The Senate Committee on Commerce and Labor was called to order by Chairman Randolph J. Townsend, at 9:40 a.m., on Wednesday, February 3, 1999, in Room 2135 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

COMMITTEE MEMBERS PRESENT:

Senator Randolph J. Townsend, Chairman

Senator Ann O’Connell, Vice Chairman

Senator Mark Amodei

Senator Dean A. Rhoads

Senator Raymond C. Shaffer

Senator Michael A. (Mike) Schneider

Senator Maggie Carlton

GUEST LEGISLATORS PRESENT:

Senator Raymond (Ray) D. Rawson, Clark County Senatorial District No. 6

Senator Joseph (Joe) M. Neal, Clark County Senatorial District No. 4

Senator Bernice Mathews, Washoe County Senatorial District No. 1

STAFF MEMBERS PRESENT:

Scott Young, Committee Policy Analyst

John L. Meder, Committee Policy Analyst

Crystal Lesbo, Committee Policy Analyst

Kathryn Lawrence, Committee Secretary

OTHERS PRESENT:

Fred L. Hillerby, Lobbyist, Associated Pathologists Laboratories

Henry B. Soloway, M.D., Director, Associated Pathologists Laboratories

Eloy Maestas, Secretary, State Barbers’ Health and Sanitation Board

James F. Nadeau, Lobbyist, Captain, Washoe County Sheriff’s Office

Robert Bayer, Director, Department of Prisons

Vicky Sakach, Vice President, State Barbers’ Health and Sanitation Board

Jim Reinhardt, Fire Chief, East Fork Fire and Paramedic District

Louis Mortillaro, Ph.D., Board of Psychological Examiners

Steven Graybar, Ph.D., Board of Psychological Examiners

Mary Manna, Executive Secretary/Office Manager, State Board of Cosmetology

Mary Jo Betterley, Director-Owner, Northern Nevada Beauty Academy, Inc.

Chairman Townsend opened the meeting by introducing Senator Raymond (Ray) D. Rawson, Clark County Senatorial District No. 6, who testified on Senate Bill (S.B.) 7.

Senator Rawson explained the bill addresses the issue of phlebotomy. He said people who draw blood in hospitals or laboratories have no training standard or certification. The training period can be achieved in a reasonable time. He pointed out there are standards available nationally and within the State of Nevada.

Beth Pitonzo, M.D., Phlebotomy Program Director, Community College of Southern Nevada, testified the only way for students to be licensed in the State of Nevada is to work 6 months in a licensed facility. The community college follows national guidelines for the licensing of students (National Accreditation Agency for Clinical Laboratory Science) and the American Society for Clinical Pathology. Dr. Pitonzo noted students who complete the program at the community college are eligible to take the exam. The students’ education is not recognized for licensure. She asserted the passing of S.B. 7 would encourage students to seek formal education and would increase the practice of health care.

Senator O’Connell asked what insurance coverage is used for the students who administer the drawing of blood. She queried whether the students are required to carry their own major medical insurance and are individually responsible in case of an exposure.

Fred L. Hillerby, Lobbyist, Associated Pathologists Laboratories, introduced Henry B. Soloway, M.D., Director, Associated Pathologists Laboratories, and an amendment (Exhibit C) to S.B. 7. Dr. Soloway explained the machines are similar to the machines that diabetics use for testing their blood levels. The machines are portable and easy to use which makes them ideal for use in the outpatient centers. Dr. Soloway pointed out the machines would also work efficiently for home health draws which are used for amputees, the critically ill, or patients who are unable without an ambulance to be transported to an outpatient center. Currently, a phlebotomist is sent to the home of the patient, but is unable to do the testing (such as blood-glucose or waived tests). There would be no fiscal impact on this amendment and the Health Division is involved to ensure people are using the machine correctly.

SENATOR SHAFFER SECONDED THE MOTION.

THE MOTION CARRIED UNANIMOUSLY.

* * * * *

Chairman Townsend closed the hearing of S.B. 7 and introduced S.B. 8.

Senator Rawson explained that currently the barbers board (State Barbers’ Health and Sanitation Board) issues a registration to barbers. The attorney general’s office has advised the barbers’ board to issue a certification to barbers. The attorney general’s office has also asked the barbers’ board to require that a visual identification be used for the testing requirements. The board would then have knowledge that the correct person was taking the exam. He explained this bill updates the fees that are charged for the examination and the barber poles.

Eloy Maestas, Secretary, State Barbers’ Health and Sanitation Board, reiterated that this a cleanup bill.

Senator O’Connell asked Mr. Maestas the reason why it was put into the law and the reason the barber pole cannot be used by anyone else. Mr. Maestas stated the barbershop pole helps to differentiate between a cosmetology shop and a barbershop.

Jim Nadeau, Lobbyist, Captain, Washoe County Sheriff’s Office, testified the jails do not use barbers, haircuts are done by other inmates. Mr. Nadeau wished to amend Nevada Revised Statutes (NRS) 643.019, section 3, for the exemptions to include county and city jails from being required to have licensed barbers.

Chairman Townsend inquired about state prisons being exempt as well. Mr. Nadeau stated he thought the state prisons would want exemption also.

Robert Bayer, Director, Department of Prisons, stated the state prisons would like to be included in this exemption.

Vicky Sakach, Vice President, State Barbers’ Health and Sanitation Board, testified barbering is for cosmetic reasons. In the jails, it is for safety, health and sanitation reasons. She suggested the prisons should be exempt as well.

SENATOR SHAFFER SECONDED THE MOTION.

THE MOTION CARRIED UNANIMOUSLY.

* * * * *

Chairman Townsend closed the hearing on S.B. 8 and opened the hearing on S.B. 25.

Senator Joseph (Joe) M. Neal Jr., Clark County Senatorial District No. 4, explained the bill as the "Deregulation of Fourth of July Fireworks" for a right for anyone to sell the fireworks providing they adhere to the "safe and sane" law. The bill permits individuals to enjoy the fireworks as long as they are stored safely and sold properly. Senator Neal testified that the Fire Department of Clark County should only have the right to check on the safe storage and selling of the fireworks, not to direct the person(s) to the purchase of the fireworks.

Senator O’Connell asked if this bill would affect the Native American tribes. Senator Neal stated the bill would not have any effect on the Native Americans selling fireworks.

Jim Reinhardt, Fire Chief, East Fork Fire and Paramedic District, stated for the record that their department does not want anything to change Douglas County’s ability to ban fireworks. If this bill affects the ability of local government, particularly Douglas County, to prevent the possession, they would oppose the bill.

Chairman Townsend asked John L. Meder, Committee Policy Analyst, Research Division, Legislative Counsel Bureau, to inform the committee if this bill would affect any county’s ability to either regulate fireworks with regard to health and public safety or to ban them totally. No action was taken.

Chairman Townsend closed the hearing on S.B. 25. Senator Bernice Mathews, Washoe County Senatorial District No. 1, introduced S.B. 24.

Louis Mortillaro, Ph.D., Board of Psychological Examiners, explained S.B. 24 includes alcoholism and substance abuse. Steven Graybar, Ph.D., Board of Psychological Examiners, testified in the bill, under section 1, subsection 8, "alcoholism and substance abuse"; the term substance abuse and related disorders are mental disorders and are within the scope of practice of psychologists who have the training. The Board of Psychological Examiners had received a letter from the Bureau of Alcohol and Drug Abuse (Exhibit D) and had concurred with the board. Dr. Mortillaro pointed out that under section 2 of the original bill, a quorum was four of the five members, but has now been changed to a majority to constitute a quorum, which is three of the five members.

Chairman Townsend asked Scott Young, Committee Policy Analyst, Research Division, Legislative Counsel Bureau, if there was any consistency throughout the board as to the definition of a quorum. Mr. Young stated there should at least be a majority.

Dr. Graybar testified in section 3 there is a major change in psychology relative to the national licensing examination. The exam is being changed to be a computer-scored and computer-administered document. Currently, the test is offered twice a year in Las Vegas and Reno. The Association of State and Preventable Psychology Board (ASPPB) has standardized this new test and it will be offered at a Sylvan Learning Center where the applicants can take the test at their convenience and it will be cheaper. The board has changed the scoring to a standard score. A standard score has a range of 200-800 with 500 being in the middle.

Senator Mathews testified page 3, section 4, subsection 8 now includes any disciplinary actions taken against someone such as a license being suspended or revoked (may also include a verbal or written reprimand). The Senator indicated subsection 8 gives the board greater flexibility in the new licensing of individuals who may have been disciplined in another state.

Senator O’Connell asked how many disciplinary cases the board hears in a year. Dr. Graybar testified 30-40 cases are heard a year informally; 4-5 are full-scale hearings in which the board makes a decision of revocation or suspension.

Senator O’Connell asked if there is an outside investigator after the preliminary hearing does the investigation, or is it a member of the board. Dr. Graybar answered that the initial strategy is when a hearing occurs/is scheduled, one of the board members reviews the complaint. A decision is made with the board’s deputy attorney general. A consultant may be hired to get release of information before it comes to the board.

Chairman Townsend requested Dr. Graybar to obtain the statistics on how many complaints are received and how many are taken to disciplinary actions. The Chairman asked the information to be sent to Scott Young.

SENATOR O’CONNELL MOVED TO DO PASS S.B. 24.

SENATOR SCHNEIDER SECONDED THE MOTION.

THE MOTION CARRIED UNANIMOUSLY.

* * * * *

Chairman Townsend introduced S.B. 13.

Mary Manna, Executive Secretary/Office Manager, State Board of Cosmetology, testified S.B. 13 is required to review the administrative code (Exhibit E) of the State Board of Cosmetology. Ms. Manna pointed out the first change establishes a program for the training of apprentices. The second change adds the ability to charge for an application at the time it is requested and assists people relocating from another state who may not have taken the nationally recognized exam. "Eight states currently do not cooperate in the national standardized test." The third change requires the board to do an on-site inspection every time an application is received for an establishment license. She proffered research has been found that usually when someone opens a new business, it is unlikely there will be any major problems; and it is easier for the board to have a verbal checklist and can issue a new license within a matter of 5 days. The early licensing would allow a new business to begin operating earlier with an on-site inspection within 90 days. Ms. Manna pointed out that the apprentice program is certainly needed in the rural counties. The board has had this program prior, in 1982-1985, with successful results.

Senator O’Connell asked why the 5-year apprentice program. Ms. Manna answered the program would be on-the-job training rather than a confined school training.

Chairman Townsend read section 3, subsection 2, paragraph (a), and stated the person who is going to be supervising and training the apprentice must have at lest 5 years experience as a licensed cosmetologist within the State of Nevada.

Mary Jo Betterley, Director-Owner, Northern Nevada Beauty Academy, Inc., testified this arrangement is wonderful for people in the outlying areas. She stated people living in areas where they can commute to Reno, such as Fallon, may receive a better education by commuting to Reno. She said her second idea was brought up for the training of the apprentices; currently, 3600 hours are approximately 2 years training as an apprentice. The cosmetologist training is 1800 hours in the State of Nevada. The cosmetologist must have at least 5 years experience in this state in order to train the apprentice. Ms. Betterley’s third concern was adequate training for the apprentice, indicating they should go through a formal book. She pointed out that perhaps, although the cosmetologist has been in the business for 5 years, they are not doing things according to health safety or sanitation guidelines.

Scott Young, Committee Policy Analyst, submitted a letter from Sondra Muller to be used in the minutes as an exhibit (Exhibit F).

Chairman Townsend stated that as soon as the committee determined a size for the counties, the committee would take action on the bill. No action was taken at this time.

Chairman Townsend closed the hearing on S.B. 13 and introduced S.B. 6.

Chairman Townsend acknowledged that he had received a letter from Arter & Hadden, Attorneys at Law (Exhibit G). Arter & Hadden is an attorney law firm in Washington, D.C. which represents the United States Olympic Committee (USOC) in intellectual property matters. The USOC is asking for legislation for sponsorship that would amend the trademark laws providing essential protection to the USOC’s trademark rights. The Amateur Sports Act of 1978 (ASA) grants USOC the exclusive right to wear the symbol of the International Olympic Committee (IOC); the five interlocking rings; the USOC’s emblem; any trademark, trade name, etc., representing associations with the IOC or the USOC, Olympic, Olympiad, and any combinations thereof. Chairman Townsend pointed out the letter also recommends adding the following language to the definition of trademark as provided in chapter 52 of NRS; trademark also means but is not limited to the words, names, symbols, emblems, signs, insignia, or any other combination of the U.S. Olympic Committee or the International Olympic Committee.

SENATOR O’CONNELL MOVED TO DO PASS S.B. 6.

SENATOR SCHNEIDER SECONDED THE MOTION.

* * * * *

Senator Townsend pointed out that this bill was Senator Raggio’s bill but he was not available to testify, therefore no action will be taken. Chairman Townsend then introduced various bill draft requests (BDRs).

SENATOR SHAFFER SECONDED THE MOTION.

THE MOTION CARRIED UNANIMOUSLY.

* * * * *

There being no further discussion or testimony, Chairman Townsend adjourned the meeting at 10:50 a.m.

RESPECTFULLY SUBMITTED:

Kathryn Lawrence,

Committee Secretary

APPROVED BY:

Senator Randolph J. Townsend, Chairman

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