82nd Legislative Session _ 2007

Committee: Senate Health and Human Services
Wednesday, January 24, 2007

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Gant
P    Hansen (Tom), Chair
P    Jerstad
P    Katus
P    Olson (Ed)
P    Two Bulls
P    Dempster, Vice-Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Hansen

MOTION:     TO APPROVE THE MINUTES OF JANUARY 22, 2007

Moved by:    Gant
Second by:    Jerstad
Action:    Prevailed by voice vote.

A presentation was given on health care and health insurance. Presenters were:
1. Dr. Robert Moffit, Heritage Foundation, Washington, DC
2. Mr. Edmund Haislmaier, Heritage Foundation, Washington, DC
3. Ms. Cindy Gillespie, independent health care consultant

         SB 15: require certain immunizations for students attending postsecondary educational institutions.

         Previously heard on January 22, 2007.

Proponents:    Gail Gray, Division of Health and Medical Services
        Mitch Richter, Technical Institutes


MOTION:     AMEND SB 15

15ja
     On page 1, line 11 of the printed bill, after " . " insert "The term does not include any person who receives non-credit-bearing or on-the-job training services.".

Moved by:    Olson (Ed)
Second by:    Jerstad
Action:    Prevailed by voice vote.

 MOTION:     DO PASS SB 15 AS AMENDED

Moved by:    Olson (Ed)
Second by:    Dempster
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Gant, Hansen (Tom), Jerstad, Katus, Olson (Ed), Two Bulls, Dempster

 MOTION:     PLACE SB 15 ON CONSENT CALENDAR

Moved by:    Katus
Second by:    Dempster
Action:    Prevailed by voice vote.

          SB 70: repeal the regulation of massage therapists.

         Previously heard on January 19, 2007

MOTION:     AMEND SB 70

70ja
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 36-35-12 be amended to read as follows:

     36-35-12.   The board may issue a license to engage in the practice of massage to any person who submits an application form and the nonrefundable application fee as approved in § 36-35-17 and who demonstrates the following qualifications:

             (1)      Eighteen years of age or older;

             (2)      Good moral character;

             (3)      High school diploma or equivalent;

             (4)      Completion of no less than five hundred hours of training or study in the practice of massage with a facility or instructor recognized by the board;

             (5)      Absence of unprofessional conduct;

             (6)      Malpractice insurance coverage with limits at or above an amount set by the board; and

             (7)      Passing score on an examination administered by a national certification board accredited by the National Commission of Certifying Agencies and in good standing with the National Organization of Competency Assurance approved by the board in rules promulgated pursuant to chapter 1-26 .

     A license issued under this chapter is valid for a period of two years from the date it was issued and automatically expires unless it is renewed. The board may refuse to grant a license to any person based on failure to demonstrate the requirements of this section. An applicant may appeal the denial of a license in compliance with chapter 1-26.

     Section 2. That § 36-35-17 be amended to read as follows:

     36-35-17.   Any applicant for a license under this chapter shall submit a nonrefundable application fee of one hundred seventy-five dollars. Any person who has a license issued or renewed by the board shall submit a license fee in an amount set by the board, but not to exceed three one hundred dollars.

     Section 3. That § 36-35-19 be amended to read as follows:

     36-35-19.   Any person licensed under this chapter shall complete four hours of continuing education relating to competence in the practice of massage on an annual basis in an amount, of a type , and from a facility or instructor approved by the board. No more than two of the required continuing education hours may be obtained by electronic means. The board may waive the continuing education requirement upon proof of illness or hardship. "


Moved by:    Olson (Ed)
Second by:    Jerstad
Action:    Prevailed by voice vote.

 MOTION:     DO PASS SB 70 AS AMENDED


Moved by:    Gant
Second by:    Jerstad
Action:    Was not acted on.

 MOTION:     SUBSTITUTE MOTION DEFER SB 70 TO THE 41ST LEGISLATIVE DAY

Moved by:    Olson (Ed)
Action:    Died for a lack of a second

 MOTION:     DO PASS SB 70 AS AMENDED

Moved by:    Gant
Second by:    Jerstad
Action:    Prevailed by roll call vote.(5-2-0-0)

Voting Yes:    Gant, Jerstad, Katus, Two Bulls, Dempster

Voting No:    Hansen (Tom), Olson (Ed)

 MOTION:     TO AMEND TITLE OF SB 70

70jta
     On page 1, line 1 of the printed bill, delete everything after " to " and insert "revise certain fees, continuing education requirements, and examination requirements for massage therapists.".

Moved by:    Gant
Second by:    Dempster
Action:    Prevailed by voice vote.

 MOTION:     ADJOURN

Moved by:    Gant
Second by:    Two Bulls
Action:    Prevailed by voice vote.

Peggy Hyde

____________________________

Committee Secretary
Tom Hansen, Chair

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