SENATE COMMITTEE ON RULES

 

 

August 02, 2005                                                                                                      Hearing Room B

4:45 P.M.                                                                                                                             Tape 188

 

MEMBERS PRESENT:         Sen. Kate Brown, Chair

Sen. Ted Ferrioli, Vice-Chair

Sen. Jason Atkinson

Sen. Frank Shields

 

MEMBER EXCUSED:          Sen. Charlie Ringo

 

STAFF PRESENT:                 Tiffany Harris, Committee Administrator

Katie Lowry, Committee Assistant

 

MEASURE/ISSUES HEARD:          

HB 2285A - Work Session

HB 2828A - 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 188, A

005

Chair Brown

Calls the meeting to order at 4:50 p.m. Announces that the committee will not move forward on HB 3108B. Announces that HB 3184B will be moved to a meeting tomorrow.  Opens a work session on HB 2285A.

HB 2285A - WORK SESSION

021

Tiffany Harris

Committee Administrator. Provides an overview of HB 2285A. Submits the -A7 amendments (EXHIBIT A). Submits the fiscal impact statement for HB 2285A (EXHIBIT B).

026

Susan Gravy

Administrative Law Section, Oregon State Bar. Testifies in support of HB 2285A. Discusses need for disclosure of evidence in licensing suspension cases. Explains protections for confidential information.

055

Damiana Merryweather

Oregon Psychological Association. Testifies in support of HB 2285A. Discusses amendments adopted in the House.

088

Nan Heim

Board of Medical Examiners. Discusses concerns with HB 2285A:

·         Recovery of costs of providing information

·         Investigators may have trouble assuring corroborative sources that information provided will be kept confidential.

Explains the statutorily-defined mission of the Board of Medical Examiners is to protect the public.

106

Chair Brown

Asks about money held in reserves to pay for cost recovery.

 

109

Heim

Responds there is a reserve of $2 million, but it is not designated for cost recovery.

113

Warren Foot

Assistant Attorney General; Counsel, Board of Medical Examiners and Board of Nursing. Notes the Department of Justice is neutral but testifies in opposition to HB 2285A on behalf of the clients. Explains due process protection now in place. Discusses chilling effect if Boards cannot guarantee anonymity. Explains possible shift from review of professional conduct to targeting of investigator methodology. Agrees cost recovery is important. Discusses cases settled before hearing.

152

Sen. Ferrioli

Believes the thrust of this is to find the exculpatory information. Wonders if the information can be made available without compromising confidentiality or protection of the public.

159

Foot

Responds the redaction provisions do protect identities of complainants, and the review is by professional peers with no interest in running licensees out of practice.  Explains the Department of Justice must see justice done in every case.

169

Sen. Ferrioli

States that every board has the same charge if they have investigative powers. Refers to anecdotes about cases where discovery is not provided.

184

Foot

Offers to investigate specific cases where complaints have been filed.

189

Heim

Believes the Board of Medical Examiners does provide exculpatory information.

191

Foot

Adds the Board of Medical Examiners releases exculpatory documents before hearings but cannot speak for other boards.

195

Sen. Ferrioli

Believes that the heart of the issue is the need for a reliable procedure.

198

Heim

Notes that it can be difficult to identify poor health-care practitioners, and this may make the situation worse. Discusses conflicting policies of fairness to licensees versus investigators’ concern that investigations will be more difficult.

216

Scott Gallant

Oregon Medical Association. States that this issue has arisen in previous sessions. Provides background information on the issue. Expresses belief that HB 2285A will not discourage complaints.

260

Vice-Chair Ferrioli

Closes the work session on HB 2285A.  Recesses the committee at
5:10 p.m.

**************************

RECESS         **************************

269

Chair Brown

Reconvenes the meeting at 5:11 p.m. Asks for testimony regarding the
-A7 amendments, which were drafted at the Governor’s request.

278

Gravy

Encourages committee to pass HB 2285A out in its current form. Explains in detail.

293

Chair Brown

Verifies that the bill applies to all licensing boards.  Expresses her greater concern that the smaller boards may not have reserves.  Explains the Governor’s staff reviewed the amendment.

302

Gravy

Explains concern raised by the amendments that other boards license professionals who earn less, and who may not be able to provide funds before hearing to cover cost recovery.

317

Gallant

Believes it would be best to accept the amendments.

325

Heim

Expresses support for the -A7 amendments.

329

Chair Brown

Asks if the boards will support the bill in the House.

332

Heim

States she will make that recommendation.

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

 

Lori Makinen

Board of Veterinary Examiners.  Submits written testimony
(EXHIBIT C).

339

Chair Brown

MOTION:  Moves to ADOPT HB 2285-A7 amendments dated 8/2/05.

341

Chair Brown

VOTE:  3-1-1

AYE:               3 - Ferrioli, Shields, Brown

NAY:               1 - Atkinson

EXCUSED:     1 - Ringo

 

Chair Brown

The motion CARRIES.

343

Chair Brown

MOTION:  Moves HB 2285A to the floor with a DO PASS AS AMENDED recommendation.

345

Chair Brown

VOTE:  4-0-1

AYE:               4 - Atkinson, Ferrioli, Shields, Brown

EXCUSED:     1 – Ringo

 

Chair Brown

The motion CARRIES. SEN. BROWN will lead discussion on the floor.

352

Chair Brown

Closes work session on HB 2285A.  Opens work session on HB 2828A.

HB 2828A – WORK SESSION

360

 

Marjorie Taylor

Committee Services. Explains there is a conflict with the –A10 amendment, and Legislative Counsel is preparing the
–A11 amendments.

377

Sen. Atkinson

Asks about the conflict.

378

Chair Brown

Explains the conflict is with SB 548, which may be going to conference committee, so the conflict amendments may not be needed.

393

Sen. Shields

Asks whether HB 2828A expands the death penalty.

394

Chair Brown

Replies it does not. Presents overview of the -A10 amendments (EXHIBIT D). Discusses new crime of aggravated vehicular homicide.

422

Chair Brown

Recesses the meeting at 5:20 p.m.

**************************

RECESS         **************************

423

Chair Brown

Reconvenes the meeting at 5:31 p.m.

425

Chair Brown

MOTION:  Moves to ADOPT HB 2828-A10 amendments dated 8/2/05.

427

 

VOTE:  3-0-2

EXCUSED:  2 - Ringo, Ferrioli

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

 

429

Chair Brown

MOTION:  Moves HB 2828A to the floor with a DO PASS AS AMENDED recommendation.

431

 

VOTE:  3-0-2

EXCUSED:  2 - Ringo, Ferrioli

 

Chair Brown

Hearing no objection, declares the motion CARRIED.