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MINUTES OF THE SENATE HEALTH AND HUMAN SERVICES

    STANDING COMMITTEE
FEBRUARY 1, 2007
ROOM W020, WEST OFFICE BUILDIN                                    G,
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:    Joyce Dolcourt, ARC of Utah
                Laura Poe, Bureau Manager, Division of Occupational &
                Professional Licensing
                Santiago Cortez, ANSAP
                Brent Kelsey, Asst. Director, Division of Substance Abuse and Mental Health, Department of Human Services
                Dave Felt, Director, Odyssey House OP/AUSAP
                Maurine Henry, Utah Commission on Aging
                Kent Alderman, Estate Planning Attorney
                George Kelner, Director, Division of Services for People with Disabilities
                Dr. Michael Abrams, Board of Directors, Utah Association of Surgical Centers
                Dr. Stewart Barlow, Past President, Utah Medical Association
                Brian Berg, Administrator, West Surgical Center
                Dr. Martin Brown, surgical center
                Terrell Day, surgical center
                Kelly Atkinson, Utah Health Insurance Association
                Robin Riggs, Vice-President, Salt Lake City Chamber of                  Commerce
                Dave Gessell, Utah Hospital Associations                             Eliana White, Utah Health Insurance Association    
                Tom Bingham, Utah Manufacturing Association
        
A list of visitors and a copy of handouts are filed with the committee minutes.

Committee Chair Buttars called the meeting to order at 8:01 a.m.

MOTION: Sen. McCoy moved to approve the minutes of the January 30, 2007 meeting.



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

1.    H.B. 84 Traumatic Brain Injury Fund (J. Gowans)

    
Rep. Gowans explained the bill.

    Joyce Dolcourt, ARC of Utah, spoke in support of the bill.

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

    The motion passed with Sen. Christensen voting in opposition to the bill.

2.    S.B. 45 Nursing Amendments (P. Knudson)
    
    
MOTION: Sen. Knudson moved the following amendment to the bill:

    Page 4, Lines 104 through 107

             104      plan[.];
  or      

             105          (d) the provision of preoperative, intraoperative, and postoperative anesthesia care and
             106      related services
  upon the request of a licensed health care professional       by an advanced practice registered nurse specializing as a certified registered

             107      nurse anesthetist, including:

    Page 5, Lines 127 through 130


             127          
{   (e)   }        (iv) for purposes of Subsection (13)(d), "upon the request of a licensed health care professional":

    (A) means a health care professional practicing within the scope of the health care professional's license, requests anesthesia services for a specific patient; and
    (B) does not,  
     {   nothing in this section shall be construed as to   } require an advanced practice

             128      registered nurse specializing as a certified registered nurse anesthetist to enter into a
             129      consultation and referral plan or obtain
  additional       authority to      {   prescribe in order to   } select, administer, or

             130      provide preoperative, intraoperative, or postoperative anesthesia care and services


    Page 8, Lines 231 through 232

             231          (e)
{   advanced practice registered nurse - CRNA;

             232          (f)  
}
advanced practice registered nurse - CRNA without prescriptive practice; and
    Page 8, Line 241 through Page 9, Line 247

             241          (5)
{   An individual holding a certified registered nurse anesthetist license as of July 1,

             242      2007, who can document the successful completion of advanced course work in patient
             243      assessment, diagnosis and treatment, and pharmacotherapeutics shall be issued an advanced
             244      practice registered nurse - CRNA license.
             245          (6)  
}
An individual holding a certified registered nurse anesthetist license as of July 1,
             246      2007
{   , who cannot document the requirements of Subsection (5),   } shall be issued an "APRN -

             247      CRNA - without prescriptive practice" license.

    The motion passed unanimously.

    Sen. Knudson explained the bill.

    Laura Poe, Bureau Manager, Division of Occupational and Professional Licensing, spoke in support of the bill.

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

    The motion passed unanimously.

3.    S.B. 160 Pharmacy Practice Act Amendments (P. Knudson)

     MOTION: Sen. Knudson moved the following amendment to the bill:

    Page 5, Line 121 through Page 5, Line 124

             121          (b)
{   providing to or receiving from a physician, surgeon, organization, agency, or other

             122      person, either directly or indirectly, any form of compensation for the referral of a

patient to a
             123      pharmacy licensed under this chapter, including compensation in the form of a commission,
             124      bonus, rebate, kickback, or split-fee arrangement;  
}

  for pharmacies and pharmacists not participating in Medicare or Medicaid, an act that would violate the Federal Anti-kickback Statute, 42 U.S.C. sec. 1320a-7b(b).      


    The motion passed unanimously.

    Sen. Knudson explained the bill as amended.

    Laura Poe, Bureau Manager, Division of Occupational and Professional Licensing, spoke in support of the bill.

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

    The motion passed unanimously.

4.    S.J.R. 3 Resolution Encouraging Congressional Funding for State Children's Health     Insurance (P. Knudson)

    
Sen. Knudson explained the bill.

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

    The motion passed unanimously.

5.    S.B. 193 Amendments to Mental Health Professional Practice Act (P. Jones)

    
Sen. Jones explained the bill.

    The following individuals spoke in support of the bill:

            Santiago Cortez, ANSAP
            Brent Kelsey, Asst. Director, DSAMRI
            Dave Felt, Director, Odyssey House OP/AUSAP

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

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


6.    S.B. 75 Advanced Health Care Directive Act (A. Christensen)

     MOTION: Sen. Christensen moved to delete in title and body S.B. 75 and replace it with 1st Substitute S.B. 75, Advance Health Care Directive Act.

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

    Sen. Christensen explained the substitute bill.

    The following individuals spoke in support of the bill:

            Maurine Henry, Utah Commission on Aging
            Kent Alderman, estate planning attorney

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

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

7.    H.B. 47 Pilot Program for Family Preservation Services (R. Menlove)

    Rep. Menlove explained the bill.

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

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

8.    H.B. 211 Background Checks for Division of Services for People with Disabilities
    (R. Lockhart)

    Rep. Lockhart explained the bill.

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

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

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

9.    S.B. 66 Employer Health Insurance Options - Cafeteria Plans (M. Waddoups)

     MOTION: Sen. Christensen moved to delete in title and body S.B. 66 and replace it with 1st Substitute S.B. 66, Employer Health Insurance Options - Cafeteria Plans.


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

    Sen. Waddoups explained the bill.

    The following individuals spoke in support of the bill.

            Dr. Michael Abrams, Board of Directors, Utah Association of Surgical Center
            Dr. Stewart Barlow, Past President, Utah Medical Association
            Brian Berg, Administrator, West Surgical Center
            Dr. Martin Brown, surgical center
            Terrell Day, surgical center

    The following individuals spoke in opposition to the bill.

            Kelly Atkinson, Utah Health Insurance Association
            Robin Riggs, Vice-President, Salt Lake City Chamber of Commerce
            Dave Gessell, Utah Hospital Association
            Eliana White, Utah Health Insurance Association
            Tom Bingham, Utah Manufacturing Association
    
     MOTION: Sen. Christensen moved to pass the bill out favorably.

    The motion passed with Sen. Goodfellow voting in opposition, and with Sen. Knudson absent for the vote.

10.    S.B. 61 Protability of Medical Assistance Funds (E. Mayne)

    The bill was not considered.

11.    S.B. 182 Child Support Modifications for TANF Recipients (L. Hillyard)

    
The bill was not considered.

12.    S.B. 184 Revisions to Child Support Definitions (L. Hillyard)

    
The bill was not considered.

13.    S.B. 189 Medicaid Home and Community-based Long-term Care (G. Davis)

    The bill was not considered.


14.    S.B. 200 Reduced Cigarette Ignition Propensity (E. Mayne)

    
The bill was not considered.

15.    H.B. 57 Public Health Amendments (B. Last)

    
The bill was not considered.

Chair Buttars adjourned the meeting at 9:58 a.m.

Minutes reported by Nedra Duzett, Secretary.



                    _______________________________________
                     Sen. D. Chris Buttars, Committee Chair