H_HI_2021A 05/12/2021 02:07:13 PM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGHOUSE COMMITTEE ON HEALTH & INSURANCE Date 05/12/2021 Attendance Bacon * Baisley X Geitner * Hanks X Jackson * McCormick X Mullica * Ortiz * Soper X Titone X Williams X Caraveo X Lontine X Time 02:07:13 PM to 10:47:27 PM Place HCR 0112 This Meeting was called to order by Lontine This Report was prepared by Julia Group Hearing Items Action Taken hSB21-094 Amended, referred to House Finance hHB21-1191 Postponed Indefinitely SB21-094 - Amended, referred to House Finance Attachment Tag File Name Attachment A http://www2.leg.state.co.us/CLICS/CLICS2021A/commsumm.nsf/0/EAA1389B73EC...$File/21HouseHealth0512AttachA.pdf?OpenElement 21HouseHealth0512AttachA.pdf 02:07:56 PM Representative Roberts, bill co-sponsor, introduced SB-094. The bill continues the State Board of Pharmacy for nine years, until September 1, 2030. In addition, the bill adjusts the types of pharmacists that are included on the board, aligns state statute with the federal Drug Quality and Security Act, and modifies the boardâs authority to inspect certain facilities. The bill also includes various changes to the scope of practice for pharmacy professionals and the regulation of certain medical facilities, as described below. Scope of practiceâpharmacists. The bill expands the scope of practice for pharmacists to include providing care pursuant to a collaborative pharmacy practice agreement; expanding prescriptive authority, including the administration of opiate antagonists; ordering laboratory tests as related to medication therapy; and performing limited physical assessments. Pharmacists may fill a prescription for a specific drug with a substitute and make minor adaptations to a prescription, under certain conditions. The bill also requires pharmacists to offer patient counseling and directs the board to adopt rules addressing such services, and expands the number of designees a pharmacist may authorize to access the Prescription Drug Monitoring Program. Scope of practiceâpharmacy technicians. The scope of practice for pharmacy technicians is also expanded to include documenting nonclinical information from patients and replenishing automated dispensing devices without pharmacist verification if using bar code technology. Facility regulation. The bill adjusts the regulation of certain medical facilities by adding community mental health clinics and facilities that operate a licensed substance use disorder treatment program to the definition of âother outlets,â and requiring 503B outsourcing facilities and third-party logistics providers to register with the board. Other changes. The bill makes a variety of other changes, including: · repealing the requirement that the board justify to the Veterinary Pharmaceutical Advisory Committee any deviations from the committeeâs recommendations; · repeals the ability of prescription drug outlets to register as compounding drug outlets; · increasing the amount of medication a hospital is authorized to dispense from a 24-hour supply to a 72-hour supply, and permits hospitals to dispense prescription drugs to a patient for a temporary leave from the hospital of less than 72 hours; · repealing the requirement that a prescription for an anabolic steroid require its purpose be printed on the label; and · requiring the board to adopt rules for electronic records storage. 02:12:47 PM The bill sponsor responded to questions from the committee. 02:15:08 PM Dr. Gina Moore, University of Colorado, testified in support of the bill. Dr. Emily Zadvorny, Colorado Pharmacist Society, testified in support of the bill. The witnesses responded to questions from the committee. 02:35:17 PM Dr. Tara Vlasimsky, SCL Health, testified in support of the bill. Mr. Ky Davis, RxPlus Pharmacies, testified in support of the bill. Mr. Tom Davis, RxPlus Pharmacies, testified in support of the bill. Mr. Chris Gassen, Department of Regulatory Agencies, answered questions from the committee. 02:45:01 PM Representative Caraveo introduced and explained amendment L.007 (Attachment A). 02:47:12 PM Motion Adopt amendment L.007 (Attachment A) Moved Caraveo Seconded Ortiz Bacon Baisley Geitner Hanks Jackson McCormick Mullica Ortiz Soper Titone Williams Caraveo Lontine YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 02:47:13 PM The committee took a brief recess. 02:49:51 PM The bill sponsors provided closing comments on the bill. 02:51:22 PM The committee members made closing comments on the bill. 02:53:38 PM Motion Refer Senate Bill 21-094, as amended, to the Committee on Finance. Moved Ortiz Seconded Caraveo Bacon Yes Baisley Yes Geitner No Hanks Yes Jackson Yes McCormick Yes Mullica Yes Ortiz Yes Soper No Titone Yes Williams Yes Caraveo Yes Lontine Yes Final YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS HB21-1191 - Postponed Indefinitely Attachment Tag File Name Attachment B http://www2.leg.state.co.us/CLICS/CLICS2021A/commsumm.nsf/0/0C4508A74F52...$File/21HouseHealth0512AttachB.pdf?OpenElement 21HouseHealth0512AttachB.pdf Attachment C http://www2.leg.state.co.us/CLICS/CLICS2021A/commsumm.nsf/0/D6AB2D2D9DFF...$File/21HouseHealth0512AttachC.pdf?OpenElement 21HouseHealth0512AttachC.pdf Attachment D http://www2.leg.state.co.us/CLICS/CLICS2021A/commsumm.nsf/0/DECBB5ACB983...$File/21HouseHealth0512AttachD.pdf?OpenElement 21HouseHealth0512AttachD.pdf Attachment E http://www2.leg.state.co.us/CLICS/CLICS2021A/commsumm.nsf/0/EAD8FAED3ACB...$File/21HouseHealth0512AttachE.pdf?OpenElement 21HouseHealth0512AttachE.pdf Attachment F http://www2.leg.state.co.us/CLICS/CLICS2021A/commsumm.nsf/0/063E221FA539...$File/21HouseHealth0512AttachF.pdf?OpenElement 21HouseHealth0512AttachF.pdf Attachment G http://www2.leg.state.co.us/CLICS/CLICS2021A/commsumm.nsf/0/57FB471A6429...$File/21HouseHealth0512AttachG.pdf?OpenElement 21HouseHealth0512AttachG.pdf Attachment H http://www2.leg.state.co.us/CLICS/CLICS2021A/commsumm.nsf/0/97A7861ED19C...$File/21HouseHealth0512AttachH.pdf?OpenElement 21HouseHealth0512AttachH.pdf Attachment I http://www2.leg.state.co.us/CLICS/CLICS2021A/commsumm.nsf/0/1EDA4DA8052C...$File/21HouseHealth0512AttachI.pdf?OpenElement 21HouseHealth0512AttachI.pdf 02:53:44 PM The committee took a brief recess. 02:54:06 PM Representative Ransom, bill co-sponsor, presented HB21-1191. The bill prohibits the state from making any COVID-19 vaccine mandatory and further prohibits employers, including health facilities, from making the COVID-19 vaccine a condition of employment or taking adverse action against an employee based on their vaccine status. In addition, no government agency, commercial establishment or enterprise, service provider, or nonprofit association may discriminate against a client, patron, or customer based on COVID-19 vaccine status. The bill permits a person aggrieved by alleged discrimination to file a civil action for injunctive relief and damages in civil court. The bill sponsors distributed two handouts to the committee (Attachments B and C). 03:16:51 PM Representative Van Beber, bill co-sponsor, continued introducing the bill. 03:23:57 PM Dr. Anuj Mehta, Colorado Vaccine Equity Task Force, testified in opposition to the bill. Dr. Eric France, Colorado Department of Public Health and Environment, testified in opposition to the bill. Dr. Kweku Hazel, representing himself, testified in opposition to the bill. The panelists responded to questions from the committee. 03:47:03 PM Kevin Williams, Colorado Cross-Disability Coalition, testified in opposition to the bill. Dorothy Jones, Denver Metro Chamber of Commerce, testified in opposition to the bill. George Sparks, Denver Museum of Nature and Science, testified in opposition to the bill. Lauren Masias, Colorado Competitive Council, testified in opposition to the bill. Jeff Keener, South Metro Denver Chamber, testified in opposition to the bill. The witnesses responded to questions from the committee members. 04:12:04 PM Joshua Ewing, Colorado Hospital Association, testified in opposition to the bill. Dr. Craig Anthony, Colorado Academy of Family Physicians, testified in opposition to the bill. Emily Zadvorny, Colorado Pharmacists Society, testified in opposition to the bill. The panelists responded to questions from the committee. 04:31:26 PM Emma Pinter, Counties & Commissioners Acting Together, testified in opposition to the bill. Dr. Cynthia Hazel, OMNI Institute, testified in opposition to the bill. Kate Brooks, Colorado Immunization Advocates, testified in opposition to the bill. Ms. Andrea Stojsavljevic, Healthier Colorado, testified in opposition to the bill. Julia Ellington, Colorado Vaccine Equity Taskforce, testified in opposition to the bill. The panelists responded to questions from the committee. 04:55:53 PM Dr. Raymond Goodrich, Colorado State University, testified in opposition to the bill. Kelly Grenham, Colorado Association of School Nurses, testified in opposition to the bill. Lilian Baiden, Colorado Vaccine Equity Taskforce, testified in opposition to the bill. Dr. Edwin Asturias, University of Colorado School of Medicine and Children's Hospital Colorado, testified in opposition to the bill. Michael Rouse, Colorado Vaccine Equity Taskforce, testified in opposition to the bill. 05:15:05 PM Dr. Christopher Urbina, Colorado Asscociation of Local Public Health Officials, testified in opposition to the bill. Meghan Dollar, Colorado Municipal League, testified in opposition to the bill. 05:21:44 PM Mara Brosy-Wiwchar, Colorado Department of Public Health and Enviornment, was available to answer committee members' questions. Stephanie Wasserman, Immunize Colorado, testified in opposition to the bill. Dr. Nabeeh Hasan, Interfaith Alliance of Colorado, testified in opposition to the bill. Elizabeth Fashing, Colorado Immunization Advocates, testified in opposition to the bill. Dr. Gabriel Lockhart, National Jewish Health, testified in opposition to the bill. 05:35:39 PM Dr. Thomas Perille, Democrats for Life of Colorado, testified in opposition to the bill. He distributed a handout to the committee (Attachment D). Mrs. Anna Hanel, representing herself, testified in opposition to the bill. The witnesses responded to questions from the committee. 05:48:45 PM Suzie Brundage, representing herself, testified in opposition to the bill. Mrs. Angie Anderson, representing herself, testified in opposition to the bill. Dr. Lindsay Diamond, representing herself, testified in opposition to the bill. 05:59:58 PM Alicia Heim, Colorado Immunization Advocates, testified in opposition to the bill. Ms. Claudia Perez, representing La Cocina/ Mental Health, testified in opposition to the bill. Mrs. Emily Adams, representing herself, testified in opposition to the bill. Katrina Kozak, representing herself, testified in opposition to the bill. Dr. Kathryn Penzkover, representing herself, testified in opposition to the bill. 06:19:07 PM The committee took a brief recess. 06:19:35 PM Brad Bergford, Commmission for the Protection of Constitutional Rights, testified in support of the bill. Mr. Theo Wilson, representing himself, testified in support of the bill. Dr. H Malcolm Newton, representing himself, testified in support of the bill. Bishop Jerry Demmer, representing himself, testified in support of the bill. Ms. Ana Cornelius, representing herself, testified in support of the bill. The panel of witnesses responded to questions from the committee. 07:04:16 PM Dr. Ietef Vita, representing himself, testified in support of the bill. Ms. Eutimia Montoya, representing herself, testified in support of the bill. Mr. Jeff Hunt, The Centennial Institute, testified in support of the bill. The panel of witnesses responded to questions from the committee. 07:27:02 PM Ms. Diana Lutfi, representing herself, testified in support of the bill. She distributed handouts to the committee (Attachment E). Ms. Gabrielle Palmer, representing herself, testified in support of the bill. Ms. Mary Holland, Children's Health Defense, testified in a neutral position on the bill. Ms. Patricia Finn, Make America's Kids Healthy Again Inc., testified in support of the bill. 07:46:47 PM Mrs. Victoria Edwards, representing herself, testified in support of the bill. Mr. Mark Braunlich, representing himself, testified in support of the bill. Mrs. Pamela Douglas, representing herself, testified in support of the bill. Ms. Jenna Ikuta, representing herself, testified in support of the bill. The panel of witnesses responded to questions from the committee. 08:06:05 PM Mrs. Elizabeth Jenks, representing herself, testified in support of the bill. Dr. John Kucera, representing himself, testified in support of the bill. Ms. Beth Fisher, Medical Autonomy Colorado, testified in support of the bill and distributed a handout to the committee (Attachment F). Dr. Kamau Kokayi, representing himself, testified in support of the bill. The panel of witnesses responded to questions from the committee. 08:34:03 PM Ms. Cindy Ficklin, representing herself, testified in support of the bill. Ms. Carmen Bontrager, Medical Autonomy Colorado, testified in support of the bill. Mrs. Patricia Anthone, representing herself, testified in support of the bill. Mrs. Loren de la Cruz, representing herself, testified in support of the bill. The panel of witnesses responded to questions from the committee. 08:57:39 PM Mrs. Linda Bissett, cofightforfreedom.com, testified in support of the bill and distributed a handout to the committee (Attachment G). Rebecca Heath, representing herself, testified in support of the bill. Ms. Andrea Erickson, representing herself, testified in support of the bill. Mrs. Denice Dirks, Concerned Colorado Families, testified in support of the bill. 09:13:06 PM Ms. Theresa Wrangham, National Vaccine Information Center, testified in support of the bill. Dr. Melanie Gisler, representing herself, testified in support of the bill. Dr. Mary Harrow, representing herself, testified in support of the bill. The panel of witnesses responded to questions from the committee. 09:30:32 PM Catherine Turner, representing herself, testified in support of the bill. 09:30:33 PM Submitted written public testimony can be found in Attachment H. 09:36:13 PM The bill sponsors introduced and explained amendment L.001 (Attachment I). 09:36:37 PM Motion Adopt amendment L.001 (Attachment I). Moved Williams Seconded Geitner Bacon Baisley Geitner Hanks Jackson McCormick Mullica Ortiz Soper Titone Williams Caraveo Lontine YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 09:37:19 PM The bill sponsors provided closing comments on the bill. 09:50:19 PM Committee members made closing comments on the bill. 09:50:20 PM Representative Geitner made a substitue motion to send the bill to the judiciary committee. 10:02:30 PM The committee took a brief recess. The committee came back to order and committee members made comments on the substitute motion. 10:05:50 PM Motion Refer House Bill 21-1191, as amended, to the Committee on Judiciary. Moved Geitner Seconded Baisley Bacon No Baisley Yes Geitner Yes Hanks Yes Jackson No McCormick No Mullica No Ortiz No Soper Yes Titone No Williams Yes Caraveo No Lontine No YES: 5 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL 10:06:09 PM Committee members continued to make closing comments on the bill. 10:32:58 PM Committee members continued to make closing comments on the bill. 10:45:20 PM Motion Refer House Bill 21-1191, as amended, to the Committee on Appropriations. Moved Williams Seconded Geitner Bacon No Baisley Yes Geitner Yes Hanks Yes Jackson No McCormick No Mullica No Ortiz No Soper Yes Titone No Williams Yes Caraveo No Lontine No YES: 5 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL 10:46:33 PM Motion Postpone House Bill 21-1191 indefinitely. Moved Jackson Seconded Ortiz Bacon Yes Baisley No Geitner No Hanks No Jackson Yes McCormick Yes Mullica Yes Ortiz Yes Soper No Titone Yes Williams No Caraveo Yes Lontine Yes Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS 10:47:27 PM The committee adjourned.