ARIZONA STATE LEGISLATURE

 

SENATE HEALTHCARE AND MEDICAL LIABILITY REFORM AND HOUSE HEALTH AND HUMAN SERVICES COMMITTEE OF REFERENCE

 

Minutes of the Meeting

Monday, October 31, 2011

8:30 a.m., Senate Hearing Room 1

 

 

Members Present:

Senator Nancy Barto, Co-Chair

Representative Heather Carter, Co-Chair

Senator Paula Aboud

Representative Cecil Ash

Senator Linda Lopez

Representative Kate Brophy McGee

Senator Rick Murphy

Representative Matt Heinz

Senator John Nelson

Representative Katie Hobbs

 

 

Staff:

Eden Rolland, Senate Research Analyst

 

Ingrid Garvey, House Research Analyst

 

 

 

Co-Chairman Barto called the meeting to order at 8:42 a.m. and attendance was called.

 

Senator Barto gave the order of the meeting and noted that the Sunrise Application of the Arizona Psychological Association is withdrawn at this time.

 

Representative Carter read a letter into the record from Representative Carter to the Committee Members and Stakeholders dated October 28, 2011 (Attachment A) concerning the Sunrise Application of the Arizona Association of Chiropractic.  She announced that the Sunrise Application of the Arizona Association of Chiropractic would be withdrawn at this time.

 

Sunset Audit of the Arizona State Board of Chiropractic Examiners

 

Dot Reinhard, Manager, Office of the Auditor General (OAG), distributed the OAG's Report NO. 10-06 (Attachment B), gave a Powerpoint presentation (Attachment C) and explained the history and responsibilities of the Arizona State Board of Chiropractic Examiners.  She discussed the OAG report, findings, recommendations and implementations.

 

Patrice Pritzl, Executive Director, Arizona State Board of Chiropractic Examiners, discussed implementation of the OAG's recommendations and answered questions posed by the Committee.

Senator Barto noted the individuals who registered their position on the agenda items (Attachment D).

 

Discussion and Recommendations by the Committee of Reference

 

Representative Carter moved that the Arizona State Board of Chiropractic Examiners be continued for ten years until July 1, 2022 and authorized staff to draft conforming legislation.  The motion CARRIED by voice vote.

 

Sunset Audit of the Arizona State Board of Dispensing Opticians

 

Eden Rolland, Senate Research Analyst, gave a brief overview of the Arizona State Board of Dispensing Opticians and answered questions posed by the Committee.

 

Lori Scott, Executive Director, Arizona State Board of Dispensing Opticians, answered questions posed by the Committee.

 

Senator Barto noted the individuals who registered their position on the agenda items (Attachment D).

 

Discussion and Recommendations by the Committee of Reference

 

Representative Carter moved that the Arizona State Board of Dispensing Opticians be continued for ten years until July 1, 2022 and authorized staff to draft conforming legislation.  The motion CARRIED by voice vote.

 

Sunset Audit of the Arizona Medical Board

 

Emily Chipman, Team Leader, Office of the Auditor General (OAG), distributed the OAG's Report NO. 11-04 (Attachment E), gave a Powerpoint presentation (Attachment F) and a brief overview of the purpose and responsibilities of the Arizona Medical Board.  She explained the OAG report, findings, recommendations and implementations.

 

Lisa Wynn, Executive Director, Arizona Medical Board, explained the implementations that have taken place, addressed the topics recently brought to her attention by the Committee Co-chairs and answered questions posed by the Committee. 

 

Public Testimony

 

Stuart Goodman, Arizona Medical Board, addressed the committee and answered questions posed by the Committee.

 

Andrew Schlafly, General Counsel, Association of American Physicians and Surgeons, distributed a letter dated October 22, 2011 (Attachment G) and discussed possible improvements to the Arizona Medical Board.  He answered questions posed by the Committee.

 

Dr. Bill Wolf, Chief Medical Consultant, Arizona Medical Board, answered questions posed by the Committee.

 

David Ruben, M.D., Pain Society of Southern Arizona and Pain Patient Alliance, discussed issues with the Arizona Medical Board and answered questions posed by the Committee.

 

Jane Orient, Association of American Physicians & Surgeons, distributed a packet of letters (Attachment H) and spoke about problems with the Arizona Medical Board.  She answered questions posed by the Committee.

 

Dot Reinhard, OAG, answered questions posed by the Committee.

 

Roy Spece, Professor of Law, representing himself, distributed "Indiana Health Law Review" (Attachment I) and discussed the clear and convincing evidence standard of proof.  He answered questions posed by the Committee.

 

Dr. Steven Gitt, representing himself, discussed problem situations involving the Arizona Medical Board and answered questions posed by the Committee.

 

Scott Forrer, M.D., representing himself, distributed copies of legal documents and letters relating to the Arizona Medical Board (Attachments J,K,L,M,N) and discussed problems with the Arizona Medical Board.

 

Andrea Russell, Ph.D., Licensed, Board Certified Psychotherapist, Board Certified Neurotherapist, representing herself, distributed a packet of papers including "Minutes from a Arizona Medical Board Meeting" (Attachment O) and discussed problems with the Arizona Medical Board procedures.

 

Jennifer Boucek, Assistant Attorney General, answered questions posed by the Committee.

 

David Landrith, Vice President of Policy & Political Affairs, Arizona Medical Association, discussed the findings of the OAG and the ten year continuation recommendation.  He answered questions posed by the Committee.

 

Discussion and Recommendations by the Committee of Reference

 

Representative Carter moved the Arizona Medical Board be continued for ten years until July 1, 2022 and authorized staff to draft conforming legislation.  The motion CARRIED by voice vote.

Sunset Audit of the Arizona State Board of Nursing

 

Shan Hays, Performance Audit Manager, Auditor General's Office (OAG), distributed the OAG's Report No. 11-02 (Attachment P) and a Powerpoint presentation (Attachment Q).  She gave a brief overview of the purpose and responsibilities of the Arizona State Board of Nursing.  She explained the OAG report, findings, recommendations and implementations.

 

Jo Ridenour, Executive Director, Arizona State Board of Nursing, gave a brief overview of her background and answered questions posed by the Committee.

 

Rory Hays, Arizona Nurses Association, discussed the impacts of budget sweeps on the nursing industry.

 

Senator Barto noted the individuals who registered their position on the agenda items (Attachment D).

 

Discussion and Recommendations by the Committee of Reference

 

Representative Carter moved that the Arizona State Board of Nursing be continued for ten years until July 1, 2022 and authorized staff to draft conforming legislation.  The motion CARRIED by voice vote.

 

Sunrise Application of the Arizona Association of Nurse Anesthetists

 

Eden Rolland, Senate Research Analyst, explained the sunrise process for the Arizona Association of Nurse Anesthetists.

 

Rodney Moffett, Certified Registered Nurse Anesthetist (CRNA), Arizona
Association of Nurse Anesthetists (AzANA), discussed prescriptive authority of nurse anesthetists.

 

Public Testimony

 

David Landrith, Vice President of Policy & Political Affairs, Arizona Medical Association, registered as neutral and spoke to problems that need to be corrected and answered questions posed by the Committee.

 

Michael Liburdi, Attorney, Arizona Society of Anesthesiologists, distributed a letter from a doctor regarding CRNA scope of practice (Attachment R) and spoke in opposition to the sunrise application of the Arizona Association of Nurse Anesthetists. He answered questions posed by the Committee.

 

Senator Barto noted the individuals who registered their position on the agenda items (Attachment D).

 

Discussion and Recommendations by the Committee of Reference

 

Representative Carter moved that the Committee of Reference recommend a bill be drafted for consideration by the full Legislature containing the items in the sunrise application submitted by the Arizona Association of Nurse Anesthetists.  The motion CARRIED by a voice vote.

 

Senator Aboud and Representative Carter requested to take part in stakeholder negotiations.

 

Sunrise Application of the Arizona State Dental Hygienists' Association

 

Eden Rolland, Senate Research Analyst, explained the sunrise application of the Arizona State Dental Hygienists' Association.

 

Sara Sparman, Government Relations Specialist, Arizona State Dental Hygienists' Association, explained the goals of the association.

 

Patty Price, Arizona Dental Hygienists' Association, explained the need for legislation and answered questions posed by the Committee.

 

Senator Barto noted the individuals who registered their position on the agenda items (Attachment D).

 

Public Testimony

 

Kevin Earle, Executive Director, Arizona Dental Association, answered questions posed by the Committee and requested being a part of stakeholder negotiations.

 

Discussion and Recommendations by the Committee of Reference

 

Representative Carter moved that the Committee of Reference recommend a bill be drafted for consideration by the full Legislature containing the items in the sunrise application submitted by the Arizona State Dental Hygienists' Association.  The motion CARRIED by a voice vote.

 

Sunset Audit of the Unexplained Infant Death Advisory Council

 

Eden Rolland, Senate Research Analyst, explained the sunset process and gave an overview of the Unexplained Infant Death Advisory Council.  She answered questions posed by the Committee.

 

 

Colby Bower, Legislative Liaison, Arizona Department of Health Services, explained the recommendation to consolidate the Unexplained Infant Death Advisory Council with the Child Fatality Review Team and the logic for the consolidation.  He explained that there is no reason to continue the Council because the Child Fatality Review Team already duplicates or can absorb the duties of the Council.  Mr. Bower answered questions posed by the Committee.

 

Discussion and Recommendations by the Committee of Reference

 

Representative Carter moved that the Unexplained Infant Advisory Council be terminated, that its functions be consolidated with the Child Fatality Review Team, and authorized staff to draft any necessary conforming legislation.  The motion CARRIED by a voice vote.

 

There being no further business, the meeting was adjourned at 1:24 p.m.

 

                                                                                    Respectfully submitted,

 

 

 

                                                                                    Shelley Ponce

                                                                                    Committee Secretary

 

(Audio recordings and attachments are on file in the Secretary of the Senate’s Office/Resource Center, Room 115. Audio archives are available at http://www.azleg.gov)

 

 

 

---------- DOCUMENT FOOTER ---------

SENATE HEALTHCARE AND MEDICAL

LIABILITY REFORM AND HOUSE HEALTH AND

 HUMAN SERVICES COMMITTEE OF REFERENCE

October 31, 2011

Page 1

 

---------- DOCUMENT FOOTER ---------