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H_HIE_2016A 04/21/2016 02:05:35 PM Committee Summary

Final

STAFF SUMMARY OF MEETING



HOUSE COMMITTEE ON HEALTH, INSURANCE, & ENVIRONMENT

Date: 04/21/2016
ATTENDANCE
Time: 02:05 PM to 05:19 PM
Brown
X
Buckner
X
Place: Old Supreme Court Chamber
Esgar
X
Humphrey
X
This Meeting was called to order by
Joshi
X
Representative McCann
Klingenschmitt
X
Landgraf
X
This Report was prepared by
Lontine
X
Amanda King
Primavera
X
Ransom
X
Ryden
X
Ginal
X
McCann
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB16-1218

HB16-1438
Postponed Indefinitely

Witness Testimony and/or Committee Discussion Only





02:06 PM -- HB 16-1218



Representative Saine, bill sponsor, presented House Bill 16-1218. The bill creates the Women's Reproductive Information Guarantee for Health and Transparency Act (act), specifying terms related to abortions performed in Colorado. Under the bill, an abortion may not be performed or induced without the voluntary and informed consent of a patient who will be undergoing the procedure. In order to fulfill the informed consent requirements, a healthcare provider must share the following information with the patient at least 24 hours before an abortion is performed:

      • the name of the physician who will perform the abortion;
      • a thorough and accurate description of the proposed method for performing the abortion, including information on the probable gestational age and anatomical and physiological characteristics of the fetus;
      • a description of immediate and long-term physical and psychological risks involved in the abortion procedure;
      • a description of alternatives to abortion;
      • a description of medical assistance benefits that may be available for prenatal care, childbirth, and neonatal care, in addition to information on the liability of the father for child support; and
      • any other medical or other information that a reasonable patient would consider important for making a decision.





Additionally, the act requires that at least 24 hours prior to an abortion the healthcare provider give the patient the opportunity to receive a current picture of the ultrasound portraying the entire body of the unborn child. If a healthcare provider refuses to comply with the ultrasound provision, they must give the woman a list of providers within a ten-mile radius who will provide a free ultrasound and comply with the provisions. Further, the healthcare provider must post a notice stating that the facility does not provide ultrasounds and is not a medical facility. In regards to an ultrasound, the healthcare provider must provide:

      • an oral description of all relevant features of the ultrasound, with audible heartbeat, if present;
      • a written and oral description of whether or not the pregnancy is viable;
      • a list of all known ultrasound providers within a ten-mile radius of the abortion provider, in order to allow a patient to seek a second opinion;
      • a description of the probable gestational age of the unborn child;
      • a description of the development of the unborn child's nerve endings and the unborn child's ability to feel pain at each stage of development; and
      • a statement that the patient may withdraw consent to the abortion at any time.



Any person who recklessly violates any provision of the act commits an unclassified misdemeanor and is subject to a fine of up to $1,000 per violation. A person who suffers a loss or injury as a result of any violation of the act may bring a cause of action against the healthcare provider.



02:10 PM --
Anna Crawford, representing herself, testified in opposition to the bill.



02:15 PM --
Joyce Lisbin, Religious Coalition for Reproductive Choice, testified in opposition to the bill. Ms. Lisbin answered questions from the committee.



02:20 PM --
Dr. Aaron Lazorwitz, representing himself, testified in opposition to the bill. Dr. Lazorwitz answered questions from the committee.



02:28 PM



Representative Saine answered questions from the committee.



02:29 PM



Committee discussion with Dr. Lazorwitz ensued.



02:38 PM --
Rev. Amanda Henderson, Interfaith Alliance, testified in opposition to the bill. Rev. Henderson answered questions from the committee.



02:44 PM --
Karen Middleton, NARAL Colorado, testified in opposition to the bill. Ms. Middleton answered questions from the committee.



02:55 PM --
Bob Enyart, Colorado Right to Life, testified in opposition to the bill. He provided a handout (Attachment A) to the committee. Mr. Enyart answered questions from the committee.



160421 AttachA.pdf160421 AttachA.pdf



03:03 PM --
Anthony Davey, representing himself, testified in opposition to the bill.











03:06 PM --
Rick Thielen, Life Choices, testified in support of the bill. Mr. Thielen and Representative Saine answered questions from the committee.



03:23 PM --
Brad Bergford, Colorado Chapter of National Lawyers Association and Commission for Protection of Constitution Rights, testified in support to the bill. He provided a handout (Attachment B) to the committee.



160421 AttachB.pdf160421 AttachB.pdf



03:27 PM --
Kristi Burton Brown, Charlotte Lozier Institute, testified in support of the bill. Ms. Burton Brown answered questions from the committee.



03:35 PM --
Yvonne Williams, Care Net, testified in support of the bill. Ms. Williams answered questions from the committee.



03:44 PM --
Judith Shainholtz, representing herself, testified in support of the bill. Ms. Shainholtz answered questions from the committee.



03:48 PM --
Cassidy Roderick, representing herself, testified in support of the bill.



03:51 PM --
Matthew Niedzielski, Pikes Peak Citizens for Life, testified in support of the bill. Mr. Niedzielski answered questions from the committee.



04:04 PM -- Christy Rodriguez, Colorado Campaign for Life, testified in support of the bill. Ms. Rodriguez answered questions from the committee.



04:12 PM



Representative Saine made comments to the committee.



04:14 PM --
Jaylem Durouseau, Regis Students for Life Club, testified in support of the bill.



04:18 PM --
Randolph Licht, representing himself, testified in support of the bill.





04:22 PM



Representative Klingenschmitt explained amendment L.002 (Attachment C). Representative Saine and Representative McCann made comments about amendment L.002.



160421 AttachC.pdf160421 AttachC.pdf

BILL: HB16-1218
TIME: 04:23:49 PM
MOVED: Klingenschmitt
MOTION: Adopt amendment L.002 (Attachment C). The motion failed on a vote of 6-7.
SECONDED: Humphrey
VOTE
Brown
Yes
Buckner
No
Esgar
No
Humphrey
Yes
Joshi
Yes
Klingenschmitt
Yes
Landgraf
Yes
Lontine
No
Primavera
No
Ransom
Yes
Ryden
No
Ginal
No
McCann
No
YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL





04:25 PM



Representative Saine made concluding remarks about the bill. Committee members made comments about the bill.

BILL: HB16-1218
TIME: 04:34:46 PM
MOVED: Ransom
MOTION: Refer House Bill 16-1218 to the Committee of the Whole. The motion failed on a vote of 5-8.
SECONDED: Brown
VOTE
Brown
Yes
Buckner
No
Esgar
No
Humphrey
Yes
Joshi
Yes
Klingenschmitt
No
Landgraf
Yes
Lontine
No
Primavera
No
Ransom
Yes
Ryden
No
Ginal
No
McCann
No
YES: 5 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL: HB16-1218
TIME: 04:36:56 PM
MOVED: Esgar
MOTION: Postpone House Bill 16-1218 indefinitely. The motion passed on a vote of 7-6.
SECONDED: Ginal
VOTE
Brown
No
Buckner
Yes
Esgar
Yes
Humphrey
No
Joshi
No
Klingenschmitt
No
Landgraf
No
Lontine
Yes
Primavera
Yes
Ransom
No
Ryden
Yes
Ginal
Yes
McCann
Yes
Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS



04:38 PM -- HB 16-1438



Representative Winter, sponsor, presented House Bill 16-1438, which requires employers to provide pregnancy-related accommodations to employees.



04:40 PM --
Christina Ayala, 9 to 5 Colorado, testified in support of the bill. Ms. Ayala responded to questions from the committee.



04:44 PM --
Marissa Marquez, 9 to 5 Colorado, testified in support of the bill. Ms. Marquez responded to questions from the committee.



04:47 PM --
Rachel Ellis, Colorado Women's Bar Association and Colorado Plaintiff Employment Lawyers Association, testified in support of the bill. Ms. Ellis answered questions from the committee.



04:57 PM



Representative Winter answered questions from the committee.



04:57 PM --
Loren Furman, Colorado Association of Commerce, testified in a neutral capacity.



05:00 PM --
Brook Colaizzi, Sherman & Howard and Colorado Association of Commerce and Industry, testified in a neutral capacity.



05:03 PM --
Isabelle Campanella, Association of Women's Health, Obstetric and Neonatal Nurses Colorado Section, testified in support of the bill.









05:07 PM --
Anita Roberts, Association of Women's Health, Obstetric and Neonatal Nurses Colorado Section and March of Dimes Colorado Chapter, testified in support of the bill.



05:10 PM --
Joe Neguse, Department of Regulatory Agencies, testified in support of the bill. Mr. Neguse answered questions from the committee.



05:17 PM



Representative Winter answered questions from the committee. Representative McCann laid the bill over at the request of the sponsor.



05:19 PM



The committee adjourned.