Bill Summary for Bill Number HB09-1032

Date: 01/26/2009

Final
BILL SUMMARY for HB09-1032

HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES

Votes: View-->	Action Taken:
Moved to adopt prepared amendment L.002 (Attachmen Moved to adopt prepared amendment L.005 (Attachmen Moved to postpone House Bill 09-1032 indefinitely. Moved to refer House Bill 09-1032 to the Committee	Pass Without Objection Pass Without Objection PASS FAIL

01:34 PM -- House Bill 09-1032

Representative Liston presented House Bill 09-1032 which directs a pharmacist to require a photo identification from a person seeking to fill a prescription for a schedule I and II controlled substance. Representative Liston provided several statistics regarding the number of individuals abusing prescription medications. He spoke to amendment L.005 which exempts mail-order pharmacy deliveries or pharmacies that deliver directly to a nursing home (Attachment A). Representative Liston also spoke to amendment L.002 (Attachment B).

01:42 PM

Sheryle Hutter, Colorado Cross Disability Coalition and the Colorado Disability Council, testified in opposition to the bill. She stated that she has great concerns with this bill for the disability population. Ms. Hutter stated that this bill will put an additional burden on this population and it is not in the best interest of the population. Committee members has several questions of the witness. Ms. Hutter stated that it can be difficult for members of this population to obtain a driver's license or some other kind government identification.

01:52 PM

Mary Pat Aardrup, Senior Vice President, National Pain Foundation, testified in opposition to the bill. Ms. Aardrup stated that she appreciates the intent of the bill to reduce the abuse of prescription medications. She stated that if a person is required to show proof of identification, a person waiting to mug someone for their pain medication would be tipped off that the person was filling a prescription for pain medication, as other medications do not require proof of identification. Ms. Aardrup stated that she is concerned about the unintended consequences of this bill.

02:01 PM

Faith Gross, the Legal Center for People with Disabilities and Older People, testified in opposition to the bill. Ms. Gross stated that she has helped the disabled and elderly prepare for the recent elections. She stated that in that process, there were several individuals that did not have identification. She stated she was concerned over the impact on this population that are consumers of schedule I and II controlled substances. Representative Gerou made a comment that identification is probably going to be required at some point in the future. Representative McGihon asked the witness to comment on the fact that the bill requires that a "government issued identification" is required versus a different type of identification. Ms. Gross agreed stated that was a great concern to her. She stated she would be more amenable to the bill if a state-funded program could cover the cost of obtaining an identification.

02:08 PM

Julie Gonzales, Policy Coordinator, Colorado Immigrant Rights Coalition (CIRC), testified in opposition to the bill. She stated she is concerned about the unintended consequences of the bill. Ms. Gonzales concurred with Ms. Gross with regard to obtaining a government-issued identification. She pointed out that many low-income and people of color may be disenfranchised by this bill. Ms. Gonzales also pointed out the financial hardship that the bill will put on several individuals.

02:12 PM

Cathy Hazouri, Executive Director, American Civil Liberties Union (ACLU), testified in opposition to the bill. Ms. Hazouri stated that several witnesses have testified to the hardship that obtaining a government-issued identification poses. She stated that although many people feel it is a simple process to get a birth certificate which is what is required to get a government-issued identification, it can very difficult. Ms. Hazouri reiterated that this bill will disenfranchise individuals with disabilities. Ms. Hazouri commented that it took her three months to get a new driver's license and she pointed out that she is a lawyer and knows how the system works. She pointed out that the bill does not get at reducing drug abuse.

02:27 PM

Chris Howes, Colorado Retail Council, provided information to the committee that most of their members participate in the Colorado Prescription Drug Monitoring program. He stated they are in opposition to the bill without amendments. He responded to committee members questions regarding how well pharmacists are trained to verify identification. Mr. Howes noted that pharmacist must also take into consideration the length of time it takes to fill a prescription, and if the bill passes, the length of time it would take to fill a prescription and verify an client's identification.

02:32 PM

Detective Rhonda Yohn, Metro Vice, Narcotics and Intelligence Division, Colorado Springs Police Department, testified in support of the bill. Detective Yohn provided her written testimony and a fact sheet to the committee (Attachment C). Detective Yohn described several ways individuals obtain prescription drugs illegally. She stated that these individuals are not picked up by the prescription monitoring system because they are not required to show an identification. Representative McGihon noted that one of the amendments removes the record keeping aspect of the bill. There was some discussion with committee members regarding the effect of not having record keeping aspect to the bill. Detective Yohn responded to Representative Kefalas' question stating that several states such as Wyoming, Florida, New York, and Ohio have passed a similar law to House Bill 09-1032, but could not speak to the results as they are fairly new laws.

02:44 PM

Byron K. Bruce, Drug Enforcement Administration, testified in support of the bill. Mr. Bruce stated that he works in the Tactical Diversion Squad which was established to combat the problem of pharmaceuticals being sold into the community. He spoke to how individuals obtain illegal prescriptions. He stated that without identification, most people can obtain multiple prescriptions.

02:56 PM

Detective Dale Wallis, Denver Police Department and the Drug Enforcement Agency, testified in support of the bill. Detective Wallis stated that one pill of oxcycotton on the street goes for about $80. He reiterated and concurred with Detective Bruce's comments.

03:12 PM

Richard Sruka, pharmacist, testified in support of the bill. He stated that he is not necessarily trained in verifying identification. He stated that many individuals are getting smarter at requesting fraudulent prescriptions. He pointed out that at-risk individuals typically use the same pharmacists and the pharmacists know them. He stated those individuals are not the problem.

03:19 PM

Dr. Val Kalnins, Executive Director, Colorado Pharmacists Society, testified in support of the bill with amendments. Mr. Kalnins acknowledged that mandating pharmacists to verify photo identification for prescriptions for controlled substances could be overly burdensome for pharmacists.

03:21 PM

Peg Ackerman, Legislative Liaison, County Sheriff's of Colorado, testified in support of the bill. She stated that at the recent county sheriff stakeholder meeting, that the sheriff's voted unanimously for the bill.

03:22 PM

Susan Cox, Kaiser Permanente, testified in support of the bill. She reiterated support of the bill with amendments. She stated that Kaiser requires identification from their clients, but she also pointed out that Kaiser is a closed system, meaning that it only serves its members.

03:25 PM

Brad Young, RxPlus Pharmacies, testified in support of the bill. He reiterated and concurred with Dr. Kalnins testimony and stated they support the bill with amendments.

03:31 PM

Representative Liston responded to questions from the committee. He stated that individuals who were purchasing prescriptions and disbursing those prescriptions are breaking the law and could face a felony charge. He stated that by requiring individuals to show identification, the impact of facing a felony becomes more real. He stated that he does not think it is overly burdensome to require individuals to show identification. He stated that by requiring individuals to show proof of identification will not eradicate the problem, but will at least address the problem.


BILL:	HB09-1032
TIME:	03:35:50 PM
MOVED:	Kerr J.
MOTION:	Moved to adopt prepared amendment L.002 (Attachment B). Representative Liston explained the amendment. The motion passed without objection.
SECONDED:	Gerou
		VOTE
	Acree
	Gerou
	Green
	Kefalas
	Kerr J.
	McGihon
	Nikkel
	Primavera
	Swalm
	Gagliardi
	Riesberg

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1032
TIME:	03:39:41 PM
MOVED:	Kerr J.
MOTION:	Moved to adopt prepared amendment L.005 (Attachment A). Representative Liston explained the amendment. Representative Riesberg expressed some concern that controlled substances may still be delivered by pharmacists and received without showing identification under this bill. The motion passed without objection.
SECONDED:	Gerou
		VOTE
	Acree
	Gerou
	Green
	Kefalas
	Kerr J.
	McGihon
	Nikkel
	Primavera
	Swalm
	Gagliardi
	Riesberg

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

03:46 PM

Representative Liston provided a wrap-up to the bill. He stated that the pharmacists have testified in support of the bill. He stated that individuals must show identification to obtain alcohol and that controlled substances are much more dangerous to society. He concluded by saying that by requiring individuals to show a photo identification will reduce fraudulent prescription filling.


BILL:	HB09-1032
TIME:	03:50:07 PM
MOVED:	Kerr J.
MOTION:	Moved to refer House Bill 09-1032 to the Committee of the Whole. The motion failed on a 5-6 roll call vote.
SECONDED:	Swalm
		VOTE
	Acree	Yes
	Gerou	Yes
	Green	No
	Kefalas	No
	Kerr J.	Yes
	McGihon	No
	Nikkel	Yes
	Primavera	No
	Swalm	Yes
	Gagliardi	No
	Riesberg	No

Final YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1032
TIME:	03:54:13 PM
MOVED:	McGihon
MOTION:	Moved to postpone House Bill 09-1032 indefinitely. The motion passed on a 6-5 roll call vote.
SECONDED:	Gagliardi
		VOTE
	Acree	No
	Gerou	No
	Green	Yes
	Kefalas	Yes
	Kerr J.	No
	McGihon	Yes
	Nikkel	No
	Primavera	Yes
	Swalm	No
	Gagliardi	Yes
	Riesberg	Yes

Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:55 PM

The committee took a brief recess.