92
nd Legislative Session _ 2017
Committee: House Health and Human Services
Thursday, January 19, 2017
P - Present
E - Excused
A - Absent
Roll Call
P Campbell
P Clark
E Conzet
E DiSanto
P Haugaard
P Holmes
P McCleerey
P McPherson
P Rounds
P Soli
P York
P Heinemann, Vice-Chair
P Steinhauer, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Steinhauer, Chairman.
MOTION: TO APPROVE THE MINUTES OF JANUARY 17, 2017
Moved by: Rounds
Second by: McPherson
Action: Prevailed by voice vote.
HB 1002: require the Department of Health and Department of Social Services to make an
annual report to the Legislature regarding the condition of long-term health care in South
Dakota.
THE CHAIR DEFERRED HB 1002 UNTIL ANOTHER DAY
HB 1004: establish a program to assist nursing and assisted living facilities in recruiting
certain health care personnel.
Presented by: Representative Soli
Proponents: Mark Deak, South Dakota Health Care Association (Handouts: #1)
Debra Owen, South Dakota Association of Healthcare Organizations (Handouts: #2)
Deb Fischer-Clemens, Avera Health
Opponents: Mark Quasney, Bureau of Finance and Management
MOTION: DEFER HB 1004 TO THE 41
ST LEGISLATIVE DAY
Moved by: Rounds
Second by: Haugaard
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DO PASS HB 1004
Moved by: Soli
Second by: York
Action: Failed by roll call vote. (5-6-2-0)
Voting Yes: Holmes, McCleerey, Soli, York, Steinhauer
Voting No: Campbell, Clark, Haugaard, McPherson, Rounds, Heinemann
Excused: Conzet, DiSanto
MOTION: SUBSTITUTE MOTION REFER HB 1004 TO COMMITTEE ON
APPROPRIATIONS WITH NO RECOMMENDATIONS
Moved by: Rounds
Second by: Clark
Action: Prevailed by roll call vote. (10-1-2-0)
Voting Yes: Campbell, Clark, Holmes, McCleerey, McPherson, Rounds, Soli, York, Heinemann,
Steinhauer
Voting No: Haugaard
Excused: Conzet, DiSanto
HB 1040: license and regulate community living homes.
Presented by: Tom Martinec, Department of Health (Handouts: #3)
MOTION: AMEND HB 1040
1040ca
On page 3, line 21, of the printed bill, after "living" insert "supports for".
Moved by: Rounds
Second by: McCleerey
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1040 AS AMENDED
Moved by: Soli
Second by: McPherson
Action: Prevailed by roll call vote. (10-1-2-0)
Voting Yes: Campbell, Clark, Holmes, McCleerey, McPherson, Rounds, Soli, York, Heinemann,
Steinhauer
Voting No: Haugaard
Excused: Conzet, DiSanto
HB 1043: revise certain provisions relating to the practice of pharmacy.
Presented by: Kari Shanard-Koenders, Board of Pharmacy
MOTION: TO TABLE HB 1043
Moved by: Soli
Second by: McCleerey
Action: Prevailed by roll call vote. (11-0-2-0)
Voting Yes: Campbell, Clark, Haugaard, Holmes, McCleerey, McPherson, Rounds, Soli, York,
Heinemann, Steinhauer
Excused: Conzet, DiSanto
HB 1044: revise certain provisions regarding wholesale drug distributors, to provide for
licensure and regulation of outsourcing facilities for certain drugs, and to establish a fee for
licensure of outsourcing facilities.
Presented by: Kari Shanard-Koenders, Board of Pharmacy (Handouts: #4)
Others: Drew Duncan, Pharmaceutical Research and Manufacturers of America
MOTION: AMEND HB 1044
1044cd
On page 2, line 22, of the printed bill, delete "United States".
On page 2, line 22, overstrike "Food and Drug".
On page 2, overstrike line 23.
On page 2, line 24, overstrike everything before ";" and insert "DSCSA".
On page 7, line 24, overstrike everything before "persons" and insert "As used in this chapter,
the term, distribution, means the sale, purchase, trade, delivery, handling, storage, or receipt of a
product".
On page 8, line 1, delete everything before "." and insert "other than a consumer or patient".
On page 12, line 5, overstrike "wholesale".
On page 13, line 8, overstrike everything after "person" and insert "other than a manufacturer,
a manufacturer's co-licensed partner, a third-party logistics provider or repackager, engaged in
wholesale distribution".
On page 13, overstrike lines 9 to 11, inclusive.
On page 13, delete line 12, and insert "wholesale drug traders; speciality wholesale distributors;
third party logistics providers; retail".
On page 13, overstrike lines 13 and 14.
On page 13, delete line 15, and insert "normal distribution channel such wholesale distributor
must also be an authorized".
On page 13, line 16, overstrike everything before "." .
On page 16, delete lines 1 to 21, inclusive, and insert:
" Section 21. That § 36-11A-39 be repealed.
36-11A-39. Each person who is engaged in wholesale distribution of prescription drugs,
including repackagers, but excluding the original manufacturer of the finished form of the
prescription drug that leave, or have ever left, the normal distribution channel shall, before each
wholesale distribution of such drug, provide a pedigree to the person who receives such drug.
A retail pharmacy or chain pharmacy warehouse shall comply with the requirements of this
section only if the pharmacy or chain pharmacy warehouse engages in wholesale distribution of
prescription drugs, as defined in § 36-11A-26.
Section 22. That § 36-11A-40 be repealed.
36-11A-40. The board shall determine by July 1, 2009, a targeted implementation date for
electronic track and trace pedigree technology. Such a determination shall be based on consultation
with manufacturers, distributors, and pharmacies responsible for the sale and distribution of
prescription drug products in this state. After consultation with interested stakeholders and prior to
implementation of the electronic pedigree, the board shall determine that the technology is
universally available across the entire prescription pharmaceutical supply chain. The implementation
date for the mandated electronic track and trace pedigree technology shall be no sooner than July 1,
2010, and may be extended by the board in one year increments if it appears the technology is not
universally available across the entire prescription pharmaceutical supply chain. ".
Moved by: Rounds
Second by: McCleerey
Action: Prevailed by voice vote.
MOTION: AMEND HB 1044
1044cb
On page 1 of the printed bill, delete lines 7 to 9, inclusive, and insert:
"
(1) "Authentication," to affirmatively verify before any wholesale distribution of a
prescription drug occurs that each transaction listed on the pedigree has occurred;".
On page 17, line 3, overstrike "affirmatively verify" and insert "
,"and after "occurs" insert "
,
confirm".
On page 17, line 4, overstrike "each transaction listed on" and insert "it has received".
On page 17, line 5, overstrike "has occurred".
On page 19, line 21, overstrike "authenticate" and insert "verify".
Moved by: Heinemann
Second by: Campbell
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1044 AS AMENDED
Moved by: Rounds
Second by: Heinemann
Action: Prevailed by roll call vote. (11-0-2-0)
Voting Yes: Campbell, Clark, Haugaard, Holmes, McCleerey, McPherson, Rounds, Soli, York,
Heinemann, Steinhauer
Excused: Conzet, DiSanto
MOTION: ADJOURN
Moved by: McCleerey
Second by: Clark
Action: Prevailed by voice vote.
Pam Kean
____________________________
Committee Secretary
Wayne H. Steinhauer, Chair
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