AB44E75BBDF1E0758725860E005810A0 Hearing Summary

Jennifer Gilroy, Revisor of Statutes, Office of Legislative Legal Services (Office), testified before the Committee. Ms. Gilroy presented her memo regarding the publication of HB 20-1230. HB 20-1230 was a sunset bill concerning the practice of occupational therapy that amended the current practice act, which act repealed before the bill amending it took effect.

Representative Soper was present at 10:13 a.m.

Senator Holbert and Ms. Gilroy discussed the effective dates of the bill, including what is currently effective, and what discretion the Committee has with regards to the publication of the bill.

Representative Weissman and Ms. Gilroy clarified the questions before the Committee including 1) What is going to be published in the 2020 statutes and 2) What is the law concerning the practice of occupational therapy right now.

Senator Gardner offered his opinion that the Office's action was correct.

Representative Snyder and Ms. Gilroy discussed solutions.

Pamela DiPasquale-Lehnerz, President of the Occupational Therapy Association of Colorado, testified before the committee. Ms. DiPasquale-Lehnerz testified that the General Assembly intended to reauthorize licensing of occupational therapists and that not publishing HB 20-1230 will cause confusion and cause issues with licenses up for renewal in December 2020.

Karen McGovern, Deputy Division Director, Division of Professions and Occupations, DORA, stated that she was available for technical questions.

Representative Snyder and Ms. DiPasquale-Lehnerz discussed whether occupational therapists have invested and are practicing in telehealth.

Representative Weissman and Ms. McGovern discussed what publishing versus not publishing the bill means for DORA's regulation of occupational therapists.

Representative Soper and Ms. McGovern discussed how DORA could deal with a situation like this if they knew the legislature was going to fix the issue.

Senator Gardner and Ms. McGovern discussed the issues with licensing in this situation.

Senator Holbert asked whether the Governor can resolve the issues with an executive order due to the unique circumstances of COVID-19, which caused the effective date issue.

Christopher Beall, Deputy Attorney General for the Business and Licensing Section, counsel to DORA, testified before the Committee. Mr. Beall answer Senator Holbert's question and explained that the Governor cannot make positive law under the disaster emergency powers. Mr. Beall explained his memo regarding the effective date of HB 12-1230.

Senator Gardner and Mr. Beall discussed what action the Committee could take today and what the General Assembly could do next session.

Representative Weissman and Mr. Beall discussed the differing interpretations of the constitution in the memos from the Office and the AG.

Representative Van Winkle and Mr. Beall discussed further the Governor's authority to issue executive orders during a declared disaster emergecy.

Senator Holbert and Mr. Beall discussed the possible solutions for correcting the effective date issue.

Senator Foote and Mr. Beall discussed the constitutional provisions affecting the bill.

Representative Weissman and Mr. Beall further discussed the constitutional provisions.

Representative Snyder spoke to the Committee's ability to fix the issue and how the people of Colorado would be best served.

Ms. Gilroy discussed the different publishing options available for the provisions in HB 20-1230 dealing with the occupational therapy practice act.

Representative Weissman discussed updating the online version of the statutes.

The Committee went into a brief recess at 11:45 a.m.

The Committee returned from recess at 11:56 a.m.

The Committee voted on the following motion and then after the vote laid over the balance of their agenda before adjourning.