Senate Public Health and Welfare Committee advances SB 63, approves liability and damages change; several amendments fail

The Senate Public Health and Welfare Committee voted to pass Senate Bill 63 out of committee as amended after a series of proposed changes and debate about the bill's scope and constitutional risk.

The approved amendment, offered early in the session, moved the bill's effective date and revised the bill's damages provisions to list recoverable remedies in the strict‑liability section as actual and punitive damages, injunctive relief, costs of suit and attorney's fees. Jenna, committee staff and the reviser on the bill, explained the change: “the specific types of damages that a plaintiff was able to recover were not listed before. And so this lists 1 so that they will mirror the available damages to be recovered in the actions in C and D, which would be actual and punitive damages, injunctive relief, cost of suit, and attorney's fees.”

The committee also debated an amendment from Senator Petty that would have exempted licensed mental‑health providers regulated by the Behavioral Sciences Regulatory Board from professional discipline under the bill and explicitly stated that common classes of mental‑health medications would not be barred. Jenna described the medications named in the amendment as “antipsychotics, antidepressants, anxiety medications, mood stabilizers, and stimulants.” Senator Petty argued the change “clarifies that those mental health providers are not going to be disciplined under this bill.” Senator Thompson opposed the amendment, saying, “I will oppose this amendment because I think it's unnecessary and potentially could be interpreted incorrectly by court at a later time.” The Petty amendment failed.

Other amendments that sought to remove language restricting state funds, to narrow the bill to focus only on medical treatment rather than promotion, and to delete a severability clause were offered and debated but did not pass. Senator Holster explained that one amendment aimed to make the bill “a clean medical bill, focusing on health care,” citing attorney concerns about undefined promotional language; the committee rejected that change. An amendment to remove a severability clause—explained by staff as instructing courts whether to preserve other parts of a law if one part is found unconstitutional—also failed after discussion that severability signals legislative intent.

Throughout debate, senators raised concerns about statutory definitions and legal risk. Committee staff responded that the bill's sections already identify specific categories of medications and that hormone therapy and puberty blockers are set out in the bill under separate subsections. Jenna summarized the bill's structure and answered committee questions about which professionals the Behavioral Sciences Regulatory Board licenses, saying the board regulates multiple mental‑health professional categories and that those licensed individuals would not be subject to the professional‑discipline provision if the Petty amendment had passed.

Motions and outcomes were recorded on the floor. Senator Erickson moved the amendment that amended the effective date and damages language; the committee adopted that amendment. Several subsequent amendments—including those by Senator Petty and Senator Holster and a motion to remove severability—failed. Senator Thomas moved that the committee pass SB 63 out of committee as amended; the committee approved the motion and the bill passed out of committee.

Votes at a glance

- Amendment (effective date and damages clarification): moved by Senator Erickson; seconded by Senator Thomas; outcome: adopted (vote tally not specified in transcript).

- Amendment (exempt BSRB‑licensed mental‑health providers; clarify allowed medication classes): moved by Senator Petty; seconded by Senator Hoelscher; outcome: failed.

- Amendment (strike promotional/state funding language; focus on medical treatment): moved by Senator Holster; seconded by Senator Petty; outcome: failed.

- Amendment (remove severability clause): moved by Senator Holster; seconded by Senator Petty; outcome: failed.

- Final motion to pass Senate Bill 63 out of committee as amended: moved by Senator Thomas; seconded by Senator Clifford; outcome: passed out of committee (vote tally not specified in transcript).

The committee chair closed the meeting after the vote; the transcript records that the committee completed its work on Senate Bill 63 and adjourned. The transcript shows disagreement among members on scope and statutory language and records the single successful amendment described above.