MINUTES OF THE
SENATE COMMITTEE ON COMMERCE AND LABOR
Sixty-seventh Session
April 13, 1993
The Senate Committee on Commerce and Labor was called to order by Chairman Randolph J. Townsend, at 8:30 a.m., on Tuesday, April 13, 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 Mike McGinness
Senator Raymond C. Shaffer
Senator Leonard V. Nevin
Senator Lori L. Brown
COMMITTEE MEMBERS ABSENT:
Senator Ann O'Connell (Excused)
STAFF MEMBERS PRESENT:
Brian Davie, Senior Research Analyst
Sheri Asay, Committee Secretary
OTHERS PRESENT:
Ben Graham, Lobbyist, Nevada District Attorney's Association
Fred Hillerby, Lobbyist, Nevada State Board of Pharmacy
Bobbie Gang, Lobbyist, Nevada Pharmacists Association/National Association of Social Workers (Nevada Chapter)
Jerry Higgins, Lobbyist, Nevada State Board of Registered
Professional Engineers and Land Surveyors
Hal Taylor, Legal Counsel, Nevada State Board of Registered
Professional Engineers and Land Surveyors
George Cotton, Affirmative Action Manager, Clark County Manager's Office
Marsha Slotten, Executive Director, National Association of Social Workers
Senator Lowden opened the meeting in the temporary absence of Chairman Townsend. She announced a discussion of Senate Bill (S.B.) 249, and asked if anyone wanted to testify.
SENATE BILL 249: Repeals provisions which ban certain outdoor advertising by hotel, inn, motel or motor court. (BDR 54-600)
Ben Graham, Lobbyist, Nevada District Attorney's Association, addressed the committee on S.B. 249. He talked about freedom of private speech, and freedom of commercial speech, in America. Mr. Graham said that since 1990, commercial free speech has been given almost as much protection as private free speech. He discussed the issue in relation to motel and hotel advertising. Mr. Graham said S.B. 249 does not address regulating the size or location of the signs, only the content.
Mr. Graham stated he has heard no opposition to S.B. 249, and thought that the provision which bans the advertising would be held unconstitutional in court, if challenged. He referred to the attorney general's opinion (Exhibit C).
Senator Townsend returned to the meeting, and stated that the committee would hear testimony on Senate Bill (S.B.) 254.
SENATE BILL 254: Allows exchange of information between pharmacists relating to suspected misuse of prescriptions to obtain drugs. (BDR 54-854)
Brian Davie, Senior Research Analyst, testified on S.B. 254 in place of Senator Rawson, who introduced the bill and was unable to be present. Mr. Davie explained to the committee how this bill would enable pharmacists to exchange information, thereby curbing drug abuse. He elaborated on the methods abusers employ to get prescriptions filled. Mr. Davie pointed out, "There's no communication between these doctors that issue prescriptions, so there's no real way to find out if someone has gone to several different doctors using this procedure."
Fred Hillerby, Lobbyist, Nevada State Board of Pharmacy, testified regarding S.B. 254. He presented an amendment to the bill (Exhibit D). Mr. Hillerby, responding to a question by Senator Lowden, explained how a pharmacist would be able to recognize a case of prescription drug abuse. He discussed the danger of drug interactions, and explained how this bill would help eliminate that possibility. Mr. Hillerby remarked, "This amendment would add to the ability of pharmacists to talk to each other, to try to find out both in terms of abuse, and also being sure the patient is being informed as to what the potentials are." He offered his opinion on why a statute was needed.
Mr. Hillerby stated that, in a case of possible drug abuse, the pharmacy board could send out an investigator to identify the problem and take the appropriate action. He added, "If it's really an abuse of a controlled substance, then you've got a potential felony here, and you go to the district attorney's office with it."
Senator Townsend expressed concern about the wording of the amendment under section 1 (Exhibit D). He pointed out that the word "and" required that both provisions in section 1 be necessary. Mr. Hillerby said he and Brian Davie would change the wording.
Bobbie Gang, Lobbyist, Nevada Pharmacists Association/National Association of Social Workers (Nevada Chapter), addressed the committee. She said the Nevada Pharmacists Association supported the bill, and she was sure they would agree to the amendment. Ms. Gang pointed out that some pharmacists work at more than one pharmacy, and therefore easily recognize the abuse of drugs. According to her, the legal exchange of information by pharmacists would enable them to do something about the abuse.
SENATOR NEVIN MOVED TO AMEND AND DO PASS S.B. 254.
SENATOR SHAFFER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR O'CONNELL WAS ABSENT FOR THE
VOTE.)
* * * * *
SENATOR NEVIN MOVED TO DO PASS S.B. 249.
SENATOR LOWDEN SECONDED THE MOTION.
There was general discussion on the bill regarding advertising rates by motels, hotels, etc., specifically on the different rates for weekends as opposed to weekdays. Senator Lowden suggested a motel or hotel owner put some type of disclaimer to protect themselves, regarding room availability.
THE MOTION CARRIED. (SENATOR TOWNSEND ABSTAINED FROM THE VOTE. SENATOR O'CONNELL WAS ABSENT FOR THE VOTE.)
* * * * *
Jerry Higgins, Lobbyist, Nevada State Board of Registered Professional Engineers and Land Surveyors, addressed the committee regarding Assembly Bill (A.B.) 242.
ASSEMBLY BILL 242: Makes various changes relating to regulation of
professional engineers and land surveyors.
(BDR 54-623)
Mr. Higgins introduced Hal Taylor, Legal Counsel, Nevada State Board of Registered Professional Engineers and Land Surveyors, who explained A.B. 242. Mr. Taylor said discipline can be imposed by a quorum at a board meeting. He explained that disciplinary measures include a denial of a certificate of registration, and restitution.
Senator Lowden asked about the language "majority of the board members present" in A.B. 242. She said, "I always think of a conspiracy, of people knowing other people aren't going to be around and there's a board meeting called..." Mr. Taylor agreed that the language provides for a vote to be taken, if there is a quorum. Senator Townsend pointed out that it forces members to attend the board meetings, if they know a vote can be taken without their presence.
Senator Townsend commented that, prior to Mr. Taylor's remarks, he had not heard of a board requiring restitution. Mr. Taylor said he would see if other any other boards have restitution penalties. Mr. Higgins added, "Mr. Chairman, I might mention that we've had registrants, who were disciplined, volunteer to make restitution, and the board has accepted that as part of the disciplinary proceedings, but the board could not require it." He remarked that boards in other states require restitution.
SENATOR SHAFFER MOVED TO DO PASS A.B. 242.
SENATOR LOWDEN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR O'CONNELL WAS ABSENT FOR THE VOTE.)
* * * * *
George Cotton, Affirmative Action Manager, Clark County Manager's Office, testified before the committee regarding A.B. 335.
ASSEMBLY BILL 335: Establishes provisional licenses for social
workers. (BDR 54-605)
Mr. Cotton stated that his office wanted to be able to "hire individuals with related degrees, or individuals who come from other states and are licensed, and have not yet taken the examination proscribed by the board...." Mr. Cotton added that he did not want to take away from the intent of the legislature to be able to regulate social workers.
Mr. Cotton explained the problems they are having in Clark County, filling positions for social workers.
Ms. Gang addressed the committee in regard to A.B. 335. She referred to an explanation of the bill, which she had previously given to the committee members (Exhibit E). Ms. Gang made a correction to Exhibit E, pointing out that independent social workers and clinical social workers, item 2 of Exhibit E, should actually fall under the same category as item 1. She explained the provisional license, which is for those waiting to take the social workers' examination.
Marsha Slotten, Executive Director, National Association of Social Workers, testified regarding A.B. 335. She explained the work the association had done on the bill since last fall. Ms. Slotten listed the groups the association had contacted about A.B. 335, and stated that they all support the bill.
Ms. Slotten explained the problem with social workers coming into the state, and being unable to work because of the lack of a provisional license.
There was discussion on the licensing of social workers.
In response to a question by Senator Brown regarding the provisional license, Mr. Cotton explained, "From our standpoint as an employer... we fully intend to put a provision...that you will have your license within this period, or you won't work for us...." He said they have had to terminate people who did not get their license.
There was discussion about the language of the bill, on whether the provisional license was for 9 months or 3 years. Senator Townsend thought there should be consistency among boards for the provisional license periods. Regarding the confusing language of the bill, he asked, "Do you want people with provisional licenses for 3 years?"
Mr. Cotton explained, "Those (3-year licenses) are for people who have a related degree, and they're having to take the fast track program the universities are putting in place to address that." He discussed who would be eligible for that license. Ms. Slotten added, "...that's an intern license, social work intern. It's not a full license." She explained that a social worker could apply for the provisional license one time only.
Ms. Gang suggested an amendment be made to ensure that a provisional license could only be granted one time. Senator Nevin said they were better off putting it in regulations, rather than the law, "because things change...you may have to come back here and have something taken out."
Senator Townsend remarked:
I think it's clear by the testimony, and our feeling, what the intent is here. We can put that into the minutes, that provisional licenses should be extended once, but given the flexibility unless there's some extenuating circumstance, then you ought to handle that by reg (regulations). We just don't want somebody to get
into the habit of not bothering to ever get a license.
Senator Townsend asked Ms. Gang about coordinating social workers, psychologists, and marriage and family therapists who are working in the private sector, with those who are in the public sector, to "intervene in areas of our students as they enter school, for identification purposes to perhaps help them with the learning process, that we can get some of these practictioners into the areas that need help the most."
Ms. Slotten informed the committee that, "The National Association of Social Workers nationwide has a campaign on, to draw social workers back into public social work, because they have left for the money, presumably, and the cushy jobs." She discussed the program that the association is showing to high school students, to encourage them to enter public social work.
SENATOR NEVIN MOVED TO DO PASS A.B. 335.
SENATOR BROWN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR O'CONNELL WAS ABSENT FOR THE VOTE.)
* * * * *
Senator Townsend presented Bill Draft Request (BDR) 40-1371 and Bill Draft Request (BDR) 57-1004, and explained them to the committee.
BDR 40-1371: Provide for regulation of cemeteries and crematories.
BDR 57-1004: Authorize reciprocal insurers to own property
and have their attorney-in-fact execute documents
that are necessary to change or convey title
to that property.
SENATOR NEVIN MOVED FOR COMMITTEE INTRODUCTION OF BDR 40-1371 AND BDR 57-1004.
SENATOR MCGINNESS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR O'CONNELL WAS ABSENT FOR THE
VOTE.)
* * * * *
Senator Townsend encouraged the committee to attend the hearings on Senate Bill (S.B.) 316, currently being heard in the assembly.
SENATE BILL 316: Makes various changes to provisions governing
industrial insurance. (BDR 57-1764)
There being no further business, Senator Townsend adjourned the meeting at 9:25 a.m.
RESPECTFULLY SUBMITTED:
Sheri Asay,
Committee Secretary
APPROVED BY:
Senator Randolph J. Townsend, Chairman
DATE:
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Senate Committee on Commerce and Labor
April 13, 1993
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