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

PUBLIC
STAFF SUMMARY OF MEETING
HOUSE COMMITTEE ON PUBLIC & BEHAVIORAL HEALTH & HUMAN SERVICES
Date 05/11/2021
Attendance
Bradfield *
Cutter *
Gonzales-Gutierrez *
Holtorf X
Jodeh X
Larson *
Ortiz X
Pelton X
Ricks X
Woog X
Young X
Sirota *
Michaelson Jenet X
Time 01:30:35 PM to 04:17:46 PM
Place HCR 0112
This Meeting was called to order by Michaelson Jenet
This Report was prepared by Alexa Kelly
Hearing Items Action Taken
HB21-1305 Amended, referred to the Committee of the Whole
SB21-098 Referred to House Appropriations
SB21-011 Referred to the Committee of the Whole
SB21-201 Amended, referred to House Appropriations

HB21-1305 - Amended, referred to the Committee of the Whole


01:30:49 PM  
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.

01:35:31 PM  
Representative Pelton, bill sponsor, gave opening comments on the bill.
01:36:44 PM  
Bill sponsors responded to questions from committee members.
01:39:26 PM  

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

01:40:00 PM  
Bill sponsors continued to answer questions about the bill.
01:41:52 PM  
Mita Johnson, Colorado
Association of Addiction Professionals, testified in support of the bill.
 Katherine Garcia, Colorado Providers Association, testified in support
of the bill.  Ms. Valerie Schlecht, Colorado Cross-Disability Coalition,
testified in support of the bill.


01:52:18 PM
Motion Adopt amendment L.001 (Attachment A)
Moved Michaelson Jenet
Seconded Pelton
Bradfield
Cutter
Gonzales-Gutierrez
Holtorf
Jodeh
Larson
Ortiz
Pelton
Ricks
Woog
Young
Sirota
Michaelson Jenet
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
01:52:19 PM  
Representative Michaelson Jenet and Representative Pelton gave final comments on the bill.


01:53:41 PM
Motion Refer House Bill 21-1305, as amended, to the Committee of the Whole.
Moved Michaelson Jenet
Seconded Pelton
Bradfield Yes
Cutter Yes
Gonzales-Gutierrez Yes
Holtorf Yes
Jodeh Yes
Larson Yes
Ortiz Yes
Pelton Yes
Ricks Yes
Woog Yes
Young Yes
Sirota Yes
Michaelson Jenet Yes
Final YES: 13   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB21-098 - Referred to House Appropriations


01:56:15 PM  

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.
01:57:07 PM  
Representative Mullica, bill sponsor, gave opening comments on the bill.
01:58:18 PM  
Bill sponsors responded to questions from committee members.
02:01:39 PM  
Mr. Chris Gassen,
Colorado Department of Regulatory Agencies, answered questions from the
committee.
02:05:40 PM  
Representative Rich and Representative Mullica gave closing comments on the bill.


02:08:10 PM
Motion Refer Senate Bill 21-098 to the Committee on Appropriations.
Moved Sirota
Seconded Holtorf
Bradfield Yes
Cutter Yes
Gonzales-Gutierrez Yes
Holtorf Yes
Jodeh Yes
Larson Yes
Ortiz Yes
Pelton Yes
Ricks Yes
Woog Yes
Young Yes
Sirota Yes
Michaelson Jenet Yes
Final YES: 13   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB21-011 - Referred to the Committee of the Whole


02:08:27 PM  

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.

02:09:26 PM  
Representative Mullica, bill sponsor, gave opening comments on the bill.
02:12:47 PM  
Bill sponsors answered questions from the committee.
02:21:35 PM  
Bill sponsors continue to answer questions.
02:22:53 PM  
Will Clark, Legislative Council Staff, answered questions from committee members.
02:23:45 PM  
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.
02:42:10 PM  
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.
02:49:20 PM  
Christine DiFrancesco,
Serenity Stables Equine Recovery Coach, testified in support of the bill.
Recovery Coach Professional Lori Lassiter, Quest for Recovery, LLC., testified
in support of the bill.   Angie Howes, Colorado Retail Council, testified
in a neutral position on the bill.  
03:03:33 PM  
Ms. Howes responded to questions from committee members.
03:04:09 PM  
Dr. Lacey Brumen,
representing herself, testified in support of the bill.
03:10:20 PM  
Jim Leonard, Colorado
Department of Health Care Policy and Financing, answered questions from
the committee.
03:10:21 PM  
Submitted written testimony can be found in Attachment B.
03:18:28 PM  
Representative Mullica and Representative Pelton gave final remarks on the bill.
03:20:46 PM  
Committee members made final comments on the bill.


03:31:31 PM
Motion Refer Senate Bill 21-011 to the Committee of the Whole.
Moved Pelton
Seconded Cutter
Bradfield No
Cutter Yes
Gonzales-Gutierrez Yes
Holtorf Yes
Jodeh Yes
Larson Yes
Ortiz Yes
Pelton Yes
Ricks Yes
Woog No
Young Yes
Sirota Yes
Michaelson Jenet Yes
Final YES: 11   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS



SB21-201 - Amended, referred to House Appropriations


03:32:09 PM  

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.

03:34:34 PM  
Representative Boesenecker, bill sponsor, gave opening comments on the bill.
03:37:47 PM  
Bill sponsors responded to questions from committee members.
03:50:41 PM  
Kelsey Matthews,
representing herself, testified in support of the bill. MaryAlice Cohen,
Office of Early Childhood at Colorado Department of Human Services, testified
in support of the bill. Ms. Cohen answered questions from the committee.


 

Submitted written testimony can be found in Attachment C.
04:00:25 PM  
Representative Young
introduced and described amendment L.006 (Attachment D).


04:11:19 PM
Motion Adopt amendment L.006 (Attachment D)
Moved Young
Seconded Cutter
Bradfield
Cutter
Gonzales-Gutierrez
Holtorf
Jodeh
Larson
Ortiz
Pelton
Ricks
Woog
Young
Sirota
Michaelson Jenet
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
04:11:20 PM  
Representative Young and Representative Boesenecker gave final remarks on the bill.
04:14:38 PM  
Committee members made final comments on the bill.


04:17:36 PM
Motion Refer Senate Bill 21-201, as amended, to the Committee on Appropriations.
Moved Young
Seconded Ortiz
Bradfield Yes
Cutter Yes
Gonzales-Gutierrez Yes
Holtorf Yes
Jodeh Yes
Larson Yes
Ortiz Yes
Pelton Yes
Ricks Yes
Woog Yes
Young Yes
Sirota Yes
Michaelson Jenet Yes
Final YES: 13   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS


04:17:46 PM   The committee adjourned.






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