H_PHC_2020A 03/13/2020 10:40:55 AM Committee Summary

Representative Esgar, bill sponsor, presented Senate Bill 20-166. Under current law, for a person under the age of 18 to obtain new identification documents, including a birth certificate, driver's license, identification card, or instruction permit, that reflects a change in gender designation, the state department must receive a request and statement from the minor's parents, guardian, or legal representative.  Additionally, the state department must receive a statement from a professional medical or mental health care provider that either the minor has undergone treatment for gender transition or the person has an intersex condition, and that in the provider's professional opinion, the minor's gender designation should be changed accordingly.  

Under the bill, for a person under the age of 18 to obtain a new birth certificate, the Department of Public Health and Environment (CDPHE) must receive:

• a written request from the minor's parent, legal guardian, or legal representative to issue a new birth certificate with a gender designation that differs from the sex designated on the minor's original birth certificate; and
• a statement from a professional medical or mental health care provider stating that the sex designation on the original birth certificate does not align with the minor's gender identity.

Additionally, for an individual under the age of 18 to receive new identification documents from the Department of Revenue (DOR), including a driver's license, identification card, or instruction permit, the DOR must receive either a new birth certificate or the documentation cited above.

Mara Brosy-Wiwchar, Colorado Department of Public Health and Environment, testified in favor of the bill.

The bill sponsor made final comments on the bill.

Representative Froelich, bill sponsor, presented House Bill 20-1316. This bill repeals a section of the Uniform Parentage Act concerning assisted reproduction and creates the Colorado Surrogacy Agreement Act to govern surrogacy agreements.  Specifically, the act:

• creates eligibility requirements to execute an agreement;
• specifies the process for creating a surrogacy agreements, the content of such agreements, and parties' right to legal representation;
• establishes how agreements may be changed as a result of a change in marital status;
• outlines the process and obligation of parties when terminating an agreement; and
• authorizes the court to issue orders pertaining to matters arising for surrogacy agreements.

The bill sponsor described and distributed amendment L.003 (Attachment A).

The bill sponsor responded to questions from the committee.

Dr. Althea O'Shaughnessy, Colorado Fertility Advocates, testified in favor of the bill.

Judy Becerra, representing herself, testified in favor of the bill.

Laura Konpal, representing herself, testified in favor of the bill.

Ellen Trachman, Colorado Women's Bar Association, testified in favor of the bill.

The previous panel of witnesses responded to questions from the committee.

Shanna Shushereba, representing herself, testified in favor of the bill.

Emily McArthur read the testimony of Mark Delgado in favor of the bill.

Leea DiPentino, representing herself, testified in favor of the bill.

Judith Hoechst, representing herself, testified in favor of the bill.

The previous panel of witnesses responded to questions from the committee.

Christina Ewoldt, representing herself, testified in favor of the bill.

Peter Sherlock, representing himself, testified in favor of the bill.

The previous panel of witnesses responded to questions from the committee.

The bill sponsor responded to questions about amendment L.003 (Attachment A).

Dr. O'Shaughnessy responded to questions about amendment L.003 (Attachment A).

The bill sponsor made final comments on the bill.

Representative Buckner, bill sponsor, presented Senate Bill 20-040.  This bill enacts the Genetic Counselor Licensure Act, requiring genetic counselors to be licensed by the Division of Professions and Occupations in the Department of Regulatory Agencies (DORA) starting on June 1, 2021.  The bill establishes the licensing requirements, including  being certified by the American Board of Genetic Counseling or the American Board of Medical Genetics and Genomics.  In addition, the bill sets forth the application and renewal processes, continuing education requirements, the scope of practice for licensees, rulemaking authority, insurance requirements, and disciplinary procedures.  The bill does not restrict the practice of certain individuals, such as doctors, students, federal employees, or individuals from another state or county who are certified.  The bill is scheduled to repeal on September 1, 2027, after a sunset review.  Finally, the bill creates two new misdemeanors for practicing genetic counseling without a license.

The bill sponsor responded to questions from the committee.

Lauren Pickens, Colorado Academy of Nutrition and Dietetics, testified in opposition to the bill. She distributed a handout to the committee (Attachment B).

The witness responded to questions from the committee.

Carol Walton, Children's Hospital Colorado, testified in support of the bill.

Tim Benke, Children's Hospital Colorado, testified in support of the bill.

Mary Freivogel, representing herself, testified in support of the bill.

The previous panel of witnesses responded to questions from the committee.

Thomas Morris, Office of Legislative Legal Services, responded to a question about the bill.

Aaron Carpenter, Legislative Council Staff, responded to a question concerning the fiscal note.

Representative Buckner responded to questions from the committee.

The bill sponsor made closing comments on the bill.

Representative Young and Representative Pelton, bill sponsors, presented House Bill 20-1314. This bill requires the Department of Health Care Policy and Financing (HCPF) to issue a request for proposal (RFP) to contract with a vendor to provide statewide training in a comprehensive model of care that is available through teleconferencing to processionals who work with individuals with intellectual and developmental disabilities.  HCPF must contract with the vendor by July 30, 2020.  By August 30, 2020, community-centered boards, mental health centers, and other approved service agencies must nominate one provider to be trained in the comprehensive care coordination model.  Up to 20 providers may be selected for training and an additional 10 providers from underserved areas must be selected by HCPF with coordination from community-centered boards.  All participating providers must complete the training by January 1, 2021, and HCPF must reimburse participating providers for the time spent in training.

The bill sponsors responded to questions from the committee.

Christiano Sosa, The Arc of Colorado, testified in support of the bill.

Reni Moreno, Foothills Gateway, testified in support of the bill.

Cordelia Rosenberg, JFK Partners, testified in support of the bill.

Abigail Negley, The Arc of Colorado, read the testimony of Ron Brown in support of the bill.

Louisa Wren, Rocky Mountain Health Plans, testified in support of the bill.

Libby Malone, Colorado Society of School Psychologists, testified in support of the bill.

Brittany Greiert, Colorado Society of School Psychologists, testified in support of the bill.

The bill sponsor distributed and discussed amendment L.001 (Attachment C).

The bill sponsors made closing comments on the bill.

Committee members made closing comments on the bill.

Representative Baisley, bill sponsor, introduced House Bill 20-1297. This bill clarifies that a child's immunization status or a parent or legal guardian's decision to delay or decline one or more immunizations for a child does not, by itself constitute child abuse or neglect.  The bill specifies that a dependency and neglect investigation cannot be based solely on these immunization factors.  Any party who reports suspected child abuse or neglect based solely on the child's immunization status is subject to punishment for a class 3 misdemeanor.

He distributed a handout to the committee (Attachment D).

Representative Baisley distributed amendments L.002 (Attachment E) and L.004 (Attachment F).

The bill sponsor responded to questions from the committee.

Theresa Wrangham, National Vaccine Information Center, testified in support of the bill and distributed a handout (Attachment G).  Kim Zawacki, representing herself, testified in support of the bill and distributed a handout (Attachment H).  Rachel Ponsor, representing herself, testified in support of the bill.  Els Kreger, representing herself, testified in support of the bill.

The panel of witnesses responded to committee questions.

Cinthia Williamson, representing herself, testified in support of the bill.  Leslie Scott, Democrats for Medical Autonomy, testified in support of the bill.

Written testimony was submitted to be included with the record (Attachment I).

The bill sponsor made closing comments on the bill.

Committee members made closing comments on the bill.