House Committee on Health and Human Services (03/16/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES

Date:	03/16/2009	ATTENDANCE

Time:	02:04 PM to 04:11 PM	Acree	E
		Gerou	X
Place:		Green	X
		Kefalas	X
This Meeting was called to order by		Kerr J.	X
	Representative Riesberg	McGihon	*
		Nikkel	X
This Report was prepared by		Primavera	X
	Kelly Stapleton	Swalm	X
		Gagliardi	*
		Riesberg	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB09-030 SB09-179 SB09-225		Referred to the Committee of the Whole Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole

02:05 PM -- Senate Bill 09-030

Senate Bill 09-030 was put back on the table. The bill continues the Child Mental Health Treatment Act through July 1, 2019. For witness testimony, see committee summary from March 9, 2009. Representative Schafer responded to committee questions. A handout regarding the funding of the program was provided to the committee, along with a line item print out of the appropriations for the program (Attachments A and B respectively). The committee discussed the funding mechanism of the program.

02:20 PM -- Janet Wood, Director, Division of Behavioral Health, Department of Human Services, was called to speak on the funding mechanism of the program. She responded to Representative Gerou's question regarding whether there is a need for the program by explaining that the division would manage to continue the program within the appropriation deemed appropriate by the General Assembly.

02:23 PM

Representative Schafer provided a wrap-up to the bill.


BILL:	SB09-030
TIME:	02:23:40 PM
MOVED:	Green
MOTION:	Moved to refer Senate Bill 09-030 to the Committee of the Whole. The motion passed on a 10-0 roll call vote.
SECONDED:	Gagliardi
		VOTE
	Acree	Excused
	Gerou	Yes
	Green	Yes
	Kefalas	Yes
	Kerr J.	Yes
	McGihon	Yes
	Nikkel	Yes
	Primavera	Yes
	Swalm	Yes
	Gagliardi	Yes
	Riesberg	Yes

Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:25 PM -- Senate Bill 09-225

Representative McGihon presented Senate Bill 09-225, which defines contraceptive or contraception to mean a medically acceptable drug, device, or procedure used to prevent pregnancy. She stated that the statutes lack a clear definition of contraception. She stated that the bill is not about abortion, but aims at separating birth control from the abortion debate. She stated that it is important that women have access to reproductive health care. Representative McGihon spoke to amendment L.004 which adds language to the definition of emergency contraception. The amendment reads, "Nothing in this section shall be construed to amend or alter the definition of 'emergency contraception'" (Attachment C).

02:39 PM -- Samantha Cole, representing herself, testified in opposition to the bill. Ms. Cole explained that when women take birth control, the medicine eventually makes it into the water system. She stated that the medicine in the water system is killing fish. She stated she had some concerns regarding the hormones that are dumped into the city's water stream.

02:44 PM -- Dr. Matt Luttrell, representing himself, testified in opposition to the bill. He stated that he does not agree with the statutory definition of pregnancy. He stated that the contraception is actually an abortifacient.

02:49 PM -- Shawna Stierwalt, representing himself, testified in opposition to the bill.

02:50 PM -- Vivian Cole, representing herself, testified in opposition to the bill.

02:52 PM -- Rebecca Messall, attorney, spoke in opposition to the bill. Ms. Messall stated that birth control is an abortifacient.

03:01 PM -- Pete and Marguerite Gormley, representing themselves, spoke in opposition to the bill.

03:05 PM

The committee took a brief recess.

03:10 PM -- Senate Bill 09-179

The committee reconvened. Representative Gagliardi presented Senate Bill 09-179 which makes several changes to state law concerning communicable diseases. Specifically, the bill:

requires all women to be tested for HIV during their first trimester of pregnancy, or when entering

a hospital for delivery if not tested during pregnancy, unless a woman declines the test;

allows state and local health officers to detain a person diagnosed with tuberculosis without a

court order for up to five days and specifies procedures for seeking a court-ordered detention;

clarifies the prohibition on working in food preparation when affected by an infectious disease;
allows the State Board of Health to adopt rules for controlling infectious disease;
creates an exception to the misdemeanor offense for violating a State Board of Health rule

concerning infectious disease by allowing certain health professionals to be subject to a civil

penalty for such a violation;

defines "sexually transmitted infection" and replaces out-of-date medical terminology; and
repeals provisions concerning prescriptions for sexually transmitted infections and exemptions

for reporting the personal information of research subjects anticipating in medical research studies

on AIDS or HIV; and

modifies the membership requirements of the HIV/AIDS Prevention Grant Program

Advisory Committee.

03:15 PM --

Dr. Ned Calonge, Chief Medical Officer, Department of Public Health and Environment, spoke in support of the bill. He stated that 15 percent of pregnant women are not being tested for HIV/AIDS. He stated that the public health department is seeking to close this gap. Dr. Calonge explained the need to update the language in the Colorado statute with regard to sexually transmitted diseases.

03:21 PM --

Scott Matthews, Director of Program Services, March of Dimes, testified in support of the bill. Mr. Matthews provided a handout in support of the bill to the committee (Attachment D).

03:23 PM --

Dr. Chris Urbina, Denver Public Health, spoke in support of the bill.

03:27 PM --

Jeff Thormodsgaard, Colorado Organizations Responding to AIDS, spoke in support of the bill.

03:29 PM --

Kay Kinzie, pregnancy coordinator, Children's Hospital, spoke in support of the bill. Ms. Kinzie stated she is a nurse and has been working with HIV positive mothers for several years. She stated that the transmission of HIV from mothers to their children has been significantly reduced due to testing. She spoke to the critical nature of testing a mother and the increase in positive outcomes if testing occurs.


BILL:	SB09-179
TIME:	03:37:41 PM
MOVED:	Gagliardi
MOTION:	Moved to refer Senate Bill 09-179 to the Committee of the Whole. The motion passed on a 10-0 roll call vote.
SECONDED:	McGihon
		VOTE
	Acree	Excused
	Gerou	Yes
	Green	Yes
	Kefalas	Yes
	Kerr J.	Yes
	McGihon	Yes
	Nikkel	Yes
	Primavera	Yes
	Swalm	Yes
	Gagliardi	Yes
	Riesberg	Yes

Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:39 PM -- The committee took a brief recess.

03:46 PM -- The committee reconvened. Senate Bill 09-225 was put back on the table.

03:48 PM -- Kathy Alderman, Planned Parenthood of the Rocky Mountains, spoke in support of the bill. She spoke to the difference between birth control as defined in the bill and abortion. She stated that birth control as defined in the bill is described as any pill or procedure that prevents pregnancy, whereas abortion terminates pregnancy.

03:52 PM -- Toni Panetta, Political Director, NARAL, spoke in support of the bill. She stated that the bill provides a definition of contraception. She stated that by defining birth control in statute, it removes confusion regarding whether it can be considered an abortifacient by separating it from the debate. Ms. Panetta responded to questions from the committee.

03:59 PM -- Kinsey Hasstedt, representing herself, spoke in support of the bill. She stated that her access to health care should not be up to political debate.

04:01 PM

Representative McGihon provided a wrap-up to the bill.


BILL:	SB09-225
TIME:	04:01:56 PM
MOVED:	McGihon
MOTION:	Moved to adopt prepared amendment L.004 (Attachment C). The motion passed without objection.
SECONDED:	Green
		VOTE
	Acree	Absent
	Gerou
	Green
	Kefalas
	Kerr J.
	McGihon
	Nikkel
	Primavera
	Swalm
	Gagliardi
	Riesberg

Not Final YES: 0 NO: 0 EXC: 0 ABS: 1 FINAL ACTION: TIE


BILL:	SB09-225
TIME:	04:05:43 PM
MOVED:	McGihon
MOTION:	Moved to refer Senate Bill 09-225, as amended, to the Committee of the Whole. The motion passed on a 6-4 roll call vote.
SECONDED:	Green
		VOTE
	Acree	Excused
	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: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS

04:11 PM

The committee adjourned.