MINUTES OF MEETING

      ASSEMBLY COMMITTEE ON HEALTH AND HUMAN SERVICES

 

      Sixty-seventh Session

      May 18, 1993

 

 

 

 

The Assembly Committee on Health and Human Services was called to order by Chairman Jan Evans at 1:30 p.m., May 18, 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

      Mrs. Vivian L. Freeman, Vice 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:

 

      None

 

GUEST LEGISLATORS PRESENT:

 

      None

 

STAFF MEMBERS PRESENT:

 

      Kerry Carroll Davis, Research Analyst

 

OTHERS PRESENT:

 

      Mary Lynne Evans, Administrator/Office of Narcotics Control         Assistance   

      David Rowles, Director/Clark County Health District

      Dr. Donald S. Kwalick, State Health Officer

      Darrell Rasner, Chief, Bureau of Health Protection                Services, Nevada Division of Health.

 

ASSEMBLY CONCURRENT RESOLUTION 49:      Urges State Board of Health to extend time during which physician is required to evaluate person admitted to facility for care of adults during day.

 

Mrs. Evans informed the committee there had been a request to  withdraw ACR 49.

 

      MRS. FREEMAN MOVED TO INDEFINITELY POSTPONE ACR 49.

 

      MR. WILLIAMS SECONDED THE MOTION.

 

      THE MOTION CARRIED WITH ASSEMBLYMEN AUGUSTINE, GIBBONS,         HELLER, PETRAK AND TOOMIN ABSENT AT THE TIME OF THE VOTE.

 

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SENATE BILL 343:  Requires certain facilities used by members of public to have sufficient number of water closets and urinals for use by patrons.

 

Mrs. Evans reminded committee members the one remaining question pertaining to SB 343 involved the potential fiscal note. She then read a memo (Exhibit C) from Ron Lange, fiscal officer of the Health Division, alleviating the main concern.

 

      MS. SMITH MOVED DO PASS ON SB 343.

 

      MRS. FREEMAN SECONDED THE MOTION.

 

      THE MOTION CARRIED WITH ASSEMBLYMEN AUGUSTINE, GIBBONS,         HELLER, PETRAK AND TOOMIN ABSENT AT THE TIME OF THE VOTE.

 

Mrs. Evans assigned the floor statement to Mrs. Segerblom.

 

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SENATE BILL 60:   Expands requirement for testing persons arrested for certain sexual offenses for exposure to sexually transmitted diseases.

 

Mary Lynne Evans, Administrator/Office of Narcotics Control Assistance, in support of SB 60, explained Congress had declared each state must enact and enforce statutes providing for testing of convicted sex offenders for the HIV virus and to disclose results to the victim. Her prepared testimony is submitted as Exhibit D. She indicated this legislation not only would allow the victim to know what the HIV test was, but would provide the right to counseling and referral programs if the test was positive.

 

 

Responding to Ms. de Braga's inquiry as to why so few states

were in compliance, Mary Lynne Evans cited the fiscal note as the deterring factor and noted larger states such as Texas, Florida and Illinois did not perform HIV testing at all.

 

David Rowles, Director/Clark County Health District, provided a letter to the committee (Exhibit E) containing appropriate recommendations and called special attention to page three, under the topic "Sexually transmitted disease tests," depicting costs and where tests could be obtained. He noted there was confusion in the reference to any sexually transmitted disease, creating a significant fiscal nightmare "as it has no end and no classification." Consequently, language was recommended which classified those sexually transmitted diseases as defined by the Health Department.

 

Mr. Rowles stated they were supportive of victim notification regarding HIV positive blood even though it was not part of the law at the present time.

 

Mr. Toomin voiced a concern that an arrestee, innocent until proven guilty, should not be required to be tested or treated and, for the record, would recommend the bill be referred to  Judiciary. Mrs. Evans suggested the 1989 legislation dealing with arrestees should be checked into.

 

Dr. Donald S. Kwalick, State Health Officer, speaking in support of SB 60, presented an addition to the amendments (Exhibit F.)

 

Mrs. Evans questioned Dr. Kwalick regarding the 1989 testing issue. He quoted NRS 201.356: "Test for exposure to HIV required: Any person who is arrested for a violation of NRS 201.354 must submit to a test, approved by regulation of the state board of health, to detect exposure to HIV." So, he concluded, it was in statute at this point of time under "Crimes  Against Decency and Morals."

 

There being no further testimony, Mrs. Evans closed the hearing on SB 60 and asked Mr. Rowles and Dr. Kwalick to meet with subcommittee Chairman de Braga, Ms. Augustine and Mrs. Segerblom at a mutually agreeable time.

 

 

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SENATE BILL 61:   Eliminates privies and cesspools as acceptable method of sewage disposal.

 

 

 

Darrell Rasner, Chief/Bureau of Health Protection Services, Nevada Division of Health, in support of SB 6l, read prepared testimony (Exhibit G.) In essence, SB 61 would ensure conformity with the Uniform Plumbing Code which established minimum standards for sewage disposal facilities.

 

Answering questions posed by Mr. Gibbons, Mr. Rasner said failure to comply with SB 61 would result in new facilities not being granted a permit to construct. If a construction project was in progress during the change in the plumbing code, he indicated plans would be reviewed to existing standards; unless there was a substantial health hazard, they could continue with the approval already given by the health authority.

 

Responding to Mrs. Freeman's inquiry concerning Boy Scout camps, Mr. Rasner explained any children's camp currently using  privies or cesspools as a means of sewage disposal would not be impacted upon date of passage of SB 61; however, if they were to remodel or renovate, it would have to come up to current standards and put in conventional sewage disposal system facilities.

 

Mrs. Freeman said she supported the bill but would find it hard to support the exemption because it would not make sense to require modern plumbing for one area and exclude another.

 

Following a brief discussion, Mrs. Evans closed the hearing on SB 61.

 

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SENATE CONCURRENT RESOLUTION 17:      Supports personal assistance services for persons with disabilities.

 

Mr. Petrak distributed the proposed amendments to SCR 17 (Exhibit H) and explained same to the committee.

 

Discussion ensued concerning the issue of the Legislature designating a task force. A suggestion from Mr. Gibbons as an alternative to the establishment of a task force was to assign the Legislative Counsel Bureau to examine currently existing and proposed personal assistance services programs.

 

Mrs. Evans asked Mr. Petrak to talk to Bill Draft as to the best way to handle the language in the amendment and to report back to the committee at the following meeting.

 

There being no further business to come before committee, the meeting was adjourned at 2:30 p.m.

 

      RESPECTFULLY SUBMITTED:

 

 

                             

      CHRISTINE SHAW

      Committee Secretary

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Assembly Committee on Health and Human Services

May 18, 1993

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