SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES

 

 

February 23, 2001   Hearing Room B

1:00 p.m.  Tapes 35 - 36

 

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

Jennifer Simmons, Committee Assistant

 

 

MEASURE/ISSUES HEARD:            SB 540 Public Hearing

SB 568 Public Hearing

                                                SB 601 Public Hearing and 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 35, A

003

Vice-Chair Carter

Opens meeting at 1:07 p.m.  Opens public hearing on SB 540.

PUBLIC HEARING – SB 540

007

Rick Berkobien

Administrator. Gives overview of the bill.

028

Tom Holt

Oregon State Pharmacists Association.  Reads from written testimony (EXHIBIT A).

099

Sen. Carter

Asks if drug testing is performed in addition to the background check.

100

Holt

Answers no.

101

Sen. Carter

Asks if this would be a concern to pharmacists.

103

Holt

Answers that some employers may already perform drug tests on their own.

105

Sen. Carter

Reads written testimony from Dr. Schnable in favor of the bill (EXHIBIT B).

123

Rick Sahli

Regional Pharmacy Director, Providence Health System. Reads from written testimony (EXHIBIT C).

160

Sen. Sheilds

Asks Sahli to comment further on discharge of employees due to drug use.

166

Sahli

Answers by giving an example of someone refilling personal prescriptions.  Says that since this was a minor infraction there was nothing they could due to warn future employers.

178

Sheilds

Asks what would happen if this bill took effect.

179

Sahli

Answers that they could bring the person in for a disciplinary inquiry.  The process would decide what, if any, action to take.

186

Sen. Carter

Asks if this person could have been put on probation rather than discharged.

190

Sahli

Answers that they could have done so, it is at the discretion of the employer.

211

Sen. Messerle

Asks how large of a problem this currently is.

218

Sahli

Answers that it is currently a small problem.  Says that in the last ten years about four employees have been discharged.

228

Holt

Says that they have thought through whether or not this was a large enough problem to warrant a change in statute.  States that they believe it to be a problem when an employee can divert drugs and then go to any other pharmacy and seek work without the potential employer knowing of the infraction.

249

Ed Patterson

Oregon Association of Hospitals and Health Systems.  Reads from written testimony (EXHIBIT D).  Submits hand engrossed version of SB 540 (EXHIBIT E).

380

Sen Sheilds

Asks if the main concern is the shortage of potential hospital workers.

390

Patterson

Answers that is not their primary concern.  Says that they do not see the need to provide additional bureaucracy. 

419

Sen. Messerle

Asks why the hospitals would oppose this bill.

431

Patterson

Answers that a hospital pharmacy is different than retail pharmacies.  Says that hospital pharmacies are largely run by PHD pharmacists that have a staff of educated employees.

TAPE 36, A

017

Chair Fisher

Asks why Mr. Patterson thinks that is a good situation for the Board of Pharmacies to be required to provide a license to someone despite theft and consumption of cocaine.

025

Patterson

Answers that the Board of Pharmacies should have the power to do background checks.

054

Chair Fisher

Asks if they should have to be placed on a registry if they have this background.

057

Patterson

Answers that the 1997 legislation made the requirement of the board to place this type of person on the registry.

060

Chair Fisher

Says that he would not have knowingly put the board in a position to have to register people with these backgrounds.

072

Sen. Sheilds

Says that right now an employer has to be proactive in checking on potential employees.  Says that this burden should be taken off the employer and placed on the board.

101

Patterson

Says that this bill was supported by his organization at the request of the hospitals.  Says that in most hospitals background checks are already performed.

113

Sen. Carter

Says that it sounds like most hospitals already know how to deal with these problems and maybe we should look into directing this bill to individual retailers instead of hospitals.

136

Chair Fisher

Says that he would like to hear from Mr. Johnston.

145

Bill Johnston

Insight WorldWide.  Tells the committee about a pre-hire test that his company provides.  Gives examples of things that can be found through this test.  Submits written material (EXHIBIT F).

192

Sen. Sheilds

Asks what percent of people try to fool this test.

196

Johnston

Answers that about six percent of people try to fool the test.

190

Sen. Sheilds

Tells the committee about a premarital survey that sounds similar to the test being spoken of.

218

Johnston

Says that these people really want to talk about what they are currently doing.

230

Sen. Messerle

Asks for accuracy percentage of test.

232

Johnston

Answers ninety-eight percent.

242

Sen. Sheilds

Asks why Mr. Johnston is here to testify if he has no position on the bill.

247

Patterson

Answers that he asked Mr. Johnston to come simply to speak about the test that could be used by pharmacies.

261

Sen. George

Says that this test should be presented to legislators before reelection

268

Chair Fisher

Says that he is very interested in the test.  Closes public hearing on SB 540 and opens public hearing on SB 568.

PUBLIC HEARING – SB 568

284

Berkobien

Gives brief overview of the bill.

304

Tom Holt

OSPA.  Reads from written testimony (EXHIBIT G).

357

Chair Fisher

Says that this just warns people that this is a different drug than was prescribed to them.

372

Holt

Responds that Chair Fisher is correct.

384

Lynne-Marie Crider

Research Director, AFL-CIO. Reads from written testimony (EXHIBIT H).

TAPE 35, B

011

Marcia Kelley

Women’s Rights Coalition.  Reads from written testimony (EXHIBIT I).

040

Chair Fisher

Says that nothing indicates that the sign is of any value.

042

Kelley

Says that she was pointing out the cost.

059

Chair Fisher

Says that he has had a situation where the brand name drug did help him better than the generic drug.  

085

Crider

Says that they cannot give statistics regarding how many people see the current sign.

094

Chair Fisher

Says that he has not heard of anyone that saw the sign at the pharmacy.

109

Sen. Carter

Tells the committee that she does not like to take generic drugs.  States that she is in opposition of this bill simply because she believes that the sign should stay in place.

128

Chair Fisher

Asks Senator Carter if she would like to work on some amendments to this bill.

132

Sen. Carter

Answers yes.

143

Chair Fisher

Closes public hearing on SB 568 and opens public hearing on SB 601.

PUBLIC HEARING – SB 601

175

Berkobien

Explains the purpose of the bill.

190

Chair Fisher

Enters into record written testimony from the Board of Pharmacy (EXHIBIT J).

190

Tom Holt

OSPA.  Reads written testimony (EXHIBIT K).

228

Chair Fisher

Closes public hearing and opens work session on SB 601.

WORK SESSION – SB 601

234

Sen. Carter

MOTION:  Moves SB 601 to the floor with a DO PASS recommendation.

240

 

VOTE:  4-0

EXCUSED:  1 - Shields

 

Chair Fisher

Hearing no objection, declares the motion CARRIED.

SEN. CARTER will lead discussion on the floor.  Adjourns meeting at 2:19 p.m.

 

 

Submitted By,                        Reviewed By,

 

 

 

Jennifer Simmons,                        Rick Berkobien,

Committee Assistant                        Administrator

 

 

EXHIBIT SUMMARY

 

A – written testimony, SB 540, Tom Holt, 2 pp

B – written testimony, SB 540, Dr. Schnable, 1 pp

C – written testimony, SB 540, Rick Sahli, 1 pp

D – written testimony, SB 540, Ed Patterson, 3 pp

E – hand engrossed amendments, SB 540, Ed Patterson, 2 pp

F – written material, SB 540, Bill Johnston, 4 pp

G – written testimony, SB 568, Tom Holt, 1 pp

H – written testimony, SB 568, Lynne-Marie Crider, 3 pp

I – written testimony, SB 568, Marcia Kelley, 1 pp

J – written testimony, SB 601, Board of Pharmacy, 1 pp

K – written testimony, SB 601, Tom Holt, 1 pp