Senate Health and Human Services Minutes 02/14/2007 10:00 AM

82^nd Legislative Session _ 2007

Committee: Senate Health and Human Services

Wednesday, February 14, 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 FEBRUARY 12, 2007

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

MOTION:     REMOVE SB 130 FROM THE TABLE

Moved by:    Dempster
Second by:    Olson (Ed)
Action:    Prevailed by roll call vote.(6-0-1-0)

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

Excused:    Gant

MOTION:     CONSIDERATION OF MATTERS NOT POSTED (SB130)

Moved by:    Dempster
Second by:    Katus
Action:    Prevailed by roll call vote.(6-0-1-0)

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

Excused:    Gant

         SB 130: require hospitals to report additional information on hospital reimbursements and to report performance outcome data and to provide that this information be available on the Department of Health's web site.

Presented by:    Senator Tom Dempster
Proponents:    Kevin Forsch, Governor's Office
        Kathi Mueller, Dept. Of Health
        David Bordewyk, SD Newspaper Assn.

MOTION:     AMEND SB 130

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

" Section 1. That chapter 34-25 be amended by adding thereto a NEW SECTION to read as follows:

Any electronic list of persons married in South Dakota may be released by the Department of Health or the local registrar of deeds."

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

MOTION:     DO PASS SB 130 AS AMENDED

Moved by:    Dempster
Second by:    Olson (Ed)
Action:    Prevailed by roll call vote.(6-0-1-0)

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

Excused:    Gant

MOTION: TO AMEND TITLE OF SB 130

On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "permit the Department of Health to provide an electronic report of marriages upon request.".

On page 1 , delete lines 2 and 3 .

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

         SB 197: adopt the Revised Uniform Anatomical Gift Act.

         Previously heard on February 9, 2007

MOTION: AMEND SB 197

On page 1, line 14 of the printed bill, delete everything after " gift. " and insert "The term does not include a blastocyst, embryo, or fetus that is the subject of an induced abortion.".

On page 1 , delete line 15 .

On page 5 , line 9, delete " sixteen " and insert "fourteen".

On page 18 , line 11, delete " paragraphs (1) and " and insert "paragraph".

On page 21 , line 9, after " recovery " insert "of an organ for transplantation".

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

MOTION:     DO PASS SB 197 AS AMENDED

Moved by:    Dempster
Second by:    Katus
Action:    Prevailed by roll call vote.(6-0-1-0)

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

Excused:    Gant

MOTION:     PLACE SB 197 ON CONSENT CALENDAR

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

         HB 1031: provide for the regulation of telepharmacy and to establish a fee therefor.

Presented by:    Dennis Jones, State Board of Pharmacy (Handout #1)
Proponents:    Bob Riter Jr., SD Pharmacists Assn.
        Kenneth Senger, SD Assn. Of Healthcare Organizations

MOTION:     DO PASS HB 1031

Moved by:    Olson (Ed)
Second by:    Dempster
Action:    Prevailed by roll call vote.(6-0-1-0)

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

Excused:    Gant

MOTION:     PLACE HB 1031 ON CONSENT CALENDAR

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

         HB 1077: impose a tax on the net revenues of intermediate care facilities for the mentally retarded.

Presented by:    Jenna Friedrich, BFM
Proponents:    Larry Iverson, DSS
Opponents:    Craig Dewey, Americans for Prosperity

MOTION:     DO PASS HB 1077

Moved by:    Dempster

Second by:    Gant
Action:    Prevailed by roll call vote.(7-0-0-0)

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

MOTION:     PLACE HB 1077 ON CONSENT CALENDAR

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

         SB 208: provide for the regulation of tanning devices.

         Previously heard on February 5, 2007 & February 7, 2007

Proponents:    Senator Alan Hoerth
        Warren Redmond, Self
Opponents:    Bob Riter Jr., Indoor Tanning Assn.
        Dennis Neugebauer, Sioux Falls
        Pat Chedester, Self (Handout #2)

MOTION:     AMEND SB 208

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

" Section 1. Terms used in this Act mean:

(1) "Phototherapy device," equipment that emits ultraviolet radiation and is used in treating disease;

(2) "Tanning device," equipment that emits electromagnetic radiation having wavelengths in the air between two hundred and four hundred nanometers and that is used for tanning of human skin and any equipment used with that equipment, including protective eyewear, timers, and handrails. However, the term, tanning device, does not include a phototherapy device used by a physician;

(3) "Tanning facility," a place or business that provides persons access to a tanning device.

Section 2. No owner or employee of a tanning facility may allow a minor under eighteen years of age to use a tanning device unless the minor provides a written informed consent statement signed and dated by the minor's parent or legal guardian stating that the parent or legal guardian has read and understands the warnings provided by the tanning facility, consents to the minor's use of the tanning device, and agrees that the minor shall use protective eyewear. A violation of this section

is a Class 2 misdemeanor."

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

MOTION:     REFER TO Appropriations

Moved by:    Gant
Second by:    Olson (Ed)
Action:    Failed by roll call vote.(3-4-0-0)

Voting Yes:    Gant, Hansen (Tom), Olson (Ed)

Voting No:    Jerstad, Katus, Two Bulls, Dempster

MOTION:     DO PASS SB 208 AS AMENDED

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

MOTION:     SUBSTITUTE MOTION TO TABLE SB 208

Moved by:    Olson (Ed)
Second by:    Gant
Action:    Failed by roll call vote.(3-4-0-0)

Voting Yes:    Gant, Hansen (Tom), Olson (Ed)

Voting No:    Jerstad, Katus, Two Bulls, Dempster

MOTION:     DO PASS SB 208 AS AMENDED

Moved by:    Dempster
Second by:    Jerstad
Action:    Prevailed by roll call vote.(4-3-0-0)

Voting Yes:    Jerstad, Katus, Two Bulls, Dempster

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

MOTION: TO AMEND TITLE OF SB 208

On page 1, line 1 of the printed bill, delete " provide for the regulation " and insert "place certain restrictions on the use".

On page 1 , line 1, after " devices " insert "by minors".

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

         HB 1296: require abortion facilities to offer sonograms to pregnant women under certain circumstances.

Presented by:    Representative Roger Hunt
Proponents:    Jenna Haggar, SD Right to Life
        Linda Schauer, Concerned Women For America
Opponents:    Dean Krogman, SD State Medical Assn.
        Mitch Richter, Campaign for Healthy SD Families

MOTION:     DO PASS HB 1296

Moved by:    Gant
Action:    Died for a lack of a second

MOTION:     DEFER HB 1296 TO THE 41^ST LEGISLATIVE DAY

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

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

Voting No:    Gant, Hansen (Tom)

MOTION:     ADJOURN

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

Peggy Hyde

____________________________

Committee Secretary

Tom Hansen, Chair