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HOUSE HEALTH AND HUMAN SERVICES STANDING COMMITTEE
ROOM 25, HOUSE OFFICE BUILDING, STATE CAPITOL COMPLEX
February 12, 2010
Rep. Ronda R. Menlove, Vice Chair
Rep. Trisha S. Beck
Rep. Bradley M. Daw
Rep. Phil Riesen
Rep. Stephen E. Sandstrom
Rep. Evan J. Vickers
STAFF PRESENT: Mark D. Andrews, Policy Analyst
Thomas R. Vaughn, Associate General Counsel
Sylvia Newton, House Secretary
Note: A list of visitors and copy of handouts are filed with committee minutes.
Rep. Ray called the meeting to order at 8:08 a.m. The committee members, staff, and public then moved to Room 30 to accommodate the large group.
MOTION: Rep. Riesen moved to approve the minutes of the February 9, 2010 meeting. The motion passed unanimously with Rep. Sandstrom absent for the vote.
S.B. 90S1 Mental Health Professional Practice Act Amendments (Sen. L. Hillyard)
Rep. Menlove presented the bill in the absence of Sen. Hillyard. Emily Bleyl, Executive Director, National Association of Social Workers for Utah, explained the bill.
MOTION: Rep. Vickers moved to amend the bill as follows:
1. Page 2, Lines 31 through 32 :
31 . modifies license qualification requirements
and supervision
requirements
under the Substance Abuse Practice
32 Act; and
2. Page 2, Line 48 :
48 58-60-506, as last amended by Laws of Utah 2009, Chapter 183
58-60-508, as last amended by Laws of Utah 2007, Chapter 283
3. Page 3, Lines 66 through 71 :
66 (4)
except as provided in Subsection (5),
provides documentation that the
person has engaged in the lawful practice of the
67
profession for which licensure is sought for not less than 4,000 hours, of which 1,000
hours are67
68 in mental health therapy;
(5) if the person is applying for a license to practice as a licensed substance abuse
counselor, provides documentation that the person has:
(a) engaged in the lawful practice of the profession for not less than 4,000 hours; and
(b) has passed an examination approved by the division, by rule, to establish proficiency in the profession;
69
{
(5)
}
(6)
has passed the profession specific jurisprudence examination if
required of a new
70 applicant; and
71
{
(6)
}
(7)
is of good moral character and professional standing, and has no
disciplinary action
4. Page 14, Line 416 :
416 Subsection (2) or (3).
Section 12. Section 58-60-508 is amended to read:
58-60-508 . Core functions of the mental health therapist supervisor.
(1) Each supervisor of licensed substance abuse counselors shall:
(a) be a licensed mental health therapist qualified by education and experience to treat substance abuse;
(b) be currently working in the substance abuse treatment field;
(c) review substance abuse counselor assessment procedures;
(d) provide substance abuse diagnosis and other mental health diagnoses in accordance with Subsection 58-60-102 (7);
(e) participate in the development of a treatment plan;
(f) approve the treatment plan; and
(g) provide direct supervision for not more than five persons, unless granted an exception in writing from the board and the division.
(2) Each supervisor of a certified substance abuse counselor, certified substance abuse counselor intern, or certified substance abuse counselor extern shall:
(a)
(i)
be a licensed substance abuse counselor with
:
(A) until July 1, 2011,
at least one year of experience as a licensed substance
abuse counselor;
or
(B) beginning on July 1, 2011, at least two years of experience as a licensed
substance abuse counselor; or
(ii) be a licensed mental health therapist qualified by education and experience
to treat substance abuse;
(b) be currently working in the substance abuse field; and
(c) provide direct supervision for no more than three persons, unless granted an exception in writing from the board and the division.
The motion to amend the bill passed unanimously with Rep. Sandstrom absent for the vote.
Spoke to the bill: Diane Jackson, president-elect, Utah Mental Health Counselors Association
MOTION: Rep. Beck moved to pass 1st Substitute S.B. 90 as amended with a favorable recommendation. The motion passed unanimously with Rep. Sandstrom absent for the vote.
Rep. Ray relinquished the chair to Rep. Menlove.
H.B. 196 Tobacco Tax Revisions (Rep. P. Ray)
MOTION: Rep. Ray moved to amend the bill as follows:
1. Page 1, Line 14 through Page 2, Line 30 :
14 . increases the tax rate for the sale, use, storage, or distribution of tobacco products in
15 the state, for the 2010-11 fiscal year, as follows:
16 . for cigarettes weighing not more than three pounds per thousand cigarettes,
17 from 3.475 cents per cigarette to
{
6.55
}
8.5
cents per cigarette;
18 . for cigarettes weighing in excess of three pounds per thousand cigarettes, from
19 4.075 cents per cigarette to
{
7.68
}
9.963
cents per cigarette;
20 . for tobacco products, except moist snuff, from 35% to 66% of the
21 manufacturer's sales price; and
22 . for moist snuff, from $.75 to $1.41 per ounce;
23 . sets the tax rate for the sale, use, storage, or distribution of tobacco products in the
24 state, for each
third
year after the 2010-11 fiscal year, as follows:
25
. for cigarettes weighing not more than three pounds per thousand cigarettes,
at
25
{
one-tenth
}
the greater of the rate for the preceding state
fiscal year or one-half
26 of one cent above the national average rate, excluding certain tobacco
27 producing states;
28 . for cigarettes weighing in excess of three pounds per thousand cigarettes, at a
29 rate that is
{
1.173
}
1.409
times higher than the rate described in the preceding
30 paragraph;
2. Page 2, Lines 36 through 37 :
36 . allocates, on an annual basis,
{
$1,000,000
}
$250,000
of the funds
generated by the tax increase
37 in this bill to the Department of Health for the Gold Medal Schools Program; and
3. Page 2, Line 55 through Page 3, Line 76 :
55 (2) The rates of the tax levied under Subsection (1) are:
56 (a) beginning on July 1, 2010, and ending on June 30, 2011:
57 [
{
6.55
}
8.5
cents on each cigarette, for all cigarettes
weighing not more than
58 three pounds per thousand cigarettes; and
59 [
{
7.68
}
9.963
cents on each cigarette, for all cigarettes
weighing in excess of
60 three pounds per thousand cigarettes[
61 (b) beginning on July 1 of
{
each
}
every third
state fiscal year after the
2010-11 fiscal year, for all
62 cigarettes weighing not more than three pounds per thousand cigarettes,
{
as calculated
under
63 Subsection (3) }
the greater of:
(i) the rate for the preceding state fiscal year; or
(ii) the rate calculated under Subsection (3)
; and
64 (c) beginning on July 1 of
{
each
}
every third
state fiscal year after the
2010-11 fiscal year, for all
65 cigarettes weighing in excess of three pounds per thousand cigarettes, calculated by:
66 (i) multiplying the rate that is calculated under Subsection (3) by
{
1.173
}
1.409
; and
67
(ii) rounding the product of the calculation described in Subsection (2)(c)(i) to the67
68 nearest thousandth of one cent.
69 (3)
{
Beginning in 2011, on
}
On
or before April 1 of
{
each
year
}
2013, and on or before April 1 of each third year after 2013,
the tax
commission shall
70 calculate the tax rate described in Subsection (2)(b) by:
71 (a) determining the sum of the state tax rates, as the rates were on January 1 of that
72 year, for the cigarettes described in Subsection (2)(b), for each state of the United States,
73 except Georgia, Kentucky, North Carolina, South Carolina, Tennessee, and Virginia;
74 (b) dividing the sum described in Subsection (3)(a) by 44 and rounding the result to the
75 nearest thousandth of one cent; and
76 (c) adding
{
one-tenth
}
one-half
of one cent to the rounded amount
described in Subsection (3)(b).
4. Page 4, Lines 99 through 101 :
99 (e)
{
One million
}
S250,000
dollars of the revenue generated from the tax
increase imposed under
100 this section during the
{
2009
}
2010
General Session shall be annually
appropriated to the Department
101 of Health for use in the Gold Medal Schools program.
The motion to amend the bill passed with Rep. Daw voting in opposition to the motion and Rep. Sandstrom absent for the motion.
Rep. Ray explained H.B. 196 as amended, assisted by Mary Beckerle, Huntsman Cancer Institute.
Spoke in favor of the bill: Dr. Glen Hanson, Addiction Center, University of Utah
Laura Polacheck, Utah Alliance for Tobacco Free Living (handout)
Alan Pruhs, Association for Utah Community Health
Spoke in opposition to the bill: Joyce Mitchell, citizen
Dave Davis, Utah Retail Merchants Association
Royce Van Tassell, Utah Taxpayers Association
MOTION: Rep. Riesen moved to pass H.B. 196 as amended with a favorable recommendation. The motion passed with Rep. Daw and Rep. Sandstrom voting in opposition to the motion.
Rep. Daw assumed the chair.
H.B. 186 Controlled Substance Database Revisions (Rep. R. Menlove)
MOTION: Rep. Menlove moved to adopt 1st Substitute H.B. 186, Controlled Substance Database Revisions. The motion passed unanimously with Rep. Sandstrom and Rep. Ray absent for the vote.
Rep. Menlove explained the substitute bill, assisted by Michael Hales, Utah Department of Health.
Spoke in favor of the bill: Mark Steinagel, Director, Division of Occupational and Professional Licensing, Department of Commerce
MOTION: Rep. Vickers moved to pass the bill with a favorable recommendation. The motion passed unanimously with Rep. Sandstrom and Rep. Ray absent for the vote.
MOTION: Rep. Riesen moved to place 1st Substitute H.B. 186 on the Consent Calendar. The motion passed unanimously with Rep. Sandstrom and Rep. Ray absent for the vote.
H.B. 299 Amendments Related to Substances Harmful to Pregnancy (Rep. R. Menlove)
Rep. Menlove explained the bill to the committee, assisted by Julia Robertson, Utah Department of Health.
Spoke in favor of the bill: Mark Shurtleff, Attorney General of Utah
Steve McDonald, March of Dimes
MOTION: Rep. Riesen moved to pass the bill with a favorable recommendation. The motion passed unanimously with Rep. Sandstrom and Rep. Ray absent for the vote
MOTION: Rep. Riesen moved to place H.B. 299 on the Consent Calendar. The motion passed unanimously with Rep. Sandstrom and Rep. Ray absent for the vote
H.C.R. 9 Autism, Disabilities, and Faith Concurrent Resolution (Rep. R. Menlove)
MOTION: Rep. Menlove moved to amend the resolution as follows:
1. Page 2, Lines 53 through 58 :
53 BE IT FURTHER RESOLVED that a copy of this resolution be sent to
the
Coalition of Religious Communities,
the Salt Lake
54 Interfaith Roundtable, the Utah Parent Center, the Autism Council of Utah, Family Voices, the
55 Utah Developmental Disabilities Council, Allies with Families, the National Alliance for
56 Mental Illness Utah, the Autism Initiative and the Children with Special Health Care Needs
57 Bureau at the Utah Department of Health, the Utah Statewide Independent Living Council, the
58 Disability Law Center, and the Legislative Coalition for People with Disabilities.
The motion to amend the resolution passed unanimously with Rep. Sandstrom and Rep. Ray absent for the vote.
Rep. Menlove explained H.C.R. 9 as amended.
MOTION: Rep. Beck moved to pass the resolution with a favorable recommendation. The motion passed unanimously with Rep. Sandstrom and Rep. Ray absent for the vote.
MOTION: Rep. Beck moved to place H.C.R. 9 on the Consent Calendar. The motion passed unanimously with Rep. Sandstrom absent for the vote.
MOTION: Rep. Vickers moved to adjourn the meeting. The motion passed unanimously with Rep. Sandstrom absent for the vote.
Rep. Daw adjourned the meeting at 9:56 a.m.
__________________
Rep. Paul Ray
Committee Chair