SENATE COMMITTEE ON HEALTH POLICY

 

 

March 6, 2003                                                                                                         Hearing Room B

1:00 PM                                                                                                                        Tapes 31 - 32

 

MEMBERS PRESENT:         Sen. Bill Morrisette, Chair

Sen. Bill Fisher, Vice-Chair

Sen. John Minnis

Sen. Frank Shields

Sen. Charles Starr

Sen. Vicki Walker

 

STAFF PRESENT:                 Marjorie Taylor, Administrator

Saranelle Allen, Committee Assistant

 

MEASURE/ISSUES HEARD:           SB 435 - Public Hearing

                                                SB 434 – Public Hearing and Work Session

SB 436 - 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 31, A

008

Chair Morrisette

Convenes meeting at 1:11 p.m.  Explains that the previously scheduled informational meeting will be rescheduled.  Opens a public hearing on SB 435 .

SB 435 - PUBLIC HEARING

 

Marjorie Taylor

Administrator.  Explains bill and submits letters from Stephen McConnel and John McCulley in opposition to SB 435 (EXHIBIT A).

023

Rep. Phil  Barnhart

District 11.  Testifies in support of SB 435.  Reviews pain treatment and scope of practice issues. 

 

Dr. Allan Chino

Clinical Health Psychologist.  Testifies in favor of SB 435.  States that an email in opposition was received today from John McCulley, Oregon Psychiatric Association

 

Sen. Walker

Asks questions on content of the email and asks that it be submitted as record (EXHIBIT B).

097

Rep. Barnhart

States further clarification on treatment methods.

 

Rep. Barnhart

Replies concerning medical care without their certified scope of practice.

 

Chino

States type of diagnosis which could occur and place a person in a mental illness classification.

 

Sen. Fisher

Raises question on wording on the bill as to interpretation of ‘medical care’.

217

Chino

Replies on treatment outside scope of practice.

 

Sen. Fisher

States the wording may leave scope clarification open for interpretation.

 

Rep. Barnhart

Gives additional testimony on treatment.

 

Chino

Relates a concern on how treatment by psychological physician puts a tag on the individual as having mental problems, when it’s actually pain care that is required.

 

Sen. Fisher

Expresses concerns that bill is too open to interpretation.

353

Chino

Explains the need for legislation to care for people with chronic pain problems.

 

Sen. Shields

States his understanding on the intent of the bill.

 

Sen. Fisher

Asks for clarification on the wording of the bill to fit the need.

 

Chair Morrisette

Asks if it’s a problem to change the wording on the bill in an amendment.

435

Chino

Feels that wording could be developed and fine tuned to suit all concerns.

 

Chair Morrisette

Asks Sen. Fisher if he has a recommendation in the language.

 

Sen. Fisher

Suggests limiting it to referred medical conditions that the diagnosing physician would send.  Asks question of Chino.

Tape 32, A

008

Chino

States he rarely receives referrals from psychiatrists; mostly come from other physicians.  The reason is due to his field being the chronic pain area.

 

Chair Morrisette

Closes the public hearing.  Suggests a combined effort with Sen. Fisher to develop the wording and return for a work session.

SB 434 - PUBLIC HEARING 

022

Chair Morrisette

Opens public hearing on SB 434.

 

Sen. Shields

Introduces United Methodist visitors in the audience.

030

Marjorie Taylor

Administrator.  Explains the bill.

 

Sen. Joan Dukes

District 16.  Testifies for a -1 amendment to SB 434 (EXHIBIT C).  Gives explanation of the amendment.

 

Kathy Hahn

Doctor of Pharmacy and Chair, Oregon Pain Management Commission.  Testifies in support of SB 434.

065

Bruce Johnson

Assistant Executive Director, Board of Medical Examiners.  Submits written testimony from Kathleen Haley, Executive Director of the Board of Medical Examiners in support of SB 434 (EXHIBIT D).  Gives additional information on what their board is doing to meet the requirements of the proposed legislation.

129

Glenda Walton

RN.  Testifies as a chronic pain patient.  Expresses support of the bill and explains how the treatment program classifies you as a drug user.

 

Dr. Allan Chino

Clinical Health Psychologist.  Explains he is a co-author of a book recently published on chronic pain and the cover-up by the pain management field.  Explains the problems of access.

233

Chair Morrisette

Closes public hearing, and opens a work session

SB – 434 – WORK SESSION

234

Sen. Fisher

MOTION:  Moves to ADOPT SB 434-1 amendments dated 3/4/03 (EXHIBIT C).

238

 

VOTE:  6-0

 

Chair Morrisette

Hearing no objection, declares the motion CARRIED.

240

Sen. Fisher

MOTION:  Moves SB 434 to the floor with a DO PASS AS AMENDED recommendation.

243

 

VOTE:  6-0

Aye.  In a roll call vote, all members present vote Aye.

 

Chair Morrisette

The motion CARRIES.

SEN. DUKES will lead discussion on the floor.

 

Chair Morrisette

Closes work session on SB 434.

SB 436 – PUBLIC HEARING

310

Chair Morrisette

Opens public hearing on SB 436.

 

Marjorie Taylor

Administrator.  Explains bill, and submits correspondence received from Dr. Paul Stull, Dr. Joseph Dunn, and Dr. Donna Morgan in support of SB 436 (EXHIBIT E).

 

Sen. Joan Dukes

District 16.  Explains bill, and talks about the changes, and the requirement for a second opinion for intractable pain.  Submits written testimony from Dr. Harry Rinehart, MD (EXHIBIT F).

 

Kathy Hahn

Doctor of Pharmacy.  Available for any questions.

 

Sen. Fisher

Asks Hahn if referrals come from her practice or prescription patterns.

 

Sen. Dukes

Advises that this is the only condition for which the law mandates in statute a second opinion; no other condition requires this level of opinion.

 

Sen. Minnis

Suggests restoring language in current law, but give specific authorization to a physician for a number of days for pain, and the physician then could make a referral.  Suggests placing a prohibition on refilling the prescription until criteria met.

 

Sen. Dukes

Restates the intent of the proposed amendment to the bill.  Explains time loss and extended costs of care.

 

Sen. Minnis

Reviews his intent to accommodate both sides. 

Tape 31, B

005

Hahn

Relates concern for people who are chronic pain sufferers, and should not be judged as drug addicts.

020

Sen. Fisher

Asks how medical profession would feel about continued education in taking a refresher course in pain management.

 

Hahn

Reviews that the Wisconsin Pain and Policy group would like to come to Oregon again and implement a retraining. 

 

Sen. Shields

Supports the bill, and asks how our restrictions compare to other states. 

 

Hahn

Gives details, and more specifically the ‘second opinion’ issue.

 

Chair Morrisette

Closes public hearing and opens a work session

SB 436 – WORK SESSION

056

Sen. Fisher

MOTION:  Moves SB 436 to the floor with a DO PASS recommendation.

057

 

VOTE:  5-1

AYE:               5 - Fisher, Shields, C. Starr, Walker, Morrisette

NAY:               1 - Minnis

 

Chair Morrisette

The motion CARRIES.

SEN. DUKES will lead discussion on the floor.

070

Chair Morrisette

Adjourns the meeting at 2:16 p.m.

 

EXHIBIT SUMMARY

 

A – SB 435, written testimony, Stephen S. McConnel, 2 pp.

B – SB 435, email copy, Allen Chino, 1 p.

C – SB 434-1, proposed amendment, Senator Joan Dukes, 1 p.

D – SB 434, written testimony, Bruce Johnson, 1 p.

E – SB 436, written testimony, Dr. Paul Stull, J. Dunn, D. Morgan, 2 pp.

F – SB 436, written testimony, Senator Joan Dukes, 5 pp.