SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES

May 4, 2001 Hearing Room B

1:00 PM Tapes 112 - 115

MEMBERS PRESENT: Sen. Bill Fisher, Chair

Sen. Margaret Carter, Vice-Chair

Sen. Gary George

Sen. Frank Shields

Sen. Ken Messerle

STAFF PRESENT: Rick Berkobien, Administrator

Andrew Morris, Committee Assistant

MEASURE/ISSUES HEARD: SB 894 Work Session

SB 927 Work Session

SB 917 Work Session

SB 819 Work Session

HB 3078 Work Session

HB 2672A Work Session

SB 418 Work Session

SB 885 Work Session

SB 30 Work Session

SB 553 Work Session

SB 906 Work Session

SB 144 Work Session

HB 3145A Work Session

These minutes are in compliance with Senate and House Rules. Only text enclosed in quotation marks reports a speaker’s exact words. For complete contents, please refer to the tapes.

TAPE/#	Speaker	Comments
TAPE 112, A
004	Chair Fisher	Calls meeting to order at 1:15 p.m. and opens a work session on SB 894.
SB 894 WORK SESSION
011	Lori Long	Department of Consumer and Business Services. Testifies on SB 894 (EXHIBIT A). Comments on the workgroup that was convened.
033	Kevin Earls	Oregon Association of Hospitals and Health Systems. Gives a sectional analysis of the –2 amendments to SB 894.
132	John Powell	Regence Blue Cross/Blue Shield. Testifies on SB 894 and the –3 amendments.
165	Long	Comments on the presented amendments.
174	Rick Berkobien	Administrator. Clarifies the amendments.
186	Powell	Continues testimony.
194	Holly Robinson	Legislative Counsel. Explains the language in the –3 amendments.
204	Earls	Follows-up to Robinson’s comments.
211	Robinson	Comments on federal law.
251	Earls	Discusses the background of SB 894. Enters letters into the record (EXHIBIT B).
266	Chair Fisher	Enters letters into the record (EXHIBIT C).
280	Chair Fisher	Closes the work session on SB 894 and opens a work session on SB 927.
SB 927 WORK SESSION
290	Sen. Carter	MOTION: Moves SB 927 to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Ways and Means.
		VOTE: 5-0 AYE: 5 - Carter, George, Messerle, Shields, Fisher
327	Chair Fisher	The motion CARRIES.
333	Chair Fsiher	Closes the work session on SB 927 and opens a work session on SB 917.
SB 917 WORK SESSION
336	Berkobien	Explains SB 917 and the –1 amendments (EXHIBIT D) to the committee.
355	Chair Fisher	Comments on SB 917.
388	Sen. George	MOTION: Moves to ADOPT SB 917-1 amendments dated 05/03/01.
		VOTE: 3-2 AYE: 3 - George, Messerle, Fisher NAY: 2 - Carter, Shields
390	Chair Fisher	The motion CARRIES.
394	Sen. George	MOTION: Moves SB 917 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 3-2 AYE: 3 - George, Messerle, Fisher NAY: 2 - Carter, Shields
405	Chair	The motion CARRIES. SEN. FISHER will lead discussion on the floor.
408	Chair Fisher	Closes the work session on SB 917 and opens a work session on SB 819.
SB 819 WORK SESSION
412	Berkobien	Explains SB 819 to the committee. And –8’s (EXHIBIT E)
TAPE 113, A
024	Sen. Carter	MOTION: Moves to ADOPT SB 819-8 amendments dated 05/02/01.
		VOTE: 5-0 AYE: 5 - Carter, George, Messerle, Shields, Fisher
037	Chair Fisher	The motion CARRIES.
024	Sen. Carter	MOTION: Moves SB 819 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.
		VOTE: 5-0 AYE: 5 - Carter, George, Messerle, Shields, Fisher
037	Chair Fisher	The motion CARRIES.
039	Chair Fisher	Closes the work session on SB 819 and opens a work session on HB 3078.
HB 3078 WORK SESSION
045	Berkobien	Explains HB 3078 and the –1 amendments (EXHIBIT F) to the committee.
062	Rep. Barnhart	HD 40. Testifies in opposition to the –1 amendments. Gives reasons to oppose the –1 amendments.
090	Sen. George	States the –1 amendments can clarify current law.
096	Rep. Barnhart	Relates a possible scenario. Comments on psychological treatment.
151	Sen. Carter	Asks about the –1 amendments.
157	Rep. Barnhart	Responds he does not support the –1 amendment. Comments on the –1 amendment.
171	Chair Fisher	Provides personal opinion. Comments on the best interest of the child.
205	Rep. Barnhart	Comments on the treatment of children.
248	Chair Fisher	Calls a recess at 2:01 p.m.
250	Chair Fisher	Calls meeting back to order at 2:06 p.m.
266	Dr. Jana Zeedyk	Comments on HB 3078.
300	Dr. Michelle Whitehead	Ph.D. Chair, Board of Psychologist Examiners. Testifies on HB 3078 (EXHIBIT G). Comments on the –1 amendment.
395	Sen. George	Asks how many problems have been reported in the area of the –1 amendments.
405	Zeedyk	Responds not many.
TAPE 112, B
004	Sen. Carter	Comments on the administrative rules.
011	Zeedyk	Relates a hypothetical situation.
019	Sen. Carter	Asks if the –1 amendment could cause problems in the future.
023	Whitehead	Responds affirmatively.
025	Dr. Susan Patchin	Board of Psychologist Examiners. Testifies in support of the HB 3078.
042	Sen. Carter	Asks about the affects of reprimands on record.
045	Patchin	Responds it depends on the level of reprimand.
057	Zeedyk	Explains the reprimand process.
070	Whitehead	Comments on letters of reprimand.
087	Sen. Shields	Asks how many people check on psychologists records.
093	Whitehead	Responds not many.
103	Chair Fisher	Refers to (EXHIBIT G). Asks about the adoption of administrative rules and ethics.
112	Whitehead	States that the appropriate ethics have been adopted.
138	Zeedyk	Explains ethical standards.
155	Whitehead	Comments on legislative guidance.
177	Chair Fisher	Closes the work session on HB 3078 and opens a work session on SB 30.
SB 30 WORK SESSION
183	Berkobien	Explains SB 30 to the committee.
228	Sen. George	MOTION: Moves SB 30 to the floor with a DO PASS recommendation.
		VOTE: 3-2 AYE: 3 – George, Messerle, Fisher NAY: 2 – Carter, Shields
249	Chair Fisher	The motion CARRIES. SEN. FISHER will lead discussion on the floor.
252	Chair Fisher	Closes the work session on SB 30 and reopens the work session on HB 3078.
HB 3078 WORK SESSION
265	Justin Burns	Attorney. Testifies in support of the –1 amendment. States the bill corrects a misinterpretation. States the bill is retroactive. Comments on the background of the –1 amendment.
320	Mike Farnell	Attorney. Comments on psychological examinations. Relates a situation with the Board of Psychological Examiners.
383	Sen. Carter	Comments on the presented scenario.
401	Farnell	Discusses the impact of reprimands.
TAPE 113, B
000	Farnell	Continues testimony.
015	Sen. Messerle	Comments on the intention of HB 3078.
024	Farnell	Discusses civil liability.
034	Burns	States the amendment is already in place with administrative rules.
044	Rep. Barnhart	Provides personal opinion.
096	Chair Fisher	Comments on board responsibility. Asks if the whole psychological commentary has been adopted by the board.
120	Whitehead	Responds affirmatively.
144	Zeedyk	Comments on the American Psychological Association’s (APA) commentary.
160	Chair Fisher	Asks if the rules are all in print.
163	Zeedyk	Responds she is unsure.
182	Rep. Barnhart	Comments on the APA’s commentary.
199	Zeedyk	Reads from the administrative rules. Relates a possible scenario.
220	Whitehead	Reviews administrative rules.
244	Zeedyk	Continues reviewing administrative rules.
277	Sen. Carter	MOTION: Moves to ADOPT HB 3078-1 amendments dated 05/03/01.
		VOTE: 2-2 AYE: 2 – Messerle, Fisher NAY: 2 – Carter, Shields EXCUSED: 1 – George
304	Chair Fisher	The motion FAILS.
308	Sen. Shields	MOTION: Moves HB 3078 to the floor with a DO PASS recommendation.
360	Chair Fisher	Calls a recess at 3:08 p.m.
363	Chair Fisher	Calls the meeting back to order at 3:09 p.m.
		VOTE: 2-2 AYE: 2 – Carter, Shields NAY: 2 – Messerle, Fisher EXCUSED: 1 – George
381	Chair Fisher	The motion FAILS.
385	Chair Fisher	Closes the work session on HB 3078 and opens a work session on HB 2672A.
HB 2672A WORK SESSION
388	Sen. Carter	MOTION: Moves HB 2672A to the floor with a DO PASS recommendation and BE REFERRED to the committee on Rules and Redistricting.
		VOTE: 4-0 AYE: 4 – Carter, Messerle, Shields, Fisher EXCUSED: 1 – George
395	Chair Fisher	The motion CARRIES.
400	Chair Fisher	Closes the work session on HB 2672A and opens a work session on SB 418.
SB 418 WORK SESSION
416	Sen. Shields	MOTION: Moves SB 418 to the floor with a DO PASS recommendation.
TAPE 114, A
		VOTE: 4-0 AYE: 4 – Carter, Messerle, Shields, Fisher EXCUSED: 1 – George
002	Chair Fisher	The motion CARRIES. SEN. CARTER will lead discussion on the floor.
003	Chair Fisher	Closes the work session on SB 418 and opens a work session on SB 885.
SB 885 WORK SESSION
004	Sen. Dukes	SD 1. Explains the –1 amendments (EXHIBIT H).
038	Scott Gallant	Oregon Medical Association (OMA). Testifies in opposition to SB 885.
077	Sen. Dukes	Reviews the intentions of SB 885. Comments on chronic pain.
113	Gallant	Gives reasons why the association disagrees with SB 885.
134	Sen. Dukes	Comments on continuing education.
143	Chair Fisher	Asks about pain management programs.
148	Sen. Dukes	Explains how the program would work for different practitioners.
163	Chair Fisher	Comments on the potential fiscal impact.
177	Sen. Dukes	Responds how continuing education would be incorporated.
196	Sen. Messerle	Relates a possible scenario.
200	Sen. Dukes	Explains how the bill will work.
268	Gallant	Comments on the intent of SB 885.
287	Sen. Dukes	Explains what the bill will do.
322	Gallant	Comments on the affects of the –1 amendments.
329	Sen. Dukes	Reiterates the intent of SB 885.
345	Sen. Messerle	States a need for clarification.
350	Sen. Dukes	Explains SB 885.
370	Gallant	Comments on the issues surrounding SB 885.
378	Sen. Messerle	Asks for the OMA’s issues with the bill.
383	Gallant	Explains the OMA’s position.
TAPE 115, A
000	Sen. Carter	MOTION: Moves SB 885 to the floor with a DO PASS recommendation and BE REFERRED to the committee on Rules and Redistricting.
		VOTE: 4-0 AYE: 4 - Carter, Messerle, Shields, Fisher EXCUSED: 1 – George
005	Chair Fisher	The motion CARRIES.
007	Chair Fisher	Closes the work session on SB 885 and opens a work session on SB 553.
SB 553 WORK SESSION
016	Sen. Shields	Comments on SB 553.
028	Sen. Carter	MOTION: Moves SB 553 to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Rules and Redistricting.
045	Sen. Carter	Withdraws the motion to move SB 553 to Rules and Redistricting.
053	Chair fisher	Closes the work session on SB 553 and opens a work session on SB 906.
SB 906 WORK SESSION
056	Sen. Carter	MOTION: Moves SB 906 to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Rules and Redistricting.
		VOTE: 4-0 AYE: 4 - Carter, Messerle, Shields, Fisher EXCUSED: 1 – George
072	Chair Fisher	The motion CARRIES.
074	Chair Fisher	Closes the work session on SB 906 and opens an work session on HB 3145A.
HB 3145A WORK SESSION
077	Sen. Carter	MOTION: Moves HB 3145A to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Rules and Redistricting.
		VOTE: 4-0 AYE: 4 - Carter, Messerle, Shields, Fisher EXCUSED: 1 – George
085	Chair Fisher	The motion CARRIES.
087	Chair Fisher	Closes the work session on HB 3145A and opens a work session on SB 144.
SB 144 WORK SESSION
088	Sen. Carter	MOTION: Moves SB 144 to the floor with a DO PASS recommendation and BE REFERRED to the committee on Judiciary.
		VOTE: 4-0 AYE: 4 - Carter, Messerle, Shields, Fisher EXCUSED: 1 – George
097	Chair Fisher	The motion CARRIES.
098	Chair Fisher	Closes the work session on SB 144 and opens a work session on SB 894.
SB 894 WORK SESSION
103	Sen. Shields	Serves notice of possible minority reports on SB 30 and SB 917.
104	Sen. Carter	MOTION: Moves to ADOPT SB 894-4 amendments dated 05/04/01 (EXHIBIT I).
		VOTE: 3-0 AYE: 3 - Carter, Messerle, Fisher EXCUSED: 2 - George, Shields
115	Chair Fisher	The motion CARRIES.
116	Sen. Carter	MOTION: Moves SB 894 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 3-0 AYE: 3 - Carter, Messerle, Fisher EXCUSED: 2 - George, Shields
126	Chair Fisher	The motion CARRIES. SEN. FISHER will lead discussion on the floor.
130	Chair Fisher	Closes the work session on SB 894 and closes the committee at 3:51 p.m.

Submitted By, Reviewed By,

Andrew Morris, Rick Berkobien,

Committee Assistant Administrator

EXHIBIT SUMMARY

A – SB 894, Written testimony, Lori Long, 3 pp.

B – SB 894, Letters, Kevin Earls, 15 pp.

C – SB 894, Letters, Sen. Bill Fisher, 4 pp.

D – SB 917, -1 amendments, Staff, 5 pp.

E – SB 819, -8 amendments, Staff, 10 pp.

F – HB 3078, -1 amendments, Staff, 2 pp.

G – HB 3078, Written testimony and information, 102 pp.

H – SB 885, -1 amendments, Sen. Joan Dukes, 5 pp.

I – SB 894, -4 amendments, Staff, 7 pp.