87th Legislative Session _ 2012
Committee: Senate Health and Human Services
Friday, January 13, 2012
P - Present
E - Excused
A - Absent
Roll Call
P Bradford
P Holien
E Krebs
P Rampelberg
P Schlekeway
P Kraus, Vice-Chair
P Hunhoff (Jean), Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Jean Hunhoff, Chair.
MOTION: TO APPROVE THE MINUTES OF WEDNESDAY, JANUARY 11, 2012
Moved by: Rampelberg
Second by: Kraus
Action: Prevailed by voice vote.
Health Insurance Exchange Workgroup Presentation:
Matt Michels, Lieutenant Governor
Lieutenant Governor Introduced:
Kea Warne, Planning Grant Project Manager, Office of the Governor
Eric Matt, Office of the Governor
GAVEL PASSED TO SENATOR ELIZABETH KRAUS, VICE CHAIR
SB 2: repeal and to make style and form revisions to certain provisions related to
the Department of Human Services.
Presented by: Senator Jean Hunhoff
Proponents: Laurie Gill, Department of Human Services
MOTION: DO PASS SB 2
Moved by: Schlekeway
Second by: Holien
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Bradford, Holien, Rampelberg, Schlekeway, Kraus, Hunhoff (Jean)
Excused: Krebs
MOTION: PLACE SB 2 ON CONSENT CALENDAR
Moved by: Hunhoff (Jean)
Second by: Holien
Action: Prevailed by voice vote.
GAVEL PASSED BACK TO SENATOR JEAN HUNHOFF, CHAIR
SB 21: repeal and revise certain outdated provisions relating to the Department of
Human Services.
Presented by: Laurie Gill, Department of Human Services
MOTION: AMEND SB 21
21sa
On page 3, after line 2 of the printed bill, insert:
" Section 6. That § 36-9-28 be amended to read as follows:
36-9-28. This chapter does not prohibit:
(1) Any nursing assistance in an emergency;
(2) The practice of nursing included in a program of study by a student enrolled in an
approved program for the preparation of registered nurses or licensed practical nurses;
(3) The practice of a legally qualified nurse from another state employed by the United States
government and performing her official duty in this state;
(4) Gratuitous care of friends or members of the family;
(5) Domestic administration of family remedies, or care of the sick by domestic servants,
housekeepers, companions or household aides of any type, whether employed regularly
or because of an emergency or illness, but who shall not in any way assume to practice
nursing as defined in this chapter;
(6) The nursing or care of the sick, with or without compensation, when done in connection
with the practice of the religious tenets of any church by adherents thereof, so long as they
do not engage in the practice of nursing as defined in this chapter;
(7) The practice of nursing in this state by a nurse currently licensed in another state or
territory whose employment requires her to accompany and care for a patient in South
Dakota during one such employment not to exceed three months in length; provided,
however, that such person shall not hold herself out to be licensed in this state;
(8) The practice of the functions of a certified registered nurse anesthetist by a registered
nurse enrolled as a student in an approved program for the preparation of certified
registered nurse anesthetists;
(9) The practice of nursing in this state by a nurse currently licensed in another state, territory
or foreign country who is present in this state to lecture relative to the practice of nursing
for a period of not more than five days;
(10) The administration of medications, other than by the parenteral route, by staff of
community support providers, group homes, and supervised apartments certified or
approved by the Department of Social Services Department of Human Services, when
under the supervision of a licensed registered nurse. The Department of Social Services
Department of Human Services, in consultation with the South Dakota Board of Nursing,
shall promulgate rules pursuant to chapter 1-26 for administration of medications by such
staff;
(11) The assistance with or performance of bowel and bladder care, other than the insertion or
removal of suprapubic and foley catheters, by domestic servants, housekeepers,
companions or household aides, at the direction of a person needing such care who resides
independently outside of any hospital, nursing or health care facility or other similar
institutional setting;
(12) The administration of medications, other than by the parenteral route, by staff of
community mental health centers, community mental health residential facilities, and
community support services programs certified or approved by the Department of Social
Services. The administration of medications shall be under the direct or indirect
supervision of a registered nurse. The Department of Social Services and the South
Dakota Board of Nursing shall promulgate rules pursuant to chapter 1-26 for
administration of medications by such staff;
(13) The services performed in accordance with § 28-8A-10 by a personal attendant when
acting at the direction of a person with a disability.;
(14) The practice of nursing included in a program of study by a registered nurse enrolled in
an approved program for the preparation of a clinical nurse specialist. ".
Moved by: Schlekeway
Second by: Kraus
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Bradford, Holien, Rampelberg, Schlekeway, Kraus, Hunhoff (Jean)
Excused: Krebs
MOTION: DO PASS SB 21 AS AMENDED
Moved by: Bradford
Second by: Schlekeway
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Bradford, Holien, Rampelberg, Schlekeway, Kraus, Hunhoff (Jean)
Excused: Krebs
MOTION: ADJOURN
Moved by: Rampelberg
Second by: Kraus
Action: Prevailed by voice vote.
Cindy Louder
____________________________
Committee Secretary
Jean M. Hunhoff, Chair
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