85
th Legislative Session _ 2010
Committee: House Health and Human Services
Tuesday, February 09, 2010
P - Present
E - Excused
A - Absent
Roll Call
P Blake
P Boomgarden
P Conzet
P Curd
E Iron Cloud III
P Jensen
P Lucas
E Moser
P Nygaard
P Rave, Vice-Chair
P Romkema
P Vanderlinde
P Pitts, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Pitts.
MOTION: TO APPROVE THE MINUTES OF TUESDAY, FEBRUARY 2, 2010
Moved by: Rave
Second by: Nygaard
Action: Prevailed by voice vote.
HB 1203: provide for the regulation of acupuncturists.
Presented by: Representative Kristi Noem
Proponents: Kayte Halstead, Rapid City
Mary Maisey-Ireland, Rapid City
Adam Graves, Watertown
Colleen Ragan, Rapid City
Mina Larson, NCCAOM (Handout: 1)
Kobi Ebert, Rapid City
Opponents: Margaret Hansen, Department of Health/SD Board of Medical Examiners
Roger Shewmake, Sioux Falls (Handout: 2)
Tim Dougherty, SD Physical Therapy Association
Jim Hood, SD Chiropractor's Association
Dave Gerdes, SD State Medical Association
MOTION: AMEND HB 1203
1203jb
On page 5, line 17, of the printed bill, delete "and".
On page 5, between lines 17 and 18, insert:
"
(3) Physical therapists licensed pursuant to chapter 36-10; and".
On page 5, line 18, delete "(3)" and insert "(4)".
Moved by: Boomgarden
Second by: Rave
Action: Prevailed by voice vote.
MOTION: AMEND HB 1203
1203jc
On page 4, line 7, of the printed bill, delete "Three" and insert "Four".
On page 4, line 7, after "," insert "and".
On page 4, line 8, delete everything after "acupuncture" and insert ".".
On page 4, line 9, delete everything before "Each" .
Moved by: Nygaard
Second by: Jensen
Action: Prevailed by voice vote.
MOTION: DEFER HB 1203 TO THE 41
ST LEGISLATIVE DAY
Moved by: Boomgarden
Second by: Lucas
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DO PASS HB 1203 AS AMENDED
Moved by: Nygaard
Second by: Jensen
Action: Failed by roll call vote. (2-9-2-0)
Voting Yes: Jensen, Nygaard
Voting No: Blake, Boomgarden, Conzet, Curd, Lucas, Rave, Romkema, Vanderlinde, Pitts
Excused: Iron Cloud III, Moser
THE MOTION TO DEFER HB 1203 TO THE 41
ST LEGISLATIVE DAY
Moved by: Boomgarden
Second by: Lucas
Action: PREVAILED BY ROLL CALL VOTE. (9-2-2-0)
Voting Yes: Blake, Boomgarden, Conzet, Curd, Lucas, Rave, Romkema, Vanderlinde, Pitts
Voting No: Jensen, Nygaard
Excused: Iron Cloud III, Moser
HB 1183: authorize birth centers to operate in the state.
Presented by: Representative Phil Jensen (Handouts: 3, 4)
Proponents: Sara Coulter-Danner, Hotsprings (Handouts: 5, 6, 7)
Doneen Hollingsworth, Department of Health
Luke Temple, Dakota Rural Action
Mandy Hagseth, SD Advocacy Network of Women
Debbie Pease, SD Safe Childbirth Options INC.
Deb Fischer Clemens, Avera Health
Rebekah Cradduck, SDAHO, Sioux Falls
Dean Krogman, SD State Medical Association
Brittany Novotny, SD Nurses Association
MOTION: AMEND HB 1183
1183ja
On page 1, line 3, of the printed bill, delete "Notwithstanding § 34-12-7, any" and insert "Any".
On page 1, line 5, after "Centers" insert ", and is licensed by the state in accordance with chapter
34-12,".
On page 1, after line 6, insert:
" Section 2. That § 34-12-1.1 be amended to read as follows:
34-12-1.1. Terms used in this chapter mean:
(1) "Ambulatory surgery center," any facility which is not part of a hospital and which is not
an office of a dentist, whether for individual or group practice, in which surgical
procedures requiring the use of general anesthesia are performed upon patients;
(2) "Assisted living center," any institution, rest home, boarding home, place, building, or
agency which is maintained and operated to provide personal care and services which
meet some need beyond basic provision of food, shelter, and laundry;
(3) "Chemical dependency treatment facility," any facility which provides a structured
inpatient treatment program for alcoholism or drug abuse;
(4) "Health care facility," any institution, sanitarium, maternity home, birth center,
ambulatory surgery center, chemical dependency treatment facility, hospital, nursing
facility, assisted living center, rural primary care hospital, adult foster care home, inpatient
hospice, residential hospice, place, building, or agency in which any accommodation is
maintained, furnished, or offered for the hospitalization, nursing care, or supervised care
of the sick or injured;
(5) "Hospital," any establishment with an organized medical staff with permanent facilities
that include inpatient beds and is primarily engaged in providing by or under the
supervision of physicians, to inpatients, any of the following services: diagnostic or
therapeutic services for the medical diagnosis, treatment, or care of injured, disabled, or
sick persons; obstetrical services including the care of the newborn; or rehabilitation
services for injured, disabled, or sick persons. In no event may the inpatient beds include
nursing facility beds or assisted living center beds unless the same are licensed as such
pursuant to this chapter;
(6) "Maternity home," any institution, place, building, or agency in which, within a period of
six months, more than one woman, during pregnancy, or during or after delivery, except
women related by blood or marriage, are kept for care or treatment; or which has in its
custody or control at any one time, two or more infants under the age of two years,
unattended by parents or guardians, for the purpose of providing them with care, food, and
lodging, except infants related to the one having such custody or control by blood or
marriage;
(7) "Nursing facility," any facility which is maintained and operated for the express or
implied purpose of providing care to one or more persons whether for consideration or
not, who are not acutely ill but require nursing care and related medical services of such
complexity as to require professional nursing care under the direction of a physician on
a twenty-four hour per day basis; or a facility which is maintained and operated for the
express or implied purpose of providing care to one or more persons, whether for
consideration or not, who do not require the degree of care and treatment which a hospital
is designed to provide, but who because of their mental or physical condition require
medical care and health services which can be made available to them only through
institutional facilities;
(8) "Critical access hospital," any nonprofit or public hospital providing emergency care on
a twenty-four hour basis located in a rural area which has limited acute inpatient services,
focusing on primary and preventive care, and which has in effect an agreement with a
general hospital that provides emergency and medical backup services and accepts patient
referrals from the critical access hospital. For the purposes of this subdivision, a rural area
is any municipality of under fifty thousand population;
(9) "Adult foster care home," a family-style residence which provides supervision of personal
care, health services, and household services for no more than four aged, blind, physically
disabled, developmentally disabled, or socially-emotionally disabled adults;
(10) "Inpatient hospice," any facility which is not part of a hospital or nursing home which is
maintained and operated for the express or implied purpose of providing all levels of
hospice care to terminally ill individuals on a twenty-four hour per day basis; and
(11) "Residential hospice," any facility which is not part of a hospital or nursing home which
is maintained and operated for the express or implied purpose of providing custodial care
to terminally ill individuals on a twenty-four hour per day basis;
(12) Birth center," a homelike facility existing within a health care system with a program of
care designed in the wellness model of pregnancy and birth that provides family-centered
care for healthy women before, during, and after normal pregnancy, labor, and birth. ".
Moved by: Rave
Second by: Nygaard
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1183 AS AMENDED
Moved by: Nygaard
Second by: Romkema
Action: Prevailed by roll call vote. (11-0-2-0)
Voting Yes: Blake, Boomgarden, Conzet, Curd, Jensen, Lucas, Nygaard, Rave, Romkema,
Vanderlinde, Pitts
Excused: Iron Cloud III, Moser
HB 1204: authorize reasonable suspicion testing and prohibit the use of controlled
substances by welfare recipients.
Presented by: Representative Phil Jensen
Opponents: Deb Bowman, Department of Social Services
Emmett Reistroffer, Sioux Falls
Terrance Dosch, SD Council of Mental Health Centers
Dave Gerdes, SD State Medical Association
MOTION: TO TABLE HB 1204
Moved by: Curd
Second by: Rave
Action: Prevailed by roll call vote. (11-0-2-0)
Voting Yes: Blake, Boomgarden, Conzet, Curd, Jensen, Lucas, Nygaard, Rave, Romkema,
Vanderlinde, Pitts
Excused: Iron Cloud III, Moser
MOTION: ADJOURN
Moved by: Curd
Second by: Rave
Action: Prevailed by voice vote.
Joshua Klumb
____________________________
Committee Secretary
Carol A. Pitts, Chair
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