74th Legislative Session -- 1999
Committee: House Health and Human Services
Friday, February 12, 1999
P - Present
E - Excused
A - Absent
Roll Call
P
Broderick
E
Davis
P
Engbrecht
P
Hanson
P
Hennies
P
McCoy
P
Patterson
P
Peterson
P
Sebert
P
Windhorst
P
Monroe, Vice-Chair
P
Fiegen, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Fiegen
MOTION:
TO APPROVE THE MINUTES OF PREVIOUS MEETING
Moved by:
Representative Broderick
Second by:
Representative McCoy
Action:
Prevailed by voice vote.
HB 1222:
regulate mobile health evaluation and screening providers.
Presented by:
Representative Fischer-Clemens
MOTION:
DEFER HB 1222 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Broderick
Second by:
Representative McCoy
Action:
Prevailed by roll call vote.
(8-1-3-0)
Voting yes:
Broderick, Engbrecht, Hanson, McCoy, Patterson, Windhorst, Monroe, Fiegen
Voting no:
Sebert
Excused:
Davis, Hennies, Peterson
HB 1223:
allow access to a deceased person's medical record.
Proponents:
Dave Hewitt, SD Health Care Assoc.
Chris VandenBos, Health Information, St. Mary's Hospital
Representative Michels
Presented by:
Representative Fischer-Clemens
MOTION:
AMEND HB 1223
j-1223
On page
2
,
line
5 of the printed bill
,
delete "
In the case of a deceased patient
"
and insert "
If a
personal representative of a deceased patient has not been appointed
"
.
Moved by:
Representative Broderick
Second by:
Representative Peterson
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1223 AS AMENDED
Moved by:
Representative Broderick
Second by:
Representative Patterson
Action:
Prevailed by roll call vote.
(10-0-2-0)
Voting yes:
Broderick, Engbrecht, Hanson, Hennies, McCoy, Patterson, Peterson, Sebert, Monroe,
Fiegen
Excused:
Davis, Windhorst
MOTION:
PLACE HB 1223 ON CONSENT
Moved by:
Representative McCoy
Second by:
Representative Broderick
Action:
Prevailed by voice vote.
HB 1280:
enact the Uniform Anatomical Gift Act.
Presented by:
Representative Wilson
The Chair deferred HB 1280 until Wednesday, February 17, 1999.
HB 1282:
revise the confientiality related to certain patient records.
Proponents:
Dave Gerdes, SD. Medical Assoc.
Dave Hewitt, SD Assoc. Health Care Organizations
Jeremiah Murphy, Avera Health
Opponents:
Terry Quinn, Attorney, Self
MOTION:
AMEND HB 1282
j-1282a
On the printed bill,
delete everything after the enacting clause and insert:
"
Section 1. That
§
36-4-26.2
be amended to read as follows:
36-4-26.2.
Section 36-4-26.1
applies neither to facts associated with a patient's treatment and care
nor to patient records prepared in conjunction with
does not apply to observations made at the time of
treatment by a health care professional present during the patient's treatment or to patient records
prepared during the
treatment and care rendered to a patient who is
personally or by personal
representative
a party to an action or proceeding, the subject matter of which is the care and treatment
of the patient. Furthermore,
after the notification of adverse parties as hereinafter provided,
§
36-4-26.1
does not apply to the proceedings, records, reports, statements, minutes, or other data of any
no member
of any
committee, department, section, board of directors, or group covered by
§
36-4-26.1,
in so far as
they relate to the statements or opinions of a member thereof made or rendered at its meeting, if the
member is called as a witness on behalf of any party in an action involving the quality, type, or necessity
of such care rendered. However:
(1)
Such information may only be used to impeach the testimony of such witness; and
(2)
Such witness may not testify unless the party calling the witness has notified all adverse
parties to the action at least thirty days before trial of the person's intention to use such
witness
who has participated in deliberations under that section involving the subject matter
of the action, may testify as an expert witness for any party in any action for personal injury
or wrongful death, the subject matter of which is the care and treatment of the patient
.
"
Moved by:
Representative Peterson
Second by:
Representative McCoy
Action:
Prevailed by voice vote.
MOTION:
DEFER HB 1282 UNTIL Wednesday, February 17, 1999
Moved by:
Representative Hennies
Second by:
Representative Peterson
Action:
Failed by voice vote.
MOTION:
DO PASS HB 1282 AS AMENDED
Moved by:
Representative Sebert
Second by:
Representative Windhorst
Action:
Failed by roll call vote.
(6-5-1-0)
Voting yes:
Hennies, McCoy, Sebert, Windhorst, Monroe, Fiegen
Voting no:
Broderick, Engbrecht, Hanson, Patterson, Peterson
Excused:
Davis
MOTION:
SUBSTITUTE MOTION TO TABLE HB 1282
Moved by:
Representative Broderick
Second by:
Representative Peterson
Action:
Failed by roll call vote.
(5-6-1-0)
Voting yes:
Broderick, Engbrecht, Hanson, Patterson, Peterson
Voting no:
Hennies, McCoy, Sebert, Windhorst, Monroe, Fiegen
Excused:
Davis
The Chair deferred HB 1282 until Wednesday, February 17, 1999.
HB 1008:
require a managed care plan to contract with any provider willing to meet
the terms and conditions of the plan.
Presented by:
Representative Hunt
MOTION:
SUBSTITUTE MOTION DEFER HB 1008 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Peterson
Second by:
Representative Sebert
Action:
Failed by roll call vote.
(6-5-1-0)
Voting yes:
Broderick, Hanson, Hennies, McCoy, Peterson, Fiegen
Voting no:
Engbrecht, Patterson, Sebert, Windhorst, Monroe
Excused:
Davis
MOTION:
TO TABLE HB 1008
Moved by:
Representative Peterson
Second by:
Representative Broderick
Action:
Prevailed by roll call vote.
(7-4-1-0)
Voting yes:
Broderick, Hanson, Hennies, McCoy, Peterson, Sebert, Fiegen
Voting no:
Engbrecht, Patterson, Windhorst, Monroe
Excused:
Davis
MOTION:
ADJOURN
Moved by:
Representative Hanson
Second by:
Representative Broderick
Action:
Prevailed by voice vote.
Doris J. Donner
_________________________________
Committee Secretary
Kristie K. Fiegen, Chair
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