H_PBH_2021A 05/11/2021 01:30:35 PM Committee Summary

Representative Michaelson Jenet, bill sponsor, introduced and gave opening remarks on HB21-1305. The bill exempts certain conviction records in the custody of a board which regulates mental health professions in the Department of Regulatory Agencies from the Colorado Open Records Act. It also permits a licensee, registrant, or certificate holder who was issued a letter of admonition by a board to petition the board to seal the letter, and specifies the conditions under which a letter may be sealed. An applicant for a new credential, a renewal, or a reinstatement is not required to provide information concerning a letter sealed in this way in their application.

The bill directs the State Board of Human Services in the Department of Human Services to promulgate rules specifying education requirements for licensed addiction counselors in lieu of the existing statutory requirements, and adjusts the experience requirements for licensure. It also clarifies the circumstances under which an addiction practitioner may provide clinical supervision for a person working toward a professional credential.

Representative Pelton, bill sponsor, gave opening comments on the bill.

Bill sponsors responded to questions from committee members.

Representative Michaelson Jenet spoke about amendment L.001 (Attachment A).

Bill sponsors continued to answer questions about the bill.

Representative Michaelson Jenet and Representative Pelton gave final comments on the bill.

Representative Rich, bill sponsor, introduced and made opening comments on SB21-098. Current law requires the Prescription Drug Monitoring Program (PDMP), which is administered by the Department of Regulatory Agencies, to track all controlled substances prescribed in Colorado. The program is scheduled to repeal on July 1, 2021. The bill extends the repeal date of the program until September 1, 2028, following a sunset review, and makes the following modifications:

• authorizes the State Board of Pharmacy to identify additional prescription drugs and substances that have potential for abuse and require these prescriptions to be reported to the program;
• authorizes the State Board of Pharmacy to establish data retention policies for the program;
• allows a coroner to grant permission to a deputy coroner to query the program; and
• requires reporting on efforts to seek donations during the department’s SMART Act hearing.

Representative Mullica, bill sponsor, gave opening comments on the bill.

Bill sponsors responded to questions from committee members.

Representative Rich and Representative Mullica gave closing comments on the bill.

Representative Pelton, bill sponsor, introduced and gave opening comments on SB21-011. The bill requires pharmacists who dispense opioids to inform individuals of the potential dangers of a high dose of an opioid, and offer to dispense them an opiate antagonist if:

• the individual is also prescribed a benzodiazepine, a sedative hypnotic drug, carisoprodol, tramadol, or gabapentin; or
• the opioid prescription being dispensed is 90 morphine milligram equivalent or greater.

Pharmacists must also notify these individuals of available generic and brand-name opiate antagonists. The bill does not apply to pharmacists dispensing medication to a patient who is in hospice or palliative care, or to residents in veteran community living centers.

Representative Mullica, bill sponsor, gave opening comments on the bill.

Bill sponsors answered questions from the committee.

Bill sponsors continue to answer questions.

Will Clark, Legislative Council Staff, answered questions from committee members.

Corinthiah Brown, representing herself, testified in support of the bill. Ms. Teri Smith, representing herself, testified in support of the bill. Mr. Austin Vincent, Colorado Farm Bureau, testified in support of the bill. Ms. Selena Owen, RxPlus Pharmacies, testified in support of the bill.

Ms. Gabriella Turnbill, representing herself, testified in support of the bill. Nicole Estes, representing herself, testified in support of the bill. Ms. Leah Lewis, representing herself, testified in support of the bill. Committee members made comments to the panel.

Ms. Howes responded to questions from committee members.

Submitted written testimony can be found in Attachment B.

Representative Mullica and Representative Pelton gave final remarks on the bill.

Committee members made final comments on the bill.

Representative Young, bill sponsor, introduced and gave opening comments on SB21-201. The bill makes several changes to requirements and penalties for child care facilities that are required to be licensed or that are exempt from licensure by the Department of Human Services (DHS) and county departments of human or socials services, as outlined below.

Public information. The bill requires the DHS to publicly post the name and location of any child care provider who is operating without a valid license exemption, and has one or more cease-and-desist orders issued against it. If more than one cease-and-desist order has been issued, DHS must post the total number of such orders. All of this information must be accessible and prominent on the department’s child care provider website on or before July 1, 2021, and ongoing thereafter, in a manner that conforms to the requirements for website posting set forth in the federal Child Care and Development Block Grant Act. This act requires information regarding eligible child care providers to be made available by electronic means that is consumer-friendly in an easily accessible format, organized by provider.

Injunctive relief. The bill requires the DHS to apply for an injunction if a child care facility is operating without a license or valid license exemption, has a pattern of providing child care in violation of licensing requirements, and has continued to provide care despite notification from the DHS that they are violating the law. At the time that the DHS applies for an injunction, it must notify law enforcement about the injunction proceedings. If a provider violates an injunction issued by the courts, the bill allows them to be tried and punished for contempt of court.

Criminal offenses. The bill makes it a petty offense for operators of a child care facility to not address a violation resulting in a cease-and-desist order within the allotted period given by the DHS or county departments. This offense may result in a fine of up to $500 or a sentence of up to 10 days in jail, or both. It also reclassifies existing misdemeanor offenses for violating family child care license provisions or making a false statement or report to the department as a petty offense. These offenses are subject to the penalties listed above, rather than a fine only of between $300 and $500 as under current law.

Civil penalties. The bill revises and increases penalties and fines for child care facility operators to $250 a day for first offense, $500 a day for second offense, and $1,000 a day for subsequent offenses, up from $150 a day under current law. The maximum combined penalty remains $10,000 as under current law.

CCCAP eligibility. The bill clarifies that family child care home providers are not eligible for issuance or renewal of Colorado Child Care Assistance Program contracts if they have demonstrated a pattern of petty offense convictions within the past ten years.

Representative Boesenecker, bill sponsor, gave opening comments on the bill.

Bill sponsors responded to questions from committee members.

Representative Young and Representative Boesenecker gave final remarks on the bill.

Committee members made final comments on the bill.