SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES

April 27, 2001 Hearing Room B

1:00 PM Tapes 103 - 105

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 540 Work Session

SB 286 Work Session

SB 575 Work Session

HB 3040A Public Hearing and Work Session

HB 2263A Public Hearing and Work Session

HB 3078 Public Hearing

HB 2655 Public Hearing and Work Session

HB 2671 Public Hearing and Work Session

HB 3041 Public Hearing and Work Session

SB 392 Public Hearing and Work Session

HB 2652A 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 103, A
004	Chair Fisher	Calls meeting to order at 1:15 p.m. and opens a work session on SB 540.
SB 540 WORK SESSION
020	Ed Patterson	Oregon Association of Hospitals and Health Systems (OAHHS). Testifies on the –4 amendments. States the amendments are a compromise between parties.
056	Sen. Carter	Comments on SB 540.
064	Patterson	Explains the difference between the –3 and –4 amendments.
080	Tom Holt	Board of Pharmacy. Testifies on the –4 amendments. States agreement with the presented amendments.
105	Chair Fisher	Enters a letter from Gary Schnabel (EXHIBIT A). Comments on the –4 amendments.
123	Holt	States agreement with Sen. Fisher.
127	Chair Fisher	Continues commenting on the –4 amendments.
132	Holt	Explains the provisions in the –4 amendments.
148	Sen. Carter	Asks about the language of the bill.
160	Holt	Explains the intent.
184	Sen. Carter	MOTION: Moves to ADOPT SB 540-4 amendments dated 04/27/01.
		VOTE: 5-0 AYE: 5 - Carter, George, Messerle, Shields, Fisher
186	Chair Fisher	The motion CARRIES.
187	Sen. Carter	MOTION: Moves SB 540 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 5-0 AYE: 5 - Carter, George, Messerle, Shields, Fisher
195	Chair Fisher	The motion CARRIES. SEN. FISHER will lead discussion on the floor.
200	Chair Fisher	Closes the work session on SB 540 and opens a work session on SB 286.
SB 286 WORK SESSION
218	Sen. Carter	Comments on the –2 amendments.
248	Jodi Fischer	American Diabetes Association. Testifies on the –2 amendments. Explains the consensus reached.
280	Sen. Carter	MOTION: Moves to ADOPT SB 286-2 amendments dated 04/25/01.
		VOTE: 5-0 AYE: 5 - Carter, George, Messerle, Shields, Fisher
285	Chair Fisher	The motion CARRIES.
287	Sen. Carter	MOTION: Moves SB 286 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 5-0 AYE: 5 - Carter, George, Messerle, Shields, Fisher
299	Chair Fisher	The motion CARRIES. SEN. CARTER will lead discussion on the floor.
301	Chair Fisher	Closes the work session on SB 286 and opens a work session on SB 575 work session.
SB 575 WORK SESSION
306	Rick Berkobien	Administrator. Explains SB 575 to the committee.
325	Tom Bessonette	Citizen. Testifies on SB 575.
347	Sen. Carter	MOTION: Moves to ADOPT SB 575-3 amendments dated 04/27/01.
		VOTE: 5-0 AYE: 5 - Carter, George, Messerle, Shields, Fisher
350	Chair Fisher	The motion CARRIES.
353	Sen. Carter	MOTION: Moves SB 575 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
367	Chair Fisher	The motion CARRIES.
370	Chair Fisher	Closes the work session on SB 575 and opens a work session on SB 540.
SB 540 WORK SESSION
374	Sen. Shields	MOTION: Requests unanimous consent that the rules be SUSPENDED to allow SEN. GEORGE to BE RECORDED as voting AYE on SB 540.
		VOTE: 5-0 AYE: 5 - Carter, George, Messerle, Shields, Fisher
376	Chair Fisher	The motion CARRIES.
383	Chair Fisher	Closes the work session on SB 540 and opens a public hearing on HB 3040A.
HB 3040A PUBLIC HEARING
388	Berkobien	Explains SB 3040A to the committee.
TAPE 104, A
000	Rep. Jeff Kruse	HD 45. Testifies in support of HB 3040A. Comments on the work group that was convened to work on the bill. Reviews the bill.
043	Chair Fisher	Comments on HB 3040A.
052	Tim Nessbitt	Oregon AFL-CIO. Testifies in support of HB 3040A (EXHIBIT B). Explains the background of the bill.
114	Rep. Jerry Krummel	HD 27. Testifies in support of HB 3040A. Explains what the bill would provide for.
150	Chair Fisher	Explains the –A5 amendments.
157	Berkobien	Reads the –A5 amendments.
171	John Powell	Regence Blue Cross/Blue Shield. Testifies in support of HB 3040A. Comments on the agreement reached.
216	Lisa Trussell	Associated Oregon Industries (AOI). Testifies in support of HB 3040A. Explains the intentions of the bill. Comments on the development of administrative rules.
267	Joel Ario	Department of Consumer and Business Services. Testifies in support of HB 3040A (EXHIBIT C). States the bill is fragile.
295	Ed Neiburtt	Providence Health Plans. Testifies in support of HB 3040A. Reviews HB 3040A.
TAPE 103, B
000	Sen. Carter	Asks about referrals to specialists.
005	Neiburtt	Responds how the process will work.
014	Lynn-Marie Crider	Oregon AFL-CIO. Testifies in support of HB 3040A. Reviews HB 3040A.
048	Sen. Carter	Asks how will provide the external review.
053	Crider	Responds care providers. Continues explains HB 3040A.
138	Sen. George	Asks about the –A5 amendments.
142	Crider	Explains how the –A5 amendments would work. Continues reviewing the bill.
172	Jim Davis	Campaign for Patient Rights. Testifies in support of HB 3040A (EXHIBIT D).
185	Wendy Van Elverdinghe	Oregon Health Action Campaign. Testifies in support of HB 3040A (EXHIBIT E).
205	Peggy Anet	Health Insurance Association of America. Testifies in support of HB 3040A (EXHIBIT F). Comments on the intention of the bill.
244	Jack McRae	Senior Vice-President, LifeWise. Testifies on HB 3040A (EXHIBIT G). Comments on the need for the bill to be clear. Lists concerns with HB 3040A.
282	Chair Fisher	Closes the public hearing on HB 3040A and opens a work session on HB 3040A.
HB 3040A WORK SESSION
286	Sen. Carter	MOTION: Moves to ADOPT HB 3040A-A5 amendments dated 04/27/01.
		VOTE: 4-0 AYE: 4 - Carter, Messerle, Shields, Fisher EXCUSED: 1 - George
288	Chair Fisher	The motion CARRIES.
290	Sen. Carter	MOTION: Moves HB 3040A to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 4-0 AYE: 5 - Carter, Messerle, Shields, Fisher, George
306	Chair Fisher	The motion CARRIES. SEN. FISHER will lead discussion on the floor.
316	Chair Fisher	Closes the work session on HB 3040A and opens a public hearing on HB 2263A.
HB 2263A PUBLIC HEARING
320	Berkobien	Explains HB 2263A to the committee.
347	Pat Miles	Board of Nursing. Testifies in support of HB 2263A (EXHIBIT H). Addresses issues that HB 2263A covers.
399	Brian DeLashmutt	Oregon Nurses Association. Testifies in support of HB 2263A.
410	Chair Fisher	Comments on the role of the Board of Nursing.
TAPE 104, B
010	Chair Fisher	Closes the public hearing on HB 2263A and opens a work session on HB 2263A.
HB 2263A WORK SESSION
011	Sen. Carter	MOTION: Moves HB 2263A to the floor with a DO PASS recommendation.
		VOTE: 5-0 AYE: 5 - Carter, George, Messerle, Shields, Fisher
018	Chair Fisher	The motion CARRIES. SEN. SHIELDS will lead discussion on the floor.
025	Chair Fisher	Closes the work session on HB 2263 and opens a public hearing on HB 3078.
HB 3078 PUBLIC HEARING
026	Berkobien	Explains HB 3078 to the committee.
041	Rep. Phil Barnhart	HD 40. Testifies in support of HB 3078. Explains the background of the bill.
064	Susan Latham	Oregon Board of Psychologist Examiners. Testifies in support of HB 3078 (EXHIBIT I).
072	Kristine Phillips	Oregon Psychological Association. Testifies in support of HB 3078 (EXHIBIT J). States the bill is a housekeeping bill.
100	Justin Burns	Hagen, Dye, Hirschy & DiLorenzo, P.C. Testifies on HB 3078.
110	Mike Farnell	Hagen, Dye, Hirschy & DiLorenzo, P.C. Testifies on HB 3078. Relates the case of Dr. Michael Villanueva (EXHIBIT K). Proposes an amendment allowing for civil protection.
215	Chair Fisher	Reiterates the role of state boards. Refers to (EXHIBIT I).
258	Sen. Carter	Asks about the board standards.
268	Farnell	Responds the board has adopted a portion of the national rules, but not in their entirety which has caused problems.
285	Sen. Messerle	Asserts personal opinion.
296	Chair Fisher	Gives follow-up to Sen. Messerle.
332	Sen. George	Provides personal opinion.
347	Rep. Barnhart	Provides follow-up to Farnell’s testimony.
380	Chair Fisher	Provides personal opinion on past issues with the Board of Psychology.
TAPE 104, A
010	Rep. Barnhart	Gives personal opinion.
022	Chair Fisher	Comments on the role of boards. States the need for protection of individuals.
046	Chair Fisher	Closes the public hearing on HB 3078 and opens a public hearing on SB 392.
SB 392 PUBLIC HEARING
049	Berkobien	Explains SB 392 to the committee.
061	Lynn Reed	Office of Medical Assistance Programs. Testifies on SB 392 and the –1 amendments. Explains the –1amendments (EXHIBIT L).
094	Chair Fisher	Closes the public hearing on SB 392 and opens a work session on SB 392.
SB 392 WORK SESSION
097	Sen. Carter	MOTION: Moves to ADOPT SB 392-1 amendments dated 04/26/01.
		VOTE: 3-0 AYE: 3 - Carter, Messerle, Fisher EXCUSED: 2 - George, Shields
104	Chair Fisher	The motion CARRIES.
106	Sen. Carter	MOTION: Moves SB 392 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 3-0 AYE: 3 - Carter, Messerle, Fisher EXCUSED: 2 - George, Shields
115	Chair Fisher	The motion CARRIES. SEN. CARTER will lead discussion on the floor.
125	Chair Fisher	Closes the work session on SB 392 and opens a public hearing on HB 2652A.
HB 2652A PUBLIC HEARING
126	Berkobien	Explains HB 2652A.
130	Holt	Testifies in support of HB 2652A. Explains the engrossed version that was passed.
163	Sen. Messerle	Asks how a tie vote, on the council, is broken.
166	Holt	Responds the council works under a consent vote.
174	Jim Anderson	Oregon Medical Association. Testifies on HB 2652A.
200	Chair Fisher	Closes the public hearing on HB 2652A and opens a work session on HB 2652A.
HB 2652A WORK SESSION
203	Sen. Carter	MOTION: Moves HB 2652A to the floor with a DO PASS recommendation.
		VOTE: 4-0 AYE: 4 - Carter, George, Messerle, Fisher EXCUSED: 1 - Shields
214	Chair Fisher	The motion CARRIES. SEN. GEORGE will lead discussion on the floor.
222	Chair Fisher	Closes the work session on HB 2652A and opens a public hearing on HB 2655.
HB 2655 PUBILC HEARING
226	Holt	Testifies in support of HB 2655. Gives reasons the bill should be passed.
270	Chair Fisher	Closes the public hearing on HB 2655 and opens a work session on HB 2655.
HB 2655 WORK SESSION
273	Sen. Carter	MOTION: Moves HB 2655 to the floor with a DO PASS recommendation.
		VOTE: 4-0 AYE: 4 - Carter, George, Messerle, Fisher EXCUSED: 1 - Shields
282	Chair Fisher	The motion CARRIES. SEN. GEORGE will lead discussion on the floor.
290	Chair Fisher	Closes the work session on HB 2655 and opens a public hearing on HB 2671.
HB 2671 PUBLIC HEARING
295	Holt	Testifies in support of HB 2671 (EXHIBIT M). Explains what the bill does.
330	Chair Fisher	Provides personal opinion.
341	Chair Fisher	Closes the public hearing on HB 2671 and opens a work session on HB 2671.
HB 2671 WORK SESSION
343	Sen. Carter	MOTION: Moves HB 2671 to the floor with a DO PASS recommendation.
		VOTE: 4-0 AYE: 4 - Carter, George, Messerle, Fisher EXCUSED: 1 - Shields
350	Chair Fisher	The motion CARRIES. SEN. GEORGE will lead discussion on the floor.
357	Chair Fisher	Closes the work session on HB 2671 and opens a public hearing on HB 3041.
HB 3041 PUBLIC HEARING
361	Holt	Testifies in support of HB 3041 (EXHIBIT N). States the bill is a housekeeping bill.
380	Sen. Carter	Asks for clarification.
388	Holt	Clarifies what the bill does.
393	Chair Fisher	Closes the public hearing on HB 3041 and opens a work session on HB 3041.
HB 3041 WORK SESSION
396	Sen. Carter	MOTION: Moves HB 3041 to the floor with a DO PASS recommendation.
		VOTE: 4-0 AYE: 4 - Carter, George, Messerle, Fisher EXCUSED: 1 - Shields
407	Chair Fisher	The motion CARRIES. SEN. GEORGE will lead discussion on the floor.
412	Sen. Carter	MOTION: Requests unanimous consent that the rules be SUSPENDED to allow SEN. GEORGE to BE RECORDED as voting AYE on HB 3040A and HB 2263A.
		VOTE: 4-0 AYE: 4 - Carter, George, Messerle, Fisher EXCUSED: 1 - Shields
	Chair Fisher	The motion CARRIES.
427	Chair Fisher	Closes the work session and adjourns the meeting at 3:35 p.m.

Submitted By, Reviewed By,

Andrew Morris, Rick Berkobien,

Committee Assistant Administrator

EXHIBIT SUMMARY

A – SB 540, Letter, Sen. Bill Fisher, 3 pp.

B – HB 3040A, Written testimony, Tim Nesbitt, 2 pp.

C – HB 3040A, Written testimony, Joel Ario, 2 pp.

D – HB 3040A, Written testimony, Jim Davis, 2 pp.

E – HB 3040A, Written testimony, Wendy VanElverdinghe, 1 p.

F – HB 3040A, Written testimony, Peggy Anet, 2 pp.

G – HB 3040A, Written testimony, Jack McRae, 4 pp.

H – HB 2263A, Written testimony, Pat Miles, 2 pp.

I – HB 3078, Testimony for Janis Cote, Susan Latham, 2 pp.

J – HB 3078, Testimony for Clifford Johannsen, Kristine Phillips, 1 p.

K – HB 3078, Written testimony, Mike Farnell, 2 pp.

L – SB 392, Written testimony for Hersh Crawford, Lynn Read, 2 pp.

M – HB 2671, Written testimony, Tom Holt, 1 p.

N – HB 3041, Written testimony, Tom Holt, 1 p.