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MINUTES OF THE
HEALTH AND HUMAN SERVICES STANDING COMMITTEE
ROOM 223, STATE CAPITOL BUILDING
February 16, 2004

MEMBERS PRESENT:    Rep. Mike Thompson, Chair
            Rep. Steven R. Mascaro, Vice-Chair
            Rep. Calvin G. Bird
            Rep. Judy Ann Buffmire
            Rep. D. Gregg Buxton
            Rep. Patricia W. Jones
            Rep. Bradley G. Last
            Rep. David Litvack
            Rep. Rebecca Lockhart

MEMBERS ABSENT:    Rep. Marda Dillree
            
STAFF PRESENT:        Mark Andrews, Policy Analyst
            Sylvia Newton, House Secretary

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

Rep. Thompson called the meeting to order at 4:25 p.m.

MOTION:    Rep. Litvack moved to approve the minutes of the February 13, 2004 meeting. The motion passed unanimously with Rep. Mascaro absent for the vote.


H.B. 70    Geriatric Care Managers (Rep. R. Lockhart)

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

1.    Page 15, Lines 453 through 454 :    

             453          [(e) notwithstanding Subsection 58-31b-102 (11) an]
[[   [   ]]        An       individual employed by another

             454      person who is self directing his personal care in his private residence
  is exempt from licensure under Section 58-1-307       .      [[   ]   ]] []


The motion to amend the bill passed unanimously.

Rep. Lockhart introduced H.B. 70 as amended and explained it to the committee. She was assisted by Deb Wynkoop, Department of Health, and Laura Poe, Division of Occupational and Professional Licensing.

Spoke in favor of the bill:    Dirk Anjewierden, Utah Health Care Association
                        Lin Neff, Washington House Assisted Living, Ogden
                        Tina Johnson, consumer advocate

Spoke in opposition to the bill:    Laura Smith, Salt Lake County Aging Ombudsman
                            Helen Goddard, Division of Aging
                            Shauna O'Neil, Salt Lake County Aging Services

Spoke to the bill:    Susan Lewsen, Utah Nurses Association

MOTION:    Rep. Buxton moved to proceed to the next item on the agenda. The motion passed unanimously.


H.B. 127    Certified Medication Aide (Rep. R. Lockhart)

H.B. 127 was not considered in this meeting.


S.B. 86    Mental Health Professional Practice Act Amendments (Sen. D. C. Buttars)

Sen. Buttars introduced S.B. 86 and explained it to the committee.

MOTION:    Rep. Litvack moved to pass the bill out favorably. The motion passed unanimously with Rep. Lockhart absent for the vote.

MORION:    Rep. Mascaro moved to place S.B. 86 on the Consent Calendar. The motion passed unanimously with Rep. Lockhart absent for the vote.


H.B. 275    Adoption Amendments (Rep. A. Hardy)

Rep. Hardy introduced H.B. 275 and explained it to the committee. She was assisted by David McConkie, Utah Adoption Council.

MOTION:    Rep. Buffmire moved to pass the bill out favorably. The motion passed unanimously with Rep. Lockhart absent for the vote.


H.B. 241    Commitment for Mental Retardation (Rep. C. Bird)

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


1.    Page 4, Lines 100 through 106 :    

             100           62A-5-302. Division responsibility.
             101          [(1)] The division is responsible
  : (1)       for the supervision, care, and treatment of persons

             102      with mental retardation in this state who are committed to
[[   its   ]]        the division's       jurisdiction under the provisions

             103      of this part
[[   .   ]]        ; and      


             104          
[[   [   ]] (2)      [[   ]   ]] [The division is also responsible]      [[   [   ]] to evaluate and determine      [[   ]   ]] [, after the voluntary

             105      commitment criteria described in Section 62A-5-303 have been found to exist,]
[[   [   ]] the most

             106      appropriate, least restrictive setting for a mentally retarded individual.
[[   ]   ]]


2.    Page 12, Lines 342 through 345 :    

             342      determines that a transfer would be in the best interest of that resident. If a resident is
             343      transferred, the administrator shall give immediate notice of the transfer to the resident's
             344      spouse, guardian, parent,
[[   [   ]] or advocate      [[   ]   ]] [appointed under Section 62A-5-303 ] or, if none of those

             345      persons are known, to the resident's nearest known relative.

The motion to amend the bill passed unanimously with Rep. Lockhart absent for the vote.

Rep. Bird introduced H.B. 241 as amended and explained it to the committee. He was assisted by George Kelner, Division of Services for People with Disabilities.

Spoke in favor of the bill:    Joyce Dolcourt, Legislative Coalition for People with Disabilities

MOTION:    Rep. Jones moved to pass the bill out favorably. The motion passed unanimously with Rep. Lockhart absent for the vote.

MOTION:    Rep. Buffmire moved to place H.B. 241 on the Consent Calendar. The motion passed unanimously with Rep. Lockhart absent for the vote.





S.B. 125    Confidentiality of Drug Testing (Sen. P. Julander)

Sen. Julander introduced S.B. 125 and explained it to the committee.

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

MOTION:    Rep. Litvack moved to place S.B. 125 on the Consent Calendar. The motion passed unanimously.

MOTION:    Rep. Last moved to adjourn the meeting. The motion passed unanimously. The meeting was adjourned at 5:47 p.m.




                        __________________
                        Rep. Mike Thompson
                        Committee Chair