SENATE COMMITTEE ON COMMERCE

 

 

May 26, 2005                                                                                                          Hearing Room C

3:30 P.M.                                                                                                                      Tapes 67 - 68

Corrected 10/19/05

MEMBERS PRESENT:         Sen. Floyd Prozanski, Chair

Sen. Ginny Burdick

Sen. Charlie Ringo

Sen. Doug Whitsett

 

MEMBER EXCUSED:          Sen. Roger Beyer, Vice-Chair

 

STAFF PRESENT:                 Anna Braun, Committee Administrator

Karen Scoffield, Committee Assistant

 

MEASURES/ISSUES HEARD:        

                                                HB 2662A – Public Hearing and Work Session

                                                SB 446 – Public Hearing

                                                SB 968 – Work Session

                                                SB 426 – Work Session

                                                SB 1057 – 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 67, A

005

Chair Prozanski

Calls the meeting to order at 3:40 p.m.  Opens a public hearing on HB 2662A.  Discusses the agenda for today.  

HB 2662A – PUBLIC HEARING

015

Anna Braun

Committee Administrator.  Provides an overview of HB 2662A.

020

Rep. Paul Holvey

House District 8.  Discusses and submits written testimony in support of HB 2662A (EXHIBIT A).

065

Sen. Whitsett

Asks how many employees will be affected by HB 2662A.

069

Rep. Holvey

Estimates that there will be approximately 25 cases per year.  

075

Chair Prozanski

Discusses the fiscal analysis to HB 2662A.  Clarifies that Rep. Holvey had the same information when HB 2662A was presented on the House floor.

077

Rep. Holvey

Answers, yes.

The following material is submitted for the record without public testimony:

 

Sybil Hebb

Oregon Law Center.  Submits an overview of HB 2662A (EXHIBIT B).

080

Chair Prozanski

Closes public hearing on HB 2662A and calls the meeting to a recess.

084

Chair Prozanski

Reopens the meeting and opens a public hearing on SB 446.

SB 446 – PUBLIC HEARING

 

Anna Braun

Committee Administrator.  Submits the -8 amendments to SB 446 (EXHIBIT C).

095

Bruce Miller

Oregon Judicial Department. Discusses and submits written testimony in opposition to the -4 amendments to SB 446 (EXHIBIT D).

133

Chair Prozanski

Recesses the public hearing on SB 446 and opens a work session on HB 2662A.

HB 2662A – WORK SESSION

144

Sen. Burdick

MOTION:  Moves HB 2662A to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Beyer

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

SEN. PROZANSKI will lead discussion on the floor.

152

Chair Prozanski

Closes work session on HB 2662A and opens work session on SB 968.

SB 968 – WORK SESSION

155

Anna Braun

Committee Administrator.  Provides an overview of SB 968.  Introduces the -7 amendments to SB 968 (EXHIBIT E).

172

Chair Prozanski

Asks for clarification on the changes in the -7 amendments.   

174

Braun

Responds that there is no private right of action, but there is attorney general enforcement in the -7 amendments to SB 968.

178

Sen. Ringo

Comments that he is concerned about the limitations on what local governments can impose.  Discusses concerns with SB 968.  

185

Chair Prozanski

Discusses the reason for the preemption.  Asks Sen. Ringo if he will support the bill today.

194

Sen. Ringo

Comments that SB 968 needs tighter restrictions. Discusses concern with preemption laws.

204

Sen. Burdick

Asks how many local jurisdictions regulate preemption laws.

206

Braun

Comments that she does not know of any.

207

Chair Prozanski

Responds to Sen. Burdick.

217

Sen. Ringo

States the he would like to discuss SB 968 further with Chair Prozanski.  States that he would like to consider SB 968 next week.

224

Chair Prozanski

States that we can carry SB 968 to Thursday, June 2nd. Discusses SB 968.

233

Chair Prozanski

Closes work session on SB 968 and opens work session on SB 426.

SB 426 – WORK SESSION

237

Anna Braun

Committee Administrator.  Provides an overview of SB 426.  Introduces the -1 amendments to SB 426 (EXHIBIT F).

250

Sen. Burdick

MOTION:  Moves to ADOPT SB 426-1 amendments dated 3/11/05.

 

 

VOTE:  3-1-1

AYE:               3 - Burdick, Ringo, Prozanski

NAY:               1 - Whitsett

EXCUSED:     1 - Beyer

 

Chair Prozanski

The motion CARRIES.

260

Sen. Burdick

MOTION:  Moves SB 426 to the floor with a DO PASS AS AMENDED recommendation.

264

Sen. Burdick

States that she is concerned about the bill, but will support moving it out of committee.

273

Chair Prozanski

States that the proponents told him that 4 other states are using the same process in SB 426.

281

Sen. Whitsett

Comments on SB 426.  Discusses opposition to SB 426.  

294

Sen. Ringo

Comments on emails he received in support of SB 426.  States that he will support SB 426.

304

 

VOTE:  3-1-1

AYE:               3 - Burdick, Ringo, Prozanski

NAY:               1 - Whitsett

EXCUSED:     1 - Beyer

 

Chair Prozanski

The motion CARRIES.

SEN. RINGO will lead discussion on the floor.

310

Chair Prozanski

Closes work session on SB 426 and opens work session on SB 1057.

SB 1057 – WORK SESSION

313

Anna Braun

Committee Administrator.  Provides an overview of SB 1057.  Introduces the -6 amendments to SB 1057 (EXHIBIT G).

330

Sen. Burdick

MOTION:  Moves to ADOPT SB 1057-6 amendments dated 5/26/05.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Beyer

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

336

Sen. Burdick

MOTION:  Moves SB 1057 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Beyer

 

Chair Prozanski

Hearing no objection, declares the motion CARRIED.

SEN. PROZANSKI will lead discussion on the floor.

345

Chair Prozanski

Closes work session on SB 1057 and reopens the public hearing on SB 446.

SB 446 – PUBLIC HEARING

353

Jane Myers

Oregon Dental Association.  Testifies in support of SB 446 and the -4 amendments.

365

Chair Prozanski

States that they will also take Bruce Miller’s comments into consideration regarding the Judicial Department.

385

Richard Lane

Oregon Trial Lawyers Association.  Discusses and submits written testimony in opposition to SB 446 (EXHIBIT H).

TAPE 68, A

035

Sen. Whitsett

Asks Lane about the statistics regarding others states’ medical malpractice liability insurance.

037

Lane

Offers to return the information.

040

Lane

Continues testimony.

085

Sen. Whitsett

Asks if there have been studies regarding physicians leaving the practice of medicine and why potential students have not entered the practice.

093

Lane

Responds. States that he will provide a study from California entitled “And then there were none.” 

105

Sen. Whitsett

Discusses the concerns in his district regarding potential lawsuits and the high cost of medical malpractice liability insurance.

128

Lane

Remarks that there are two different concerns that Sen. Whitsett is speaking of. The first is regarding the high cost of insurance and the second is the risk of personal assets becoming jeopardized.

145

Sen. Whitsett

Asks Lane to clarify why he feels that personal assets of doctors would not be in jeopardy.

151

Lane

Comments that he does not know of any cases where doctors’ personal assets were seized to satisfy a judgment. 

157

Prozanski

States his understanding of Lane’s comments.

160

Lane

Responds.  Continues testimony.

200

Lane

Discusses the -8 amendments to SB 446.  Suggests components for a professional liability fund for doctors in Oregon.  

235

Lane

Continues testimony.

308

Chair Prozanski

Asks about the professional liability fund model.

325

Lane

Responds.  Discusses the -3 amendments to SB 446.

TAPE 67, B

015

Lane

Continues testimony.  Discusses the -6 amendments to SB 446. Discusses prescreening. 

095

Chair Prozanski

Asks if a panel would be able to have the physician who is certified as the expert come before the panel to answer questions.

100

Lane

Responds.

110

Chair Prozanski

Asks what is permissible for the panel regarding civil discovery.

114

Lane

Remarks that there should not be full discovery in civil litigation, but the language states that it would be an extraordinary circumstance.

125

Lane

Continues testimony.  Discusses the -4 amendments to SB 446.

160

Lane

Discusses the -5 and -7 amendments to SB 446. Concludes testimony.

180

Thomas Saddoris

Medical Doctor.  Discusses and submits written testimony regarding SB 446 (EXHIBIT I).

235

Saddoris

Reviews page two of EXHIBIT J.

297

Sen. Ringo

Thanks Dr. Saddoris for his testimony. States that he would like to explore the concept of the medical liability fund in more detail.

310

Chair Prozanski

Asks if witness has had the opportunity to do any research on the medical liability funds in other states.

315

Saddoris

Offers to return the information.

317

Chair Prozanski

Comments that the committee administrator has the information.

320

Mark Bocci

Attorney.  Discusses the work group for SB 446.  Testifies regarding SB 446.  States that $500,000 will not be enough to assist with the problem.

385

Bocci

Continues testimony.  States that a solution to the problem is a physician’s professional liability fund. 

TAPE 68, B

020

Bocci

Discusses lawsuits and costs involved. Discusses the -4 amendments to SB 446.

065

Chair Prozanski

Asks if Lane was present at the last hearing on SB 446. 

068

Lane

Answers, no.

070

Chair Prozanski

Discusses previous hearing on SB 446.  Discusses using workers’ compensation system as a model.  Mentions the -6 amendments.  Asks for comments.

080

Lane

Discusses using the workers’ compensation system as a model for a medical malpractice system.  States that it is not fiscally sound and not good public policy.

120

Lane

Comments on the -6 amendments.  

145

Saddoris

States that the current workers’ compensation system is a disaster.  States that insurance reform is needed in the area of workers compensation.

150

Chair Prozanski

Wonders about exemptions for government doctors working within government facilities.

158

Lane

Recommends that the committee decide.

172

Bruce Bishop

Oregon Association of Hospitals and Health System.  Corrects a comment that was made in previous testimony.  

185

Chair Prozanski

Responds.

The following material is submitted for the record without public testimony:

 

James T. Dorigan

Chief Executive Officer, Northwest Physicians Mutual Insurance Company.  Submits written testimony regarding SB 446 and the costs of a medical professional liability fund (EXHIBIT K).

 

James T. Dorigan

Submits written testimony regarding SB 446 (EXHIBIT L).

193

Chair Prozanski

Closes public hearing on SB 446.  States that the committee will meet next Thursday, 06/02/05.  Adjourns the meeting at 5:22 p.m. 

 

 

EXHIBIT SUMMARY

 

  1. HB 2662A, written testimony, Rep. Paul Holvey, 4 pp
  2. HB 2662A, overview, Sybil Hebb, 1 p
  3. SB 446, -8 amendments, staff, 15 pp
  4. SB 446, written testimony of Kingsley W. Click, Bruce Miller, 10 pp
  5. SB 968, -7 amendments, staff, 13 pp
  6. SB 426, -1 amendments, staff, 1 p
  7. SB 1057, -6 amendments, staff, 24 pp
  8. SB 446, written testimony, Richard Lane, 28 pp
  9. SB 446, written testimony, Thomas Saddoris, 2 pp
  10. SB 446, written testimony, Dave McTeague, 1 p
  11. SB 446, written testimony, James T. Dorigan, 9 pp
  12. SB 446, written testimony, James T. Dorigan, 8 pp