74th Legislative Session -- 1999

Committee: House Health and Human Services

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Broderick
P      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 Davis
Second by:      Representative McCoy
Action:      Prevailed by voice vote.

MOTION:      Place SD54 on the Calendar

Moved by:      Representative Broderick
Second by:      Representative Peterson
Action:      Prevailed by roll call vote.   (12-0-0-0)

Voting yes:      Broderick, Davis, Engbrecht, Hanson, Hennies, McCoy, Patterson, Peterson, Sebert, Windhorst, Monroe, Fiegen

          SB 54:   revise certain provisions regarding the review of necessity of treatment for court-ordered administration of psychotropic medication.

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Proponents:      Lynn Valenti, DHS

MOTION:      AMEND THE AMENDMENT

j-54a

     On page 2 , after line 6 of the printed bill , insert:

"      Section 2. That § 27A-12-3.13 be amended to read as follows:

     27A-12-3.13.   The administrator or attending psychiatrist or facility director may petition the circuit court for the authority to administer psychotropic medication to an involuntarily committed patient if, in the opinion of after a personal examination , the administrator or facility director person's treating physician and the medical director or attending psychiatrist and the person's treating physician, believe psychotropic medication will be medically beneficial to the person and is necessary because:

             (1)      The person presents a danger to himself or others;

             (2)      The person cannot improve or his condition may deteriorate without the medication; or

             (3)      The person may improve without the medication but only at a significantly slower rate. "

Moved by:      Representative Broderick
Second by:      Representative Hanson
Action:      Prevailed by voice vote.

MOTION:      DO PASS SB 54 AS AMENDED

Moved by:      Representative Windhorst
Second by:      Representative Sebert
Action:      Prevailed by roll call vote.   (12-0-0-0)

Voting yes:      Broderick, Davis, Engbrecht, Hanson, Hennies, McCoy, Patterson, Peterson, Sebert, Windhorst, Monroe, Fiegen

MOTION:      PLACE SB 54 ON CONSENT

Moved by:      Representative Hennies
Second by:      Representative Windhorst
Action:      Prevailed by voice vote.

          SB 56:   revise the definition of a qualified mental health professional.

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Proponents:      Betty Oldenkamp, DHS
          Jeff Fox, Marital and Family Therapist
Opponents:      Kris Krieter, Blue Cross and Blue Shield
          Joni Clark, National Assocaition Social Workers
          Dave Hewitt, SD Health Care Assoc.

MOTION:      AMEND SB 56

j-56b

     On the Senate Health and Human Services committee engrossed bill, delete everything after the enacting clause and insert:

"     Section 1. That § 58-17-54 be amended to read as follows:

     58-17-54.   Notwithstanding any provision of any policy of insurance subject to the general provisions of this title, if a policy or contract provides for reimbursement for any service which may be legally performed by a person licensed in this state for the practice of medicine, surgery, anesthesia by a certified registered nurse anesthetist licensed under chapter 36-9, psychology, dentistry, osteopathy, social work by an independent social worker licensed under §  36-26-17, optometry, chiropractic , or podiatry, counseling by a licensed professional counselor -- mental health licensed under §  36-32-42, or therapy by a marriage and family therapist licensed under chapter 36- 33, the reimbursement under that policy or contract may not be denied if the service is rendered by a person so licensed. The provisions of this section apply to all practitioners licensed pursuant to chapters 36-4A and 36-9A after July 1, 1980, and to any plan of self-insurance for public employees. Reimbursement may be denied to a policyholder treating himself or herself or any member of his the policyholder's family residing in his the policyholder's household. However, reimbursement for durable medical equipment, pharmaceuticals , and prosthetic devices may not be denied if within policy coverages.

     No policy, certificate , or contract may exclude or limit reimbursement for any lawful diagnostic or treatment service by a licensee under chapter 36-5 if the exclusion or limitation is based wholly or in part on any requirement that the service be performed in a place of service not normally used by the licensee.

     A policy, certificate , or contract may only limit or make optional the reimbursement for any lawful diagnostic or treatment service by a licensee under chapters 36-4 and 36-5 if the limitation is based on a rational basis which is not solely related to the license under, or practices authorized by, chapter 36-5 or is not dependent upon a method of classification, categorization , or description based directly or indirectly upon differences in terminology used by different licensees in describing human ailments or in the diagnosis or treatment of human ailments.

     This section does not require reimbursement for any method or service not necessary, not reasonable , or not generally accepted by the peers of the particular licensed health care provider. "

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Moved by:      Representative Peterson
Second by:      Representative Broderick
Action:      Failed by roll call vote.   (4-8-0-0)

Voting yes:      McCoy, Patterson, Peterson, Windhorst

Voting no:      Broderick, Davis, Engbrecht, Hanson, Hennies, Sebert, Monroe, Fiegen

MOTION:      CALL THE QUESTION

Moved by:      Representative Hennies
Second by:      Representative Peterson
Action:      Prevailed by voice vote.

MOTION:      DEFER SB 56 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Peterson
Second by:      Representative Hennies
Action:      Prevailed by roll call vote.   (12-0-0-0)

Voting yes:      Broderick, Davis, Engbrecht, Hanson, Hennies, McCoy, Patterson, Peterson, Sebert, Windhorst, Monroe, Fiegen

          HCR 1013:   Recognizing the Department of Health's progressive immunization policies and urging a progressive immunization policy against Hepatitis B.



MOTION:      DEFER HCR1013 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Broderick
Second by:      Representative Monroe
Action:      Prevailed by roll call vote.   (9-3-0-0)

Voting yes:      Broderick, Davis, Engbrecht, Hanson, Hennies, Peterson, Sebert, Monroe, Fiegen

Voting no:      McCoy, Patterson, Windhorst

          SB 64:   revise, repeal, and reenact certain provisions pertaining to persons with developmental disabilities.

Proponents:      Kim Malsam-Rysdon, DHS
          Dennis McFarland, Adjustment Training Center
Opponents:      Suzanne Wilhelmi, Parent
          Terry White, Parent
Presented by:      Comment by Craig Ambach, DHS

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MOTION:      AMEND SB 64

j-64a

     On page 9 , line 12 of the Senate Health and Human Services committee engrossed bill , delete " ; " and insert " . " .

     On page 9 , delete lines 13 to 15 , inclusive .

     On page 19 , delete lines 6 to 22 , inclusive .

     On page 21 , line 9 , delete " 57 " and insert " 56 " .

     On page 24 , line 18 , delete " 67 " and insert " 66 " .

     On page 25 , line 8 , delete " 77 and 78 " and insert " 76 and 77 " .

     On page 28 , line 4 , delete " 163 " and insert " 161 " .

     On page 28 , line 5 , delete " 162 " and insert " 160 " .

     On page 29 , line 15 , delete " 90 " and insert " 89 " .

     On page 30 , delete lines 7 to 22 , inclusive .

     On page 44 , line 4 , delete " 162 and 164 " and insert " 160 and 162 " .

     On page 45 , line 7 , delete " 162 " and insert " 160 " .

     On page 45 , line 25 , delete " 152 " and insert " 150 " .

     On page 46 , line 5 , delete " 156 " and insert " 154 " .

     On page 47 , line 8 , delete " 153 " and insert " 151 " .

     On page 47 , line 12 , delete " 162 " and insert " 160 " .

     On page 47 , line 15 , delete " 162 " and insert " 160 " .

     On page 47 , line 20 , delete " 152, 153, and 156 " and insert " 150, 151, and 154 " .

     On page 48 , line 2 , delete " 160 " and insert " 158 " .

     On page 48 , line 10 , delete " 152 to 168 " and insert " 150 to 166 " .

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     On page 48 , line 25 , delete " with a " and insert " if the review board finds by clear and convincing evidence that the person cannot exercise informed consent to treatment by reason of that person's developmental disability, and that the person poses a danger of physical injury to self or others making it necessary or advisable to receive appropriate supports and services. " .

     On page 49 , delete line 1 .

     On page 49 , line 2 , delete everything before " If " .

     On page 50 , line 22 , delete " 59 " and insert " 58 " .

     On page 50 , line 25 , delete " 162 " and insert " 160 " .

     On page 51 , line 14 , delete " 153 " and insert " 151 " .

     On page 52 , line 24 , delete " 162 " and insert " 160 " .

     On page 53 , line 1 , delete " 162 " and insert " 160 " .

     On page 64 , line 21 , delete " sterilized without the person's informed " and insert " subjected to any nonemergency medical procedure or treatment designed to render a person permanently unable to produce children without the person's informed consent or court order as set out in this chapter. For the purposes of this section, the person's ability to give informed consent is subject to the person being eighteen years of age or older and the following:

             (1)    Prior to the procedure, capacity to give informed consent and assurance that such consent is voluntarily and freely given shall be evaluated by:

             (a)    A psychiatrist, psychologist, or physician who does not provide services or supports to the person with a developmental disability and who has consulted with and personally interviewed the person with a developmental disability; and

             (b)    A qualified mental retardation professional who does not provide services or supports in which the person participates and who has consulted with and interviewed the person with a developmental disability;

             (2)    The professionals who conducted the evaluation pursuant to subdivision (1) shall consult with the physician who is to perform the procedure concerning each professional's opinion in regard to the capacity of the person with a developmental disability to give informed consent regarding the procedure or treatment.

     If any person's capacity to give informed consent is challenged, the person, a qualified mental retardation professional, or a physician may file a petition with the court to determine competency to give consent. " .

     On page 64 , delete lines 22 to 25 , inclusive .

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     On page 65 , delete lines 1 to 19 , inclusive .

     On page 65 , delete line 23 , and insert " informed consent or the person's legal guardian may petition the " .

     On page 65 , line 24 , delete " sterilization " .

     On page 65 , line 24 , after " procedure " insert " set forth in section 219 of this Act " .

     On page 66 , line 1 , delete " to be " .

     On page 66 , line 2 , delete " sterilized " .

     On page 66 , line 7 , delete " to be sterilized " .

     On page 66 , line 8 , delete " sterilization " and insert " procedure " .

     On page 66 , line 17 , delete " sterilization " .

     On page 66 , line 17 , after " procedure " insert " set forth in section 219 of this Act " .

     On page 66 , line 20 , delete " regarding sterilization, or is a minor with " .

     On page 66 , line 21 , delete " a developmental disability " .

     On page 67 , line 1 , delete " sterilization " and insert " the procedure " .

     On page 67 , line 7 , delete " sterilization " and insert " procedure " .

     On page 67 , line 11 , delete " sterilization " and insert " procedure " .

     On page 67 , line 24 , delete " to obtain a court order authorizing sterilization " .

     On page 68 , line 16 , after " behavior. " insert " Persons enrolled in residential programs or living units are expected to partake in meals at a predetermined scheduled time. " .

     On page 70 , line 4 , delete " 232 to 234 " and insert " 229 to 231 " .

     On page 70 , line 21 , delete " 238 " and insert " 236 " .

     On page 70 , between lines 23 and 24 , insert:

"
     Section 234A. That chapter 27B-8B be amended by adding thereto a NEW SECTION to read as follows:

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     The Legislature hereby finds that:

             (1)    Research does not support the long-term efficacy of aversive behavioral intervention;

             (2)    The use of aversive or abusive treatment raises disturbing legal and ethical issues and may well deprive the recipient of constitutional or statutory rights and be outside the ethical guidelines imposed upon the treatment professional;

             (3)    Any severely disabled person has the same right to be treated with dignity and respect as any other citizen; and

             (4)    The use of aversive and abusive treatments on any person with a disability diminishes the dignity and humanity of the treatment professional and the disabled person.

     The Legislature opposes any treatment or practice which violates the right to freedom from harm and promotes activities that lead to implementation and dissemination of positive intervention alternatives. "

     On page 71 , line 13 , after " disability " insert " , if eighteen years of age or over and capable of giving informed consent, " .

     On page 71 , line 15 , delete " 235 " and insert " 233 " .

     On page 71 , line 16 , delete " 235 " and insert " 233 " .

     On page 72 , line 9 , delete " 235 " and insert " 233 " .

Moved by:      Representative Broderick
Second by:      Representative McCoy
Action:      Prevailed by voice vote.

MOTION:      DO PASS SB 64 AS AMENDED

Moved by:      Representative Broderick
Second by:      Representative McCoy
Action:      Prevailed by roll call vote.   (7-4-1-0)

Voting yes:      Broderick, Hanson, Hennies, McCoy, Peterson, Sebert, Monroe

Voting no:      Davis, Patterson, Windhorst, Fiegen

Excused:      Engbrecht

MOTION:      DEFER SB 64 UNTIL THE 41ST LEGISLATIVE DAY

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Moved by:      Representative Davis
Second by:      Representative Patterson
Action:      Failed by roll call vote.   (5-6-1-0)

Voting yes:      Davis, Patterson, Peterson, Windhorst, Fiegen

Voting no:      Broderick, Hanson, Hennies, McCoy, Sebert, Monroe

Excused:      Engbrecht

MOTION:      CALL THE QUESTION

Moved by:      Representative Broderick
Second by:      Representative Patterson
Action:      Prevailed by voice vote.

MOTION:      ADJOURN

Moved by:      Representative Broderick
Second by:      Representative Hennies
Action:      Prevailed by voice vote.

Doris J. Donner

Committee Secretary