77th Legislative Session _ 2002

Committee: Senate State Affairs
Friday, January 18, 2002

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Brosz
P    Daugaard
P    Hutmacher
P    Munson
P    Sutton (Dan)
P    Symens
P    Whiting
P    Brown (Arnold), Vice-Chair
P    Everist, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Arnold Brown, Vice Chair

MOTION:     TO APPROVE THE MINUTES OF WEDNESDAY, JANUARY 16, 2002

Moved by:    Symens
Second by:    Sutton (Dan)
Action:    Prevailed by voice vote.

         SB 45: repeal certain provisions related to the practice of medicine or osteopathy in South Dakota while located outside of the state.

Presented By:    Doneen Hollingsworth, Secretary of the Department of Health(document #1)
Proponents:    Dave Hewett, South Dakota Association of Health Organizations
        Kevin Forsch, Department of Health
        Dean Krogman, South Dakota Medical Association

MOTION:     AMEND SB 45


45oa
     On page 1 of the printed bill, delete lines 4 to 12 , inclusive, and insert:

"      Section 1. That § 36-4-19 be amended to read as follows:

     36-4-19.   The Board of Medical and Osteopathic Examiners may, without examination, issue a license to any applicant holding a currently valid license or certificate issued to the applicant by the examining board of the District of Columbia, any state or territory of the United States, the National Board of Medical Examiners, the National Board of Osteopathic Physicians and Surgeons, or any province of Canada, from which the license was obtained by a written examination given by the board, if the legal requirements of the examining board at the time it issued the license or certificate were not less than those of this state at the time the license is presented for registration.

     However, the board may require the applicant to take either an oral or written examination and personally appear before the board, a member of the board, or its staff.

     Each applicant applying under the provisions of this chapter shall pay to the secretary of the board a license fee not to exceed two hundred dollars.

     Section 2. That § 36-4-41 be amended to read as follows:

     36-4-41.   Any nonresident physician or osteopath who, while located outside this state, provides diagnostic or treatment services through electronic means to a person patient located in this state under a contract with a health care provider licensed under Title 36, a clinic located in this state that provides health services, a health maintenance organization, a preferred provider organization, or a health care facility licensed under chapter 34-12, is engaged in the practice of medicine or osteopathy in this state. No nonresident physician or osteopath who, while located outside this state, consults on an irregular basis with a licensee under this chapter who is located in this state, is engaged in the practice of medicine or osteopathy in this state. Consultation between a nonresident physician or osteopath and a licensee under this chapter is governed by §  36-2-9. ".


Moved by:    Munson
Second by:    Symens
Action:    Prevailed by voice vote.

MOTION:     AMEND SB 45

45ob
     In the second paragraph of Section 1 of the previously adopted amendment overstrike "take" and insert " successfully pass ".


Moved by:    Whiting
Second by:    Hutmacher
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 45 AS AMENDED

Moved by:    Brosz
Second by:    Munson
Action:    Prevailed by roll call vote.(8-0-1-0)

Voting Yes:    Brosz, Daugaard, Hutmacher, Munson, Sutton (Dan), Symens, Whiting, Brown (Arnold)

Excused:    Everist

MOTION:     TO AMEND TITLE OF SB 45

45ota
     On page 1, line 1 of the printed bill, delete everything after " to " and insert "authorize the practice of nonresident physicians in the state by electronic means facilitated through reciprocal licensure.".

     On page 1 , delete line 2 .

Moved by:    Symens
Second by:    Hutmacher
Action:    Prevailed by voice vote.

         SB 59: provide for certain increases in the state minimum wage.

Presented By:    Senator Koetzle
Proponents:    Carol Robertson, South Dakota Family Economic Self-sufficiency

The Chair deferred SB 59 until another day.

The gavel was passed to Senator Barbara Everist, Chair.

         SB 68: limit state expenditures.

Presented By:    Senator Staggers(document #2)
Opponents:    Curt Everson, Department of Finance and Management


MOTION:     DEFER SB 68 TO THE 36TH LEGISLATIVE DAY

Moved by:    Brosz
Second by:    Daugaard
Action:    Prevailed by roll call vote.(9-0-0-0)

Voting Yes:    Brosz, Daugaard, Hutmacher, Munson, Sutton (Dan), Symens, Whiting, Brown (Arnold), Everist

         SJR 1: Proposing and submitting to the electors at the next general election amendments to Article XI of the Constitution of the State of South Dakota to prohibit the taxation of income except on banks or financial corporations.

Presented By:    Senator Staggers
Opponents:    Tom Adams, South Dakota Bankers Association
        Bob Stevens, South Dakota Education Association

MOTION:     AMEND SJR 1

j1oa
     On page 2, line 5 of the printed resolution, delete " corporations " and insert "institutions".

Moved by:    Whiting
Action:    Died for a lack of a second

MOTION:     DEFER SJR 1 TO THE 36TH LEGISLATIVE DAY

Moved by:    Daugaard
Second by:    Brosz
Action:    Prevailed by roll call vote.(8-1-0-0)

Voting Yes:    Brosz, Daugaard, Hutmacher, Munson, Sutton (Dan), Symens, Brown (Arnold), Everist

Voting No:    Whiting

MOTION:     ADJOURN

Moved by:    Symens
Second by:    Whiting
Action:    Prevailed by voice vote.




Alice Christensen

____________________________

Committee Secretary
Barbara Everist, Chair


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