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SBOH Home Bill Watch 2004

Wednesday, August 12, 2009

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Bill Watch - 2004 Session

Last updated: 3/8/04
Bolded items are technically dead.

HB 1868 | SB 5791 Smoking in public places
HB 1979 | SB 5786 Smoking in public places
SHB 2460 Health insurance/small employers
SHB 2497 Natural resource actions
HB 2569 | SB 6271 School drinking water
HB 2588 Bloodborne pathogens
HB 2616 | SB 6275 Significant legislative rules
SHB 2680 | SB 6525 School nutrition and activity
HB 2700 | SSB 6268 Affirmative action in admissions
SHB 2711 Nursing resource center
HB 2760 Food in schools
SHB 2772 Genetic information
HB 2785 | SB 6551 Access to health insurance
SHB 2797 Basic health plan
HB 2798 Stabilizing health insurance costs
SHB 2955 K-12 finance task force
SHB 3110 Emergency school repair
SSB 5436 Food and beverages at school
SB 6180 Genetic testing and employment
SB 6181 Genetic info/discrimination
SB 6231 Smoking in public places
SB 6294 Physical activity
SB 6330 Tobacco sampling
SSB 6377 Transient accommodations licensing
SB 6523 School-aged children/health care
SSB 6636 Disposal of animal carcasses
SCR 8419 Health disparities

See also:
Bill Watch 2002 | Bill Watch 2003 | Bill Watch 2005 | Bill Watch 2006
Washington State Legislature


It is the policy of the Washington State Board of Health (Policy 01-001) to monitor and comment on issues before the Legislature that fall into at least one of the following four categories.

  • Category 1: Impacts the Board» s statutory authority
  • Category 2: Runs counter to a policy direction the Board has established in rule
  • Category 3: Is directly related to one of the Priority Topics established by the Board each biennium, as supported by a Board-approved work plan, interim document, or final report
  • Category 4: Is directly related to a policy issue addressed in a policy statement adopted by the Board prior to each session

Bill Number: HB 1868 | SB 5791
Short Title: Smoking in public places
Prime Sponsor: McDermott | McAuliffe
Status: Technically dead.
Digest: Prohibits smoking in public places. Repeals RCW 70.160.040 and 70.160.060.
Full Text: Full text of SB 5791.
Reason for Interest: Category 4: Support for bans on public smoking is consistent with Board's statement of policy on tobacco.
Explanation: The bill would remove the exemption from the Clean Indoor Air Act that allows smoking in specific public places: restaurants, bars, skating rinks, bowling alleys.
Recommendation: Support. Send letter.
Board Action: See letter.
Staff Assigned: Craig McLaughlin

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Bill Number:  HB 1979 | SB 5876
Short Title: Smoking in public places
Prime Sponsor: McDermott | Oke
Status: Technically dead.
Digest: Provides that a city, town, or county may restrict or prohibit smoking in public places situated within its jurisdiction, including but not limited to restaurants, skating rinks, and bowling alleys, regardless of whether such restrictions or prohibitions are more restrictive than those imposed by state law.
Full Text: Full text of SB 5876
Reason for Interest: Category 4: Support for bans on public smoking is consistent with Board's statement of policy on tobacco.
Explanation:  These bills would make is clear that there is no state preemption of local authority to ban smoking. 
Recommendation: Support. Send letter.
Board Action: See letter.
Staff Assigned:  Craig McLaughlin

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Bill Number:  HB 2460
Short Title: Passed. Partial veto.
Prime Sponsor: Cody 
Status: Passed the House with amendments; referred out by Senate Health & Long-Term Care; sent to Senate Rules for second reading
Digest: View digest on line.
Full Text: Full text of ESHB 2460.
Reason for Interest: Category 3 and 4: Efforts to develop a less costly insurance package for small businesses could jeopardize mandated benefits for critical preventive services proven to be beneficial and cost-effective.
Explanation:  See letter.
Recommendation: Support concept with concerns.
Board Action: Don Sloma testified. Letter on HB 2460. Letter on ESHB 2460.
Staff Assigned:  Don Sloma

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Bill Number:  SHB 2497
Short Title: Notifying tribes of significant natural resource-related action by certain state entities.
Prime Sponsor: Linville
Status: Technically dead.
Digest: View digest on line.
Full Text: Full text of SHB 2497.
Reason for Interest: Category 1: Would add a new section to chapter 43.20 RCW
Explanation:  Would require agencies, including SBOH, to consult with the tribes before taking any significant action. The agencies are expected to work with the tribes to determine issues such as means of notification and how the agencies determine which actions are important enough to the tribes to justify notification.
Recommendation: Support concept. Monitor.
Board Action: None.
Staff Assigned:  Marianne Seifert

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Bill Number:  HB 2569 | SB 6271
Short Title: Requiring safe drinking water in Washington public schools
Prime Sponsor: Kenney | Jacobsen 
Status: Technically dead.
Digest: View digest on line.
Full Text: Full text of SSB 6271.
Reason for Interest: Category 1: Assigns rule making to Department of Health in areas that are now the purview of SBOH.
Explanation:  Bill would require DOH to establish standards for drinking water in public schools. SBOH has rule making authority to establish minimum exposure standards for drinking water and for school environmental health.
Recommendation: Support concept. Recommend amendments. Letter
Board Action: See letter
Staff Assigned:  Marianne Seifert

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Bill Number:  HB 2588
Short Title: Concerning testing for bloodborne pathogens
Prime Sponsor: Pearson
Status: Technically dead.
Digest: Revises provisions concerning testing for bloodborne pathogens. Provides that the results of testing for hepatitis B, hepatitis C, or other bloodborne pathogen pursuant to RCW 70.24.340 as requested by a law enforcement officer, fire fighter, health care provider, health care facility staff person, or other persons as defined by the board in rule pursuant to RCW 70.24.340, and pertaining to a person whose bodily fluids he or she has been substantially exposed to, may be released to an exposed individual.
Full Text: Full text of HB 2588.
Reason for Interest: Category 1: Could require Board rule making. Relates to ongoing Board process to review laws, rules and procedures related to HIV/AIDS.
Explanation:  Board currently adopts rule for source person testing and defines sexually transmitted diseases (STDs) under chapter 70.24 RCW, the 1988 AIDS Omnibus Act. This would expand source person testing for occupational exposure to include hepatitis C and hepatitis B. It would also give SBOH authority to define bloodborne pathogens as it currently defined STDs.
Recommendation: Monitor. Testify is asked.
Board Action: None.
Staff Assigned:  Craig McLaughlin

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Bill Number:  HB 2616 | SB 6275
Short Title: Requiring a finding of necessity for significant legislative rules by state agencies
Prime Sponsor: Hatfield | Morton
Status: Technically dead.
Digest: Requires that, before proposing a new rule or amending an existing rule that meets the definition of a significant legislative rule under RCW 34.05.328, a state agency shall adopt a finding of necessity demonstrating that the new or amended rule is necessary to implement a new legislative or federal directive, or is required to fully implement the intent of an existing state or federal law. Provides that a finding by a superior court that the state agency failed to comply with the process for adoption of a finding of necessity under this act renders a finding of necessity and a significant legislative rule adopted under it null and void.
Full Text: Full text of SB 6275.
Reason for Interest: Category 1: Adverse impact on rule making.
Explanation:  Would significantly extend the timeline for and increase the cost of Board rule making.
Recommendation: Oppose. Send letter.
Board Action: See letter.
Staff Assigned:  Craig McLaughlin

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Bill Number:  SHB 2680 | SB 6525 
Short Title: Requiring development of a model policy for nutrition and physical activity for schools
Prime Sponsor: Cody | Johnson
Status: Technically dead.
Digest: HB 2680 digest | SB 6525 digest
Full Text: Full text of SHB 2680 | Full text of SB 6525
Reason for Interest: Categories 3 and 4: Directly related to Board's work plan on physical fitness and nutrition. It is consistent with Board's policy statement.
Explanation:  Would require the Board to assist with convening of a task force to develop model policies. School districts would then have to adopt their own policies. The bills are almost identical and both are OSPI request legislation, but they are not technically companions. The Senate version would make the Washington State School Directors Association the lead agency, while the House version assigns those duties to DOH.
Recommendation: Testify. Send letter.
Board Action: Don Sloma testified by request. See letter on HB 2680.
Staff Assigned:  Tara Wolff

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Bill Number:  HB 2700 | SSB 6268
Short Title: Permitting a college or university to maintain a diverse student population by considering race, color, ethnicity, or national origin in the admission and transfer process without using quotas, predetermined points, or set asides.
Prime Sponsor: Kenney | Kohl-Welles
Status: Technically dead.
Digest: View digest on line.
Full Text: Full text of HB 2700 | Full text of SSB 6268
Reason for Interest: Category 3: Directly related to Board's priority work on health disparities 
Explanation:  Initiative 200 prohibited consideration of race as a factor for admission to state colleges and universities. This bill would specify that a school may, with specific limitations, consider race, color, ethnicity, or national origin in its admission or transfer policies. This could promote efforts to diversity the health care workforce.
Recommendation: Support. Testify. Letter
Board Action: Vickie Ybarra testified in Senate. Marianne Seifert testified in the house. See letter.
Staff Assigned:  Marianne Seifert

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Bill Number:  SHB 2711
Short Title: Funding a central resource center for the nursing work force.
Prime Sponsor: Kenney
Status: Technically dead.
Digest: View digest on line.
Full Text: Full text of SHB 2711 | Full text of amendment
Reason for Interest: Category 3: Directly related to Board's priority work on health disparities.
Explanation:  Proposes a licensing surcharge to fund a variety of efforts to address the nursing shortage. Bill can be strengthened to specifically address diversity.
Recommendation: Support concept; recommend amendment. Send letter.
Board Action: See letter.
Staff Assigned:  Marianne Seifert

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Bill Number:  HB 2760
Short Title: Providing for healthy foods for school children
Prime Sponsor: Schual-Berke
Status: Technically dead.
Digest: View digest on line.
Full Text: Full text of HB 2760
Reason for Interest: Category 3: Directly related to Board's work plan on physical fitness and nutrition.
Explanation:  Establishes specific nutritional standards for competitive foods served in schools and restricts the beverages that can be sold in schools during school hours.
Recommendation: Support concept with concerns. Testify. Send letter.
Board Action: Don Sloma testified by request. See letter.
Staff Assigned:  Tara Wolff

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Bill Number:  SHB 2772
Short Title: Controlling genetic information
Prime Sponsor: Schual-Berke
Status: Technically dead.
Digest: View digest on line.
Full Text: Full text of SHB 2772
Reason for Interest: Category 3: Directly relates to Board's priority work on Genetic and Privacy.
Explanation:  Would implement many of the recommendations of the Genetics Task Force.
Recommendation: Support. Send letter. Testify.
Board Action: Don Sloma testified. See letter.
Staff Assigned:  Don Sloma

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Bill Number: HB 2785 | SB 6551
Short Title: Increasing access to health insurance coverage
Prime Sponsor: Cody | Thibaudeau
Status: Technically dead.
Digest: View digest on line.
Full Text: Full text of SB 6551
Reason for Interest: Categories 3 and 4: Directly relates to Board's priority work on Access and Board's policy statements.
Explanation: See letter.
Recommendation: Support concept with concerns. Send letter.
Board Action: See letter.
Staff Assigned: Don Sloma

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Bill Number:  SHB 2797
Short Title: Increasing access to health insurance options for certain persons eligible for the Federal Health Coverage Tax Credit under the Trade Act of 2002 (P.L. 107-210).
Prime Sponsor: Morrell
Status: Technically dead.
Digest: View digest on line.
Full Text: Full text of SHB 2797
Reason for Interest: Categories 3 and 4: Directly relates to Board's priority work on Access and Board's policy statements.
Explanation:  See letter.
Recommendation: Support concept with concerns. Send letter.
Board Action: See letter.
Staff Assigned:  Don Sloma

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Bill Number:  HB 2798
Short Title: Stabilizing the health insurance market and providing coverage for uninsured individuals
Prime Sponsor: Cody
Status: Technically dead.
Digest: View digest on line
Full Text: Full text of HB 2798
Reason for Interest: Categories 3 and 4: Directly relates to Board's priority work on Access and Board's policy statements.
Explanation:  See letter.
Recommendation: Support concept with concerns. Send letter.
Board Action: See letter.
Staff Assigned:  Don Sloma

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Bill Number:  HB 2955
Short Title: Creating a joint task force on K-12 finance
Prime Sponsor: Hunter
Status: Technically dead.
Digest: Finds that more than a quarter of a century has passed since the current school finance system was first created, and that the challenges facing our schools and students have grown and changed dramatically during that time. Declares an intent to examine the school finance system to determine whether it is appropriately linked to the demands of education reform and to the goal of providing all children in the state the opportunity to meet standards. Creates the joint task force on K-12 finance to study the common school finance system and to develop alternative funding models. Requires the task force to report findings and recommendations to the legislature by October 1, 2006.
Full Text: Full text of SHB 2955
Reason for Interest: Category 3: Relates to Board's work on school environmental health.
Explanation:  This would create a task force on restructuring school finance. Recommend amendment to look at designating funds specifically for school facility construction, maintenance, repair and renovation to ensure health and safe learning environments.
Recommendation: Support concept, recommend amendment. Send letter.
Board Action: See letter.
Staff Assigned:  Marianne Seifert

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Bill Number:  HB 3110
Short Title: Providing for an emergency school repair and renovation account
Prime Sponsor: Cox
Status: Technically dead.
Digest: Creates the Washington emergency school repair and renovation grant program to help class two school districts pay for any nonrecurring costs associated with urgent facilities repairs and renovations related to health and safety risks, fire and building code deficiencies, access for disabled students, and asbestos abatement or removal. Requires the office of the superintendent of public instruction to administer the program.
Full Text: Full text of SHB 3110
Reason for Interest: Category 3: Relates to Board's work on school environmental health.
Explanation:  Could provide funding for things such as roof repairs that could address or prevent environmental health problems.
Recommendation: Support concept. Send letter.
Board Action: Marianne Seifert testified. See letter.
Staff Assigned:  Marianne Seifert

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Bill Number:  SSB 5436
Short Title: Regarding foods and beverages sold at public schools
Prime Sponsor: Kohl-Welles
Status: Passed. Signed by Governor.
Digest: Finds that, while the United States department of agriculture regulates the nutritional content of meals sold in schools under its school breakfast and lunch program, limited standards are in place to regulate "competitive foods," which are often high in added sugars, sodium, and saturated fat content. However, the United States department of agriculture does call for states and local entities to add restrictions on competitive foods, as necessary. Provides that, at elementary and middle schools, the sale of all foods on school grounds during regular school hours shall be approved for compliance with the nutrition standards in this act by the person or persons responsible for implementing these provisions as designated by the school district.
Full Text: Full text of SSB 5436
Reason for Interest: Category 3: Directly related to Board's work plan on physical fitness and nutrition.
Explanation:  First substitute contains provisions similar to those in SB 6525 except the Board is not names as part of the task force. Staff testified before House Education requesting amendment.
Recommendation: Support concept. Testify. Submit letter.
Board Action: Craig McLaughlin testified in House. See Senate letter on SB 5436
Staff Assigned:  Tara Wolff

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Bill Number:  SB 6180
Short Title: Prohibiting the use of genetic information in employment decisions
Prime Sponsor: Franklin
Status: Passed and signed by Governor.
Digest: Provides that it shall be unlawful for any person, firm, corporation, or the state of Washington, its political subdivisions, or municipal corporations to require, directly or indirectly, that any employee or prospective employee submit genetic information or submit to screening for genetic information as a condition of employment or continued employment.
Full Text: Full text of  ESB 6180
Reason for Interest: Category 3: Related to Genetics and Privacy priority project.
Explanation:  Would implement a recommendation of the Genetics Task Force. Amended on the Senate floor to exclude certain tests from the definition of medical examination.
Recommendation: Support. Send letter.
Board Action: Letter on SB 6180 | Letter on ESB 6180
Staff Assigned:  Don Sloma

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Bill Number:  SB 6181
Short Title: Including genetic information as a protected category in the law against discrimination
Prime Sponsor: Franklin
Status: Technically dead.
Digest: Includes genetic information as a protected category in the law against discrimination.
Full Text: Full text of SB 6181
Reason for Interest: Category 3: Related to Genetics and Privacy priority project..
Explanation:  Would implement a recommendation of the Genetics Task Force.
Recommendation: Support. Send letter if scheduled for hearing.
Board Action:  
Staff Assigned:  Don Sloma

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Bill Number:  SB 6231
Short Title: Prohibiting smoking in public places
Prime Sponsor: Franklin
Status: Technically dead.
Digest: Recognizes the increasing evidence that secondhand tobacco smoke creates a danger to the health of the citizens of this state. In order to protect the health and welfare of those citizens, it is necessary to prohibit smoking in public places. Provides that a person who violates RCW 70.160.050 is guilty of an infraction punishable by: (1) A warning to the owner or person in charge for the first violation that occurs within a calendar year; (2) A fine not exceeding one hundred dollars for a second violation that occurs within a calendar year; and (3) A fine not exceeding five hundred dollars for each additional violation that occurs within a calendar year.
Full Text: Full text of SB 6231
Reason for Interest: Category 4: Support for bans on public smoking is consistent with Board's statement of policy on tobacco.
Explanation:  Bill would ban smoking in all public facilities, closing current exemptions under the clean air act for bars, taverns, bowling alleys, skating rinks, and eliminating designated smoking sections.
Recommendation: Support. Send letter.
Board Action: See letter.
Staff Assigned:  Craig McLaughlin

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Bill Number:  SB 6294
Short Title: Increasing the physical activity of the citizens of Washington State
Prime Sponsor: Franklin
Status: Technically dead.
Digest: Finds that providing opportunities for walking, biking, and other regular forms of exercise is best accomplished through collaboration between the private sector and local, state, and institutional policymakers. This collaboration can build communities where people find it easy and safe to be physically active. Declares an intent to promote policy and planning efforts that increase access to inexpensive or free opportunities for regular exercise in all communities around the state.
Full Text: Full text of SB 6294
Reason for Interest: Categories 1 and 3: Would change the Board's statutory powers and duties. Directly related to the Board's priority work on children's physical activity and nutrition.
Explanation:  This is a forward-looking bill that addresses the connection between the built environment and opportunities for regular exercise. Broad grant of authority to the Board to make rules "for the prevention and control of obesity, including setting nutrition and physical activity standards aimed at reducing the proportion of citizens who are obese" seems very broad considering the lack of rule-making precedents and the absence of legislative guidance about how to exercise such authority. Also, current Board efforts are focused on opportunities to find solutions without imposing mandates.
Recommendation: Support concept with concerns. Testify.
Board Action: Craig McLaughlin signed in to testify but was not called. See letter.
Staff Assigned:  Tara Wolff

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Bill Number:  SB 6330
Short Title: Providing funds to enforce the tobacco sampling statutes
Prime Sponsor: Oke
Status: Technically dead.
Digest: Imposes a tax on persons engaged in the business of sampling. The tax shall equal one dollar per sample distributed by the sampler. Creates the tobacco sampling enforcement account in the custody of the state treasurer. All receipts from the tax imposed in this act must be deposited into the account. Expenditures from the account may be used only for the enforcement of the tax provisions of this act and the enforcement of the sampling provisions of chapter 70.155 RCW.
Full Text: Full text of SB 6330
Reason for Interest: Category 4: Efforts to reduce distribution of free tobacco products, especially to minors, is consistent with Board's statement of policy on tobacco.
Explanation:  Revenue from a $1 tax on each sample would to use to enforce restrictions on distribution of samples to minors.
Recommendation: Oppose.
Board Action: Opposition noted in letter on SB 6231.
Staff Assigned:  Craig McLaughlin

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Bill Number:  SB 6377
Short Title: Revising provisions relating to renewal of transient accommodation licenses
Prime Sponsor: Honeyford
Status: Passed and signed by Governor.
Digest: Requires all applications for renewal of licenses to be postmarked no later than midnight on the date the license expires. All applications for renewal of licenses that are personally presented to the department or sent by electronic means must be received by the department by 5:00 p.m. on the date the license expires.
Full Text: Full text of SSB 6377
Reason for Interest: Category 1: Would require Board to change transient accommodations rule
Explanation:  Current deadlines are in Board rule, while late fee is set in DOH rule.
Recommendation: Neutral. Monitor.
Board Action: None.
Staff Assigned:  Craig McLaughlin

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Bill Number:  SB 6523
Short Title: Improving the delivery of health care services to school children
Prime Sponsor: Deccio
Status: Technically dead.
Digest: Finds that additional school nurses with the appropriate expertise are needed in our schools to play a pivotal role in improving the health and educational success of the school-age child. Appropriates the sum of forty-five thousand dollars, or as much thereof as may be necessary, for the fiscal year ending June 30, 2005, from the general fund to the office of the superintendent of public instruction for the purpose of funding a position to pursue grants and obtain funds for the school nurse account. Creates the school nurse account in the custody of the state treasurer. All receipts from gifts, grants, or endowments obtained under this act must be deposited into the account.
Full Text: Full text of SB 6523
Reason for Interest: Categories 3 and 4: Consistent with policy statement and Board's priority work on school health.
Explanation:  Has the potential to increase the number of school nurses.
Recommendation: Support. Send letter.
Board Action: See letter.
Staff Assigned:  Tara Wolff

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Bill Number:  SSB 6636
Short Title: Regulating the disposal of animals
Prime Sponsor: Rasmussen
Status: Vetoed by Governor.
Digest: View digest on line.
Full Text: Full text of SSB 6636 | Full text of amendment
Reason for Interest: Category 1: Would have transferred current SBOH rule making authority to DOH. This oversight fixed in substitute. Would likely require Board rule making.
Explanation:  Would require formation of an interagency workgroup to develop an comprehensive statewide strategy to dispose of animal carcasses. Original bill called for DOH to adopt rules for disposal if federal regulations are insufficient. The current sanitation rules, which cover animal carcass disposal, rest on the Board's general statutory authority. Rule making language changed to reflect Board's role in SSB 6636.
Recommendation: Support concept. Send letter. Recommend amendment to change authority and addition of Board to the interagency workgroup.
Board Action: See letter to Senate and see letter to House.
Staff Assigned:  Craig McLaughlin

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Bill Number:  SCR 8419
Short Title: Creating a joint select committee on health disparities.
Prime Sponsor: Franklin
Status: Passed.
Digest: Creates a joint select committee on health disparities to identify opportunities for improving health care status and addressing health disparities in communities of color.
Full Text: Full text of SCR 8419
Reason for Interest: Category 3: Directly relates to Board's priority work on health disparities.
Explanation:  Committee would look at a variety of issues, including workforce diversity.
Recommendation: Support. Testify. Send joint letter with DOH.
Board Action: See letter. Marianne Seifert testified in House; Craig McLaughlin signed in to testify in Senate but was not called.
Staff Assigned:  Marianne Seifert

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