MINUTES OF THE
SENATE COMMITTEE ON COMMERCE AND LABOR
Sixty-seventh Session
April 8, 1993
The Senate Committee on Commerce and Labor was called to order by Chairman Randolph J. Townsend, at 8:00 a.m., on April 8, 1993, in Room 227 of the Legislative Building, Carson City, Nevada. Exhibit A is the Meeting Agenda. Exhibit B is the Attendance Roster.
COMMITTEE MEMBERS PRESENT:
Senator Randolph J. Townsend, Chairman
Senator Sue Lowden, Vice Chairman
Senator Ann O'Connell
Senator Mike McGinness
Senator Raymond C. Shaffer
Senator Leonard V. Nevin
Senator Lori L. Brown
STAFF MEMBERS PRESENT:
Beverly Willis, Committee Secretary
Brian Davie, Senior Research Analyst
OTHERS PRESENT:
Helen Foley, Lobbyist, Nevada Nurses Association
Lawrence P. Matheis, Lobbyist, Nevada State Medical Association
Carol Hanna, Executive Director, Private Investigators Licensing Board, Attorney General's Office
Robert Kirkman, Private Investigators Licensing Board
Andrea "Ande" Engleman, Executive Director, Nevada State Press Association, Inc.
Lonna Burress, Executive Director, Nevada State Board of Nursing
Samuel P. McMullen, Lobbyist, Nevada State Board of Nursing
John M. Vergiels, Lobbyist, Nevada Association of Physical Therapists
Senator Townsend announced the committee meeting for Friday, April 9, would be canceled. He announced the hearing on Senate Bill (S.B.) 143 would also be rescheduled.
The first order of business was two Bill Draft Requests (BDRs).
BDR 54-1934 Eliminates authority for professional land surveyors to prepare grading and drainage plans.
BDR 53-536 Clarifies that employee leasing company is employing unit of employees it leases to client company for purposes of unemployment compensation.
SENATOR NEVIN MOVED FOR COMMITTEE INTRODUCTION OF BDR 54-1934 AND BDR 53-536.
THE MOTION WAS SECONDED BY SENATOR O'CONNELL.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Senator Townsend then presented Amendment 235 for S.B. 30 for the approval of the committee. S.B. 30, with the amendment, was passed previously.
SENATE BILL 30: Revises provisions relating to payment by insurer for repair of motor vehicle covered by policy of insurance.
Brian Davie, Senior Research Analyst, Legislative Counsel Bureau, spoke at the request of Senator Rawson to make a presentation on SENATE BILL 184.
SENATE BILL 184: Permits physician to authorize registered nurse to sign medical certificate of death under certain circumstances.
Mr. Davie gave an explanation and presented Exhibit C, some suggested language for S.B. 184. Mr. Davie noted that these changes would amend subsection 2 of Nevada Revised Statutes (NRS) 451.007. A discussion on the merits of the amendment between Senator Lowden, Senator Shaffer, Senator McGinness, Senator Brown and Mr. Davie followed.
Helen Foley, Lobbyist, Nevada Nurses Association, was the next to testify. Ms. Foley said the Nurses Association supported the concept of S.B. 184, although the association did have one problem with the language. Ms. Foley stated the nurses would feel more comfortable with making a pronouncement of death, rather than signing the death certificate. Ms. Foley went on to read a statement as noted in Exhibit D, from Mary Koithan, President, Nevada Nurses Association. Ms. Foley clarified a "pronouncement of death," quoting from Exhibit D.
Senator Brown wanted to know if a pronouncement of death would have to be a written declaration, to which Ms. Foley replied in the affirmative.
Lawrence P. Matheis, Lobbyist, Nevada State Medical Association, said he felt there was still work to be done on this amendment. He noted the object of the bill was to try and take some stress out of the process of a declaration of death. Mr. Matheis stated this was becoming a fairly widespread practice throughout the United States, in answer to a question by Senator O'Connell. Chairman Townsend requested that all concerned work with Senator Rawson as far as suitable language for the amendment.
Senator Townsend closed the hearing on S.B. 184 and opened the hearing on S.B. 198.
SENATE BILL 198: Requires continuing education as a condition of renewal of certification of certified shorthand reporter.
Senator Townsend asked Mr. Davie if the proper notification had been given to those who might want to testify on this bill. After being assured there had, in fact, been notification, Senator Townsend stated since no one had appeared to testify, the bill would be rescheduled. He further stated if after being notified and there was no response, this bill would be indefinitely postponed.
Senator Townsend closed the hearing on S.B. 198 and opened the hearing on S.B. 207.
SENATE BILL 207: Provides that records of investigations by private investigator's licensing board are confidential.
Carol Hanna, Executive Director, Private Investigators Licensing Board, Office of the Attorney General, and Robert Kirkman, Private Investigators Licensing Board, came forward to testify. Ms. Hanna read into the record Exhibit E a letter to Senator Townsend regarding S.B. 207.
A conversation ensued between Senator O'Connell, Senator Brown and Mr. Kirkman regarding examples of how and why this bill would be necessary. Senator Townsend asked Mr. Kirkman to specify other licensing boards that might have this type of language. Mr. Kirkman named several instances, i.e., Veterinary Practice Act, The Pharmacy Practice Act, The Medical Practice Act.
Senator O'Connell, Senator Lowden, Senator McGinness, Ms. Hanna and Mr. Kirkman discussed the frequency of such investigations and the necessity for the bill.
Andrea "Ande" Engleman, Executive Director, Nevada State Press Association, Inc., gave a short history of regulatory boards that may come before committees. Ms. Engleman presented Exhibit F standard language defining confidentiality for various boards. Senator Brown and Ms. Engleman discussed the possibility of a definition of "disciplinary action." Ms. Engleman went on to discuss with Senator O'Connell, the possibility of a central location where complaints can be registered. Ms. Engleman noted there were none that she knew of and that sooner or later if there were that kind of list there is usually a move to keep the list confidential. Of course, at that point, there would still be no place for the public to get the information.
Senator Townsend asked Ms. Engleman to work with Senators Shaffer, Nevin and Senator O'Connell in drafting an amendment.
Senator townsend closed the hearing on S.B. 207 and opened the hearing on S.B. 211.
SENATE BILL 211: Repeals provision authorizing state board of nursing to certify nursing assistants to perform designated acts in medical facilities which provide acute care.
Lonna Burress, Executive Director, Nevada State Board of Nursing presented Exhibit G information on S.B. 211. Ms. Burress explained to the committee the contents of this exhibit.
Helen Foley, Lobbyist, Nevada Nurses Association, was next to offer testimony on this bill. Ms. Foley said her organization supported S.B. 211. She went on to say for the record:
The Nevada Nurses Association is opposed to any expansion in the role of certified nursing care assistants (CNA) beyond what is stated in the current regulation. We believe that the proliferation and expansion of the scope of practice of the CNA poses a threat to the health and welfare of Nevada's citizens. Although CNA's play a vital role in the delivery of personal care to patients, in health care studies we do not believe that they have the education, or ability to replace the skills necessary in professional nursing studies given current states of technology and health care needs of patients in the current health care system. CNA's cannot substitute for the care given by registered professional nurses.
Samuel P. McMullen, Lobbyist, Nevada State Board of Nursing, came forward with a clarification of the Nursing Association's stand on this bill.
Senator O'Connell suggested that Ms. Burgess write a statement of intent that could be included in the exhibit and co-copy Ms. Foley with that letter. This way it will be in writing, the intent of the legislation will be clearly spelled out as to the limitations of what expectations will be. Ms. Foley said this was acceptable.
In a letter to Senator Townsend, dated April 8, 1993 (Exhibit H), Ms. Burress presented the following statement to be entered into the record.
It is the intent of the Board of Nursing to limit the scope of practice of Certified Nursing Assistants to a single cohesive level. We are fully cognizant of the limitation of the current law and agree to implement regulations consistent with those laws.
John M. Vergiels, Lobbyist, Nevada Association of Physical Therapists, made a statement regarding what his organization wanted in the letter from Ms. Burress.
Senator Townsend closed the hearing on S.B. 211 and announced the committee would re-visit S.B. 208.
SENATE BILL 208: Revises provisions for determining status as independent contractor for purposes of unemployment compensation.
Since Ms. Engleman was unable to testify at the scheduled hearing April 7, she came forward at this time, to testify, saying her organization had problems with section 2, which is being deleted and subsection 3, as newly interpreted by the Employment Security Department. Ms. Englemen noted that subsection 3, as interpreted by the Employment Security Department was as follows:
An independent contractor is someone who is working for more than one entity and is advertising his/her services.
Ms. Englemen noted her organization would like a clarification of an independent contractor.
Senator Townsend and Senator Lowden expressed their concerns regarding this bill as well.
Senator Townsend reiterated that the meeting on April 9, would be canceled. On Wednesday, April 14, he stated there would be a telemarketing day.
There being no further business, the meeting was adjourned at
10:20 a.m.
RESPECTFULLY SUBMITTED:
Beverly Willis,
Committee Secretary
APPROVED BY:
Senator Randolph J. Townsend, Chairman
DATE:
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Senate Committee on Commerce and Labor
April 8, 1993
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