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MINUTES OF THE
HOUSE HEALTH AND HUMAN SERVICES STANDING COMMITTEE
ROOM 25, HOUSE OFFICE BUILDING, STATE CAPITOL COMPLEX
February 7, 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. 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:
* * * Some lines not shown * * *

             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; [and]
             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 also
             25      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