MINUTES OF THE SENATE COMMITTEE ON COMMERCE AND LABOR Sixty-eighth Session May 17, 1995 The Senate Committee on Commerce and Labor was called to order by Chairman Randolph J. Townsend, at 8:30 a.m., on Wednesday, May 17, 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 OTHERS PRESENT: Bob Martin, Lobbyist, Executive Director, Nevada Association of Homeopathic Physicians Paula Berkley, Lobbyist, State Board of Psychological Examiners Dr. Christa Peterson, President, State Board of Psychological Examiners Dr. Robert G. Whittemore, Nevada State Psychologists Association Rhonda Moore, Deputy Attorney General Carol J. Aalbers, M.A., Westside Center for Counseling and Therapy Patricia Justice, Lobbyist, Clark County Art Besser, Chief of Licensing, Department of Business Licenses, Clark County Bob Martin, Lobbyist, Executive Director, Nevada Association of Homeopathic Physicians, spoke on behalf of Senate Bill (S.B.) 447. SENATE BILL 447: Provides for confidentiality of certain records or information obtained by board of homeopathic medical examiners during investigation. Senator Townsend asked if the language is consistent with language in other board bills. Scott Young, Senior Research Analyst, stated the language is identical to language found in many other boards and similar to the medical and osteopathic boards' language. Mr. Martin urged passage of the bill. The hearing was closed on S.B. 447 and opened on S.B. 448. SENATE BILL 448: Revises provisions governing licensing and regulation of psychologists. Paula Berkley, Lobbyist, State Board of Psychological Examiners, discussed S.B. 448. Ms. Berkley presented her testimony (Exhibit C). She discussed each section of the bill. Senator Townsend asked if there is mandatory revocation of a license if a psychologist is found guilty of activities listed in section 12 of Exhibit C. Dr. Christa Peterson, President, State Board of Psychological Examiners, stated there is a series of disciplinary actions which may be taken against a psychologist who has broken regulations. They range from placing restrictions on a license to revocation of the license. She stated the revocation is not mandatory based on the activities listed in section 12. The psychologist goes through due process and the board makes the determination of discipline. All psychologists, to date, who have been disciplined for activities listed in section 12, have had their licenses revoked. Ms. Berkley stated section 16 of Exhibit C is very important to the bill. She stated the definition of who is a patient is very important, also. A patient is defined as the person who is the object of the therapy and, also, that person's family if they are a part of the therapy. She stated everything is confidential. Dr. Peterson explained Exhibit D. She explained pages 1, 2, and 3 of Exhibit D. She stated the board has depleted its cash reserve during the past few years. Senator Shaffer asked if the board uses private counsel. Dr. Peterson stated they use the attorney general's office. Senator O'Connell asked if the test given to receive licensing is a national, standardized test. Dr. Peterson stated the test is a national written examination, and a special oral examination is given. She explained the board employs a panel of psychologists who construct the examination questions and the scoring criteria each time it is administered. She stated the test is given twice a year. She commented the written examination is standard throughout the country. The oral is given to each applicant even if they were licensed in another state. Senator O'Connell asked why the complaints are increasing. Dr. Peterson stated there has been a 40 percent increase throughout the United States in disciplinary actions against psychologists. She attributed the increase in reporting to a greater awareness of what is improper behavior by psychologists. Senator Lowden asked if the board has sent information on the requested changes to its members. Dr. Robert G. Whittemore, Nevada State Psychologists Association, stated the association supports S.B. 448 and its members are aware of the costs proposed in the bill. Senator Shaffer asked if the oral and written exams are equally weighted. Dr. Peterson stated the total grade for both must be passing. Senator Neal questioned the language in section 20. Ms. Berkley explained it addresses confidentiality. Rhonda Moore, Deputy Attorney General, stated she is counsel to the Board of Psychological Examiners and commented the psychologist is bound to claim privilege on behalf of the patient automatically. She stated it is part of the rules of ethics. She explained if a patient wishes information to be disclosed, the patient must sign for that disclosure. Senator Regan pointed out the public often confuses a psychologist with a psychiatrist. They are different professions. He stressed a psychiatrist must be a medical doctor. Dr. Whittemore explained a psychiatrist is first a medical doctor, then a psychiatrist. He stated a doctor of osteopathy may also be a psychiatrist. He stated a psychologist in Nevada must have a doctorate degree. Carol J. Aalbers, M.A., Westside Center for Counseling and Therapy, presented Exhibit E. She expressed her concern that changes may be made in requirements because she has been taking classes to qualify for her license. She questioned what changes were being made in the repealer section of the bill. Ms. Berkley stated there are no changes in requirements in the repealer section of the bill. Dr. Whittemore stated Nevada Revised Statutes (NRS) 641.170 is still in the bill. He referred to the wording in NRS 641.170 which is the same as the language in NRS 641.120. They are deleting NRS 641.120 because it is not necessary, but the deletion does not change the law. Dr. Peterson suggested NRS 641.120 may remain in the bill, to do so changes nothing in the bill. Exhibit F was submitted without discussion. The hearing was closed on S.B. 448 and opened on S.B 472. SENATE BILL 472: Provides for licensing and regulation of massage as therapy. Patricia Justice, Lobbyist, Clark County, discussed section 10 of the bill. Senator Townsend asked if the Governor will sign this bill if it is passed. Ms. Justice commented she does not know. Senator Townsend cautioned her that it is extremely difficult to have any more board bills signed this late in the session. He instructed her to discuss this issue with the Governor. Ms. Justice stated section 10 does not indicate how long the term will be for the members of the board. Senator Lowden asked if there is a standard length of service indicated on other boards. Mr. Young stated there is some variation in the length of service between boards. He pointed out there is some information in section 49 of S.B. 472 referring to the expiration of the terms. Ms. Justice asked how long is the term. Senator Neal stated each term is 4 years. Senator O'Connell commented there is no fiscal note on the bill, though it is noted that there should be one included. Ms. Justice stated there was no intent to have the bill create expense to the state. She commented she feels the licensing and regulating of massage therapists is efficient and will result in better service. Senator O'Connell pointed out the impact will not be on the state; it will be on local governments. Art Besser, Chief of Licensing, Department of Business Licenses, Clark County, commented the impact is already felt with local government. Arrests are currently being made of unlicensed massage therapists. Senator Townsend asked Ms. Justice if she has a budget for the board. Ms. Justice stated there is no budget. Senator Townsend explained when a request is made for a new board, there is an impact on the state. A deputy attorney general is required; there must be a budget for meetings and for hiring a secretary. He explained Ms. Justice has a great deal of information to obtain before she is ready to present this bill for a hearing. Senator Lowden expressed a desire to help them work on this bill. She stated there is a need for the legislation, especially in Clark County. She stated there are dual license requirements for therapists which create a financial hardship on people. They must be licensed in each county in which they work. She pointed out the fiscal note will be for a loss of revenue to the cities and counties in fees collected. She commented she is not generally in favor of establishing more boards, but this one is needed. Senator Townsend agreed. Senator Regan asked about "Rolfing." He asked if it is considered under this bill. He stated it is a major technique of some masseuses. Exhibit G was submitted without testimony. S.B. 472 was placed into subcommittee. There being no further business, the hearing was closed at 9:45 a.m. RESPECTFULLY SUBMITTED: Molly Dondero, Committee Secretary APPROVED BY: Senator Randolph J. Townsend, Chairman DATE: Senate Committee on Commerce and Labor May 17, 1995 Page