:51 PM
MOVED:	Cloer
MOTION:	Refer the bill, as amended, to the Committee on Appropriations. The motion passed 12-1.
SECONDED:	Riesberg
		VOTE
	Berens	Yes
	Clapp	Yes
	Cloer	Yes
	Green	Yes
	Lundberg	No
	McGihon	Yes
	Riesberg	Yes
	Soper	Yes
	Stafford	Yes
	Sullivan	Yes
	Weissmann	Yes
	Frangas	Yes
	Boyd	Yes
Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:30 PM -- House Bill 05-1091

Representative Boyd, sponsor, presented the bill regarding licensing fees for retail food establishments. She answered questions about current license fees. Amendments L.001 and L.002 and four other documents were distributed to members (Attachments D through I). She answered questions about home-rule municipalities, fee schedules, and indirect costs associated with license fees.

The following persons testified.

02:45 PM -- Pete Meersman, Colorado Restaurant Association, spoke against the bill and distributed a document to members (Attachment G). He stated concerns about fee increases by multiple levels of government. He answered questions about current fee schedules.

03:05 PM -- Leo Lesh, Colorado School Foods Association and Denver Public Schools, spoke against the bill. He stated his organization would be unable to recover the costs associated with the bill.

03:09 PM -- Mary Lou Chapman, Rocky Mountain Food Industry Association, spoke against the bill. She described inconsistent fees currently charged to retail food establishments around the state.

03:15 PM -- Dr. Rick Vogt, Tri-County Health Department, spoke in support of the bill. He described the work of food safety programs. He answered questions about fee changes that might result from the bill and processes for addressing food-related illnesses.

03:29 PM -- Rosemary Bakes-Martin, El Paso County Department of Health and Environment, distributed a county resolution to members (Attachment H). She discussed license fee schedules and the bill's fee cap. She answered questions about the oversight of body art establishments

03:36 PM -- Dr. Mark Johnson, Jefferson County Department of Health and Environment, described the bill as a way to increase local control, "legitimize" licensing fees, and bring equity in fees across the state. He discussed current processes for conducting retail food establishment inspections.

03:43 PM

Representative Frangas pulled the bill off the table for action at a later date. The committee recessed.

03:51 PM -- House Bill 05-1009

Representative Coleman, sponsor, presented the Audit Committee bill regarding penalties for retail food establishment violations. She distributed a summary document to members. A copy was not made available to staff. She answered questions about the bill's penalty amounts.

The following persons testified.

04:00 PM -- Monica Bowers, Office of the State Auditor, discussed findings by an audit of the Department of Public Health and Environment's Consumer Protection Division.

04:05 PM -- Pete Meersman, Colorado Restaurant Association, spoke in opposition to the bill and distributed a document to members. A copy was not made available to staff. He discussed the audit's findings.

04:09 PM -- Mary Lou Chapman, Rocky Mountain Food Industry Association, described the bill as a "revenue-raising" bill. She stated current statutory provisions are not always adhered to.

04:12 PM

Representative Coleman requested that the bill be pulled from the table. Representative Boyd did so for action at a later date.

04:13 PM -- House Bill 05-1079

Representative McKinley, sponsor, presented the bill requiring warnings for visitors to Rocky Flats. Amendment L.003 and four other documents were distributed to committee members (Attachments J through N).

The following persons testified.

04:20 PM -- Victor Holm, citizen, discussed the clean-up of Rocky Flats and exposure to radiation.

04:24 PM -- Robert Kinsey, Alliance for Nuclear Accountability, discussed dangers associated with pollution at Rocky Flats.

04:29 PM -- Hank Stoval, citizen, discussed Rocky Flats soil clean-up efforts, cancer risks, and local communities' collaboration with the US Environmental Protection Agency (EPA).

04:35 PM -- Ann Hamby, Rocky Mountain Peace and Justice Center, spoke in support of the bill. She stated the bill requires informed consent of persons visiting Rocky Flats.

04:37 PM -- David Abelson, Rocky Flats Coalition of Local Governments, distributed a copy of his testimony to members (Attachment O). He described actions he feels should take place before the General Assembly takes actions like those contained in the bill.

04:45 PM -- Carolyn Bninsky, citizen, posed constituent questions to the members. She discussed radioactive materials that remain at Rocky Flats.

04:49 PM -- Lorraine Anderson, member of the Arvada City Council, described her work on Rocky Flats issues and stated the bill's warning will create a stigma against the area.

04:54 PM -- Adrienne Anderson, citizen, spoke in support of the bill and described her involvement in environmental issues.

04:58 PM -- Gerald DePoorter, citizen, discussed the clean-up of Rocky Flats.

05:02 PM -- Galloway Allbright, citizen, spoke in support of the bill.

05:04 PM -- Joe Legare, US Department of Energy (DOE), described the clean-up of Rocky Flats. He stated that both the EPA and the Colorado Department of Public Health and Environment are overseeing the clean-up. He answered questions about Rocky Flats pollutants.

05:10 PM -- Harvey Nichols, citizen, described his findings regarding pollution emissions at Rocky Flats and risks associated with plutonium. He distributed an article to members (Attachment P).

05:16 PM -- Howard Roitman, Department of Public Health and Environment, described the department's role in the Rocky Flats clean-up.

05:20 PM -- Doug Young, Congressman Mark Udall's office, expressed concern with the bill and described federal legislation making Rocky Flats a wildlife refuge.

05:25 PM -- Bonnie Lee Michaelson, citizen, described her involvement with issues related to Rocky Flats.

05:28 PM -- Andrew Hill, citizen, expressed concerns with the effects of pollution at Rocky Flats.

05:32 PM -- Jeanette Alberg, Senator Wayne Allard, described Rocky Flats-related press releases from the senator. She distributed a document to members (Attachment Q).

05:34 PM

Representative Weissmann described amendment L.004 (Attachment R).


BILL:	HB05-1079
TIME:	05:37:50 PM
MOVED:	Weissmann
MOTION:	Adopt L.004. The motion passed without objection.
SECONDED:	Frangas
		VOTE
	Berens
	Clapp
	Cloer
	Green
	Lundberg
	McGihon
	Riesberg
	Soper
	Stafford
	Sullivan
	Weissmann
	Frangas
	Boyd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

05:42 PM

Representative Clapp offered amendment L.003. Representative Boyd ruled the amendment does not fit under the bill's title.

05:43 PM

Representative McKinley made concluding remarks. Members commented on the bill.


BILL:	HB05-1079
TIME:	05:53:25 PM
MOVED:	Green
MOTION:	Refer the bill, as amended, to the Committee on Appropriations. The motion passed 7-6.
SECONDED:	Weissmann
		VOTE
	Berens	No
	Clapp	No
	Cloer	No
	Green	Yes
	Lundberg	No
	McGihon	Yes
	Riesberg	Yes
	Soper	Yes
	Stafford	No
	Sullivan	No
	Weissmann	Yes
	Frangas	Yes
	Boyd	Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:54 PM -- House Bill 05-1072

Representative Schultheis, sponsor, presented the bill requiring the licensure of abortion clinics. He distributed three documents to members. Copies were not made available to staff. He answered questions about material he distributed from Planned Parenthood in Arizona, abortion clinic and physician oversight, and the bill's impact on the Taxpayers' Bill of Rights (TABOR) refund.

The following persons testified.

06:19 PM -- Maureen Yockey, citizen, described her work with women who are experiencing an unintended pregnancy.

06:21 PM -- Maureen West, citizen, spoke in support of the bill. She described women, particularly minors, experiencing an unintended pregnancy as an "at-risk population."

06:25 PM -- Dr. Mary Louder, citizen, discussed the regulation of medical facilities.

06:36 PM

Representative Schultheis answered questions about information distributed by abortion clinics.

06:37 PM -- Dr. Lounder answered questions about the licensing of medical facilities.

06:40 PM -- Yvonne Williams, citizen, discussed her work with women who are experiencing an unintended pregnancy and clinic reporting to the Department of Public Health and Environment.

06:44 PM -- Lisa Radelet, Boulder Valley Women's Health Center, discussed abortion complication rates, current oversight of abortion clinics and providers, and services offered by the health center. She answered questions about CLIA, the Clinical Laboratory Improvement Act, and abortion-related complications.

06:58 PM -- Kate Horle, Planned Parenthood, spoke in opposition to the bill. She described current oversight of abortion care. She distributed two documents to members (Attachments S and T).

07:07 PM -- Cindy Duffy, Department of Public Health and Environment, answered questions about the department's oversight of medical facilities.


BILL:	HB05-1072
TIME:	07:15:14 PM
MOVED:	Riesberg
MOTION:	Page 17, line 7, strike "environment, welfare, and institutions" and substitute "and human services". The motion passed without objection.
SECONDED:	Green
		VOTE
	Berens
	Clapp
	Cloer
	Green
	Lundberg
	McGihon
	Riesberg
	Soper
	Stafford
	Sullivan
	Weissmann
	Frangas
	Boyd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

07:17 PM

Representative Schultheis made concluding remarks.

07:18 PM -- Cindy Duffy described medical facilities overseen by the Department of Public Health and Environment.


BILL:	HB05-1072
TIME:	07:20:44 PM
MOVED:	Cloer
MOTION:	Refer the bill, as amended, to the Committee on Finance. The substitute motion prevailed.
SECONDED:	Stafford
		VOTE
	Berens
	Clapp
	Cloer
	Green
	Lundberg
	McGihon
	Riesberg
	Soper
	Stafford
	Sullivan
	Weissmann
	Frangas
	Boyd
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE

07:21 PM

Representative Weissmann made a substitute motion to postponed the bill indefinitely. Members commented on the bill.


BILL:	HB05-1072
TIME:	07:29:59 PM
MOVED:	Weissmann
MOTION:	Substitute motion to postpone the bill indefinitely. The motion passed 7-6.
SECONDED:	McGihon
		VOTE
	Berens	No
	Clapp	No
	Cloer	No
	Green	Yes
	Lundberg	No
	McGihon	Yes
	Riesberg	Yes
	Soper	Yes
	Stafford	No
	Sullivan	No
	Weissmann	Yes
	Frangas	Yes
	Boyd	Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

07:30 PM -- House Bill 05-1106

Representative Brophy, sponsor, presented the bill requiring disclosure of fetal pain to women seeking an abortion. He distributed amendment L.001 and another document to members (Attachments U and V).

The following persons testified.

07:39 PM -- Father Bill Carmundy, citizen, spoke in support of the bill and discussed Colorado's death penalty.

07:41 PM -- Lloyd Athearn and Povy Atchison, citizens, discussed their family's experience with pregnancy.

07:48 PM -- Jeannie Hill, citizen, spoke in support of the bill.

07:51 PM -- Dr. Don Aptekar, Colorado Ob/Gyn Society, spoke against the bill and distributed a document to members (Attachment W). He answered questions about the doctor/patient relationship, disclosure of information to patients, his experience with premature babies, and late-term abortions.

08:04 PM -- Dr. Allan Rastrelli, citizen, discussed fetal surgery and circumcision procedures. He answered questions about fetal pain.

08:15 PM

Representative Brophy discussed L.001.


BILL:	HB05-1106
TIME:	08:19:07 PM
MOVED:	Cloer
MOTION:	Adopt L.001. The motion passed 8-5.
SECONDED:	Stafford
		VOTE
	Berens	Yes
	Clapp	Yes
	Cloer	Yes
	Green	No
	Lundberg	Yes
	McGihon	No
	Riesberg	Yes
	Soper	Yes
	Stafford	Yes
	Sullivan	Yes
	Weissmann	No
	Frangas	No
	Boyd	No
Not Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

08:22 PM

Representative Brophy made concluding remarks. Representative Boyd stated the proper motion for the bill is to the Committee on Appropriations. That motion was made and seconded by Representatives McGihon and Stafford, respectively. Members commented on the bill.

08:31 PM

Representative Boyd pulled the bill off the table and adjourned the committee.