SENATE COMMITTEE ON HEALTH POLICY

 

 

March 27, 2003                                                                                                       Hearing Room B

1:00 pm                                                                                                                Tapes  43 - 44 - 45

 

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 630 – Public Hearing

                                                SB 435 – Work Session

                                                SB 723 – Public Hearing

                                                SB 708 - Public Hearing and Work Session

SB 709 – Public Hearing

 

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 43 A

008

Chair Morrisette

Convenes meeting at 1:12 p.m. and opens a public hearing on SB 630.

SB 630 – PUBLIC HEARING

020

Marjorie Taylor

Explains bill.  Advises attachments on SB 630-1 amendment from Tom Holt and letters submitted from Cindy Laubacher, Medco Health, and Anne Walsh, Naturopathic Examiners Board are included in the packets (EXHIBIT A).

 

Gary Schnabel

Executive Director.  Oregon Board of Pharmacy.  Submits written testimony in favor of SB 630 (EXHIBIT B).

189

Tom Holt

Executive Director of Oregon State Pharmacists Assoc.  Testifies in support of SB 630 and reviews the SB 630-1 proposed amendment (EXHIBIT A).

322

Sen. Minnis

Asks several questions on any penalties for abuse and language on guardianship.

 

Schnabel

Advises it would be up to the board authority.

450

Scott Gallant

Oregon Medical Association.  Testifies with concerns on the content of the bill, and explains there are requirements for the physicians to keep records and that this information is shared with the DEA.  States the committee needs to review the points of the bill and check into the ORS. 

Tape 44, A

030

Chair Morrisette

Asks if a direction on releasing information would solve the concern.

 

Gallant

Raises several issues about investigating physicians.

141

Gallant

Explains that there would most likely be a fiscal impact in the process of getting the program.  States more work would be required.

 

Barney Speight

Kaiser Permanente.  Expresses two issues on general policy, one on Oregon law conforming to the Federal HIPA law, which goes into effect the middle of next month, and second, is the statute that governs pain management.  Thinks it would be good to look into whether the policy direction is in balance.

210

Sen. Fisher

Asks if HIPA would be requiring this anyway.

 

Kathy Hann

Dr of Pharmacy, Chair of Pain Commission.  States the Pain Commission has unanimously approved this bill.

 

Chair Morrisette

States concern on confidentiality issues.

366

Sen. Minnis

States that the bill is in need of additional work.

 

Chair Morrisette

Closes public hearing on SB 630 and opens a work session on SB 435.

SB 435 – WORK SESSION

410

Sen. Joan Dukes

District 1.  Testifies in support of SB 435-2 amendment, and advises there is a -1 in the packet, but is here to testify on the intent of the -2 amendment.  Explains the change in the language (EXHIBIT C).

455

Sen. Minnis

Asks question on the -2 amendment allowing prescription dispensing by psychologists.

Tape 43, B

030

Sen. Minnis

MOTION:  Moves to ADOPT SB 435-2 amendment dated 03/21/03.

 

Sen. Fisher

Asks question on whether there is any additional testimony.

038

Chair Morrisette

Advises this was only a work session and not for further testimony.

 

Sen. Fisher

States he understood there were additional questions being raised, and maybe further testimony might be appropriate.

060

Sen. Dukes

Explains that the psychologist is not licensed to do anything over their scope of training.

 

Chair Morrisette

Asks Sen. Fisher if there was anyone in the room he wished to have testify.

 

Sen. Shields

States he feels the amendment is clear.

081

Sen. Minnis

Asks a procedural question as to whether or not Chair had placed his motion or not to adopt the -2 amendment.  Thought he had, but wasn’t sure.

 

Chair Morrisette

Advises we hadn’t acted on the motion for the -2 amendments.

 

Sen. Minnis

States he knew it wasn’t acted on it, but did he place it, because if it was placed procedurally then the discussion being held is irrelevant to the motion, or the adoption of the motion.

102

Chair Morrisette

States the discussion is relevant to the adoption of the motion.

 

Sen. Minnis

So you did place the motion?

 

Chair Morrisette

States he did place the motion.

125

Sen. Minnis

So the motion is before the committee.

 

Sen. Minnis

Move we call the Question (Adoption of -2 Amendments)

128

 

VOTE:  5-1

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

NAY:    1 - Fisher

144

Sen. Fisher

States he will vote no, because there is the potential that the ‘scope of training’ does not refer to the ‘assess and treat’ portion of the amendment, and feels that is where there’s a problem.

 

Sen. Minnis

States that now the motion is adopted we could take a further look at those words.  However, feels the paragraph is all connected together.

156

Sen. Minnis

MOTION:  Moves SB 435 to the floor with a DO PASS recommendation AS AMENDED

 

 

VOTE:  5-1

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

NAY:  1 - Fisher

188

Chair Morrisette

The motion CARRIES.

SEN. DUKES will lead discussion on the floor.

 

Sen. Fisher

States he had some points brought to his attention early this morning and had no time to check into it.  Might consider a yes vote later.

190

Chair Morrisette

Closes work session on SB 435 and opens a public hearing on SB 723.

SB 723 –PUBLIC HEARING

210

Tom Holt

Oregon State Pharmacists Association.  Submits written testimony in opposition to SB 723, concerning the practice of pill splitting as written and recommends an amendment (in process) that allows the final decision be made by the practitioners.

(EXHIBIT D).

325

Jim Edge

Office of Medical Assistance Programs.  Submits written testimony in opposition to SB 723 (EXHIBIT E).  States pill splitting could offer some cost savings.

 

Chair Morrisette

Asks question on why we have pill splitting.

360

Edge

Gives several comments on the original intent of pill splitting.

450

Leonard Hagen

Regence Blue Cross.  Testifies in opposition to the bill on pill splitting. (EXHIBIT F).  States that adding amendments to the bill would allow a cost saving and Blue Cross would then be in agreement with the bill.

461

Patty Church

Regence Blue Cross.  Gives a statement on the benefit of splitting tablets, for a physician who is then able to strengthen or decrease tablet dosage to fit a patients’ needs.

Tape 44 B

012

Barney Speight

Kaiser Permanente.  Submits written testimony in support of SB 723, and advises the upcoming -1 amendment (EXHIBIT G). 

 

Chair Morrisette

Closes public hearing on SB 723 and opens a public hearing on SB 708.

 

 

 

SB 708 – PUBLIC HEARING

088

Marjorie Taylor

Administrator.  Submits opposition letters received from Blake Rice, Riddle Pharmacy and Michael Hooper, Phoenix Pharmacy, submitted by Sen. Fisher (EXHIBIT H).

135

Rep. Laurie Monnes Anderson

District 50.  Testifies in support of SB 708 regarding nurse practitioners being allowed to dispense prescriptions.

167

Susan King

Oregon Nurses Association and Nurse Practitioners of Oregon.  Submits written testimony in support of SB 708 (EXHIBIT I).

188

Carol John

Nurse Practitioner.  Gives testimony in support of SB 708.

 

Liz LaDu

Women’s Health Nurse Practitioner.  Gives testimony in support of dispensing prescription drugs to indigent patients.

 

Aaron Evers

Family Nurse Practitioner, Portland.  Testifies in favor of SB 708, and explains problems that incur in small clinics with no doctors on staff.

 

Tracy Klein

RN.  Submits written testimony to support SB 708 and does not testify (EXHIBIT J).

 

Tom Holt

Reviews the chart on prescription dispensing (EXHIBIT K).

355

Sen. Minnis

Raises several questions.

431

Chair Morrisette

Asks about resolving some of the concerns with the Nurses Board.

 

Holt

Reviews issue of inability to try and work out any differences. 

Tape 45, A

008

Sen. Minnis

States if there is no ability to work on a compromise, he would prefer the bill be passed out.

 

Chair Morrisette

Concurs.  Opens a work session on SB 708.

SB 708 – WORK SESSION

040

Sen. Minnis

MOTION:  Moves SB 708 to the floor with a DO PASS recommendation.

 

Sen. Walker

Advises she is a co-sponsor of the bill.

052

 

VOTE:  4-0

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

EXCUSED:  2 - C. Starr, Fisher

 

Chair Morrisette

The motion CARRIES.

SEN. WALKER will lead discussion on the floor.

 

 

 

SB 709 – PUBLIC HEARING

081

Chair Morrisette

Opens and closes a public hearing on SB 709.

 

Chair Morrisette

Adjourns meeting at 3:06 p.m.

 

 

EXHIBIT SUMMARY

 

A – SB 630, proposed SB 630-1 amendment from Tom Holt, and written testimony, Cindy

       Laubacher and Anne Walsh, 3 pp.

B – SB 630, written testimony, Gary Schnabel, 3 pp.

C – SB 435, proposed amendments, -1, -2, Sen. Joan Dukes, 2 pp.

D – SB 723, written testimony, Tom Holt, 3 pp.

E – SB 723, written testimony, Jim Edge, 2 pp.

F – SB 723, written testimony, Leonard Hagen, 2 pp.

G – SB 723, written testimony, Barney Speight, 4 pp.

H – SB 708, written testimony submitted by Sen. Fisher for

                      Blake Rice and Michael Hooper, 2 pp.

I – SB 708, written testimony, Susan King, 3 pp.

J – SB 708, written testimony, Tracy Klein, 2 pp.

K – SB 708, written testimony, Tom Holt, 1 p.