73rd Legislative Session -- 1998

Committee: House Health and Human Services

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Belatti
P      Davis
P      Eccarius
P      Fischer-Clemens
P      Hagen
P      Hassard
P      Kazmerzak
P      Madden
P      Peterson (Bill)
P      Van Gerpen
P      Windhorst
P      Monroe, Vice-Chair
P      Fiegen, Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Kristie Fiegen, Chair.

MOTION:      TO APPROVE THE MINUTES OF February 2, 1998.

Moved by:      Representative Madden
Second by:      Representative Belatti
Action:      Prevailed by voice vote.

          HB 1244:   to revise certain provisions relating to the practice of pharmacy.

Presented by:      Rep. Duenwald

MOTION:      AMEND HB 1244

j-1244

     On page 1 , line 9 of the printed bill , delete " , as a matter of conscience, " .

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     On page 1 , line 10 , after " grounds. " insert " If there is no pharmacist on the premises who will perform the act or omit the performance of the act, the pharmacist shall contact the prescribing physician with regard to the pharmacist's objection so that the prescribing physician may consider alternatives or other arrangements. " .

     On page 1 , line 10 , delete " a claim of conscience " and insert " grounds " .

Moved by:      Representative Kazmerzak
Second by:      Representative Van Gerpen
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1244 AS AMENDED

Moved by:      Representative Van Gerpen
Second by:      Representative Hassard
Action:      Prevailed by roll call vote.   (10-3-0-0)

Voting yes:      Belatti, Davis, Eccarius, Fischer-Clemens, Hassard, Kazmerzak, Madden, Van Gerpen, Monroe, Fiegen

Voting no:      Hagen, Peterson (Bill), Windhorst

MOTION:      RECONSIDER HB 1162 AT THE NEXT MEETING.

Moved by:      Representative Monroe
Second by:      Representative Van Gerpen
Action:      Prevailed by roll call vote.   (7-6-0-0)

Voting yes:      Belatti, Eccarius, Hassard, Kazmerzak, Madden, Van Gerpen, Monroe

Voting no:      Davis, Fischer-Clemens, Hagen, Peterson (Bill), Windhorst, Fiegen

    Chair deferred HB1162 to February 6, 1998.

MOTION:      DEFER HB 1258 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Eccarius
Second by:      Representative Peterson (Bill)
Action:      Prevailed by roll call vote.   (9-4-0-0)

Voting yes:      Belatti, Eccarius, Hassard, Kazmerzak, Madden, Peterson (Bill), Van Gerpen, Windhorst, Monroe

Voting no:      Davis, Fischer-Clemens, Hagen, Fiegen

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          HB 1313:   to authorize the transfer of bodies buried in one part of a cemetery to another part without a disinterment permit.

Proponents:      George Valentine, Pierre, Hills of Rest Memorial Park
         
Opponents:      None
Presented by:      Rep. Hunt

MOTION:      AMEND HB 1313

j-1313

     On page 1 , line 6 of the printed bill , after " service " insert " or from an owner, operator, or manager of a cemetery " .

     On page 1 , line 16 , remove the overstrikes from " not " .

Moved by:      Representative Peterson (Bill)
Second by:      Representative Madden
Action:      Prevailed by roll call vote.   (10-2-1-0)

Voting yes:      Belatti, Eccarius, Fischer-Clemens, Hagen, Hassard, Madden, Van Gerpen, Windhorst, Monroe, Fiegen

Voting no:      Davis, Kazmerzak

Excused:      Peterson (Bill)

MOTION:      DO PASS HB 1313 AS AMENDED

Moved by:      Representative Madden
Second by:      Representative Hagen
Action:      Prevailed by roll call vote.   (10-2-1-0)

Voting yes:      Belatti, Eccarius, Fischer-Clemens, Hagen, Hassard, Madden, Van Gerpen, Windhorst, Monroe, Fiegen

Voting no:      Davis, Kazmerzak

Excused:      Peterson (Bill)

MOTION:      TO AMEND TITLE OF HB 1313

j-1313t

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     On page 1 , line 1 of the printed bill , delete everything after " to " and insert " allow an owner, operator, or manager of a cemetery to apply for a disinterment permit. " .

     On page 1 , delete line 2 .

Moved by:      Representative Eccarius
Second by:      Representative Van Gerpen
Action:      Prevailed by voice vote.

          HB 1122:   to affirm the right of family members to assist in certain births.

Proponents:      Emily Stiegelmeier, Selby, SD Safe Childbirth Options
          Lori Sletten, Irene, self
         
Opponents:      None
Presented by:      Rep. Hunt

MOTION:      DO PASS HB 1122

Moved by:      Representative Van Gerpen
Second by:      Representative Madden
Action:      Prevailed by roll call vote.   (9-4-0-0)

Voting yes:      Belatti, Fischer-Clemens, Hagen, Hassard, Madden, Van Gerpen, Windhorst, Monroe, Fiegen

Voting no:      Davis, Eccarius, Kazmerzak, Peterson (Bill)

          HB 1123:   to affirm the right of a parent to have a child born without consulting or utilizing a practitioner of the healing art.

Proponents:      Emily Stiegelmeier, Selby, SD Safe Childbirth Options
          Lori Sletten, Irene, self
          Sherry Smith, Mobridge, self
         
Opponents:      Dave Gerdes, Pierre, Attorney, SD State Medical Assn.
         
Presented by:      Rep. Hunt

MOTION:      AMEND HB 1123

r-1123

     On page 1 , line 6 of the printed bill , delete " Nothing " and insert " Inasmuch as childbirth is the natural outcome of conception and is neither an illness nor a disease, nothing " .

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Moved by:      Representative Monroe
Second by:      Representative Madden
Action:      Failed by voice vote.

MOTION:      AMEND HB 1123

j-1123

     On page 1 , line 7 of the printed bill , after " arts. " insert " However, if a parent consults or utilizes a practitioner of the healing arts, the parent shall consult or utilize a licensed practitioner authorized to assist in childbirth or give consultation concerning childbirth. " .

Moved by:      Representative Fischer-Clemens
Second by:      Representative Peterson (Bill)
Action:      Failed by roll call vote.   (5-8-0-0)

Voting yes:      Fischer-Clemens, Hagen, Hassard, Peterson (Bill), Fiegen

Voting no:      Belatti, Davis, Eccarius, Kazmerzak, Madden, Van Gerpen, Windhorst, Monroe

MOTION:      DEFER HB 1123 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Hassard
Second by:      Representative Eccarius
Action:      Prevailed by roll call vote.   (10-3-0-0)

Voting yes:      Belatti, Davis, Eccarius, Fischer-Clemens, Hagen, Hassard, Kazmerzak, Madden, Peterson (Bill), Fiegen

Voting no:      Van Gerpen, Windhorst, Monroe

          HB 1302:   to provide for and to regulate the practice of independent midwifery.

Proponents:      Bridget Dinnel, Sioux Falls, self
          Emily Stiegelmeier, Selby, SD Safe Childbirth Options
          Jim Stiegelmeier, Selby, self
          Darrel Smith, Mobridge, self
          Lori Sletten, Irene, self
         
Presented by:      Rep. Koskan

MOTION:      AMEND HB 1302

f-1302d

     On the printed bill, delete everything after the enacting clause and insert:

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"      Section  1.  Any person who offers services as a certified professional midwife shall meet the minimum general application requirements and be certified by the North American Registry of Midwives as a certified professional midwife. The acceptance of the certified professional midwife certification process for the purposes of this Act is contingent upon the review and approval of the North American Registry of Midwives process by the Department of Health. The minimum general application requirements for the certified professional midwife are:

             (1)    Attendance at a minimum of twenty births as an active participant;

             (2)    Attendance at a minimum of twenty births in addition to subdivision (1) of this section, functioning in the role of primary midwife under supervision;

             (3)    Completion of seventy-five prenatal exams, twenty newborn exams, and forty postpartum exams;

             (4)    Certification in cardiopulmonary resuscitation; and

             (5)    Completion of ten hours of continuing education each year.
     The certified professional midwife shall demonstrate continuing competency by renewing the certified professional midwife certification every three years. Any person who offers services as a certified professional midwife under this Act is exempt from the provisions of chapters 36-2, 36-4, 36-4A, 36-4B, 36-9, 36-9A, and 36-9B. Such person shall be reviewed twice each year through a semiannual review by the Board of Certified Professional Midwives. The Board of Certified Professional Midwives shall review the registration of a midwife for any case involving mortality or morbidity at the board's next meeting. Any person who offers services as a midwife without meeting the requirements of this section is guilty of a Class 2 misdemeanor.

     Section  2.  Any person rendering services as a certified professional midwife shall have each client sign and date an informed consent agreement in a form prescribed by the Board of Certified Professional Midwives and shall keep such consent form on file for a period of three years. The informed consent agreement shall include a description of the midwife's education, training, and experience in midwifery; a statement recommending that the client have an alternative plan with a physician who has seen the client during the current pregnancy; a statement concerning the availability of grievance process; and other criteria as may be prescribed by the Board of Certified Professional Midwives. A violation of this section is a Class 2 misdemeanor.

     Section  3.  Nothing in this Act limits the right of any hospital to determine who may have practice privileges within the hospital.

     Section  4.  Any physician, certified nurse midwife, or hospital providing medical care or treatment to a woman or infant due to an emergency arising during childbirth, as a consequence of the care received by a certified professional midwife, may not be held liable for any civil damages as a result of such medical care or treatment unless the damages result from providing or failing to provide medical care or treatment under circumstances demonstrating a reckless disregard for the consequences and affecting the life or health of the woman or infant.

     Section  5.  The Governor shall appoint a Board of Certified Professional Midwives composed of five members as follows:

             (1)    Three midwives, one of the midwives may be a certified nurse midwife;

             (2)    A person who has used a midwife during birth; and

             (3)    A representative of the Department of Health selected by the secretary.

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     The board members described in subdivisions (1) and (2) shall serve a term of three years, except the initial appointees whose terms shall be staggered so that no more than two members' terms expire in any one year. If a vacancy occurs, the Governor shall appoint a person to fill the unexpired term.

     Section  6.  The Board of Certified Professional Midwives may promulgate rules pursuant to chapter 1-26 relating to midwives in the following areas:

             (1)      Registration of midwives;

             (2)      Registration and renewal fees;

             (3)      Definition of terms;

             (4)      Continuing education;

             (5)      Complaints and grounds for disciplinary actions including revocation or suspension of the midwife's registration;

             (6)      Retention and inspection of records;

             (7)    The form of the consent form to be signed by each client; and

             (8)    Other criteria to be listed on the consent form.

     Section  7.  Any money received by the Department of Health pursuant to this Act shall be deposited in the general fund. "

Moved by:      Representative Peterson (Bill)
Second by:      Representative Fischer-Clemens
Action:      Was not acted on.

MOTION:      ADJOURN

Moved by:      Representative Peterson (Bill)
Second by:      Representative Fischer-Clemens
Action:      Prevailed by voice vote.

Beverly Jennings

Committee Secretary