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MINUTES OF THE SENATE HEALTH AND HUMAN SERVICES

    STANDING COMMITTEE
THURSDAY, FEBRUARY 7, 2008
ROOM W020, WEST OFFICE BUILDING, STATE CAPITOL COMPLEX



Members Present:        Sen. D. Chris Buttars, Chair
                Sen. Allen M. Christensen
                Sen. Brent H. Goodfellow
                Sen. Peter C. Knudson
                Sen. Scott D. McCoy
    
Staff Present:            Mark D. Andrews, Policy Analyst
                Nedra B. Duzett, Secretary

Public Speakers Present:    Michelle McOmber, Utah Medical Association
                Laura Poe, Bureau Manager, Division of Occupational and
                Professional Licensing
                Ann Denarus, Certified Nurse Midwife
                Dr. Cynthia Jones, OBGYN, Utah Medical Association
                Holly Richardson, R.N., Licensed Direct-entry Midwife
                Craig Peterson, Utah Medical Association
                Laura Lund, Mother
                Representative Jackie Biskupski
                Brent Kelsey, Assistant Director, Division of Substance Abuse and
                Mental Health, Department of Human Services
                Debbie Turner, Department of Health
                Lisa-Michele Church, Executive Director, Department of Human Services
                Thomas Patterson, Executive Director, Department of Corrections
                Barry Nangle, Health Data, Department of Health
                Dr. Mark Babitz, Director, Health Systems Improvement, Department of Health
                Bruce King, Soaring Wings School
                Johnny Anderson, Utah Private Child Care Association
                Stan Lockhart, Utah Alliance of Boys and Girls Clubs, Inc.
                Mike Sibbetts, child care provider
                Dave Spatafore, citizen
                George Kelner, Director, Division of Services for People with Disabilities, Department of Human Services
        
A list of visitors and a copy of handouts are filed with the committee minutes.

Committee Chair Buttars called the meeting to order at 8:05 a.m.



MOTION: Sen. Goodfellow moved to approve the minutes of the February 5, 2008 meeting.

The motion passed unanimously with Sens. Christensen and Knudson absent for the vote.

1.    S.B. 93 Licensed Direct Entry Midwife Amendments (M. Dayton)

     MOTION: Sen. Goodfellow moved to amend the bill as follows:


1.    Page 5, Lines 132 through 134 :    

             132          (xi) any condition, disease, or illness that would disqualify a certified nurse midwife,
             133      licensed under Chapter 44a, Nurse Midwife Practice Act, from delivering a child
{   without

             134      assistance under the protocols of two or more general acute hospitals in Utah   } ; or

    The motion passed unanimously with Sens. Christensen and Knudson absent for the vote.
    
    Sen. Dayton explained the amended bill.

    Michelle McOmber, Utah Medical Association, gave further explanation and spoke in support of the bill.

    The following individuals spoke in support of the bill:
        Michelle McOmber, Utah Medical Association
        Ann Denarus, Certified Nurse Midwife
        Dr. Cynthia Jones, OBGYN, Utah Medical Association
        Laura Poe, Bureau Manager, Division of Occupational and Professional Licensing
        Craig Peterson, Utah Medical Association
            
    The following individuals spoke in opposition to the bill:
        Holly Richardson, R.N., Licensed Direct-entry Midwife
        Laura Lund, Mother
        Representative Jackie Biskupski

     MOTION: Sen. Knudson moved to pass the bill out favorably.

     SUBSTITUTE MOTION: Sen. McCoy moved to go to the next item on the agenda.



    The substitute motion failed with Sen. Goodfellow and Sen. McCoy voting for the motion.

    The original motion passed with Sen. Goodfellow and Sen. McCoy voting in opposition.

2.    H.B. 38 Education and Outreach Regarding Substances Harmful During
     Pregnancy (R. Menlove)

    Rep. Menlove explained the bill.

    Brent Kelsey, Assistant Director, Division of Substance Abuse and Mental Health, Department of Human Services, provided additional information on the bill.

    Debbie Turner, Department of Health, spoke in support of the bill.

     MOTION: Sen. Christensen moved to pass the bill out favorably.

    The motion passed unanimously with Sen. McCoy absent for the vote.

3.    Prevention Presentation
    Lisa-Michele Church, Executive Director, Department of Human Services, and Thomas Patterson, Executive Director, Department of Corrections, distributed handouts and discussed the use of preventive services.

4.    H.B. 47S1 Standards for Electronic Exchange of Clinical Health Information
     (R. Menlove)

     MOTION: Sen. Knudson moved to delete in title and body First Substitute H.B. 47 and replace it with Second Substitute H.B. 47.

    The motion passed unanimously with Sen. McCoy absent for the vote.

    Rep. Menlove explained the second substitute.

    Barry Nangle, Health Data, Department of Health, spoke in support of the second substitute.

     MOTION: Sen. Knudson moved to amend the second substitute as follows:

1.    Page 3, Lines 81 through 84 :    


             81          (b) A health care provider or third party payer is not required to use the standards
             82      adopted by the department under the provisions of Subsection (2) if the health care provider or
             83      third party payer engage in the
{   secure   } electronic exchange of clinical health information within

             84      a particular health care system.

    The motion passed unanimously with Sen. McCoy absent for the vote.

     MOTION: Sen. Christensen moved to pass the second substitute out favorably as amended.

    The motion passed unanimously with Sen. McCoy absent for the vote.

5.    S. B. 184 Child Care Licensing Exemptions (J. Greiner)

    MOTION: Sen. Goodfellow moved to adopt the amendment.

2.    Page 3, Line 70 :    

             70      person who holds a license
  or certificate       issued in accordance with this chapter.


3.    Page 3, Line 74 :    

             74          (a) (i) under the age of
{   12   }        13       ; or


4.    Page 3, Lines 78 through 84 :    

             78          (ii) a licensed or certified residential child care provider
{   who   }        , if the child       is under the age of four;

             79      or
             80          (iii) an employee or owner of a licensed child care center
{   who   }        , if the child       is under the age of four.

             81          [(4)] (5) "Residential child care" means child care provided in the home of a provider.
             82          
{   (6) "School" means a public or private:

             83          (a) elementary school; or
             84          (b) secondary school.   }
    
  (6)    "Public school" means a school that is:

        (a)    except as provided in Subsection (6)(b)(ii), directly funded at public

expense,                     including charter schools;
        (b)    provides:
            (i)    education to qualifying children for any grade from first grade                              through twelfth grade; or
            (ii)     preschool or kindergarten to qualifying children, regardless of whether                         the preschool or kindergarten is funded at public expense, if the school                         also provides education to qualifying children for any grade from first                         grade through twelfth grade.  



5.    Page 6, Line 182 :    

             182      schedule for playground equipment safety standards.
    
  (9)    Nothing in this chapter may be interpreted to grant a municipality or county the authority to license or certify a child care program.      


6.    Page 9, Lines 258 through 264 :    

             258      business licensed in this state; [or]
             259          
{   [   } (6) care provided        to qualifying children       as part of a course of study at or a program administered by an

             260      educational institution that is regulated by the boards of education of this state, a private
             261      education institution that provides education in lieu of that provided by the public education
             262      system, or by a parochial education institution.
{   ]   }

             263          
{   (6) care provided to qualifying children by a school, including pre-school programs

             264      operated by a school;   }

7.    Page 9, Line 269 through Page 10, Line 281 :    

             269          (8) care provided to qualifying children at a
  public       school by an organization other than the        public      

             270      school, if:
             271          (a) the care is provided under contract with the
  public       school; or

             272          (b) the
  public       school accepts responsibility and oversight for the care provided by the

             273
     organization;
             274          (9) care provided to qualifying children
{   that is:

             275          (a) under federal oversight; or
             276          (b) provided under a federal permit; or   }
  as part of a summer camp that operates on federal land pursuant to a federal permit;      

             277          (10) care provided by an organization that:
             278          (a) qualifies for tax exempt status under Section 501(c)(3) of the Internal Revenue
             279      Code; and
             280          (b) is provided pursuant to a written agreement with
{   a local or state government entity   }        :

    (i)    a municipality, as defined in Section 10-1-104, that provides oversight for the program; or
    (ii)    a county  

             281      that provides oversight for the program
{   .   }        ; or

    (11)    care provided at a residential support program that is licensed by the Department of Human Services.  


    The motion passed unanimously with Sen. Knudson and Sen. McCoy absent for the vote.

     MOTION: Sen. Christensen moved to adopt the following amendment:

1.    Page 9, Line 271 :    

                  After "school"    insert "or on school property"

    The motion passed unanimously with Sen. Knudson and Sen. McCoy absent for the vote.

    Dr. Mark Babitz, Director, Health Systems Improvement, Department of Health, answered questions of the committee.

    The following individuals spoke in support of the bill:
        Bruce King, Soaring Wings School
        Stan Lockhart, Utah Alliance of Boys and Girls Clubs, Inc.

    The following individuals spoke in opposition to the bill:
        Johnny Anderson, Utah Private Child Care Association

    Mike Sibbetts, child care provider, spoke to the bill.

     MOTION: Sen. Goodfellow moved to pass S.B. 184 out favorably as amended.
    
    The motion passed unanimously with Sen. Knudson and Sen. McCoy absent for the vote.

6.    S.B. 186 Custody and Parent-time for Non-parents (L. Hillyard)

    Sen. Hillyard explained the bill.

    Dave Spatafore, citizen, spoke in support of the bill.

     MOTION: Sen. Goodfellow moved to pass the bill out favorably.

    The motion passed unanimously with Sen. Knudson and Sen. McCoy absent for the vote.

7.    S.B. 188 Pilot Program for Summer School and after School Programs for Children with a Disability G. Bell)

    Sen. Bell explained the bill.

    George Kelner, Director, Division of Services for People with Disabilities, spoke in support of the bill.

     MOTION: Sen. Christensen moved to pass the bill out favorably.

    The motion passed unanimously with Sen. Knudson and Sen. McCoy absent for the vote.

8.    S.B. 82 Ambulatory Surgical Centers Amendments (A. Christensen)

    The bill was held at the sponsor's request.

Sen. Knudson adjourned the meeting at 9:50 a.m.

Minutes reported by Nedra Duzett, Secretary.



                    _______________________________________
                     Sen. D. Chris Buttars, Committee Chair