72nd Legislative Session -- 1997
Committee: Senate Health and Human Services
Wednesday, February 12, 1997
P - Present
E - Excused
A - Absent
Roll Call
P
Albers
P
Halverson
P
Kloucek
P
Lawler
P
Olson
P
Brown (Arnold), Vice-Chair
P
Dunn (Jim), Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Dunn (Jim)
MOTION:
TO APPROVE THE MINUTES OF Meeting on January 3, 1997
Moved by:
Senator Albers
Second by:
Senator Halverson
Action:
Prevailed by voice vote.
SB 79:
to repeal the licensure requirement to sell certain poisons.
Proponents:
Galen Jordre, SD Board of Pharmacy
MOTION:
TO TABLE SB 79
Moved by:
Senator Halverson
Second by:
Senator Olson
Action:
Prevailed by roll call vote.
(6-0-1-0)
Voting yes:
Albers, Halverson, Kloucek, Lawler, Olson, Dunn (Jim)
Excused:
Brown (Arnold)
SB 213:
to make certain legislative findings concerning the case of Knowles vs.
United States and to clarify its application to certain practitioners of the healing arts
and their employers.
Proponents:
Senator Olson, Prime Sponsor
MOTION:
AMEND SB 213
Delete the previous approved amendment q-213b
q-213e
On page
1
,
line
8 of the printed bill
,
overstrike everything after “
The
“
.
On page
1
,
overstrike lines
9
to
11
, inclusive
.
On page
2
,
line
1
,
delete "
medical
"
.
On page
2
,
line
2
,
remove the overstrikes from "
chiropractor,
"
.
On page
2
,
line
4
,
after "
anesthetist,
"
insert "
clinical nurse specialist,
"
.
On page
2
,
line
11
,
remove the overstrikes from everything after the ".".
On page
2
,
remove the overstrikes from line
12
.
On page
2
,
line
12
,
delete "
1989
"
and insert "
1978
"
.
Moved by:
Senator Olson
Second by:
Senator Halverson
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 213 AS AMENDED
Moved by:
Senator Olson
Second by:
Senator Halverson
Action:
Prevailed by roll call vote.
(6-0-1-0)
Voting yes:
Albers, Halverson, Kloucek, Lawler, Olson, Dunn (Jim)
Excused:
Brown (Arnold)
HB 1079:
to repeal requirements for health care providers to report capital
expenditures in excess of one hundred thousand dollars.
Proponents:
Representative Eccarius
Joan Adam, Dept of Health
MOTION:
DO PASS HB 1079
Moved by:
Senator Olson
Second by:
Senator Halverson
Action:
Prevailed by roll call vote.
(6-0-1-0)
Voting yes:
Albers, Halverson, Kloucek, Lawler, Olson, Dunn (Jim)
Excused:
Brown (Arnold)
SB 196:
to provide for civil enforcement of statutes against assisted suicide.
Proponents:
Senator Lawler, Prime Sponsor
Kelly Krizan, M.D., Chief of Staff, St. Marys Hospital
Dave Gerdes, SD State Medical Association
Holly Hoing, Executive Director, Country Side Hospice
Dick Reding, SD Health Care Association
Representative Roger Hunt
Representative Helena Hassard
Jim Mason, Catholic Diocese
MOTION:
AMEND SB 196
r-196
On page
1 of the printed bill
,
delete lines
4
to
10
, inclusive
.
On page
2
,
line
1
,
after "
dispensed
"
insert "
with a purpose
"
.
On page
2
,
line
2
,
after "
,
"
insert "
in compliance with chapter 34-12D or in accordance with
reasonable medical practice,
"
.
On page
2
,
line
3
,
delete "
as defined in subdivision 34-12D-1(4),
"
.
On page
2
,
line
15
,
delete "
section 4
"
and insert "
section 2
"
.
On page
2
,
line
18
,
delete "
Any person described in subdivision (4) of section 4 of this Act,
"
.
On page
2
,
delete line
19
.
On page
2
,
line
20
,
delete "
for a civil penalty of up to fifty thousand dollars on behalf of the
state.
"
.
On page
2
,
line
24
,
delete "
section 4 or 5
"
and insert "
section 2 or 3
"
.
On page
2
,
after line
24
,
insert:
"
Section 5. Any court shall notify the appropriate licensing board in any case in which a
licensed health care professional:
(1) Is convicted of a violation of
§
22-16-37;
(2) Has been cited for contempt of court for violating an injunction issued under section 2 of
this Act; or
(3) Has been subject to an assessment of damages under section 3 of this Act.
"
On page
3
,
line
1
,
delete "
shall
"
and insert "
may, subject to the procedures set out in Title 36,
"
.
On page
3
,
line
5
,
delete "
4
"
and insert "
2
"
.
On page
3
,
line
6
,
delete "
section 5
"
and insert "
section 3
"
.
On page
3
,
after line
6
,
insert:
"
Section 7. For the purposes of this Act, the term, licensed health care professional, means any
physician, surgeon, podiatrist, osteopath, physician assistant, nurse, dentist, or pharmacist licensed
pursuant to Title 36.
"
Moved by:
Senator Halverson
Second by:
Senator Olson
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 196 AS AMENDED
Moved by:
Senator Halverson
Second by:
Senator Olson
Action:
Prevailed by roll call vote.
(6-0-1-0)
Voting yes:
Halverson, Kloucek, Lawler, Olson, Brown (Arnold), Dunn (Jim)
Excused:
Albers
MOTION:
PLACE SB 196 ON CONSENT
Moved by:
Senator Olson
Second by:
Senator Halverson
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Senator Olson
Second by:
Senator Kloucek
Action:
Prevailed by voice vote.
Doris J. Donner
_________________________________
Committee Secretary
Jim B. Dunn, Chair
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