7E44AF2573B82C4287258974004AEB2C Hearing Summary

PUBLIC
BILL SUMMARY For REVIEW OF NEW RULES CONCERNING THE PROTECTION OF ACCESS TO REPRODUCTIVE HEALTH CARE IN COLORADO.

JOINT COMMITTEE COMMITTEE ON LEGAL SERVICES
Date Mar 16, 2023
Location HCR 0107

Review of New Rules concerning the protection of access to reproductive health care in Colorado. - Committee Discussion Only

07:38:11 AM

Jennifer Berman,
Office of Legislative Legal Services (OLLS), introduced herself and summarized
the first rule issues regarding rules from the Division of Professions
and Occupations (DORA) concerning the governor's executive order directing
state agencies to protect access to reproductive health care in Colorado

07:41:01 AM

Jennifer Berman,
OLLS, went into detail on the governor's executive order in question and
what it entailed in directing DORA to adopt rules to ensure that regulated
individuals will not be subject to disciplinary action for providing reproductive
health care under the laws of another state as long as the care was lawful
under the laws of Colorado

07:42:13 AM

Jennifer Berman,
OLLS, explained how the rules adopted pursuant to the executive order conflict
with state statute as they were not executed pursuant to a declared emergency
disaster and so cannot change the statutory requirements for regulators
to exercise discretion in making disciplinary determinations

07:43:07 AM

Jennifer Berman,
OLLS, went into detail on the first two specific grounds on which the rules
conflict with statute

07:46:06 AM

Senator Gardner asked
why the rules were before the committee today when some of the rules were
adopted back before November 2022

07:47:14 AM

Jennifer Berman,
OLLS, explained the timeline it took to review the large amount of rules
and the delay in bringing the rules to previous committee meetings because
of previous agenda items that took precedence

07:48:36 AM

Jennifer Berman,
OLLS, went into detail on the third and last ground on which the rules
conflict with statute

07:51:54 AM

Jennifer Berman,
OLLS, recommended that the rules adopted before November 1, 2022, not be
extended as they conflict with statute and also recommended that the rules
adopted after November 1, 2022, be repealed

07:52:55 AM

Representative Dickson
asked if the rules were not extended and repealed, what date that would
take effect

07:53:21 AM

Jennifer Berman,
OLLS, explained what "in-cycle rules" are as rules that were
adopted before November 1st of last year and that the in-cycle rules should
not be extended while the out-of-cycle rules, adopted after November 1st,
should be repealed and that the non-extension and repeal would take place
through an amendment to the Rule Review Bill

07:55:12 AM

Representative Dickson
asked what the timeline is for the rules to repeal through the Rule Review
Bill

07:55:27 AM

Jennifer Berman,
OLLS, explained that the date for the Rule Review Bill is May 15, 2023

07:56:28 AM

Ms. McGovern, DORA,
explained that DORA is not contesting the findings and recommendations
of the OLLS then explained that DORA has a bill going through the legislative
process currently to address the rule issues

07:57:30 AM

Senator Gardner asked
whether DORA has had any licensing or credentialing actions that would
involve the provisions in question

07:57:58 AM

Ms. McGovern, DORA,
explained that as of three days ago they have had no licensing actions
that would meet the criteria

07:58:45 AM	Motion	I move that the rules from the Division of Professions and Occupations, Department of Regulatory Agencies, concerning the implementation of the Governor's Executive Order D 2022 032, titled "Directing State Agencies to Protect Access to Reproductive Health Care in Colorado" specified in section 1 of the Recommendations on pages 12 and 13 of the memorandum on such rules dated March 9, 2023, be extended.
	Moved	Gardner
	Seconded

	Dickson	No
	Gardner	No
	Mabrey	No
	Moreno	No
	Roberts	No
	Van Winkle	No
	Weissman	No
	Wilson	No
	Soper	No
	Gonzales	No
		YES: 0 NO: 10 EXC: 0 ABS: 0 FINAL ACTION: FAIL

08:00:42 AM	Motion	I move that the rules from the Division of Professions and Occupations, Department of Regulatory Agencies, concerning the implementation of the Governor's Executive Order D 2022 032, titled "Directing State Agencies to Protect Access to Reproductive Health Care in Colorado" specified in section 2 of the Recommendations on page 13 of the memorandum on such rules dated March 9, 2023, be repealed.
	Moved	Gardner
	Seconded

	Dickson	Yes
	Gardner	Yes
	Mabrey	Yes
	Moreno	Yes
	Roberts	Yes
	Van Winkle	Yes
	Weissman	Yes
	Wilson	Yes
	Soper	Yes
	Gonzales	Yes
		YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

Review of New Rules concerning the protection of access to reproductive health care in Colorado. - Committee Discussion Only

Colorado General Assembly