SENATE COMMITTEE ON HUMAN SERVICES

 

 

March 22, 2005                                                                                                       Hearing Room B

3:00 P.M.                                                                                                                     Tapes  39 - 40

 

MEMBERS PRESENT:         Sen. Bill Morrisette, Chair

Sen. Jeff Kruse, Vice-Chair

Sen. Laurie Monnes Anderson

Sen. Charles Starr

 

MEMBER EXCUSED:          Sen. Rick Metsger

 

STAFF PRESENT:                 Rick Berkobien, Committee Administrator

Dawn Tuso, Committee Assistant

 

MEASURES/ISSUES HEARD:

SB 598 - Public Hearing

SB 666 – Public Hearing

SB 403 – Public Hearing and Work Session

SB 609 – Public Hearing

SB 885 - 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 39, A

005

Chair Morrisette

Calls meeting to order at 3:09 p.m. and opens a public hearing on SB 598.

SB 598 – PUBLIC HEARING

006

Rick Berkobien

Committee Administrator. Gives overview of SB 598. Mentions the -1 amendments (EXHIBIT A).

025

Sen. Ben Westlund

Represents Senate District 27. Testifies in support of SB 598.

041

Jim Gardner

Pharmaceutical Research and Manufacturers of America (PhRMA). Testifies in support of SB 598. Submits written testimony (EXHIBIT B).

065

Chair Morrisette

Asks if he will work with the Oregon prescription bulk purchasing program to fill the gaps between the two programs to make sure that everyone in Oregon is covered.

068

Gardner

Responds.

080

Sen. Westlund

Talks about the logistics of distribution.

091

Sen. Monnes Anderson

Discusses issue with SB 598.

107

Gardner

Responds to Sen. Monnes Anderson’s concern regarding funding.

126

Sen. Monnes Anderson

Says, “it is very difficult for me to want to  support something to make your business better because I think your programs are fantastic.” Says that she can see the collaboration as long as it doesn’t cost any money.

135

Sen. Westlund

Responds to Sen. Monnes Anderson’s comment.

155

Sen. Kruse

Wonders where the profit would be. Says they are reduced priced programs, some of which are free.

180

Scott Gallant

Oregon Medical Association. Testifies in support of SB 598.

218

Tom Holt

Oregon State Pharmacy Association. Testifies in support of SB 598.

244

Sen. Monnes Anderson

Asks if someone tried to coordinate money and if pharmaceutical companies were approached.

248

Holt

Explains.

260

Chair Morrisette

Asks what role pharmacists would play.

263

Holt

Replies.

269

Chair Morrisette

Asks what role the pharmacists will play in promoting the program.

270

Holt

Explains.

275

Chair Morrisette

Asks if Holt would recommend volunteering the time of pharmacists.

280

Holt

Responds.

295

Sen. Alan Bates

Represents Senate District 3. Testifies in support of SB 598.

327

Sen. Kruse

Asks about the -1 amendments.

332

Sen. Bates

Responds.

348

Chair Morrisette

Closes public hearing  on SB 598 and opens public hearing on SB 666.

SB 666 – PUBLIC HEARING

352

Sen. Alan Bates

Represents Senate District 3. Testifies in support of SB 666. Mentions amendments that are being drafted currently.

408

Sen. Monnes Anderson

Asks for clarification regarding the agreement between the physician and pharmacist.

410

Sen. Bates

Explains.

TAPE 40, A

001

Sen. Monnes Anderson

Talks about instance where medication was changed without the notification of the client. Asks if the pharmacist is liable for any side effects or adverse reactions caused by the substituted medication.

011

Sen. Bates

Says that the amendments address those concerns.

038

Chair Morrisette

Closes public hearing on SB 666 and opens public hearing on SB 598.

SB 598 – PUBLIC HEARING

044

Chris Otis

Cystic Fibrosis Foundation. Testifies in support of SB 598. Submits written testimony (EXHIBIT C).

110

Angela Kimball

Association of Oregon Community Mental Health Programs. Testifies in support of SB 598.

125

Chair Morrisette

Closes public hearing on SB 598 and opens public hearing on SB 666.

SB 666 – PUBLIC HEARING

130

Tom Holt

Oregon State Pharmacy Association. Testifies in support of SB 666.

173

Sen. Kruse

Asks about the issue of liability.

183

Holt

Responds.

190

Sen. Kruse

Asks if there is a liability issue currently.

193

Holt

Explains.

203

Sen. Kruse

Asks follow-up question.

210

Holt

Responds.

219

Sen. Monnes Anderson

Asks if it will be focused on certain classes of drugs.

226

Holt

Explains that the amendments will include categories where therapeutic interchanges would not be allowed.

231

Scott Gallant

Oregon Medical Association. Testifies on SB 666. Talks about amendments to SB 666.

315

Jim Gardner

Pharmaceutical Research and Manufacturers of America (PhRMA). Testifies in opposition to SB 666. Submits written testimony (EXHIBIT D).

TAPE 39, B

001

Gardner

Continues testimony in opposition to SB 666.

010

Chair Morrisette

Closes public hearing on SB 666 and opens public hearing on SB 403.

SB 403 – PUBLIC HEARING

015

Rick Berkobien

Committee Administrator. Gives overview of SB 403. Talks about the  -1 amendments (EXHIBIT E) and the -2 amendments (EXHIBIT F).

030

Sen. Ted Ferrioli

Represents Senate District 30. Testifies in support of SB 403.

044

Chair Morrisette

Asks Sen. Ferrioli how he feels about the amendments.

048

Sen. Ferrioli

Replies that he does not have any objection to including other practitioners. 

051

Chair Morrisette

Mentions another bill that addresses a similar issue.

053

Sen. Ferrioli

Responds.

062

Ed  Patterson

Oregon Rural Health Association. Testifies in support of SB 403. Submits written testimony (EXHIBIT G).

115

Scott Gallant

Oregon Medical Association. Testifies in support of SB 403. Submits written testimony (EXHIBIT H).

174

Sen. Monnes Anderson

Asks Patterson question regarding the -2 amendments.

185

Patterson

Replies that the language mentioned is fairly common.

197

Chair Morrisette

Asks Karen Whitaker to testify on SB 403.

200

Karen Whitaker

Director, State Office of Rural Health. Testifies in support of SB 403.

236

Chair Morrisette

Asks if there has been a general study of the need.

242

Whitaker

Replies that there has not been a comprehensive study done.

258

Sen. Monnes Anderson

Asks if there are tax credits in existence currently.

260

Whitaker

Replies yes.

261

Sen. Monnes Anderson

Asks what the tax credit is currently.

263

Whitaker

Explains that the tax credit is $5,000.

267

Sen. Monnes Anderson

Clarifies that SB 403 would raise the tax credit to $10,000.

268

Whitaker

Replies yes.

270

Sen. Monnes Anderson

Asks if psychologists have ever been eligible for a tax credit in rural Oregon.

272

Whitaker

Replies no.

283

Sen. Monnes Anderson

Asks if pharmacists were mentioned.

284

Whitaker

Replies no.

291

Damiana Merryweather

Oregon Physiological Association. Testifies on SB 403. Supports the -2 amendments. Submits written testimony (EXHIBIT I).

354

Sen. Monnes Anderson

Asks Merryweather if she has a map that shows how many psychologists are located in rural Oregon.

358

Merryweather

Replies that she does not have the information available today but that she could provide the information to the committee.

376

Chair Morrisette

Mentions Rep. Butler’s concern regarding SB 403.

379

Merryweather

Responds.

394

Tom Holt

Oregon State Pharmacy Association. Testifies on SB 403. Supports the -1 amendments.

TAPE 40, B

001

Holt

Continues testimony on SB 403.

028

Chair Morrisette

Closes public hearing. Committee stands at ease. Calls committee back to order and opens a work session on SB 403.

SB 403 – WORK SESSION

034

Sen. Kruse

MOTION:  Moves to ADOPT SB 403-1 amendments dated 3/8/05.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Sen. Metsger, Sen. C. Starr

 

Chair Morrisette

Hearing no objection, declares the motion CARRIED.

036

Sen. Kruse

MOTION:  Moves to ADOPT SB 403-2 amendments dated 3/11/05.

039

Sen. Monnes Anderson

Expresses concern regarding tax credits. Says she is comfortable voting for SB 403 because it has a subsequent referral to Revenue.

043

Chair Morrisette

Expresses the importance of moving SB 403 on to Revenue because two rural Oregon legislators support SB 403.

045

 

VOTE:  3-0-2

EXCUSED:  2 - Sen. Metsger, Sen. C. Starr

 

Chair Morrisette

Hearing no objection, declares the motion CARRIED.

047

Sen. Kruse

MOTION:  Moves SB 403 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Revenue.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Sen. Metsger, Sen. C. Starr

 

Chair Morrisette

Hearing no objection, declares the motion CARRIED.

058

Chair Morrisette

Closes work session and opens public hearing on SB 609.

SB 609 – PUBLIC HEARING

069

Rick Berkobien

Committee Administrator. Gives overview of SB 609.

077

Sen. Kruse

Represents Senate District 1. Testifies on SB 609.

110

Gordon Fultz

Association of Oregon Counties. Testifies on SB 609. Expresses concerns with SB 609.

132

Chair Morrisette

Closes public hearing on SB 609 and opens public hearing on SB 885.

SB 885 – PUBLIC HEARING

140

Roy Scheer

Legislative Assistant, Sen. Ringo’s Office. Testifies in support of SB 885. Submits written testimony (EXHIBIT J).

198

Monte Burk

Department of Human Services. Testifies in opposition to SB 885. Submits written testimony (EXHIBIT K).

234

Chair Morrisette

Comments on testimony. Talks about contacting Oregon’s congressional delegation to try to make adjustments in the federal law. Discusses another option to deal with the issue.

253

Scheer

Offers to testify again after hearing back from Legislative Counsel.

256

Chair Morrisette

Says we are still going to pursue it on the federal level.

263

Chair Morrisette

Closes public hearing on SB 885 and adjourns meeting at 4:55 p.m.

 

 

EXHIBIT SUMMARY

 

A.     SB 598, - 1 amendments, staff, 1 p

B.     SB 598, written testimony, Jim Gardner, 1 p

C.     SB 598, written testimony, Chris Otis, 1 p

D.    SB 666, written testimony, Jim Gardner, 1 p

E.     SB 403, - 1 amendments, staff, 2 pp

F.      SB 403, - 2 amendments, staff, 2 pp

G.    SB 403, written testimony, Ed Patterson, 7 pp

H.    SB 403, written testimony, Scott Gallant, 1 p

I.       SB 403, written testimony, Damiana Merryweather, 2 pp

J.      SB 885, written testimony, Roy Scheer, 2 pp

K.    SB 885, written testimony, Monte Burk, 2 pp