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MINUTES OF THE
HOUSE HEALTH AND HUMAN SERVICES STANDING COMMITTEE
ROOM W125, WEST OFFICE BUILDING, STATE CAPITOL COMPLEX
January 29, 2008


MEMBERS PRESENT:    Rep. Paul Ray, Chair
                Rep. Ronda R. Menlove, Vice Chair
                Rep. John Dougall
                Rep. Richard A. Greenwood
                Rep. David Litvack
                Rep. Phil Riesen
                Rep. Stephen E. Sandstrom

MEMBERS ABSENT:    Rep. Wayne A. Harper                    
            
STAFF PRESENT:        Mark Andrews, Policy Analyst
                Sylvia Newton, House Secretary
                Tom Vaughn, Legislative General Counsel

Note:    A list of visitors and copy of handouts are filed with committee minutes.


Rep. Ray called the meeting to order at 8:22 a.m.

MOTION:    Rep. Riesen moved to approve the minutes of the January 25, 2008 meeting. The motion passed unanimously with Rep. Litvack and Rep. Menlove absent for the vote.


H.B. 119    Controlled Substance Database Amendments (Rep. B. Daw)

MOTION:    Rep. Dougall moved to delete in title and body H.B. 119 and replace it with 1st Substitute H.B. 119. The motion passed unanimously with Rep. Litvack and Rep. Menlove absent for the vote.

Rep. Daw explained the changes in the substitute bill.

Spoke    to the bill:    Jim Olsen, President, Utah Retail Merchants Association
                Reid Barker, Utah Pharmacists Association
                Erin Johnson, Department of Health (handout)

MOTION:    Rep. Riesen moved to pass 1st Substitute H.B. 119 out favorably. The motion passed unanimously with Rep. Litvack and Rep. Menlove absent for the vote.




H.B. 101    Amendments to Emergency Injection for Anaphylactic Reaction Act (Rep. T. Kiser)

Rep. Kiser presented H.B. 101 to the committee.

MOTION:    Rep. Dougall moved to amend the bill as follows:

1.    Page 1, Line 15 :    

             15      school may not prohibit or dissuade a teacher
  or other school employee       from receiving training to administer,


2.    Page 1, Line 18 :    

             18      epinephrine auto-injector available to any teacher
  or other school employee who is       employed at the school      {   who   }        and       is


3.    Page 1, Line 21 :    

             21      the storage and use of an epinephrine auto-injector, to a teacher
  or other school employee       who volunteers to


4.    Page 3, Line 70 :    

             70          (3) A school, school board, or school official may not prohibit or dissuade a teacher
  or other school employee       at


5.    Page 3, Line 74 :    

             74          (i) the teacher
  or school employee       is a qualified adult; and


6.    Page 3, Line 78 :    

             78          (i) the teacher
  or school employee       is a qualified adult; and


7.    Page 3, Line 81 :    

             81          (4) A school, school board, or school official may encourage a teacher
  or other school employee       to volunteer to


8.    Page 3, Lines 84 through 85 :    

             84      make an emergency epinephrine auto-injector available to any teacher
  or other school employee who:

    (i)    is  
employed at the school        ; and      

             85
         
  (ii)           is      {   who is   } a qualified adult.


9.    Page 3, Line 88 :    

             88      quickly accessed by a teacher
  or other school employee,       who is a qualified adult        ,       in the event of an emergency.

  (6)    No school, school board, or school official shall retaliate or otherwise take adverse action against a teacher or other school employee for:

    (a)    volunteering under Subsection (2);
    (b)    engaging in conduct described in Subsection (3); or
    (c)    failing or refusing to become a qualified adult.  


10.    Page 4, Line 94 :    

             94      auto-injector, available to any teacher
  or other school employee       who volunteers to become a qualified adult.


11.    Page 5, Line 146 :    

             146          (1) A [person] qualified adult who is [designated by] a teacher
  or other school employee       at a public or private


The motion to amend the bill passed unanimously with Rep. Litvack and Rep. Menlove absent for the vote.

Spoke in favor of the bill:    Michelle McOmber, Utah Medical Association
                        Charles Thronson, Utah Association for Justice
                        Jeff Leonard, Utah School Employees Association

MOTION:    Rep. Dougall moved to pass H.B. 101 as amended out favorably. The motion passed unanimously with Rep. Litvack and Rep. Menlove absent for the vote.                

Rep. Ray turned the chair over to Rep. Dougall.


H.B. 17    Cancer Screening and Mortality Reduction Program (Rep. P. Ray)

Rep. Ray presented H.B. 17 to the committee, assisted by Michael Siler, American Cancer Society. (handout)

Spoke in favor of the bill:    Sharon Folland, citizen
                        Patricia Worthington, citizen


MOTION:    Rep. Riesen moved to pass H.B. 17 out favorably. The motion passed unanimously with Rep. Litvack absent for the vote.

Rep. Dougall turned the chair over to Rep. Menlove.

H.B. 265    Office of Recovery Services - Electronic Funds Transfer (Rep. P. Ray)

Rep. Ray presented H.B. 265 to the committee.

Spoke in favor of the bill:    Mark Brasher, Office of Recovery Services

MOTION:    Rep. Dougall moved to pass H.B. 265 out favorably. The motion passed unanimously.

MOTION:    Rep. Dougall moved to place H.B. 265 on the Consent Calendar with the approval of Rep. Ray. The motion passed unanimously.

H.B. 268    Health Facility Committee Membership (Rep. C. Herrod)

MOTION:    Rep. Sandstrom moved to amend the bill as follows:

1.    Page 2, Lines 30 through 31 :    

             30          (1) The Health Facility Committee created by Section 26-1-7 consists of [13]
{   14   }        15      

             31      members appointed by the governor with the consent of the Senate. The appointed members

2.    Page 2, Lines 39 through 49 :    

             39          (d) one representative of
  a freestanding       ambulatory surgical      {   facilities   }        facility       ;       

    (e) one representative of an ambulatory surgical facility that is affiliated with a hospital;  

             40          [(d)]
{   (e   }        (f)       ) two representatives of the nursing care facility industry;

             41          [(e)]
{   (f)   }        (g)       one registered nurse, licensed to practice under Title 58, Chapter 31b, Nurse

             42      Practice Act;
             43          [(f)]
{   (g)   }        (h)       one professional in the field of mental retardation not affiliated with a nursing

             44      care facility;

             45          [(g)]
{   (h)   }        (i)       one licensed architect or engineer with expertise in health care facilities;

             46          [(h)]
{   (i)   }        (j)       two representatives of assisted living facilities licensed under this chapter;

             47          [(i)]
{   (j)   }        (k)       two consumers, one of whom has an interest in or expertise in geriatric care;

             48      and
             49          [(j)]
{   (k)   }        (l)       one representative from either a home health care provider or a hospice

The motion to amend the bill passed unanimously

Rep. Herrod presented the amended bill to the committee.

MOTION:    Rep. Dougall moved to pass H.B. 268 out favorably. The motion passed unanimously.

H.J.R. 5    Joint Resolution Urging Support of Medicaid Long-term Care Funding of Home and Community-based Supports (Rep. M. Noel)

Rep. Noel presented the bill, assisted by Andrew Riggle, public policy advocate for the Disability Law Center.

Spoke in favor of the bill:    Joyce Dolcourt, ARC of Utah
                        Laura Polacheck, AARP Utah

MOTION:    Rep. Dougall moved to pass the bill out favorably. The motion passed unanimously.

MOTION:    Rep. Dougall moved to place H.J.R. 5 on the Consent Calendar with the approval of Rep. Noel. The motion passed unanimously.


MOTION:    Rep. Riesen moved to adjourn the meeting. The motion passed unanimously.

Rep. Ray adjourned the meeting at 9:16 a.m.



                        __________________
                        Rep. Paul Ray
                        Committee Chair