J_LS_2023A 03/16/2023 07:37:05 AM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGJOINT COMMITTEE COMMITTEE ON LEGAL SERVICES Date 03/16/2023 Attendance Dickson X Gardner X Mabrey X Moreno X Roberts X Van Winkle X Weissman X Wilson X Soper X Gonzales X Time 07:37:05 AM to 08:18:35 AM Place HCR 0107 This Meeting was called to order by Gonzales This Report was prepared by Courtney Dunaway Hearing Items Action Taken hReview of New Rules concerning the protection of access to reproductive health care in Colorado. Committee Discussion Only hReview of New Rules concerning the protection of Colorado's workforce and expanding licensing opportunities. Committee Discussion Only hResponses to annual request for letters of interest regarding representation of the General Assembly Committee Discussion Only hOther business Committee Discussion Only 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 Colorado's workforce and expanding licensing opportunities. - Committee Discussion Only 08:02:34 AM Jennifer Berman, OLLS, introduced the next DORA rules, in conflict with statute, adopted pursuant to a governor's executive order concerning protecting Colorado's workforce and expanding licensing opportunities 08:04:00 AM Jennifer Berman, OLLS, explained which statutes the rules conflict with and recommended that the committee not extend the rules adopted before November 1, 2022, and that the committee repeal the rules adopted after November 1, 2022 08:05:24 AM Ms. McGovern, DORA, thanked the OLLS for working with DORA on the issues and explained that they are not contesting the issues then explained that DORA is currently drafting legislation to address the rule issues 08:06:05 AM Senator Gardner asked if any licensing or credentialing actions regarding the rule issues had arisen 08:06:30 AM Ms. McGovern, DORA, stated that yes there had been multiple applications where a history of marijuana convictions had been disclosed 08:07:06 AM Senator Gardner asked if prior to the adoption of the rules a prior conviction for use of marijuana would not have been an outright bar in most credentialing actions 08:07:34 AM Ms. McGovern, DORA, explained that the senator was correct 08:08:40 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 034, titled "Protecting Colorado's Workforce and Expanding Licensing Opportunities" 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 Soper Seconded Dickson No Gardner No Mabrey Yes Moreno No Roberts No Van Winkle No Weissman No Wilson No Soper No Gonzales No YES: 1 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL 08:10:14 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 034, titled "Protecting Colorado's Workforce and Expanding Licensing Opportunities" specified in section 2 of the Recommendations on page 14 of the memorandum on such rules dated March 9, 2023, be repealed. Moved Soper Seconded Dickson Yes Gardner Yes Mabrey No Moreno Yes Roberts Yes Van Winkle Yes Weissman Yes Wilson Yes Soper Yes Gonzales Yes YES: 9 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS Responses to annual request for letters of interest regarding representation of the General Assembly - Committee Discussion Only 08:11:30 AM Jerry Barry, OLLS, explained how the office placed an ad with the Colorado Bar Association last year to find counsel to represent the general assembly, and when they received no responses, they extended the ad for another 30 days. They then received 5 responses whom they added to the list of approved counsel. At the request of the committee this year they again solicited interest in representing the general assembly but received no responses 08:13:11 AM Jerry Barry, OLLS, asked the committee what they would like to do next, if they would like to run another ad now or wait until next year 08:13:54 AM Senator Gardner explained that the committee added 5 new attorneys to the list last year and asked how big the overall list is 08:14:10 AM Jerry Barry, OLLS, stated that there are 10 on the list 08:14:20 AM Senator Gardner stated that it seems the ads and tweets don't get much attention and explained that his opinion is for the committee to do nothing this year and wait until next year 08:15:43 AM Representative Dickson asked if there was any concern about the people currently on the list or if the desire was just to consistently have new people on the list 08:16:03 AM Jerry Barry, OLLS, explained that it is not a concern and that the OLLS has always been pleased with the quality of the attorneys in the past 08:16:22 AM Senator Gardner agreed and explained that they wanted to open the opportunity up to more people but that he believes they accomplished that 08:17:43 AM Senator Gonzales, chair, stated that the committee will hold off on advertising now and will return to the issue next year Other business - Committee Discussion Only 08:18:27 AM No other business 08:18:35 AM The committee adjourned.