ARIZONA STATE SENATE

45TH LEGISLATURE

SECOND REGULAR SESSION

 

MINUTES OF COMMITTEE ON

HEALTH

 

DATE:

February 5, 2002

TIME:   1:30 p.m.

ROOM: SHR 2

 

 

CHAIRMAN:

Senator Gerard

VICE CHAIRMAN:

Senator Guenther

 

 

 

ANALYST:

Jason Bezozo

COMMITTEE

SECRETARY: 

 

Carol Dager

 

 

 

INTERN:

Amber Diaz                           ASSISTANT

                                              ANALYST:                 Tracey Landers

 

 

 

ATTENDANCE

BILLS

 

 

Committee Members

Pr
Ab
Ex
Bill Number
Disposition

Senator Cirillo

X

 

 

HB 2043

DPA

Senator Hartley

X

 

 

SB 1144

DP

Senator Hellon

X

 

 

SB 1147

DP

Senator Solomon

X

 

 

SB 1149

DP

Senator Verkamp

X

 

 

SB 1151

DP

Senator Yrun

X

 

 

SB 1152

DPA

Senator Guenther , Vice Chairman

X

 

 

SB 1155

DISCUSSION/HELD

Senator Gerard, Chairman

X

 

 

SB 1156

DPA

 

 

 

 

SB 1157

DP

 

 

 

 

SB 1191

HELD

 

 

 

 

SB 1192

DPA

 

 

 

 

SB 1209

DPA

 

 

GOVERNOR’S APPOINTMENTS

 

Name
Position
Recommendation

Jennie Rebecca Jordan

Member, Allopathic Board of Medical Examiners

CONFIRMATION

Linda K. McCoy

Member, State Board of Pharmacy

CONFIRMATION

 

 

 

 

 

 

Chairman Gerard called the meeting to order at 1:40 p.m., and attendance was noted. Attendees Sign-In Sheet (Attachment A).

 

APPROVAL OF MINUTES

 

Senator Cirillo moved the minutes of January 29, 2002 be approved.  Without objection, the minutes were approved as distributed.

 

EXECUTIVE NOMINATIONS

 

Linda K. McCoy, Member, State Board of Pharmacy – RECOMMEND CONFIRMATION

 

Ms. McCoy commented that since moving to Arizona in 1979, she has been involved in the State's professional pharmacy organizations and served on a number of Board of Pharmacy taskforces.  She indicated that she has always been interested in contributing to the profession and doing whatever she can to improve the quality of services.  During the past three years, she said that she has focused her efforts in the area of patient safety.  She pointed out that nationally the safety of the health system is being challenged. New technologies and improvements in the current system will be necessary to enhance the delivery of healthcare.  As a result, she said that she feels the regulatory boards must be in a position to evaluate and respond to the new system proposals.  She stressed that she feels she is qualified to provide a perspective on innovation and new technology that will emphasize a commitment to the safety of patients.   

           

Senator Guenther moved the Committee on Health recommend to the full

Senate the CONFIRMATION of Linda K. McCoy as a Member of the State

Board of Pharmacy.  The motion CARRIED by a roll call vote of 8-0-0

(Attachment 1).

 

 

CONSIDERATION OF BILLS

 

HB 2043 –  BOMEX; continuation – DO PASS AMENDED

 

Amber Diaz, Senate Health Committee Intern, explained HB 2043 continues the Allopathic Board of Medical Examiners (BOMEX) for ten years.  She also described the 18-line Gerard amendment dated 02/04/02 at 12:51 p.m.

 

Senator Guenther announced the following individuals were present in support of the bill: David Landrith, Vice President, Policy and Political Affairs, Arizona Medical Association; J. Michael Low, Attorney, Mutual Insurance Company of Arizona, (MICA) (Malpractice Insurers); and Dominick Spatafora, Board of Medical Examiners (BOMEX).

 

Senator Guenther moved HB 2043 be returned with a DO PASS recommendation.

 

Senator Guenther moved the Gerard 18-line amendment dated 02/04/02,
12:51 p.m. be ADOPTED (Attachment B).  The motion CARRIED by voice vote.

 

Senator Guenther moved HB 2043 be returned with an AS AMENDED, DO PASS recommendation.  The motion CARRIED with a roll call vote of 8-0-0 (Attachment 2).

 

 

SB 1144 – tobacco tax allocation; organ transplants – DO PASS

 

Ms. Diaz explained SB 1144 restores the annual allocation of medically needy account monies to the Department of Health Services (DHS) for the nonrenal organ transplant medications program to $200,000 from $70,000.

 

Norman Miller, Legislative Counsel, University Medical Center, noted that the University Medical Center has the statewide contract for the distribution of this transplant medication for post-transplant patients.  He emphasized that without this medication, the patient's body would reject the transplanted organ; therefore, the medication is absolutely essential.

 

Senator Guenther noted the following individuals were present in support of the bill: Judy Bernas, Government Relations, Arizona Health Sciences Center; and Charlie Thomas, Social Worker, Samaritan Transplant Services.

 

Senator Guenther moved SB 1144 be returned with a DO PASS recommendation.

The motion CARRIED with a roll call vote of 8-0-0 (Attachment 3).

 

 

SB 1209 – AHCCCS; healthcare group – DO PASS AMENDED

 

Jason Bezozo, Senate Assistant Research Director, explained SB 1209 redefines Healthcare Group as a program within the Arizona Health Care Cost Containment System (AHCCCS) and makes some programmatic changes relating to premium adjustments and eligibility.  He also noted the two-line Gerard amendment dated 02/04/02 at 1:50 p.m.

 

Senator Cirillo indicated that this is the first bill that came out of the taskforce he was cochairing on the status of the healthcare system.  He pointed out that there is no cost associated with this bill.

 

Kathy Boyle, Arizona Pharmacy Association, asked for a clarification on a portion of the bill, page five, lines 23 through 27.  She noted that her association is currently insured through the Healthcare Group.  She stated that she is concerned with how many times a year there will be a review of the premium schedule and how many adjustments are foreseen within a year. 

 

Branch McNeal, Deputy Director, AHCCCS, replied that typically the review of premiums occurs once a year; however, if funding is tight or the participating health plans are experiencing significant losses, the reviews would be done more frequently. 

 

Senator Verkamp noted that many of the people in the rural areas are not aware of Healthcare Group.  One of the reasons insurance agents do not tell people about it is because they do not receive a commission if they refer someone to this program.  He suggested that more outreach efforts should be done in the rural areas.  He wondered how to get the provider networks to cover this plan.  He indicated that there is something wrong when the low-income people in Arizona have better insurance than small business people, state employees, or state retirees.  Mr. McNeal replied that there are two health plans currently participating in Healthcare Group.  He explained that two counties do not have coverage.

 

Senator Verkamp pointed out that there is a tremendous AHCCCS network for low-income people in Arizona.  However, some state employees and small business people pay more for their health insurance programs then their house payment.  He suggested this is an unacceptable situation with some people filing bankruptcy.  He noted that the Legislature has been working on this issue for 20 years and stressed that they should implement the laws that are on the books.  He indicated that people would pay the premium if the network providers were in place.  Senator Verkamp expressed his concern about the length of time it has taken the Legislature to implement laws that would help small employers, state employees, and state retirees.

 

Senator Guenther announced the following individuals were present in support of the bill: David Landrith, Vice President, Policy and Political Affairs, Arizona Medical Association; Norm Botsford, Executive Director and Chief Executive Officer (CEO), University Physicians, Incorporated; Donald Vance, Lobbyist, American Association of Retired Persons (AARP) ; Raeann Brittain, Director, Administrative Services, Mercy Care; Ed Wren, Legislative Liaison, University Physicians Incorporated.

 

Senator Guenther announced the following individuals were present but neutral on the bill: Steve Schramm, Principal, Mercer, Inc.; and Leigh Cheatham, Executive Director, Healthcare Group.

 

Senator Cirillo moved SB 1209 be returned with a DO PASS recommendation.

 

Senator Cirillo moved the Gerard two-line amendment dated 02/04/02,
1:50 p.m. be ADOPTED (Attachment C).  The motion CARRIED by voice vote.

 

Senator Cirillo moved SB 1209 be returned with an AS AMENDED, DO PASS recommendation.  The motion CARRIED with a roll call vote of 8-0-0

(Attachment 4).

 

 

SB 1147 – dialysis technicians – DO PASS

 

Ms. Diaz explained SB 1147 requires hemodialysis treatment facilities to use certified hemodialysis technicians.

 

Dale Ester, representing himself, noted that he has been a dialysis patient in the past but recently had a kidney transplant.  He testified that he has visited with many patients who have had problems in the dialysis centers.  He pointed out that many of the dialysis technicians have received their training at the dialysis center where they work and that training is not shared with other dialysis facilities unless they belong to the same organization providing the dialysis procedure training.  There are patients who travel throughout the state whose treatment can be extremely different at each center.  The centers originally used nurses to provide the treatment with technicians doing 5% to 10% of the work.  Currently, 90% of the treatments are being performed by technicians.  The dilemma is that there is not a standardized minimum level of training to ensure that these technicians are accurately performing their duties.   He emphasized that he wants to improve the level of training to ensure that the dialysis patients in Arizona can be assured that the quality of their treatment will be the same at each center. 

 

Senator Guenther announced the following individuals were present in support of the bill: David Landrith, Vice President, Policy and Political Affairs, Arizona Medical Association; Philip Carll, Patient Services Director, Arizona Kidney Foundation; and Charlie Thomas, Social Worker, Arizona Kidney Foundation.

 

Senator Guenther moved SB 1147 be returned with a DO PASS recommendation.

The motion CARRIED with a roll call vote of 8-0-0 (Attachment 5).

 

 

SB 1149 – state hospital; capacity; allocation formula – DO PASS

 

Mr. Bezozo explained SB 1149 transfers the responsibility of establishing civil and forensic census bed capacities at the Arizona State Hospital (ASH) from the Legislature to DHS.

 

Senator Guenther announced the following individual was present in support of the bill: Sherri Walton, Parent Advocate, Public Policy Chair, Mental Health Association.

 

Senator Guenther moved SB 1149 be returned with a DO PASS recommendation.

The motion CARRIED with a roll call vote of 7-0-1 (Attachment 6).

 

 

SB 1151 – ambulance services; response time; compliance – DO PASS

 

Ms. Diaz explained SB 1151 requires the director of DHS to consider hospital diversions and delays when evaluating ambulance response times.

 

Roy Ryals, Director of Emergency Medical Services and President of Arizona Ambulance Association, provided some statistics regarding the hospital diversions that occurred on the evening of February 4, 2001. He mentioned that DHS regulates response times of ambulance providers throughout the state.  There are a few things contained in the rules and regulations that the director may take into account when analyzing response time; however, impact of hospital diversion and delayed turnaround times are not part of the rules.  This bill will give the director the authority to take that factor into consideration anytime they are doing an evaluation of response times of an ambulance provider.  DHS has the authority to sanction ambulance providers for not meeting response times and that sanction can be financial, through letters of reprimand, or through revocation of the certificate of necessity. 

 

Senator Guenther announced the following individuals were present in support of the bill: Elaine Arena, Arizona Ambulance Association; Norman Miller, Legislative Counsel, Arizona Fire District Association; and Jim Skelly, Arizona Ambulance Association.

 

Senator Guenther moved SB 1151 be returned with a DO PASS recommendation.

The motion CARRIED with a roll call vote of 7-0-1 (Attachment 7).

 

 

SB 1152 – health care; confidential information – DO PASS AMENDED

 

Tracey Landers, Senate Health Committee Assistant Research Analyst, explained SB 1152 allows certain divisions in DHS and the Department of Economic Security (DES) to share certain confidential information with law enforcement agencies.  She also explained the six-line Gerard amendment dated 02/04/02 at 2:42 p.m.

 

Rory Hays, representing Maricopa County, pointed out that the Medical Examiner's Office noticed this bill and it occurred to them that it would be valuable to have access to this information.

 

Eleanor Eisenberg, Executive Director, Arizona Civil Liberties Union (ACLU), suggested that their concerns with the bill do not reflect the laudable goals to protect a vulnerable population.  However, they are concerned that it would set a bad precedent.  She stressed that it is always in the name of a worthy cause, national security, or some crisis that people are asked to give up their civil liberties or waive the protection of the Constitution.  This bill will allow law enforcement to gain access to confidential medical information without a court order, subpoena or warrant.  She stated that she feels this bill is unnecessary and noted that there are three interests that are in conflict with each other:  1) to ensure law enforcement does not exceed or abuse its authority; 2) to ensure a vulnerable population be kept safe; and 3) to ensure law enforcement is subject to judicial scrutiny.  She suggested that there is an easy correction to the bill:  On page one, line 18, move "or law enforcement agency" to proceed the words "pursuant to a court order" so that the law enforcement agency along with an officer of the court would still be required to have a court order to access these documents.  There already are exigent circumstances in which law enforcement can go to a judge and get a court order quickly if they believe someone is in extreme danger.  Ms. Eisenberg explained that the change would preserve the intent of protecting a vulnerable population while also preserving the United States Constitution and the Arizona Constitution. 

 

Senator Gerard suggested that if that language is inserted into the bill, there would be no reason for the bill because law enforcement currently can get a court order.  Ms. Eisenberg suggested another amendment on page two which pertains to the confidentiality of material once law enforcement does have it.  She indicated that is a concept they would support.

 

Senator Gerard explained that one of the issues raised in the Long-Term Care Task Force was if someone is injured, abused, or neglected, various agencies, such as DHS, Child Protective Service (CPS), the County Attorney, the Attorney General, local police, and AHCCCS, must conduct investigations.  It appears to be a waste of resources when each of these entities has to collect the information one at a time because they are unable to share the information.  

 

Senator Yrun referred to the existing statute, page one, section 1B, which states: "The department may release information listed under subsection A to an officer of the court pursuant to a court order and to a department or agency of this state."  She indicated that she was still unclear relative to the example given by Senator Gerard how adding law enforcement would change that.

 

Michael Haener, Director of Legislative Affairs, Office of the Attorney General (AG), responded that the AG's office has a taskforce that includes law enforcement personnel.  Each time the taskforce members want to discuss a specific case, the law enforcement personnel must leave the room because the information is confidential.  The idea is to be able to discuss information in an open manner with everyone present, then law enforcement would be able to determine if they need to do a criminal investigation. 

 

Senator Yrun suggested that any individual who is responsible for the care of a vulnerable person and has any reasonable cause to believe that person has been injured or abused, has the authority and duty to report it to law enforcement.   Mr. Haener replied that he believes the caretaker needs to report it to Adult Protective Services (APS), not necessarily to law enforcement. 

 

Ms. Eisenberg suggested that law enforcement obtaining a court order should take precedence over the convenience of allowing law enforcement to sit in a room together.  She said that she also objects to removing the prohibition under state law before this can happen.  She referred to page two, section 8A and questioned what "a person" means.  The sentence begins by discussing a law enforcement agency and then switches to "a person shall maintain information."  She asked if that is intended to mean the agency is suppose to maintain confidentiality and are limited to the use of that information.   Mr. Haener responded that it is his understanding the reason that statement was put in the bill is to ensure that no member of a law enforcement agency has an opportunity to disclose that confidential information on their own.  The only way they can release information is through the rules of criminal procedure that are later in the section. 

 

Senator Solomon questioned how these types of cases are handled through CPS.  Mr. Haener answered that it is his understanding that at CPS this situation has been addressed and law enforcement can obtain certain confidential records without a court order.  He added that other agencies are able to share this information with law enforcement.   He pointed out that the AG's office reviewed the agencies and found three agencies such as the Board of Nursing, the Division of Developmental Disabilities (DDD) in DES and the Division of Assurance and Licensure Services (ALS) in DHS, that cannot release certain confidential investigative information to law enforcement agencies.

 

Ms. Eisenberg suggested there is a reason law enforcement is treated differently, because they have the ability to start the process that results in the loss of liberty.  This bill would also violate the Constitution where it says people have the right to be safe from unreasonable searches and seizures. 

 

Senator Gerard asked if Ms. Eisenberg was concerned about the confidentiality of the information in order to protect the vulnerable adult who was injured or the person who injured them.  Ms. Eisenberg replied that she is concerned about allowing law enforcement to exceed and abuse its authority and the Constitutional protection that everyone has against unreasonable searches and seizures.   She indicated that the ACLU's interest is maintaining the constraints on government.

 

Senator Yrun questioned if DHS had the authority to report to the police when there is an abuse situation.  Mr. Haener replied that DHS can call the police but cannot provide any information that the police will eventually need because the information is confidential.  Senator Yrun suggested the problem with the bill is that it short-circuits the normal investigative and review process in order to begin criminal proceedings.  Senator Gerard indicated that is the problem because it is important to know what the responsibilities of the agencies are, because each agency has different priorities and responsibilities.   Oftentimes, after the agencies have investigated the incident, it is a difficult case for law enforcement to prosecute.  Senator Yrun pointed out that the investigations can occur simultaneously.   DHS can notify law enforcement upon an suspicion and allow them to investigate. 

 

Ms. Eisenberg explained that there are many circumstances that would allow law enforcement to move very expeditiously if someone is at great risk. 

 

Senator Guenther read a comment written by Sherri Walton, Parent Advocate, Public Policy Chair, Mental Health Association, who was present in opposition to the bill:  "The Mental Health Association opposes any change in the ability of individuals to keep his/her confidential medical information confidential.  The decision to release confidential medical information without the individual's knowledge should be left up to the discretion of a judge who will review each case for its unique situation."

 

Senator Guenther noted the following individual was present in support of the bill: Jerry Landau, Maricopa County Attorney's Office.

 

Senator Guenther moved SB 1152 be returned with a DO PASS recommendation.

 

Senator Guenther moved the Gerard six-line amendment dated 02/04/02,
2:42 p.m. be ADOPTED (Attachment D).  The motion CARRIED by voice vote.

 

Senator Guenther moved SB 1152 be returned with an AS AMENDED, DO PASS recommendation.  The motion CARRIED with a roll call vote of 6-2-0 (Attachment 8).

 

 

EXECUTIVE NOMINATIONS

 

Jennie Rebecca Jordan, Member, Allopathic Board of Medical Examiners – RECOMMEND CONFIRMATION

 

Senator Guenther moved the Committee on Health recommend to the full

Senate the CONFIRMATION of Jennie Rebecca Jordan as a Member of the

Allopathic Board of Medical Examiners.  The motion CARRIED by a roll call

vote of 7-0-1 (Attachment 9).

 

 

CONSIDERATION OF BILLS

 

SB 1155 – pregnancy associated mortality review committee – DISCUSSION/HELD

 

Ms. Landers explained SB 1155 establishes the Pregnancy Associated Mortality Review Committee (Committee) to review cases of women who died while pregnant or within one year of ending a pregnancy and to educate the public on ways to reduce pregnancy-related fatalities.  She also explained the 15-line Gerard amendment dated 02/04/02 at 3:18 p.m., as well as a verbal amendment. 

 

Justin Steltenpohl, Defenders of Choice, testified that as a policy matter, they have no problem with the bill.  However, there are some minor technical changes to make in order to clarify the intent of the bill.  He pointed out that he has a floor amendment available and if that occurs he would be able to support the bill. 

 

Senator Cirillo asked if his concern is that some of the women may have died as a result of an abortion and that information should not be released.  Mr. Steltenpohl replied their concern is that the phrase "who ended a pregnancy within 365 days" could be interpreted as including only abortions.  He suggested that is not an appropriate statement, it should read "any pregnancy that has ended."

 

Dr. Peggy Stemmler, Arizona Medical Association, March of Dimes, Arizona Hospital and Healthcare Association, Indian Health Service, Public Health Association, and the Arizona Perinatal Trust, explained that all these organizations have been working together for this bill.  She indicated that this bill arose because of a concern about the number of women who died during pregnancy or within one year after giving birth.  The bill is to act in the same manner as the Child Fatality Review Task Force to identify reasons that the women may have died and if there is something that can be done to prevent deaths. 

 

Dr. Stemmler noted that she does anticipate that there will be federal funds available because of the high interest level. 

 

Senator Gerard stated that there is a problem with some of the language in the bill and announced that she would hold the bill and allow staff to work on amendments. 

 

Senator Guenther announced the following individuals were present in support of the bill: David Landrith, Vice President, Policy and Political Affairs, Arizona Medical Association; Elsie Eyer, Executive Director, Arizona Public Health Association; Dr. Glenn Waterkotte, Physician;  Steve Barclay, March of Dimes; and Laurie Lange, VP, Public Affairs, Arizona Hospital and Healthcare Association.

 

 

Senator Gerard stated that SB 1191 would be held. 

 

SB 1191 – health boards; investigations; information – HELD

 

 

SB 1156 – behavioral health; board; definitions – DO PASS AMENDED

 

Ms. Landers explained SB 1156 clarifies the use of psychotherapy is within the scope of practice for all certified behavioral health examiners.  There also is a four-line Gerard amendment dated 02/04/02 at 10:34 a.m.

 

Debra Rinaudo, Executive Director, Board of Behavioral Health Examiners, mentioned that the Board certifies 6,000 counselors in four disciplines in Arizona.  The Board's statute defines psychotherapy to be the same as counseling.  Virtually every service that the certified specialists provide fall within the definition of psychotherapy.  The Board has never had a complaint from a member of the public.  The Board's certified professionals provide the vast majority of psychotherapy offered in the state.  A problem arose last year when another regulatory board began sending cease and desist letters to the certified professionals with regard to the use of the term psychotherapy.  This is simply a conflict between their statute and this Board's statute.  SB 1156 clarifies that the Board's certified professionals can use the term psychotherapy and psychotherapist.  

 

Senator Guenther noted the following individuals were present in support of the bill: Sherri Walton, Parent Advocate, Public Policy Chair, Mental Health Association; Tim Hofmann, Chair, Arizona Behavioral Health Professionals Coalition; Kenneth Lucas, President, ABCAC; Patricia Kerstner, Campus College Chair, University of Phoenix; James Roth, ABCAC; Dan Wright, Arizona Association of Marriage/Family Therapy; Carol Stambaugh, Executive Director, National Association of Social Workers, Arizona Chapter; and Dr. Ericha Scott, Core Faculty, Prescott College, Masters of Arts.

 

 

Senator Guenther moved SB 1156 be returned with a DO PASS recommendation.

 

Senator Guenther moved the Gerard four-line amendment dated 02/04/02,
10:34 a.m. be ADOPTED (Attachment E).  The motion CARRIED by voice vote.

 

Senator Guenther moved SB 1156 be returned with an AS AMENDED, DO PASS recommendation.  The motion CARRIED with a roll call vote of 7-1-0 (Attachment 10).

 

 

SB 1157 – sex education; sexually transmitted infections – DO PASS

 

Ms. Landers explained SB 1157 requires school districts with sex education curricula to provide instruction that is medically accurate based on information from the Centers for Disease Control and Prevention (CDC).

 

Amy Ordorica, representing herself, testified that she is a parent of one gay and one nongay child.  She said that she feels it is important to provide accurate information to children regardless of their age about all sexually transmitted diseases.  She pointed out that because information on sexually transmitted diseases changes quickly, it is important to ensure all school districts are using the same information.  The best place to obtain the most current information is from the CDC.  She indicated that she is not promoting teaching homosexuality, however, it is a fact of life.  Although teaching abstinence is the best method of controlling spreading diseases, it is not realistic.  All risks associated with sexual activity should be taught.  To include homosexuality in the discussions could help dispel some of the myths associated with it. 

 

Eleanor Eisenberg, Executive Director, ACLU, commented that the ACLU supports the bill for the most part but questions the parental opt out.  There are some areas where they would support a parental opt out.  However, because the government has an inherent power, authority, and obligation to protect the common welfare and health of the population, an opt out in this particular area is not well advised since one parent's opt out could be a death sentence not just for their own child but for another child.  She urged the Committee to pass the bill without the parental opt out provision. 

 

Jonathan Weisbuch, Director, Maricopa County Department of Public Health, representing himself, said that he would like to make the Committee aware of how serious this problem is regarding young people's sexuality.  This bill would increase the amount of information and knowledge for those children who are in schools that elect to teach sex education.   He said that it is important to be concerned about the rates of sexually transmitted diseases; Maricopa County has one of the highest rates of syphilis.  There are tens of thousands of other sexually transmitted diseases reported annually.  Many of the people with these diseases are treated by a doctor and not reported to the Department of Public Health.  He indicated this bill would go a long way to assist in reducing the problem of sexually transmitted diseases and teenage pregnancy.   He stressed that information and knowledge enhances the ability to make correct decisions; ignorance reduces that ability.   

 

Ruth Grove, representing herself, testified in favor of SB 1157.  She indicated that she has been a schoolteacher, principal, and a Human Immunodeficiency Virus (HIV) education specialist for the CDC.   She noted that during the early 1990s when the HIV education mandate was put into effect in Arizona, it was her job to train the teachers.  She mentioned that her only son died of Acquired Immune Deficiency Syndrome (AIDS).  She said that she is present as a parent of a son and daughter who received no instructions on sexually transmitted infections.  She pointed out that as a parent she did not teach her children at home about these infections because she felt the school could do a better job.  She wanted the trained teachers with the most up-to-date information to tell her children about these infections.  However, they did not.  She indicated that she was surprised to find out that she was not allowed to train the teachers about sexual practices.   She stressed that HIV is a sexually transmitted infection.  Teenagers and gay young men are the fastest rising groups being infected.  There are no cures.  Statistics have shown that teenagers are infected with HIV every 30 minutes in the United States and many suffer long-term health problems.  Prevention is the best choice; however, if prevention is taught, the teachers need to be specific about the safe and unsafe ways to have sex.   She urged the Committee to vote in favor of the bill. 

 

Senator Guenther announced the following individuals were present in support of the bill:  Rory Hays, Arizona Nurses' Association; Jennie Gorrell, Arizona Federation of Business and Professional Women's Clubs (BPW); Joseph Abate, Lobbyist, Arizona Aids Policy Alliance; Janice Palmer, Governmental Relations Analyst, Arizona Schools Board Association; Linda A. Blackwell, Lobbyist, League of Women Voters; Barbara Burkholder, Arizona Public Health Association; Brenda Thomas, Director of Public Affairs, Planned Parenthood of Central and Northern Arizona; Justin Steltenpohl, Defenders of Choice; Barbara Meaney, Planned Parenthood of Central and Northern Arizona; and Kirk Baxter, Vice Chair, Health Education for Latino People, representing himself.

 

Senator Guenther announced the following individual was present in opposition to the bill: Cathi Herrod, Director of Policy, Center for Arizona Policy.

 

Senator Guenther moved SB 1157 be returned with a DO PASS recommendation.

The motion CARRIED with a roll call vote of 8-0-0 (Attachment 11).

 

 

SB 1192 – DHS; dental services – DO PASS AMENDED

 

Mr. Bezozo explained SB 1192 allows the DHS to contract with AHCCCS health plans to provide dental sealants to AHCCCS covered children.  He also described the five-line Gerard amendment dated 02/04/02 at 1:26 p.m.

 

Senator Guenther announced the following individuals were present in support of the bill: Brian McAnallen, Director of Government Relations, Arizona Association of Community Health; Elsie Eyer, Executive Director, Arizona Public Health Association; Joe Abate, Attorney, Arizona State Dental Hygienists Association; and Gregory Harris, Arizona Dental Association.

 

Senator Guenther announced the following individual was present but neutral on the bill: Kneka Hayward, Chief, Office of Oral Health, Arizona Department of Health Services.

 

Senator Guenther moved SB 1192 be returned with a DO PASS recommendation.

 

Senator Guenther moved the Gerard five-line amendment dated 02/04/02,
1:26 p.m. be ADOPTED (Attachment F).  The motion CARRIED by voice vote.

 

Senator Guenther moved SB 1192 be returned with an AS AMENDED, DO PASS recommendation.  The motion CARRIED with a roll call vote of 8-0-0 (Attachment 12).

 

There being no further business, the meeting was adjourned at 3:51 p.m.

 

                                                                                    Respectfully submitted,

 

 

 

                                                                                    Carol Dager

                                                                                    Committee Secretary

 

(Tapes and attachments on file in the Secretary of the Senate’s Office/Resource Center, Room 115.)

 

 

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                                                                                                Committee on Health                       

                                                                                    10        February 5, 2002

 

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