s_hhs_2017a_2017-04-12t10:50:38z1 Hearing Summary

Date: 04/12/2017

Location: SCR 354

11:02 AM -- SB 17-082



Senator Lambert, bill sponsor, presented Senate Bill 17-082, and distributed amendment L.001 (Attachment B). The bill transfers regulation of methadone treatment facilities from the Department of Human Services (DHS) to the Department of Public Health and Environment (CDPHE). It also establishes several new requirements for methadone treatment facilities operating in the state. Specifically, methadone treatment facilities approved on or after January 1, 2018, must be located more than 1,000 feet from a school, university, seminary, residential child care facility, or public park. The bill specifies that the establishment of methadone clinics is a matter of statewide concern. Municipalities cannot consider a methadone treatment facility as a medical clinic for zoning purposes unless approval is given by the governing body of the municipality.



In addition, methadone clinics are required to report to CDPHE any infractions in this state or another state by the owner of the facility, its holding company, or any other entity within the same holding company. Infractions that must be reported include, but are not limited to, those involving excessive caseload, inadequate treatment plans, or the failure to fully account for all controlled substances. Disclosure of infractions must be made for the preceding three years when submitting an initial or renewal application for licensure. New infractions must be disclosed within 30 days of being discovered.



For clinics seeking an initial or renewal license, CDPHE must deny the application if there are any infractions disclosed, unless approving the clinic would be in the public interest due to lack of capacity at other facilities in the area. For new infractions, CDPHE must investigate to determine whether the public interest requires suspending, revoking, limiting, or restricting the prior license approval. Prior to determining which action to take regarding new infractions or infractions during the license application process, CDPHE must hold a public hearing to solicit input.





11:09 AM -- Kip Kolkmeier, Office of Legislative Legal Services, responded to questions from the committee.



11:12 AM -- Cristen Bates, DHS, testified in a neutral position on the bill.

170412 AttachB.pdf