S_HHS_2019A 01/31/2019 01:35:42 PM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGSENATE COMMITTEE ON HEALTH & HUMAN SERVICES Date 01/31/2019 Attendance Crowder X Rodriguez X Smallwood X Winter X Fields X X = Present, E = Excused, A = Absent, * = Present after roll call Time 01:35:42 PM to 06:20:29 PM Place LSB B This Meeting was called to order by Senator Fields This Report was prepared by Elizabeth Haskell Hearing Items Action Taken hSB19-013 Committee Discussion Only hSB19-005 Amended, referred to Senate Appropriations 01:35:43 PM Senator Fields called the meeting to order and announced that Senator Rodriguez will replace Senator Pettersen for today's meeting. SB19-013 - Committee Discussion Only Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/3BE00CE6A069...$File/190131 AttachA.pdf?OpenElement 190131 AttachA.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/06940BF35017...$File/190131 AttachD.pdf?OpenElement 190131 AttachD.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/167EA61776AA...$File/190131 AttachB.pdf?OpenElement 190131 AttachB.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/56BEABB0F34E...$File/190131 AttachC.pdf?OpenElement 190131 AttachC.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/17E26B08050C...$File/190131 AttachN.pdf?OpenElement 190131 AttachN.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/2062A30D1CB5...$File/190131 AttachE.pdf?OpenElement 190131 AttachE.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/289946F1189B...$File/190131 AttachH.pdf?OpenElement 190131 AttachH.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/3CC677D0B852...$File/190131 AttachP.pdf?OpenElement 190131 AttachP.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/4DD74971C505...$File/190131 AttachM.pdf?OpenElement 190131 AttachM.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/662B63FB7E21...$File/190131 AttachG.pdf?OpenElement 190131 AttachG.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/A4048B19A2C9...$File/190131 AttachL.pdf?OpenElement 190131 AttachL.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/BF84F6954E5E...$File/190131 AttachI.pdf?OpenElement 190131 AttachI.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/CF677CCB8114...$File/190131 AttachK.pdf?OpenElement 190131 AttachK.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/D2F6ADB5193D...$File/190131 AttachF.pdf?OpenElement 190131 AttachF.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/DB2F5839698F...$File/190131 AttachJ.pdf?OpenElement 190131 AttachJ.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2019A/commsumm.nsf/0/F7C5DE776AA0...$File/190131 AttachO.pdf?OpenElement 190131 AttachO.pdf 01:37:01 PM Senator Marble, bill sponsor, presented Senate Bill 19-013 and responded to questions. The bill creates a statutory right to use medical marijuana for a patient with a condition for which a physician could prescribe an opiate for pain. The bill creates the same rights, limitations, affirmative defense, and exceptions from criminal laws for these conditions as the constitutional right to use medical marijuana for other debilitating conditions. Under current law, to be added to the medical marijuana registry, a child under the age of 18 must have been diagnosed with a disabling medical condition by two physicians, one of whom must be a board-certified pediatrician, family physician, or a child and adolescent psychiatrist who attests that he or she is part of the patient's primary care team. The bill removes the requirement on specific physicians, aligning it with the constitutional requirement that two physicians diagnose the patient as having a disabling medical condition. 01:41:30 PM Alexis Bortell, representing herself, testified in support of the bill and distributed a handout (Attachment A). 01:43:47 PM Teri Robnett, Access Hope, testified in support of the bill. 01:48:55 PM Benjamin Waters, Native Roots, testified in support of the bill and responded to questions. 01:54:06 PM Senator Marble responded to questions. 01:54:21 PM Committee discussion and questions followed. 01:59:31 PM William Chengelis, U.S. Marijuana Party, testified in support of the bill. 02:01:20 PM Bridget Dandaraw-Seritt, representing herself, testified in support of the bill and responded to questions. 02:06:05 PM Marcus Najera, Safe Access Colorado, testified in support of the bill. 02:10:13 PM Lorie Brown, representing herself, testified in support of the bill. 02:12:42 PM Amanda Bent, Drug Policy Alliance, testified in support of the bill and distributed a handout (Attachemnt B). 02:15:21 PM Mimi Friedman, representing herself, testified in support of the bill. 02:20:11 PM Jennifer Axcell, representing herself, testified in support of the bill. 02:22:01 PM Amber Wann, representing herself, testified in support of the bill. 02:26:21 PM Ms. Friedman responded to questions. 02:27:07 PM Samantha Prock, representing herself, testified in support of the bill. 02:28:23 PM Melanie Rose Rodgers, Safe Access Colorado, testified in support of the bill. 02:30:27 PM Julie Richardson, representing herself, testified in support of the bill. 02:32:00 PM Ms. Richardson responded to questions. 02:33:48 PM Dr. Roderic Gottula, representing himself, testified in support of the bill and responded to questions. 02:41:00 PM Jon Gray, representing himself, testified in support of the bill. 02:44:15 PM Vicky Trujillo, representing herself, testified in support of the bill. 02:48:52 PM Jackie Rose, representing herself, testified in support of the bill 02:49:40 PM Dr. Jennifer Hagman, Colorado Psychiatric Society and Colorado Child and Adolescent Psychiatric Society, testified in opposition to the bill and responded to questions. 03:02:26 PM Ms. Rose responded to questions. 03:03:00 PM Henry "Sonny" Lawrence, representing himself, testified in support of the bill. 03:07:23 PM Kenny Breeding, representing himself, testified in support of the bill. 03:11:22 PM Mindy Mysinger, representing herself, testified in support of the bill. 03:14:34 PM Shawn Coleman, Drug Policy Alliance, testified in support of the bill. 03:18:14 PM Ms. Mysinger responded to questions. 03:20:35 PM Pamela Jacobsen, representing herself, testified on the bill. 03:22:47 PM Ashley Weber, Colorado NORML, testified in support of the bill. 03:25:14 PM Martha Montemayor, Cannabis Clinicians Colorado, testified in support of the bill and distributed a handout (Attachment C). 03:28:46 PM David Wasserman, Southern Colorado Cannabis Council, testified in support of the bill. 03:32:16 PM Katie Peterson, representing herself, testified in support of the bill. 03:35:31 PM Dawn Blackman, representing herself, testified in support of the bill. 03:38:29 PM Michelle Walker, Safe Access Colorado, testified in support of the bill. 03:42:01 PM Kevin Ameling, representing himself, testified in support of the bill. 03:45:27 PM Dr. David Gordon, representing himself, testified in support of the bill. 03:49:08 PM Senator Ginal, bill sponsor, responded to questions. 03:50:14 PM Isaac Kerns, representing himself, testified in support of the bill. 03:52:08 PM Autumn Brooks, representing herself, testified in support of the bill. 03:54:12 PM Danielle Espinel, representing herself, testified in support of the bill. 03:55:59 PM Marcie Cooper, representing herself, testified in support of the bill. 03:57:49 PM Senators Ginal and Marble responded to questions from the committee. 03:57:50 PM Senator Fields recessed the meeting. 04:06:25 PM Senator Fields reconvened the meeting. 04:07:08 PM Senator Fields laid the bill over until the week of February 4, 2019. Committee members commented on the bill. 04:07:09 PM Senator Fields recessed the meeting. SB19-005 - Amended, referred to Senate Appropriations 04:08:50 PM Senator Fields reconvened the meeting. 04:08:51 PM Senator Ginal and Senator Rodriguez, bill sponsors, presented Senate Bill 19-005. The bill requires the Department of Health Care Policy and Financing (HCPF) to design a wholesale importation program for prescription pharmaceutical products from Canada and, subject to federal approval, to implement this program, making wholesale imported prescription pharmaceutical products from Canada available to Colorado consumers. The bill specifies certain safety, quality, and pricing requirements that must be met by the program. HCPF must present a draft report on the program design to the General Assembly by January 1, 2020, post the report on its website, and hold two public meetings — one in the Denver metropolitan area and one on the Western Slope. By April 15, 2020, HCPF must prepare a final report, post the report on its website, and submit it to the General Assembly. By May 1, 2020, HCPF must submit the final report to the federal government for approval of the program. If federal approval of the program is received, the bill authorizes HCPF to operate the program and to charge a fee on prescription pharmaceuticals purchased through the program to cover the costs of the program. The bill specifies that HCPF must select one or more wholesaler to operate the program through a Request for Proposals (RFP) process. HCPF must report to the General Assembly by January 1, 2022, and each January 1 thereafter, on the implementation of the program, including which prescription pharmaceuticals were imported and the savings to consumers. 04:23:25 PM Committee members dialogued with Senators Ginal and Rodriguez. 04:29:50 PM Cathy Traugott, HCPF, testified in support of the bill and responded to questions. 04:37:47 PM Paul Ritzma, HCPF, responded to questions. 04:42:49 PM Ms. Traugott and Mr. Ritzma responded to questions. Senator Ginal distributed a handout to the committee (Attachment D). Committee questions followed. 04:51:55 PM Committee discussion and questions continued. 05:06:07 PM Jennifer Jones Paton, Colorado Bioscience Association, testified in opposition to the bill and distributed a handout to the committee (Attachment E). 05:08:35 PM Kara Miller, Biotechnology Innovation Organization, testified in opposition to the bill. 05:11:13 PM Ms. Miller and Ms. Jones Paton responded to questions. 05:17:40 PM Dana Malick, PhRma, testified in opposition to the bill. 05:23:04 PM Nicolas Colglazier, Colorado Competitive Council, testified in opposition to the bill. 05:24:03 PM Bill Skewes, Colorado Chamber of Commerce, testified in opposition to the bill. 05:24:44 PM Ruth Parker, representing herself, testified in support of the bill. 05:29:32 PM Ed Shackelford, Colorado Senior Lobby, testified in support of the bill. 05:32:53 PM Dr. Shirley Leow, AARP Colorado, testified in support of the bill and distributed a handout (Attachment F). 05:36:26 PM Henry "Sonny" Lawrence, representing himself, testified in support of the bill. 05:40:46 PM Gail DeVore, Colorado Consumer Health Initiative, testified in support of the bill and responded to questions. 05:44:19 PM Senator Ginal distributed amendment L.001, L002, L003, L.005, L.006, L.007, L.010, L011, and L.012 to the committee (Attachments G, H, I, J, K, L, M, N, and O). 05:54:17 PM Motion Adopt amendment L.001 (Attachment G). Moved Rodriguez Seconded Crowder Rodriguez Smallwood Winter Fields YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 05:55:55 PM Motion Adopt amendment L.002 (Attachment H). Moved Rodriguez Seconded Crowder Rodriguez Smallwood Winter Fields YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 05:56:45 PM Motion Adopt amendment L.003 (Attachment I). Moved Rodriguez Seconded Crowder No Rodriguez Yes Smallwood No Winter Yes Fields Yes YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS 05:58:06 PM Motion Adopt amendment L.005 (Attachment J). Moved Rodriguez Seconded Crowder Rodriguez Smallwood Winter Fields YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 05:59:01 PM Motion Adopt amendment L.006 (Attachment K). Moved Rodriguez Seconded Crowder Rodriguez Smallwood Winter Fields YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 05:59:58 PM Motion Adopt amendment L.007 (Attachment L). Moved Rodriguez Seconded Crowder Yes Rodriguez Yes Smallwood No Winter Yes Fields Yes YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS 06:00:44 PM Motion Adopt amendment L.010 (Attachment M). Moved Rodriguez Seconded Crowder Rodriguez Smallwood Winter Fields YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 06:01:27 PM Motion Adopt amendment L.011 (Attachment N). Moved Rodriguez Seconded Crowder Rodriguez Smallwood Winter Fields YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 06:03:45 PM Motion Adopt amendment L.012 (Attachment O). Moved Rodriguez Seconded Crowder Rodriguez Smallwood Winter Fields YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 06:03:46 PM Senator Smallwood distributed amendment L.004 to the committee (Attachment P). 06:13:44 PM Motion Adopt amendment L.004 (Attachment P). Moved Smallwood Seconded Crowder Yes Rodriguez No Smallwood Yes Winter No Fields No YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL 06:20:11 PM Motion Refer Senate Bill 19-005, as amended, to the Committee on Appropriations. Moved Winter Seconded Crowder Yes Rodriguez Yes Smallwood No Winter Yes Fields Yes Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS 06:20:29 PM The committee adjourned.