MINUTES OF THE
	SENATE COMMITTEE ON COMMERCE AND LABOR

	Sixty-eighth Session
	February 21, 1995


The Senate Committee on Commerce and Labor was called to order 
by Chairman Randolph J. Townsend, at 8:00 a.m., on Tuesday, 
February 21, 1995, in Room 227 of the Legislative Building, 
Carson City, Nevada.  Exhibit A is the Agenda.  Exhibit B is the 
Attendance Roster.


COMMITTEE MEMBERS PRESENT:

Senator Randolph J. Townsend, Chairman
Senator Ann O'Connell, Vice Chairman
Senator Sue Lowden
Senator Kathy M. Augustine
Senator Raymond C. Shaffer
Senator John B. (Jack) Regan
Senator Joseph M. Neal, Jr.

STAFF MEMBERS PRESENT:

Scott Young, Senior Research Analyst
Molly Dondero, Committee Secretary
DeLynn Gallentine, Committee Secretary

OTHERS PRESENT:

Carol Hanna, Executive Director, State of Nevada, Private 
Investigator's Licensing 	Board
Moreen Scully, Deputy Attorney General, Occupational Therapy 
Board
Dave Nicholas, Lobbyist, Nevada Occupational Therapists 
Association
Marsha Berkbigler, Lobbyist, Nevada State Medical Association
James E. Pierce, R.S., Board Member, Board for Registration of 
Public Health 	Sanitarians 

Carol Hanna, Executive Director, State of Nevada, Private 
Investigator's Licensing Board, spoke in regard to Senate Bill 
(S.B.) 2.


SENATE BILL 2:	Authorizes private investigator's licensing 	
					board to employ certain persons to 
carry out 					duties of board. (BDR 54-629)

Ms. Hanna stated the Legislative Council Bureau requested the 
changes made in sections 1,2, and 3.  She stated the legal 
division felt there was not enough consistency in the regulatory 
codes.  She stated her office would like to remove "attorneys" 
from section 1, subsection 2.  She submitted Exhibit C  (her 
testimony and an overview of the bill).

Senator Regan questioned the phrase "powers of peace officer" in 
section 2.  He commented a person who is a  "peace officer" has 
a unique position and questioned the use of the term "peace 
officer" in the bill.

Senator O'Connell asked how the term "peace officer" is used in 
the private investigator field.  Ms. Hanna stated there are many 
times a private investigator  needs the powers of a "peace 
officer."  She stated last session a bill was passed which 
required a "peace officer" status for issuance of a citation. 
  She stated citations are given for unlicenced activity.  

Senator Townsend asked for the reasons for making the changes to 
the law with S.B. 2.  Ms. Hanna stated the Legislative Council 
Bureau requested the changes.  
Senator Townsend asked if there is a need for any of the changes 
requested in the bill.  Ms. Hanna stated she does not feel the 
need for the changes and agreed they do not need the bill.  

Ms. Hanna asked for the repeal of Nevada Revised Statutes  (NRS) 
648.141 which states anyone who enters the state to be licensed 
must show they will be in the state 51 percent of the time.  She 
stated the statute cannot be upheld legally.  She stated it is 
a breach of state power to regulate commerce.  Senator Townsend 
instructed Ms. Hanna to have the bill deleted and to request an 
amendment asking for the repeal of NRS 648.141.

Senator Townsend closed the hearing on S.B. 2 and opened the 
hearing on S.B. 3.

SENATE BILL 3:	Requires board of occupational therapy to submit 
to governor 
list of names of persons qualified for membership 
on board.			(BDR 54-835)

Moreen Scully, Deputy Attorney General, Occupational Therapy 
Board, requested a change be made allowing the Board of 
Occupational Therapists to choose future board members.  

Senator Shaffer asked if the Governor must choose from the 
board's recommendations, or if he can select someone not 
suggested by the board.  Ms. Scully indicated the Governor can 
still choose someone not on the list.  She stated the selection 
process will be removed from the power of the Nevada 
Occupational Therapists Association.  

Senator O'Connell asked why "current" was removed from line 13 
of the bill.  Ms. Scully stated it was just to make the sentence 
less wordy.  

Dave Nicholas, Lobbyist, Nevada Occupational Therapists 
Association, stated the word "current" is not necessary.   He 
stressed either a person has a license or they do not.   As the 
selection process goes, he stated the board is the only source 
of names at this time under current law.  He explained when the 
board was originally established, the Nevada Occupational 
Therapists Association was the only organization.  He indicated 
the board is now sufficiently established to do recommendations 
on their own.  

Senator Townsend asked Marsha Berkbigler, Lobbyist, Nevada State 
Medical Association (NSMA), if NSMA submits a list of people for 
selection to the Governor for the Board of Medical Examiners.

Ms. Berkbigler commented they do submit a list of names for 
consideration.  She stated she does not think it is in statute 
saying the list can be submitted.  

Senator Townsend stated before acting on this bill he would like 
to clarify if other boards have similar regulations.  He stated 
he does not feel it is necessary for subsection 5 to be in the 
bill.  He indicated he would like to see the regulations be the 
same for all boards.  Mr. Nicholas stated he would be happy to 
follow up on the regulations.  Exhibit D was submitted in 
support of S.B. 3.

Scott Young, Senior Research Analyst, stated in the statutes for 
physicians there is no requirement for a Governor to pick from 
a list.   It states what qualifications a board member must have 
and says the Governor may pick one.  Senator Townsend asked for 
an amendment to remove "current" from section 3, paragraph (b), 
and for an amendment to remove subsection 5 from S.B. 3.

Senator Townsend closed the hearing on S.B. 3 and opened the 
hearing on S.B. 4.

SENATE BILL 4:	Requires board of occupational therapy to submit 
to governor 			list of names of persons qualified for 
membership on board.  			(BDR 54-835)

James E. Pierce, R.S., Board Member, Board for Registration of 
Public Health Sanitarians, discussed the changes proposed in 
S.B. 3.  He stated the board agrees with the proposed language 
and its intent.  He stated, "I think the intent was to move 
disciplinary action procedures from statute to regulation."

Senator O'Connell asked for clarification of the new language on 
line 2 and 3.  She asked if "or after providing an opportunity 
for a hearing" means the person would not take advantage of a 
hearing before the board.  Mr. Pierce responded a person must be 
given an opportunity to have a hearing.  He stated a person does 
not have to appear before the board.  Mr. Pierce stated the 
Office of the Attorney  General proposed the new language.  

Senator Townsend asked if the new language is necessary.  He 
stated he does not want to put any language into statute for one 
board which is not in statute for another board.  Senator 
Townsend suggested to Mr. Pierce, since the current title of the 
board does not correctly identify the duties of the board, he 
should discuss with his other board members what a better title 
for the board would be.  

Senator O'Connell questioned the language used on line 20.  She 
suggested the term "regulation" might not be the proper term. 
 Senator Townsend directed Mr. Young to check the language in 
S.B. 4 to determine if the language matches other board 
regulations.  

Senator Townsend closed the hearing on S.B. 4.  A discussion 
followed during which Senator Townsend read from Exhibit E (a 
discussion of the Falline decision).

Exhibit F (a letter from Dr. Robert Kessler) was distributed but 
not discussed.

Senator Townsend closed the hearing at 8:40 a.m.

RESPECTFULLY SUBMITTED:



	
Molly Dondero,
Committee Secretary

APPROVED BY:





Senator Randolph J. Townsend, Chairman


DATE: 						



Senate Committee on Commerce and Labor
February 21, 1995
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