C6A4E552C1D3A46A872583A00075B69F Hearing Summary

Vivienne Belmont, representing the Department of Regulatory Agencies (DORA), explained the recommendations outlined in the 2018 Sunset Review: Colorado Medical Practice Act (Attachment B).  She answered questions from the committee.  Discussion ensued about Recommendation 2 (Authorize the Board to discipline a licensee based on criminal conduct investigations).  Questions were raised about investigations, preponderance of evidence, suspensions, and disciplinary measures.   

Taj Kattapuram, representing Foothills Medical Society, spoke in support of the sunset review with amendments.  He expressed his concerns with Recommendation 2 and due process.  Discussion followed about scenarios in which a physician is charged with a serious crime.  Committee members noted the decrease in the number of suspensions, as depicted in a table in the report. 

Martha Montemayor, representing Cannabis Clinicians Colorado, spoke in support of continuation of the Colorado Medical Practice Act but without Recommendation 2. 

John Conkilin, representing Colorado Medical Society, spoke in support of the Act as amended.  He answered questions about the decrease in suspensions and noted that the table may not include summary suspensions.  He stated that Recommendation 2 is too broad. 

Committee members further discussed the sunset review report in regards to substandard conduct and sexual assault. 

Karen McGovern, representing DORA, spoke about the process to file a complaint.  She answered questions about the decrease in suspensions, definitions, disciplinary actions, and whether sexual assaults are accounted for in substandard conduct statistics.   

Raana Simmons, representing Colorado Coalition Against Sexual Assault, testified about probationary measures in other states and patient notification when a medical professional has been placed on probation. 

Ms. Montemayor further discussed conflicts of the Medical Practice Act and the state constitution in regards to marijuana. 

Committee members discussed concerns about license revocations before adjudications. 

Amendment LLS. No. 19-0377.01 (Attachment C) Amendment #5 was distributed by Office of Legislative Legal Services staff.  The committee discussed it. 

Committee members discussed bill sponsorship and voted for Senator Ginal as prime sponsor.  Senators Lee and Gardner agreed to be co-sponsors.