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MINUTES OF THE
HOUSE HEALTH AND HUMAN SERVICES STANDING COMMITTEE
ROOM 25, HOUSE OFFICE BUILDING, STATE CAPITOL COMPLEX
January 26, 2011


MEMBERS PRESENT:    Rep. Paul Ray, Chair
                Rep. Evan J. Vickers, Vice Chair
                Rep. Rebecca Chavez-Houck
                Rep. David Clark
                Rep. Tim M. Cosgrove
                Rep. Bradley M. Daw
                Rep. Dean Sanpei

MEMBERS ABSENT:    Rep. Ronda Rudd Menlove
                Rep. Christine F. Watkins                
            
STAFF PRESENT:        Mark D. Andrews, Policy Analyst
                Thomas R. Vaughn, Associate General Counsel
                RuthAnne Frost, Associate General Counsel
                Linda Black, House Secretary

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


Chair Ray called the meeting to order at 4:20 p.m.

Chair Ray relinquished the chair to Vice Chair Vickers.

H.B. 204    Protection of Athletes with Head Injuries (Rep. P. Ray)

MOTION:    Chair Ray moved to amend the bill as follows:

1.    Page 1, Lines 22 through 25 :    

             22          .    prohibits a child described in the preceding paragraph from participating in a
             23      sporting event of the amateur sports organization until the child receives medical
             24      clearance from a
  qualified       health care provider trained in the evaluation and management of a

             25      concussion.

2.    Page 3, Lines 59 through 65 :    

             59          (4) "
{   Licensed   }        Qualified       health care provider" means      {   :

             60          (a) a physician or surgeon licensed under:
             61          (i) Title 58, Chapter 67, Utah Medical Practice Act; or
             62          (ii) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;


             63          (b) a physician assistant, licensed under Title 58, Chapter 70a, Physician Assistant Act;
             64      or
             65          (c) an athletic trainer, as defined in Section 58-40a-102 .  
}
  a health care provider who:

(a) is licensed under Title 58, Division of Occupational and Professional Licensing Act; and
(b) may evaluate and manage a concussion within the health care provider's scope of practice.  


3.    Page 4, Lines 102 through 108 :    

             102          (2) prohibit the child described in Subsection (1) from participating in a sporting event
             103      of the amateur sports organization until the child:
             104          (a) is evaluated by a
{   licensed   }        qualified       health care provider who is trained in the evaluation and

             105      management of a concussion; and
             106          (b) provides to the amateur sports organization
{   written clearance   }        with a written statement       from the      {   licensed   }        qualified      

             107      health care provider described in Subsection (2)(a)
{   for the child   }        stating that:

(i) the qualified health care provider has, within three years before the day on which the written statement is made, successfully completed a continuing education course in the evaluation and management of a concussion; and
(ii) the child is cleared  
to resume participation in the

             108      sporting event of the amateur sports organization.

The motion passed unanimously.

Chair Ray presented the bill to the committee.

Spoke in favor of the bill:    Mr. Ron Roskos, Brain Injury Association of Utah
                Mr. Bart Thompson, Utah High School Activities Association

MOTION:    Rep. Daw moved to pass H.B. 204 with a favorable recommendation. The         motion passed unanimously.



H.B. 198    Tobacco Related Penalty Amendments (Rep. P. Ray)

Chair Ray presented the bill to the committee with the assistance of Commissioner Mark Johnson, Utah State Tax Commission.

MOTION:    Rep. Clark moved to pass H.B. 198 with a favorable recommendation. The motion passed unanimously.

H.B. 201    Tobacco Licensing Amendments (Rep. P. Ray)

Chair Ray presented the bill to the committee with the assistance of Commissioner Mark Johnson, Utah State Tax Commission.

MOTION:    Rep. Clark moved to pass H.B. 201 with a favorable recommendation. The motion passed unanimously.

Chair Ray resumed the chair.

H.B. 18    Health Reform - Cost Containment (Rep. B. Daw)

MOTION:    Rep. Daw moved to adopt 1st Substitute H. B. 18. The motion passed unanimously.

Rep. Daw presented the bill to the committee.

Spoke to the bill:    Ms. Christy Cushing, Utah Public Employees' Association

MOTION:    Rep. Sanpei moved to pass 1st Substitute H.B.18 with a favorable recommendation. The motion passed unanimously.

H.B. 64     Human Blood Procurement and Use (Rep. S. Handy)

Rep. Handy presented the bill to the committee.

Spoke in favor of the bill:    Ms. Karen Nielsen, ARUP Blood Services
                Ms. Julia Wulf, American Red Cross (handout)

Rep. Clark moved to pass H.B. 64 with a favorable recommendation. The motion passed unanimously.




H.B. 216    Reunification Services Amendments (Rep. M. Newbold)

MOTION:    Vice Chair Vickers moved to amend H.B. 216 as follows:

1.    Page 1, Lines 12 through 18 :    

             12          This bill:
  . defines terms;      

             13          .    creates a presumption that reunification services should not be provided to a birth
             14      mother if the court finds, by clear and convincing evidence, that at the time of birth
             15      the child has fetal alcohol syndrome or fetal drug dependency, unless the mother
             16      agrees to immediately enroll in, is currently enrolled in, or
  , after using the substance that resulted in fetal alcohol syndrome or fetal drug dependency,       has successfully

             17      completed, a treatment program approved by the
{   Division of Child and Family   }        Department of Human      

             18      Services; and

2.    Page 1, Lines 25 through 26 :    

             25      AMENDS:
             26          62A-4a-205, as last amended by Laws of Utah 2009, Chapter 161
      78A-6-301, as enacted by Laws of Utah 2008, Chapter 3 78A-6-301, as enacted by Laws of Utah 2008, Chapter 3      


3.    Page 5, Line 147 :    

             147          (ii) the nature of the alleged abuse or neglect.
      Section 2. Section 78A-6-301 is amended to read:      

     78A-6-301 .   Definitions.
     As used in this part:
     (1) "Custody" means the custody of a minor in the Division of Child and Family Services as of the date of disposition.
      (2) "Fetal drug dependency" means that a child is born dependent on a controlled substance, as defined in Section 58-37-2, that was unlawfully used by the child's mother during pregnancy.      

    
{   (2)   }        (3)       "Protective custody" means the shelter of a child by the Division of Child and Family Services from the time the child is removed from home until the earlier of:

     (a) the shelter hearing; or


     (b) the child's return home.
    
{   (3)   }        (4)       "Temporary custody" means the custody of a child in the Division of Child and Family Services from the date of the shelter hearing until disposition.

Renumber remaining sections accordingly.
4.    Page 6, Line 165 :    

             165      Subsections
{   (21) and   }        (20) through       (22).


5.    Page 8, Line 238 :    

             238      period described in
{   Subsection   } [(2)(d)]      {   (13)   }        Subsections (11) through (14)       does not interrupt the running of the period.


6.    Page 10, Line 304 through Page 11, Line 307 :    

             304          (k) with respect to a parent who is the child's birth mother, at the time of birth the child
             305      has fetal alcohol syndrome or fetal drug dependency, unless the mother agrees to immediately
             306      enroll in, is currently enrolled in, or
  , after using the substance that resulted in fetal alcohol syndrome or fetal drug dependency,       has successfully completed, a program approved by the

             307
{  
     division   }
  department       , as follows:


7.    Page 11, Line 337 through Page 12, Line 338 :    

             337          (b) The time limits described in [Subsection (2)] Subsections
{   (9), (10), (13), and (16)

             338      through (18)  
}
  (2) through (19)       are not tolled by the parent's absence.


8.    Page 12, Line 353 :    

             353      limitations imposed in [Subsection (2)] Subsections
{   (9), (10), (13), and (16) through (18)   }        (2) through (19)       .


The motion passed unanimously.

Rep. Newbold presented the bill to the committee.

Spoke to the bill:    Mr. Richard Nance, Division of Substance Abuse, Utah County
            Mr. Tom Vaughn, Associate General Counsel



MOTION:    Rep. Daw moved to pass H.B. 216, as amended, with a favorable recommendation. The motion passed with Rep. Chavez-Houck voting in opposition.

H.B. 212    Charges by Health Providers for Medical Records (Rep. F. Gibson)

MOTION:    Rep. Cosgrove moved to adopt 1st Substitute H.B. 212. The motion passed unanimously with Rep. Daw absent for the vote.

Rep. Gibson presented the bill to the committee.

MOTION:    Rep. Clark moved to pass 1st Substitute H.B. 212 with a favorable recommendation. The motion passed unanimously.

H.B. 229    Mental Health Professional Practice Act (Rep. K. Grover)

This bill was not considered.

MOTION:    Rep. Daw moved to adjourn the meeting. The motion passed unanimously.

Chair Ray adjourned the meeting at 5:30 p.m.






_____________________________
                         Rep. Paul Ray, Chair