Senate Committee on Health and Human Services (03/11/2009)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES

Date:	03/11/2009	ATTENDANCE

Time:	10:44 AM to 12:33 PM	Carroll M.	X
		Lundberg	X
Place:	SCR 356	Mitchell	*
		Morse	X
This Meeting was called to order by		Newell	X
	Senator Boyd	Schultheis	X
		Tochtrop	X
This Report was prepared by		Boyd	X
	Elizabeth Burger
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB09-239 HB09-1102 HB09-1139		Amended, Referred to Appropriations Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole

10:45 AM -- Senate Bill 09-239

The committee began their discussion of Senate Bill 09-239. The bill implements the recommendations of the Department of Regulatory Agencies in its sunset review of the State Board of Nursing. The committee previously considered witness testimony on the bill on Thursday, March 5. At that time, the committee adopted amendment L.001 (Attachment A). Amendments L.003, L.005, L.006, L.009, and L.011 (Attachments B through F), were distributed to the committee. In addition, a letter concerning the fining authority of various regulatory boards was distributed to the committee (Attachment G). Senator Tochtrop discussed the bill, and the practice of advanced practice nurses. Senator Tochtrop discussed the inclusion of the term "delegated medical authority" in the definition of advanced practice nursing, stating that inclusion of the term could affect the scope of practice of advanced practice nurses. Senator Carroll explained amendment L.011, noting that it makes changes to amendment L.006. Amendment L.006 defines the practice of advanced practice nursing.


BILL:	SB09-239
TIME:	10:54:37 AM
MOVED:	Tochtrop
MOTION:	Adopt prepared amendment L.006 (Attachment D). The motion passed without objection.
SECONDED:
		VOTE
	Carroll M.
	Lundberg
	Mitchell
	Morse
	Newell
	Schultheis
	Tochtrop
	Boyd

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


BILL:	SB09-239
TIME:	10:58:35 AM
MOVED:	Carroll M.
MOTION:	Adopt prepared amendment L.011 (Attachment F). The motion passed without objection.
SECONDED:
		VOTE
	Carroll M.
	Lundberg
	Mitchell
	Morse
	Newell
	Schultheis
	Tochtrop
	Boyd

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

10:59 AM

Senator Lundberg explained amendment L.009. The amendment removes the authority of the State Board of Nursing to assess fines. Various committee members discussed the amendment. The committee discussed whether the bill should be amended to remove the minimum threshold for the fines.


BILL:	SB09-239
TIME:	11:18:36 AM
MOVED:	Lundberg
MOTION:	Adopt prepared amendment L.009 (Attachment E). The motion passed on a 5-3 roll call vote.
SECONDED:
		VOTE
	Carroll M.	No
	Lundberg	Yes
	Mitchell	Yes
	Morse	No
	Newell	No
	Schultheis	Yes
	Tochtrop	Yes
	Boyd	Yes

Not Final YES: 5 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:19 AM

Senator Carroll discussed amendment L.003. The amendment concerns liability coverage for advance practice nurses.


BILL:	SB09-239
TIME:	11:22:38 AM
MOVED:	Tochtrop
MOTION:	Adopt prepared amendment L.003 (Attachment B). The motion was withdrawn.
SECONDED:
		VOTE
	Carroll M.
	Lundberg
	Mitchell
	Morse
	Newell
	Schultheis
	Tochtrop
	Boyd

Not Final YES: 0 NO: 0 EXC:0 ABS: 0 FINAL ACTION: Withdrawn


BILL:	SB09-239
TIME:	11:23:42 AM
MOVED:	Tochtrop
MOTION:	Refer Senate Bill 09-239, as amended, to the Committee on Appropriations. The motion passed on a 8-0 roll call vote.
SECONDED:
		VOTE
	Carroll M.	Yes
	Lundberg	Yes
	Mitchell	Yes
	Morse	Yes
	Newell	Yes
	Schultheis	Yes
	Tochtrop	Yes
	Boyd	Yes

Final YES: 8 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:27 AM -- House Bill 09-1102

Senator Scheffel introduced House Bill 09-1102. The bill requires the Health Care Task Force to study the portability of health insurance. He stated that the issue is especially important considering the economic climate, and that the cost of maintaining health insurance through COBRA can be prohibitively expensive. He responded to questions from Senator Schultheis regarding discussions the task force may have on health insurance portability. Senator Newell commented on the portability of insurance when an employee loses coverage because of a job loss. Senator Schultheis expressed concerns that the recommendations of the task force with regard to insurance portability could increase the cost of health insurance.

11:37 AM -- Tara Trujillo, Colorado Children's Campaign, discussed problems associated with a lack of health insurance. She stated that the bill will allow for insight as to what recommendations on insurance portability are best for the state.

11:39 AM -- Sheryle Hutter, Equal Justice Foundation and the Colorado Cross Disability Coalition, testified in support of the bill, stating that there is confusion over COBRA.


BILL:	HB09-1102
TIME:	11:40:19 AM
MOVED:	Boyd
MOTION:	Refer House Bill 09-1102 to the Committee of the Whole. The motion passed on a 7-1 roll call vote.
SECONDED:
		VOTE
	Carroll M.	Yes
	Lundberg	Yes
	Mitchell	Yes
	Morse	Yes
	Newell	Yes
	Schultheis	No
	Tochtrop	Yes
	Boyd	Yes

Final YES: 7 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

11:42 AM -- House Bill 09-1139

Senator Tochtrop introduced House Bill 09-1139. The bill creates a 10-member Fetal Alcohol Spectrum Disorders Commission to address issues concerning fetal alcohol disorders and to make recommendations. In addition, the bill encourages licensed alcohol vendors to post a health warning sign informing patrons that consuming alcohol during pregnancy may cause birth defects, including Fetal Alcohol Syndrome. She spoke to the importance of education regarding Fetal Alcohol Syndrome. Senator Tochtrop responded to questions from Senator Newell regarding how the alcohol vendors will be encouraged to post the warning sign. Senator Tochtrop responded to questions from Senator Schultheis regarding warning labels on alcohol beverages and the amount of alcohol consumption that causes Fetal Alcohol Syndrome. Various committee members commented on the bill and on similar legislation in other states.

11:54 AM -- Dr. Sharon Langendoerfer, representing the March of Dimes, distributed a handout to the committee (Attachment H). She spoke to the problems caused by alcohol exposure during pregnancy. She stated that the bill is an additional step toward prevention.

12:00 PM -- Scott Matthews, representing the March of Dimes, testified in support of the bill, stating that there has been little done to promote public awareness of the negative effects of drinking during pregnancy. He stated that alcohol exposure in pregnancy is the leading cause of mental retardation and that creating a commission to promote public awareness is very important. He distributed a handout to the committee (Attachment I).

12:05 PM -- Dr. Pam Gillen, representing the University of Colorado, Denver, responded to questions from Senator Schultheis regarding the level of alcohol consumed during pregnancy that can cause Fetal Alcohol Syndrome. She noted that a number of different organizations have the position that no alcohol should be consumed during pregnancy. She stated that a lot of women receive incorrect information about consuming alcohol during pregnancy. She responded to questions from Senator Schultheis regarding whether there is disagreement among doctors regarding Fetal Alcohol Syndrome. She noted that 20 other states currently have requirements related to warning signs about alcohol consumption during pregnancy. Dr. Gillen responded to questions from Senator Schultheis regarding the preventative effects of warning signs.

12:16 PM -- Cynthia Eikenberg, parent, testified regarding her experience caring for children who were exposed to drugs and alcohol pre-birth. She distributed a copy of her testimony to the committee (Attachment J).

12:19 PM -- Eileen Bisgard, parent, testified regarding her experience caring for children with fetal alcohol spectrum disorders. She distributed two handouts to the committee (Attachments K and L). She stated that the bill is a step towards making a difference in the problem of fetal alcohol exposure. She spoke to the significance of the problem in Adams County. She responded to questions from Senator Schultheis regarding treatment for children with fetal alcohol spectrum disorders.

12:27 PM

Senator Tochtrop gave concluding remarks regarding the bill.


BILL:	HB09-1139
TIME:	12:27:40 PM
MOVED:	Tochtrop
MOTION:	Amend page 4, line 5, strike "adult health care;" and substitute "family physicians;". The motion passed without objection.
SECONDED:
		VOTE
	Carroll M.
	Lundberg
	Mitchell
	Morse
	Newell
	Schultheis
	Tochtrop
	Boyd

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


BILL:	HB09-1139
TIME:	12:28:15 PM
MOVED:	Tochtrop
MOTION:	Refer House Bill 09-1139, as amended, to the Committee of the Whole. The motion passed on a 4-3 roll call vote, with one member excused.
SECONDED:
		VOTE
	Carroll M.	Yes
	Lundberg	No
	Mitchell	No
	Morse	Yes
	Newell	Excused
	Schultheis	No
	Tochtrop	Yes
	Boyd	Yes

Final YES: 4 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS

12:32 PM

The committee recessed.