MINUTES OF MEETING

      ASSEMBLY COMMITTEE ON HEALTH AND HUMAN SERVICES

 

      Sixty-seventh Session

      April 20, 1993

 

 

 

The Assembly Committee on Health and Human Services was called to order by Chairman Jan Evans at 1:35 p.m., Tuesday, April 20, 1993, in Room 330 of the Legislative Building, Carson City, Nevada.  Exhibit A is the Meeting Agenda, Exhibit B is the Attendance Roster.

 

 

COMMITTEE MEMBERS PRESENT:

 

      Mrs. Jan Evans, Chairman

      Ms. Kathy M. Augustine

      Ms. Marcia de Braga

      Mr. James A. Gibbons

      Mr. Dean A. Heller

      Mr. William A. Petrak

      Mrs. Gene W. Segerblom

      Ms. Stephanie Smith

      Mr. Louis A. Toomin

      Mr. Wendell P. Williams

 

COMMITTEE MEMBERS ABSENT:

 

      Mrs. Vivian L. Freeman (excused)

 

GUEST LEGISLATORS PRESENT:

 

      Assemblyman David Humke

      Senator Raymond Rawson

 

STAFF MEMBERS PRESENT:

 

      Dana Bennett, Research Analyst

 

OTHERS PRESENT:

 

      Mary Ann Wells, Kelly Jeffrey, Shaun Magnuson and Jerry Crum, CFIDS Patients; Marsha Berkbigler, Nevada State Medical Association; Darrell Rasner and James Pierce, State Health Division; Captain Frank Barker and Randall Stone, Las Vegas Metropolitan Police Department; and Nile Carson, City of Reno Police Department.

 

Mrs. Evans opened the hearing on Senate Joint Resolution 10.

 

SJR 10      Urges President and Congress to increase amount of financial assistance allotted to research chronic fatigue syndrome.

 

David Humke, Assembly District 26, introduced Mary Ann Wells who presented prepared testimony in support of SJR 10 (EXHIBIT C).

 

Kelly Jeffrey and Shaun Magnuson, CFIDS Patients, discussed their experience with the disease (EXHIBIT D).

 

Mrs. Evans asked what amount of financial assistance was currently being directed to research Chronic Fatigue Syndrome.  Mr. Jerry Crum indicated there was some federal legislation being considered which would make $15 million available for research.  Mr. Crum noted a surveillance survey was being done by the Center for Disease Control.  There had been several "pocket" outbreaks of the illness.

 

Mr. Crum presented his formal testimony on SJR 10 (EXHIBIT E) and passed out an information packet (EXHIBIT F is on file in the research library).  Mr. Crum submitted for the record the names of several individuals who were in support of SJR 10 (EXHIBIT G).

 

Mr. Petrak asked how many residents of Nevada were victims of the disease.  Mr. Crum did not know.  He would like to do a community based study to determine the number of people affected.

 

Mr. Heller wanted to know if anyone had ever recovered from CFIDS.  Mr. Crum knew of a few people who were considered to lead a reasonably normal life.  Additionally, he noted the disease had been around for a long time and was once known as neurasthenia.  The public health system was not working as well as it should be with regard to this issue.

 

Ms. Augustine asked why the name was changed from Epstein Barr to CFIDS.  Mr. Crum indicated originally it was believed the Epstein Barr virus had been activated.  However, in actuality several viruses were activated.  As knowledge of the disease evolved the name was changed.

 

Marsha Berkbigler, Nevada State Medical Association, encouraged passage of SJR 10 due to the high incidence in Nevada.

 

      ASSEMBLYMAN HELLER MOVED DO PASS ON SJR 10.

 

      ASSEMBLYMAN PETRAK SECONDED THE MOTION.

 

      THE MOTION CARRIED UNANIMOUSLY (MRS. FREEMAN WAS ABSENT AT THE TIME OF THE VOTE).

 

Mrs. Evans opened the hearing on Senate Bill 197.

 

SB 197      Requires health authority to allow child under 12 years of age to use public spa under certain circumstances.

 

Ray Rawson, Senate District 6, testified in support of SB 197 and addressed public health issues dealing with spas.  Senator Rawson noted current law arbitrarily restricted children under 12 years of age and suggested an amendment which would allow children between 3 and 12 to use a spa under direct adult supervision.

 

Mr. Gibbons asked for a clarification of the proposed amendment and inquired about protection for the elderly.  Senator Rawson suggested a requirement for posting a warning sign would eliminate the concern for others at risk.  Discussion ensued.

 

Darrell Rasner, State Health Division, presented testimony and offered an amendment to SB 197 (EXHIBIT H).

 

Mrs. Segerblom voiced her concerns regarding pool safety and supervision.  Mr. Rasner noted spa regulations required mandatory posting.

 

In response to questions from Mr. Toomin, Mr. Rasner and Mr. Pierce discussed sanitation and chemistry.

 

Mrs. Evans closed the hearing on SB 197 and opened the hearing on Assembly Bill 444.

 

AB 444      Creates presumption of knowing use of controlled substance under certain circumstances.

 

Captain Frank Barker, Las Vegas Metropolitan Police Department, testified in support of AB 444 and stated this bill addressed the problem of proving people were under the influence of a controlled substance. 

 

Randall Stone, Forensic Chemist, discussed the effect these changes would have with regard to enforcement and proof in court.  He noted the bill created a presumption when a person possessed a controlled substance within his body he knowingly used the controlled substance.  The revision was needed because of an inconsistent interpretation of the existing language by Judges in Clark County.

 

Mrs. Evans inquired what would happen if someone was administered a controlled substance without his knowledge.  Mr. Stone noted it would have to be proven in court.

 

Mr. Gibbons solicited information regarding the standard of proof to overcome the presumption.  A brief discussion ensued.  Mr. Gibbons suggested this was a legal doctrine issue and should be heard before the Judiciary committee. 

 

Captain Barker concluded by saying these people were already engaged in criminal activity.

 

Nile Carson, Deputy Chief, City of Reno Police Department, testified in support of AB 444 and discussed the drug enforcement program.  He explained Nevada case law said there was no absolute presumption, it was an inference, the only thing a defendant had to do was create a shadow of a doubt.

 

Mrs. Evans indicated no action would be taken today on this measure and closed the hearing on AB 444.

 

Mrs. Evans indicated she would like to dispose of SB 197, and asked for the committee's pleasure.

 

      ASSEMBLYMAN SMITH MOVED AMEND AND DO PASS ON SB 197 BY CHANGING SUBSECTION 1 TO READ "AT LEAST 7 YEARS OF AGE, BUT UNDER 12 YEARS OF AGE, WHO IS UNDER DIRECT ADULT SUPERVISION" AND DELETING SUBSECTION 2.

 

      ASSEMBLYMAN AUGUSTINE SECONDED THE MOTION.

 

Discussion ensued regarding the proposed amendment.

 

      ASSEMBLYMAN HELLER MOVED TO AMEND THE AMENDMENT BY REDUCING THE AGE TO "AT LEAST 3 YEARS..."

 

      ASSEMBLYMAN GIBBONS SECONDED THE MOTION.

 

There was further discussion regarding the age limitation.

 

      THE MOTION TO AMEND THE AMENDMENT FAILED (ASSEMBLYMEN AUGUSTINE, DE BRAGA, SMITH, TOOMIN, WILLIAMS AND EVANS VOTED NO.  ASSEMBLYMAN FREEMAN WAS ABSENT AT THE TIME OF THE VOTE).

 

Mrs. Evans called for a vote on the original motion to amend and do pass.

 

      MOTION CARRIED (ASSEMBLYMAN SEGERBLOM VOTED NO.  MRS. FREEMAN WAS ABSENT AT THE TIME OF THE VOTE).

 

 

There being no further business to come before committee, the meeting was adjourned at 3:20 p.m.

 

      RESPECTFULLY SUBMITTED:

 

 

                             

      CONNIE CAMPBELL

      Committee Secretary

??

 

 

 

 

 

 

 

Assembly Committee on Health and Human Services

April 20, 1993

Page: 1