REVISED MINUTES OF THE

HOUSE HEALTH AND HUMAN SERVICES

STANDING COMMITTEE

Monday, February 6, 2017 • 3:40 pm • 210 Senate Building

Note: A list of others present, a copy of related materials, and an audio recording of the meeting can be found at le.utah.gov.

Chair Daw called the meeting to order at 3:51 p.m.

MOTION:     Vice Chair Kennedy moved to approve the minutes of the February 2, 2017, meeting. The motion passed with a vote of 9-0-3.

1. S.B. 85 Amendments to Child Welfare (Harper, W.)

Sen. Wayne A. Harper presented the bill.

MOTION:     Rep. Ward moved to pass S.B. 85 out favorably. The motion passed with a vote of 9-0-3.

2. H.B. 267 Organ Donation Amendments (Wheatley, M.)

Rep. Mark A. Wheatley presented the bill with the assistance of Mr. Alex McDonald, Intermountain Donor Services.

MOTION:     Rep. Redd moved to pass H.B. 267 out favorably. The motion passed with a vote of 9-1-2.

3. H.B. 227 Emergency Medical Service System Amendments (Gardiner, A.)

Rep. Adam Gardiner presented the bill with the assistance of Mr. Paul Patrick, Utah Department of Health.

MOTION:     Rep. Spendlove moved to amend H.B. 227 with Amendment #1. 

1.    Page 1, Lines 12 through 15:   

12   ►      adds an exemption from the requirements to have a Department of Health

13background clearance for licensure for law enforcement employees working as

14emergency medical service dispatchers that have received an approved Department

15of Public Safety background clearance; and

2.    Page 11, Lines 310 through 312:    

310 (4)

311issued or retain a [certification] license under this section unless the individual obtains and

312retains background clearance under Section 26-8a-310.

3.    Page 14, Lines 417 through 420:    

417 

418dispatcher and has received an approved Department of Public Safety background clearance is

419exempt from the requirements to have a Department of Health background clearance for

420licensure.  

The motion passed with a vote of 10-0-2.

MOTION:     Rep. Miles moved to pass out favorably H.B. 227. The motion passed with a vote of 10-0-2.

MOTION:     Rep. Spendlove moved to place H.B. 227 on the Consent Calendar.

POINT OF ORDER: Rep. Ray raised a point of order. He asked whether a bill can be placed on the Consent Calendar if it has a fiscal note. The sponsor of the bill noted that the amendment to the bill eliminated the fiscal note.

The motion passed with a vote of 11-0-1.

4. H.B. 234 Post-Exposure Blood Testing Amendments (Redd, E.)

Rep. Edward H. Redd presented the bill.

MOTION:     Rep. Ward moved to amend H.B. 234 with Amendment #2.

1.    Page 3, Line 82 through Page 4, Line 101:   

82   (2) (a) A law enforcement agency may submit on behalf of the petitioner

83emergency services provider or first aid volunteer  

84request for a warrant ordering a blood draw from the respondent.

85   

86electronic or other means an ex parte request for a warrant ordering a blood draw from the

87respondent.

88    [  

89provide a specimen of the respondent's blood within 24 hours, and that reasonable force may be

90used, if necessary, if the court or magistrate finds that:

91   (i) the petitioner was significantly exposed during the course of performing the

92petitioner's duties as an emergency services [or] provider, first aid [provider] volunteer, or

93health care provider;

94   (ii) the respondent has refused consent to the blood draw or is unable to give consent;

95   (iii) there may not be an opportunity to obtain a sample at a later date; and

96   (iv) a delay in administering available FDA-approved post-exposure treatment or

97prophylaxis could result in a lack of effectiveness of the treatment or prophylaxis.

98   

99perform the blood draw.

100 

101shall be sent to the Department of Health for testing.

The motion passed with a vote of 12-0-0.

MOTION:     Rep. Ward moved to pass H.B. 234 out favorably. The motion passed with a vote of 12-0-0.

5. H.B. 142 Administration of Anesthesia Amendments (Kennedy, M.)

Rep. Michael S. Kennedy presented the bill with the assistance of Mr. Ted Morris, Certified Registered Nurse Anesthetist and President, Utah CRNA Association.

Ms. Cathy Dupont, Associate General Counsel, Office of Legislative Research and General Counsel, spoke to the bill.

Mr. Michael Beck, President of Utah Association of Anesthesiologists, spoke to the bill.

Mr. Travis Slade, American Society of Anesthesiologists, spoke to the bill.

Ms. Kathleen Kaufman, Utah Nurses Association, spoke in favor of the bill.

Ms. Michelle McOmber, Utah Medical Association, spoke in favor of the bill.

Ms. Cathy Dupont, Associate General Counsel, Office of Legislative Research and General Counsel, spoke to the bill.

MOTION:     Rep. Ray moved to replace H.B. 142 with 3rd Substitute H.B. 142. The motion passed with a vote of 11-0-1.

MOTION:     Rep. Redd moved to amend 3rd Substitute H.B. 142 with Amendment #3.

1.    Page 2, Lines 53 through 55:   

53   (b) The database required by Subsection (1)(a) shall include reports submitted by

54health care providers under Sections

5558-69-501  

2.    Page 3, Lines 83 through 85:   

83   (iii) the adequacy of sedation and anesthesia requirements in Sections

8458-31b-501, 58-67-501, 58-68-501, and 58-69-501  

85this section; and

The motion passed with a vote of 11-0-1.

MOTION:     Rep. Ward moved to pass 3rd Substitute H.B. 142 out favorably. The motion passed with a vote of 11-0-1.

MOTION:     Rep. Hollins moved to adjourn. The motion passed with a vote of 11-0-1.

_____________________________________

Rep. Brad M. Daw, Chair