Senate Amendment to Senate Bill No. 197 (BDR 40-134)
Proposed by: Committee on Human Resources and Facilities
Amendment Box:
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting sections 2 and 3 and inserting:
"Secs. 2 and 3. (Deleted by amendment.)".
Amend the bill as a whole by deleting sec. 4 and adding a new section designated sec. 4, following sec. 3, to read as follows:
"Sec. 4.
As used in sections 4 to 21, inclusive, of this act, unless the context otherwise requires, "subcommittee" means the advisory subcommittee on fetal alcohol syndrome of the advisory board on maternal and child health.".Amend sec. 5, page 3, by deleting lines 4 through 7 and inserting:
"Sec. 5.
1. The advisory subcommittee on fetal alcohol syndrome of the advisory board on maternal and child health is hereby created. The subcommittee consists of 11 members, as follows:(a) The chairman of the advisory board shall appoint:
(1) One member who:
(I) Is a member of the advisory board and is a member of the state board of health; or
(II) Is a member of the advisory board if no member of the advisory board is a member of the state board of health;
".Amend sec. 5, page 3, by deleting lines 9 through 12 and inserting "
family services;".Amend sec. 5, page 3, line 13, by deleting "
(2)" and inserting "(3)".Amend sec. 5, page 3, line 14, by deleting "
organization." and inserting:"
organization;(4) One member who represents persons who operate community-based programs for the prevention or treatment of substance abuse;
(5) One member who is a judge of a juvenile or family court in this state; and
(6) One member who represents a statewide organization for the prevention of perinatal substance abuse.
".Amend sec. 5, page 3, line 15, by deleting "
(c)" and inserting "(b)".Amend sec. 5, page 3, line 17, by deleting "
(d)" and inserting "(c)".Amend sec. 5, page 3, by deleting lines 19 through 29.
Amend sec. 5, page 3, line 30, by deleting "
(g)" and inserting "(d)".Amend sec. 5, page 3, line 31, after "
faculty" by inserting:"
of the department of pediatrics".Amend sec. 5, pages 3 and 4, by deleting lines 33 through 40 on page 3 and lines 1 through 4 on page 4, and inserting:
"
(e) The chief of the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation shall appoint one member who is an employee of the bureau.(f) The superintendent of public instruction is an ex officio member of the subcommittee and may, if he wishes, designate a person to serve on the subcommittee in his place or to attend a meeting of the subcommittee in his place.".
Amend sec. 5, page 4, line 8, by deleting "
governor." and inserting:"
chairman of the advisory board.".Amend sec. 5, page 4, line 9, by deleting "
board" and inserting "subcommittee".Amend sec. 5, page 4, line 10, by deleting "
board" and inserting "subcommittee".Amend sec. 6, page 4, line 12, by deleting "
board" and inserting "subcommittee".Amend sec. 6, page 4, line 13, by deleting "
board" and inserting "subcommittee".Amend sec. 6, page 4, line 15, by deleting "
board" and inserting "subcommittee".Amend sec. 6, page 4, line 17, by deleting:
"
initial and ex officio members," and inserting:"
ex officio member,".Amend sec. 6, page 4, line 18, by deleting "
board" and inserting "subcommittee".Amend sec. 6, page 4, by deleting lines 20 through 22 and inserting:
"
of the subcommittee may be reappointed. A vacancy in an appointed position".Amend sec. 6, page 4, by deleting lines 25 through 29.
Amend sec. 7, page 4, by deleting lines 30 and 31 and inserting:
"Sec. 7.
1. The subcommittee shall meet at the call of the chairman as often as required to perform its duties.".Amend sec. 7, page 4, line 32, by deleting "
board" and inserting "subcommittee".Amend sec. 7, page 4, line 34, by deleting "
board." and inserting "subcommittee.".Amend sec. 7, page 4, by deleting line 35 and inserting:
"
3. The health division shall provide necessary staff to assist the subcommittee in".Amend sec. 8, page 4, line 37, by deleting "
board" and inserting "subcommittee".Amend sec. 8, page 4, line 38, by deleting "
board," and inserting "subcommittee,".Amend sec. 8, page 5, line 1, by deleting "
board" and inserting "subcommittee".Amend sec. 8, page 5, by deleting line 4 and inserting:
"
(b) Any other member of the subcommittee must be paid by the health division.".Amend sec. 8, page 5, line 5, by deleting "
board" and inserting "subcommittee".Amend sec. 8, page 5, line 8, by deleting "
board" and inserting "subcommittee".Amend sec. 8, page 5, line 10, by deleting "
board" and inserting "subcommittee".Amend sec. 9, page 5, lines 13 and 14, by deleting:
"
board shall assist:1. The
" and inserting:"
advisory board and the subcommittee shall:1. Assist the
".Amend sec. 9, page 5, lines 17 and 18, by deleting:
"
syndrome for distribution to patients;2. The department
" and inserting:"
syndrome.2. Assist the University of Nevada School of Medicine
".Amend sec. 9, page 5, by deleting line 19 and inserting:
"
guidelines it is required to develop".Amend sec. 9, page 5, line 20, by deleting the italicized semicolon and inserting an italicized period.
Amend sec. 9, page 5, lines 21 and 22, by deleting:
"
The department in determining, based upon the annual report submitted to the board" and inserting:"
Determine, based in part upon the annual report submitted to the advisory board".Amend sec. 9, page 5, line 26, by deleting the italicized semicolon and inserting an italicized period.
Amend sec. 9, page 5, by deleting lines 27 through 37 and inserting:
"
4. Develop and promote guidelines for the prevention of the consumption of alcohol by women during pregnancy. The guidelines must be developed with the goal of increasing the use of programs for the treatment of substance abuse by women before, during and after pregnancy.5. Develop with the assistance of the University of Nevada School of Medicine, model curricula relating to fetal alcohol syndrome that meet the continuing education requirements applicable to providers of health care and other services.
6. Promote the availability of and distribute the model curricula developed pursuant to subsection 5.
7. Review the statistical data reported to the health division relating to the incidence of fetal alcohol syndrome in this state.
".Amend sec. 10, page 6, by deleting lines 6 through 9 and inserting:
"
identifying pupils who may be suffering from fetal alcohol syndrome and offering to provide the parents of those pupils with a referral for diagnostic services and treatment.".Amend sec. 10, page 6, line 10, by deleting "
A toll-free" and inserting:"
If a toll-free telephone service is otherwise provided by the health division, the use of that".Amend sec. 10, page 6, by deleting lines 15 through 19 and inserting:
"
2. The subcommittee shall periodically evaluate the program".Amend sec. 11, page 6, line 23, by deleting "
section 10" and inserting:"
sections 4 to 21, inclusive,".Amend sec. 11, page 6, by deleting lines 24 through 26 and inserting:
"
2. The health division shall account separately for the money received from those gifts, grants or contributions. The administrator of the health division shall administer the account, and all claims against the account must be approved by the administrator before they are paid.".Amend sec. 11, page 6, line 27, by deleting "
develop and".Amend sec. 11, page 6, by deleting line 28 and inserting:
"
out the provisions of sections 4 to 21, inclusive, of this act.".Amend sec. 11, page 6, line 29, by deleting:
"
advisory board on fetal alcohol syndrome" and inserting "subcommittee".Amend sec. 11, page 6, line 30, by deleting "
director" and inserting:"
administrator of the health division".Amend sec. 11, page 6, by deleting line 31 and inserting:
"
account. The administrator shall consider the recommendations of the subcommittee.".Amend sec. 12, pages 6 and 7, by deleting lines 38 through 41 on page 6 and lines 1 through 4 on page 7, and inserting:
"
2. The subcommittee shall review, amend, adopt and distribute the guidelines developed by the University of Nevada School of Medicine pursuant to subsection 1.".Amend the bill as a whole by adding a new section designated sec. 12.5, following sec. 12, to read as follows:
"Sec. 12.5.
If a pregnant woman is referred to the health division by a provider of health care or other services for information relating to programs for the prevention and treatment of fetal alcohol syndrome, any report relating to the referral or other associated documentation is confidential and must not be used in any criminal prosecution of the woman.".Amend sec. 13, page 7, by deleting sec. 13 and inserting:
"Sec. 13. (Deleted by amendment.)".
Amend sec. 14, page 8, line 8, by deleting "
department" and inserting "health division".Amend sec. 14, page 8, line 9, by deleting "
department." and inserting "health division.".Amend sec. 15, page 8, line 18, by deleting "
department" and inserting "health division".Amend sec. 15, page 8, line 19, by deleting "
department." and inserting "health division.".Amend sec. 16, page 8, line 30, by deleting "
department" and inserting "health division".Amend sec. 16, page 8, line 31, by deleting "
department." and inserting "health division.".Amend sec. 17, page 8, line 33, by deleting "
department" and inserting "health division".Amend sec. 18, page 8, lines 35 and 36, by deleting:
"
department shall:(a) Conduct research to determine
" and inserting:"
subcommittee shall identify".Amend sec. 18, page 8, line 37, by deleting "
(1)" and inserting "(a)".Amend sec. 18, page 8, line 38, by deleting "
(2)" and inserting "(b)".Amend sec. 18, pages 8 and 9, by deleting lines 40 and 41 on page 8 and lines 1 through 8 on page 9, and inserting:
"
2. On or before a date specified by the advisory board, the subcommittee shall submit to the advisory board an annual report consisting of its findings.".Amend sec. 19, page 9, by deleting line 9 and inserting:
"Sec. 19.
The health division shall develop and maintain a system for".Amend sec. 19, page 9, line 10, by deleting "
includes," and inserting "may include,".Amend sec. 19, page 9, line 16, after the italicized semicolon by inserting "
and".Amend sec. 19, page 9, by deleting lines 18 and 19 and inserting "
perinatal care.".Amend the bill as a whole by deleting sections 20 and 21 and inserting:
"Secs. 20 and 21. (Deleted by amendment.)".
Amend sec. 22, page 10, by deleting lines 24 through 26 and inserting:
"1. "Advisory board" means the advisory board on maternal and child health.
2. "Department" means the department of human resources.
".Amend sec. 22, page 10, line 27, by deleting "
Amend sec. 22, page 10, line 29, by deleting "
"4.
"Fetal alcohol syndrome" includes fetal alcohol effects.5.".
Amend sec. 22, page 10, line 31, by deleting "
4." and inserting "6.".Amend the bill as a whole by adding new sections designated sections 22.3, 22.5 and 22.7, following sec. 22, to read as follows:
"Sec. 22.3. NRS 442.115 is hereby amended to read as follows:
or inheritable disorders, including tests for the presence of sickle cell anemia.2. Any physician, midwife, nurse, maternity home or hospital of any nature attendant on or assisting in any way whatever any infant, or the mother of any infant, at childbirth shall make or cause to be made an examination of the infant, including standard tests, to the extent required by regulations of the state board of health as necessary for the discovery of conditions indicating such disorders.
3. If the examination and tests reveal the existence of such conditions in an infant, the physician, midwife, nurse, maternity home or hospital attendant on or assisting at the birth of the infant shall immediately:
(a) Report the condition to the local health officer of the county or city within which the infant or the mother of the infant resides, and the local health officer of the county or city in which the child is born; and
(b) Discuss the condition with the parent, parents or other persons responsible for the care of the infant and inform them of the treatment necessary for the amelioration of the condition.
4. An infant is exempt from examination and testing if either parent files a written objection with the person or institution responsible for making the examination or tests.
Sec. 22.5. NRS 629.151 is hereby amended to read as follows:
629.151 It is unlawful to obtain any genetic information of a person without first obtaining the informed consent of the person or the person’s legal guardian pursuant to NRS 629.181, unless the information is obtained:1. By a federal, state, county or city law enforcement agency to establish the identity of a person or dead human body;
2. To determine the parentage or identity of a person pursuant to NRS 56.020;
3. To determine the paternity of a person pursuant to NRS 126.121 or 425.384;
4. For use in a study where the identities of the persons from whom the genetic information is obtained are not disclosed to the person conducting the study;
5. To determine the presence of certain
preventable or inheritable disorders in an infant pursuant to NRS 442.115 or a provision of federal law; or6. Pursuant to an order of a court of competent jurisdiction.
Sec. 22.7. NRS 629.171 is hereby amended to read as follows:
1. To conduct a criminal investigation, an investigation concerning the death of a person , or a criminal or juvenile proceeding;
2. To determine the parentage or identity of a person pursuant to NRS 56.020;
3. To determine the paternity of a person pursuant to NRS 126.121 or 425.384;
4. Pursuant to an order of a court of competent jurisdiction;
5. By a physician and is the genetic information of a deceased person that will assist in the medical diagnosis of persons related to the deceased person by blood;
6. To a federal, state, county or city law enforcement agency to establish the identity of a person or dead human body;
7. To determine the presence of certain [inheritable] preventable or inheritable disorders in an infant pursuant to NRS 442.115 or a provision of federal law; or
8. By an agency of criminal justice pursuant to NRS 179A.075.".
Amend the bill as a whole by deleting sections 23 through 38 and inserting:
"Secs. 23-38. (Deleted by amendment.)".
Amend the bill as a whole by adding a new section designated sec. 38.5, following sec. 38, to read as follows:
"Sec. 38.5. The provisions of this act must be carried out within the limits of available appropriations and other resources.".
Amend sec. 39, page 18, line 40, by deleting "board" and inserting "subcommittee".
Amend sec. 39, page 18, line 41, after "syndrome" by inserting:
"of the advisory board on maternal and child health".
Amend sec. 39, page 19, by deleting lines 1 through 36 and inserting:
"2. The terms of the initial members of the subcommittee expire on October 1, 2001.".
Amend sec. 40, page 19, line 37, after "sections" by inserting "1,".
Amend sec. 40, page 19, line 39, by deleting "1,".
Amend the title of the bill by deleting the first through fourth lines and inserting:
"AN ACT relating to public health; creating the advisory subcommittee on fetal alcohol syndrome of the advisory board on maternal and child health and providing its duties; requiring the health division of the department of".