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HOUSE HEALTH AND HUMAN SERVICES STANDING COMMITTEE
ROOM 25, HOUSE OFFICE BUILDING, STATE CAPITOL COMPLEX
February 7, 2011
Rep. Evan J. Vickers, Vice Chair
Rep. Rebecca Chavez-Houck
Rep. David Clark
Rep. Tim M. Cosgrove
Rep. Bradley M. Daw
Rep. Ronda Rudd Menlove
Rep. Dean Sanpei
Rep. Christine F. Watkins
STAFF PRESENT: Mark D. Andrews, Policy Analyst
Sylvia Newton, Committee Secretary
Note: A list of visitors and copy of handouts are filed with committee minutes.
Chair Ray called the meeting to order at 2:05 p.m.
MOTION: Rep. Vickers moved to approve the minutes of the February 2, 2011 meeting. The motion passed unanimously with Rep. Chavez-Houck, Rep. Daw, and Rep. Menlove absent for the vote.
H.B. 84 Office of Inspector General of Medicaid Services (Rep. D. Clark)
MOTION: Rep. Daw moved to replace H.B. 84 with 1st Substitute H.B. 84. The motion passed unanimously with Rep. Menlove absent for the vote.
Rep. Clark presented the substitute bill to the committee. A handout was provided.
MOTION: Rep. Sanpei moved to pass 1st Substitute H.B. 84 with a favorable recommendation. The motion passed unanimously with Rep. Cosgrove and Rep. Menlove absent for the vote.
H.B. 231 Parent-time Schedule Amendments (Rep. S. Sandstrom)
Rep. Sandstrom presented the bill to the committee.
Spoke in favor of the bill: Dani Hartvigsen, Coalition for the Preservation of Family Values
Bill Duncan, Sutherland Institute
Dalane England, Eagle Forum
Kim Grant, For Children's Sake
Phoebe Smith, Utah County Singles
Karen Peterson, The Cherishing Place
Bryan Walston, citizen
MOTION: Rep. Daw moved to amend the bill as follows:
1. Page 3, Line 84 through Page 4, Line 97 :
84 parent-time.
85 (8) (a) The court shall consider at least the following factors in determining alimony:
90 (v) whether the recipient spouse has custody of minor children requiring support
,
and if so, whether the payor has the ability to provide sufficient support to allow the
recipient spouse to be in the home to supervise and care for the minor children when
they are not in school
;
91 (vi) whether the recipient spouse worked in a business owned or operated by the payor
92 spouse; [
93 (vii) whether the recipient spouse directly contributed to any increase in the payor
94 spouse's skill by paying for education received by the payor spouse or allowing the payor
95 spouse to attend school during the marriage;
{
and
}
96 (viii) whether the recipient spouse
{
did not work outside the home, and should
continue
97 to stay at home, while there are preschool age children in the home }
sacrificed a
full time career to provide full time care of minor children and the parties'
household during the marriage; and
(ix) whether either of the parties wilfully engaged in behavior during the marriage which is known to unilaterally compromise a marital contract and jeopardize the health, safety, or financial stability of the other party or their children, including:
(A) sexual relations outside of the marriage;
(B) documented long-term or severe short-term physical abuse of the spouse or children;
(C) documented long-term addictions to alcohol, drugs, gambling, or pornography; and
(D) criminal behavior
.
2. Page 7, Lines 200 through 204 :
200 (17) Each parent shall be entitled to an equal division of major religious holidays
201 celebrated by the parents, and the parent who celebrates a religious holiday that the other parent
202 does not celebrate shall have the right to be together with the child on the religious holiday.
203
{
Major religious holidays may include those days celebrated by a particular
religion outside of
204 days on which the government has declared a holiday. }
The motion to amend the bill passed with Rep. Chavez-Houck, Rep. Sanpei, and Rep. Vickers voting in favor; Rep. Cosgrove and Rep. Ray voting in opposition; and Rep. Clark, Rep. Daw, Rep. Menlove, and Rep. Watkins absent for the vote.
MOTION: Rep. Sanpei moved to pass the bill with a favorable recommendation.
SUBSTITUTE
MOTION: Rep. Vickers moved to return the bill to the Rules Committee with the suggestion that it be reassigned to the House Judiciary Committee. The motion passed unanimously with Rep. Clark, Rep. Daw, and Rep. Watkins absent for the vote.
H.C.R. 5 Patient and Safety-centered Prescription Labels Concurrent Resolution (Rep. M. Poulson)
MOTION: Rep. Vickers moved to amend the resolution as follows:
1. Page 1, Line 24 through Page 2, Line 28 :
24
{
. urges pharmacists to encourage patients when they receive a prescribed
drug to also25 receive verbal instructions from the pharmacist on how to safely use and store the
26 prescribed drug;
27 . urges the Division of Occupational and Professional Licensing to survey doctors,
28 pharmacists, and patients to determine whether patients are receiving these instructions; } and
2. Page 3, Lines 73 through 88 :
{
73
BE IT FURTHER RESOLVED that the Legislature and the Governor urge
pharmacists,
74 as dispensers of prescription drugs, to encourage patients when they receive a prescribed drug
75 to also receive verbal instructions from the pharmacist on how to safely use the prescribed
76 drug, including the potential for dangerous interactions with other medications and substances,
77 where to find pertinent information on the prescription drug label, including prescription
78 number, directions, the purpose of the medication, as indicated by the physician, warning
79 labels, quantity, expiration date, refills remaining, pharmacy contact information and provider,
80 how to safely store and dispose of any unused portion of the prescription, including how to
81 protect family members and others from any unintentional or intentional misuse of the drug,
82 how to recognize any signs of dependency or addiction and the importance of reporting those
83 signs to the prescriber, and the legal prohibitions against sharing or selling any portion of the
84 prescription.
85 BE IT FURTHER RESOLVED that the Legislature and the Governor urge the Division
86 of Occupational and Professional Licensing, as division resources permit, to survey doctors,
87 pharmacists, and patients to determine whether patients are receiving appropriate instructions
88 on the safe use, storage, and disposal of prescription drugs and potential drug interactions. }
The motion to amend the resolution passed unanimously with Rep. Clark, Rep. Daw, and Rep. Watkins absent for the vote.
MOTION: Rep. Vickers moved to further amend the resolution as follows:
1. Page 1, Line 23 :
23 Legislature's
{
Business and Labor
}
Health and Human Services
Interim
Committee;
2. Page 3, Line 71 :
71 this project and present the improved prescription label format to the
{
Business and
Labor
}
Health and Human Services
3. Page 4, Line 101 :
101 Pharmacy Board, the Utah Pharmacists Association, the Utah Medical Association,
the
Utah Nurse Practitioners Association
the Utah
4. Page 4, Lines 104 through 105 :
104 of Boards of Pharmacy, the National Federation of Independent Business, the
{
Business and
105 Labor }
Health and Human Services
Interim Committee, the Division of
Occupational and Professional Licensing, the Utah
The motion to amend the resolution passed unanimously with Rep. Chavez-Houck and Rep. Watkins absent for the vote
Rep. Poulson presented the amended resolution to the committee.
Spoke in favor of the resolution: Laura Polacheck, AARP Utah
Shirley Bleak, Utah Nurse Practitioners
Joyce Dolcourt, Legislative Coalition for People with Disabilities
Norman Rounds, citizen
Gerald Hasty, citizen
Cindy Dowell, nurse practitioner
Darryl Wagner, Utah Pharmacists Association
MOTION: Rep. Vickers moved to pass the resolution as amended with a favorable recommendation. The motion passed unanimously with Rep. Chavez-Houck and Rep. Watkins absent for the vote.
S.B. 93 Child Welfare Legislative Oversight Panel Reporting Amendments (Sen. A. Christensen)
Sen. Christensen presented the bill to the committee.
MOTION: Rep. Menlove moved to pass the bill with a favorable recommendation. The motion passed unanimously with Rep. Chavez-Houck and Rep. Watkins absent for the vote.
MOTION: Rep. Menlove moved to place S.B. 93 on the Consent Calendar. The motion passed unanimously with Rep. Chavez-Houck and Rep. Watkins absent for the vote.
S.B. 106 Sexual Exploitation Amendments (Sen. D. Hinkins)
MOTION: Rep. Vickers moved to amend the bill as follows:
1. Page 42, Lines 1280 through 1282 :
1280 (B) intentionally distributes or views
material that the person knows
is
vulnerable adult pornography; and
1281 (ii) the vulnerable adult who appears in, or is depicted in, the vulnerable adult
1282 pornography lacks capacity to consent to the conduct described in Subsection (1)(a); or
The motion to amend the bill passed unanimously with Rep. Chavez-Houck, Rep. Menlove, and Rep. Watkins absent for the vote.
Sen. Hinkins presented the amended bill to the committee, assisted by Chad Platt, Statewide Association of Prosecutors.
Spoke in favor of the bill: Kris Fawson, Legislative Coalition for People with Disabilities
MOTION: Rep. Vickers moved to further amend the bill as follows:
1. Page 42, Lines 1276 through 1279 :
1276 76-5b-202. Sexual exploitation of a vulnerable adult -- Offenses.
1277 (1) A person is guilty of sexual exploitation of a vulnerable adult if the person:
1278 (a) (i) (A) knowingly produces, possesses, or possesses with intent to distribute
material that the person knows is
1279 vulnerable adult pornography; or
The motion to amend the bill passed unanimously with Rep. Chavez-Houck, Rep. Menlove, and Rep. Watkins absent for the vote.
MOTION: Rep. Vickers moved to pass S.B. 106 as amended with a favorable recommendation. The motion passed unanimously with Rep. Chavez-Houck, Rep. Menlove, and Rep. Watkins absent for the vote.
MOTION: Rep. Vickers moved to place S.B. 106 on the Consent Calendar. The motion passed unanimously with Rep. Chavez-Houck, Rep. Menlove, and Rep. Watkins absent for the vote.
MOTION: Rep. Daw moved to adjourn. The motion passed unanimously with Rep. Chavez- Houck, Rep. Menlove, and Rep. Watkins absent for the vote.
Chair Ray adjourned the meeting at 4:06 p.m.
_____________________________
Rep. Paul Ray, Chair