86th Legislative Session _ 2011

Committee: Senate Health and Human Services
Wednesday, January 19, 2011

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Hunhoff (Jean), Chair
P    Kraus, Vice-Chair
E    Rave
P    Holien
P    Krebs
P    Schlekeway
P    Bradford

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Jean Hunhoff, Chair.

MOTION:    TO APPROVE THE MINUTES OF FRIDAY, JANUARY 14, 2011

Moved by:    Krebs
Second by:    Schlekeway
Action:    Prevailed by voice vote.

        SB 14: require the mandatory reporting of abuse or neglect of elderly or disabled adults.

Presented by:    Dan Todd, Department of Social Services
Proponents:    Sam Wilson, AARP, Sioux Falls
        Dianna Miller, SD Network Against Family Violence & Sexual Assault
        Kenneth Senger, SD Association of Healthcare Organizations
        Mark Deak, SD Health Care Association

MOTION:    AMEND SB 14

14ja

    On page 1, line 9, of the printed bill, delete everything after "technician," and insert "social worker,".

    On page 1, line 10, delete everything before "or any".

    On page 1, delete lines 12 to 14, inclusive.

    On page 1, line 15, delete "(3)" and insert "(2)".

    On page 2, line 1, delete "(4)" and insert "(3)".

    On page 2, line 1, after "Psychologist," insert "licensed".

    On page 2, line 1, after "counselor" insert "engaged in professional counseling".

    On page 2, line 2, delete "(5)" and insert "(4)".

    On page 2, line 4, delete "immediately" and insert ", within twenty-four hours,".

    On page 2, delete lines 8 to 10, inclusive, and insert:
"
    Section 2. That chapter 22-46 be amended by adding thereto a NEW SECTION to read as follows:

    Any staff member of a nursing facility, assisted living facility, adult day care center, or community support provider, or any residential care giver, individual providing homemaker services, victim advocate, or hospital personnel engaged in the admission, examination, care, or treatment of elderly or disabled adults who knows, or has reasonable cause to suspect, that an elderly or disabled adult has been or is being abused or neglected, shall, within twenty-four hours, notify the person in charge of the institution where the elderly or disabled adult resides or is present, or the person in charge of the entity providing the service to the elderly or disabled adult, of the suspected abuse or neglect. The person in charge shall report the information in accordance with the provisions of section 1 of this Act. Any person who knowingly fails to make the required report is guilty of a Class 1 misdemeanor.

    Section 3. That chapter 22-46 be amended by adding thereto a NEW SECTION to read as follows:

    Any person who knows or has reason to suspect that an elderly or disabled adult has been abused or neglected as defined in § 22-46-2 or 22-46-3 may report that information, regardless of whether that person is one of the mandatory reporters listed in this Act.".


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

Voting Yes:    Hunhoff (Jean), Kraus, Holien, Krebs, Schlekeway, Bradford

Excused:    Rave

MOTION:    DO PASS SB 14 AS AMENDED

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

Voting Yes:    Hunhoff (Jean), Kraus, Holien, Krebs, Schlekeway, Bradford

Excused:    Rave

        SB 15: revise the definition of accredited prevention or treatment facilities and to authorize the Division of Drug and Alcohol Abuse to inspect these facilities and access their records.

Presented by:    Gilbert Sudbeck, Department of Human Services

MOTION:    DO PASS SB 15

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

Voting Yes:    Hunhoff (Jean), Kraus, Holien, Krebs, Schlekeway, Bradford

Excused:    Rave

        SB 16: authorize licensure of persons graduating from social work programs that are in candidacy status.

Presented by:    Steve Lindquist, Board of Social Workers
Proponents:    Terrance Dosch, SD Council of Mental Health Centers
        Dennis Pfrimmer, Self, Pierre

MOTION:    DO PASS SB 16

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

Voting Yes:    Hunhoff (Jean), Kraus, Holien, Krebs, Schlekeway, Bradford

Excused:    Rave

MOTION:    ADJOURN

Moved by:    Kraus
Second by:    Schlekeway
Action:    Prevailed by voice vote.

Cindy Louder

____________________________

Committee Secretary
Jean M. Hunhoff, Chair


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