| OCR Text |
Show 6A The Salt Lake Tribune, -- Friday, January 21, 19Wi Doubt Cast on Future of Medical Malpractice Bill Continued idence F . shows om A-- l malpractice on, is going Sen Renstrom said the burden rests on the medical profession "to clean their own skirts." He said if a doctor commits an error that severely injures a patient, the doctor should be held responsible for the error. Sen Dona Wayment, said she could tell horror story after horror story of people being grievously harmed by careless doctors. "We need to put pressure on the medical profession to clean up their carelessness," she said. But Sen. Paul Rogers, said the limit only applies to one of three areas in which doctors can be sued They can still be sued for un limited sums on economic loss and punitive damages, he said W'e the Senate Health Commutee even put an amendment in the bill to state specifically that the limit" does not apply to punitive damages "What this bill does is send a message to insurance carriers that Utah is aware of the problem of skyrocketing malpractice claims and is doing something about it," said Sen Barlow In other Senate action Thursday, a bill to regulate outfits that offer educational diplomas and certificates was passed on to the House, as well as a measure to insure Utahns injured by an accidental spill of nuclear materials could be covered by an already existing federally-mandateinsurance fund d Senators also sent to the House a measure that would insure people doing volunteer work for local government agencies be covered by the government entity's insurance plan. The House advanced to the Senate a bill aimed at curbing intoxicated customers who try to buy beer in grocery stores or bars. House Bill 182, passed 49-is designed to enable store clerks to detain drunks as they can shoplifters until police arrive. It was recommended by the Utah Retail Grocers Association and also would apply to minors trying to buy beer. In addition, it may protect personlinel against any Dram ability should a third party be injured by the drunken customer. Shop-relate- d I'm sure when they clerks see the man or high school student trying to buy beer, they may not be able to detain them," said Rep. G LaMont RichLake City, who is also ards, president of the Utah Retailers and Wholesalers Association. But in 90 percent of the cases, it would work, especially in the larger stores that have security guards. he added. Presented to the House earlier this week, representatives had no problem with banning the sale of clove suspected to contain cigarettes twice the tar and nicotine of convention cigarettes. HB30 sponsored by Rep. Kaye Browning, was forwarded to the Senate 62-with no debate. Restaurants Say Theyre Being Picked On Panel Mulls Expansion of Indoor Clean Air Act By Douglas L. Parker Tribune Political Editor A bill specifying how much space restaurants should set aside for and adding more responsibility for employers to look out for in the workplace reached the Utah House Health Com- mittee Thursday. The measure, amending the Utah Indoor Clean Air Act, provides that a designated smoking area in restaurants may not exceed 50 percent of the available space or seating capacity. Modifications, however, could be sought from the local health departments if they wouldn't significantly affect the health or comfort of s. The present law states that only some area be assigned for leaving the restaurant the choice of allocating the space. And the pro s, posed changeover drew resistance from the Utah Restaurant Association. Ron Morgan, a URA representative, said the association believes it is being picked on." It is private industry seeking customers and, as such, will respond to the space needs based on the desire of their customers, he said. He noted that an interim study committee of the Utah Legislature dropped the idea of the state allocating space, and was irritated that the concept had returned in the bill sponsored by Rep. Keith Gates, The sponsor said surveys indicated about 16 percent of Utahns are smokers, and thus the 50 percent allocation would appear to be no infringement. "I don't know where he gets those Mr. Morgan responded. statistics, I've seen nothing to verify that. Why this percentage business back9 It's because theres a bunch of bureaucrats in the State Health Department who are died in the wool I'm one too, but I respect the rights of others " is The committee held nfi acti n in the wake of testimony s' gpest.ng the bill doesnt go far enough in protecting rights" and coun'er comment viewing the measure as too coercive in regulating smoking areas in public places. The bill contains such provisions as ashbarring portable or table-toin areas, trays designated smoking and, in the workplace, providing that employers shall not discriminate against an employee who complains 'about smoke pollution. Also, appropriate public gathering places should air announcements on a public ad- - u'i-'- s sy. .em aboil an. smoking areas mated It p.' ivides that employers, where possible, to arrange employee work stations next to ventilla'ed areas so they won l affected by smoke pollution, and tc ask individuals who are smoking in a designated no smoking area to refrain. Preference should aisu be given the rights of employees in attempting to reach agreements between the preferences of smoking and employees where individual work areas can be designated. p The latter employer provisions drew comment from one employer, Kendall P. Hatch, manager of USF&G Insurance, who said the bill is morally coercive and will upset offices who have to deal with all types of employees. Legislator In The Spotlight v men, hers did have a cities to a $300 with limiting problem of fireworks sale fee the for license of HB26 targeted by Utah League was Cities and Towns' lobbyists But House killed The bill stemmed from an attempt by the Salt Lake City Council to raise the fee for fireworks distributors r from $300 to $1 300. although Ted Wilson vetoed the coun19-4- 3 then-Mayo- cil's action. "We shouldn't be telling those cities what they can charge to regulate those firework stands." argued Rep Lake "We (the Frank Johnson. state don't have the right to police these, they do. Sponsor of the defeated bill. Rep Lorin Pace, Lake, said the inlitent was to make firework-salcense fees more uniform statewide. He said the fees now range from a 7 lt z Rep. e low of $3 to a high of $400. Representatives also shunned by a vote a bill that would have ordered children subjected to custody in divorce cases to be evaluated by cert if ed psychologists, social workers and other counselors. Alreu : used selectively, the evaluates cover issues such as parental 25-4- 0 preference and familial relations, used by the judge to determine custodial r.ghts. The bill would have mandated guidelines for the studies Finally, the House advanced to the vote, a measure Senate, by a that would change state water law to allow the Utah Division of Wildlife Resources to acquire and hold water in streams for fish habitat purposes. 43-2- 5 Several representatives feared that HB58 would encroach on irrigation water rights held by farmers. "It could come down to whether you like .to fish or eat," said House Majority Leader Glen Brown, But Rep. Gayle McKeachnie, HB58's sponsor, said the bill carried no such L. Keith Gates One of the few doctors in the House is Rep. L. Keith Gates, an opthamologist, serving his first term representing a dis- trict covering Logan's eastside and communities around Bear Lake. He turns his medical practice over to two partners during legislative sessions. Active in political party organization, he was asked to run when a vacancy opened. But he doubted his chances. "I thought most physicians were viewed on about the same plane as used car salesmen, he quipped. In practice in Logan since 1958, he found the voters acceptance, and, this session, is chiefly interested in sponsoring more restrictions in the Indoor Clean Air Act concerned with designated smoking areas. I am behind it because I am a physician and the scientifically proved health risks connected with tobacco, and even the second hand smoking, so to speak, he said. Utahs Technical Colleges Legislative Panel Hears Assessment on Funding Tribune Stott Photo bv Fronk Porschatis Peterson sits in for Arnold Christensen while the Senate president attends to other duties. The Chuck Sen. C.E. Bill in Senate Exempts Clergy From Having To Report Child Abuse Strong pleas by prosecutors to kill a bill that would exempt the clergy from state requirements to report child abuse cases failed to prevent a Senate committee Thursday from recommending passage of the controversial measure. Represenatives of the Church of Saints and Jesus Christ of Latter-dathe Catholic Church urged the Senate Social Services committee to pass the measure on to the full Senate, despite claims by law enforcement officials the law should be squashed. The panel voted to pass the bill out favorably to the Senate after impassioned arguments pitted constitutional guarantees of freedom of religion against law enforcement's fight to convict child abusers "There is an army of people in this state who have the responsibility of dealing with this problem who are in religious positions, said LDS Church spokesman Richard Lindsay. He argued that exempting clergy from the state law requrmg the reporting of child abuse would "likely foster greater disclosure of child abuse." because it would encourage abusers to confess to their religious counselors. But John T. Nielsen, commissioner of public safety, called the bill a gross overreaction by organized rey 1 ligion." The Utah House of Representatives has approved a resolution asking Congress to support a constitu-liona- l amendment to give states or congressmen the right to reverse certain U S. Supreme Court and federal agency decisions. Rep. Lloyd Selleneit, sponsor of the resolution his colwants a process leagues pased 47-to challenge those Supreme Court or administrative rulings that may violate the US Constitution's 10th Amendment, which reserves certain governing powers for states. 9 medical-malpractic- e claims, but the measure must clear another vote. Senators Argue Deep Pockets Liability Law By Paul Roily Tribune Staff Writer A bill designed to protect cities and towns in liability lawsuits that would turn tort law in Utah on its ear" was so hotly debated in a Senate committee Thursday lawmakers decided to hold off on a vote so more people could speak to the issue at the next meeting. The measure, sponsored by Sen. would do Haven Barlow, with the concept in away Utah that a party can be held liable for the entire amount of a damage claim if it is judged that party is at least percent at fault for the plaintiff's injury. That concept, called the "deep pocket theory" has been severely criticized by representatives of municipalities that could potentially 1 find themselves liable for an entire damage claim if the jury finds a government entity's error had anything at all to do with the incident that prompted the lawsuit The Barlow measure, Senate Bill 64, would limit the amount that could be won from a party to the percentage of the blame attached to that party. If a city was found by a jury to be 20 percent at fault in a $1 million judgment, for example, the claim against that city could not exceed $200,000, according to the bill But a section in the bill that brought particular criticism from the measure's detractors would preclude the judge from telling jurors the affect of their action in assigning blame to various defendants in a damage suit. If the jury assigns 1 percent blame Resolution Nuclear Test-Ba- n (L ances Despite Opposition A state legislative committee bounced a foreign policy issue off its members Thursday by advancing a resolution urging the federal government to stop all nuclear testing The Health Committee of the Utah House of Representatives, amid expressions of distrust toward the Soviet Union, sent the resolution to the favorfull House for debate on a 6-- Expand Slates' Rower. House Urges Congrev legislators advanced a bill putting a cap on able vote The committee arena cast the sponsor of the test ban request, Rep Blaze Wharton, I) Salt Lake City, appealing to a Republican-dominatecommittee to put politics aside and consider the critical health risks for Utah Rep Wharton is the executive director for the Utah Democratic Par ty However, his opposition grounded in an opposite political was phi- losophy Rep Scott Holt. R Syracuse, argued endorsement of the resolution would send a message, in strategic terms, that we'ie getting a little soft here" Its the wrong signal in US negotiations with the Soviet Union, he added The Soviets have a temporary test ban moratorium and are asking the U S to join in it trust the Soviets about as far as I can drop kick an anvil." added Rep. Keith Gales, R Logan. But an affirmative majority for clearing the resolution was found mostly in committee members who maintained more people should determine the resolution's fate Lake Rep Samuel Taylor, City, a resolution backer, appeared slightly chagrined by the committee's overall tepid attitude "I was born and raised in New Jersey. and when I came here I had heard about the tradition of Utah as a pioneer state A pioneer is one who leads," Rep Taylor said "The resolution may sound radical, but it isn't It sends a message that 35 ears of testing on our bonier is enough." said Steve Erickson of the Pownwinders, a group opposed to the undei ground testing of nuclear devices in Nevada "1 1 to a government agency and 99 percent blame to an individual defendant who has no money and no insurance, the jury could not be told the plaintiff would only get 1 percent of the amount awarded, said Ralph Dewsnup, a lawyer who spoke against the bill. If a kid says something stupid to a gang of nine and they beat him to the point he is paralyzed for life and he brings suit, the jury cannot be told that if each kid. including the plaintiff, is assigned 10 percent of the blame for the incident, that kid will get nothing because under this bill the plaintiff's blame cannot equal that of the defendants in order for him to collect any damages," Mr. Dewsnup said This bill is a significant change to what we now have, By Dawn Tracy Tribune Education Writer Legislators are asking colleges to tighten their belts at the same time the gap between Utah colleges and comparable national institutions is widening. This was the assessment of what the effects of more cuts will be on the states two technical colleges, according to the presidents of Utah Technical College at Salt Lake City and at Provo, Orem. The presidents spoke with members of the Higher Education Joint Appropriations Committee meeting this week at the Capitol. O. D. Carnahan, president of UTech at Salt Lake, said the only cuts he can make from uncommitted funds would be in drastically reducing spring quarter night school classes. About 90 percent of all other funds at the college for this fiscal year have been committed already, he said. An even bigger and ongoing problem is faculty salaries, said Dr. Carnahan. Salary comparisons for UTech and peer institutions show that UTech at Salt Lake continues to come in close to last. UTech hovers around 83 percent for salaries and 87 percent for all compensations, when compared to average salary figures. W'ages at UTech at Provo are slightly higher. Dr. Carnahan said that for next year's budget, unavoidable cost increases such as utility, postage and insurance costs aren't even included in the base budget recommended by legislative analysts. The increases, totaling $93,300, are found in a building blocks" category that's designated as "optional. Another problem the college faces is that legislators haven't allowed money for new programs, he said. Funds for new offerings are taken from existing money instead. "That's called cannibalizing," said I 1th Day SENATE Bills Posted Over son) Exempt from permit requirements users of motor vehicles powered by special fuels and less than that ls,000 pounds gross weight. By Sen, ate SB45 (Carling) Accord local govern merit volunteers workers compensation and other liability or Indemnity entitle. ments Bv Senate SB SI (Banger ter ) Amend the amount of fees that may be char ged notar les public for various services. By Senate 173 SB52 (Hlllyord) Remove the requirement that state school board candidates must file a nomination petition signed by 00 voters By Senate 20 0. SBS3 (Hlllyard) Set o procedure for filling State Board of Education vacancies ttn ouyh nomination and appointment processes By Senote 26 0 E SB6 (C Peter son) E nact r eguiatnr y law tor pr vote schools pr ovldiny postsc-Condo. y education By Senate SB85 (Over son) Clarify that the Division of Services to the Handicapped has authority over the State Training School By Senate 25-Bills Killed for SB63 (Over son) Add provisions county initiative and referendum voting similar to municipal gover nments Killed by Senate 022. Bills Introduced SB 161 (Barton) Impose penalties tor makers ot a fraudulent check, draff, oi der or other Instrument SB 162 (Barlow) Prohibit the Public Ser vk e I ommlsslnn fr om fixing rates based on measur ed usage for lor al e x hungr r ot cess ser vices SR 163 (Sowar d, et al ) Amend the definition optometry and the requirements for certification of optometrists to use phor muceutkal agents SB26 f CALENDAR SB 164 (Peterson) Clarify notice provisions when excovatlng under gr ound utility facilities Resolutions Introduced SCR2 (Black) Make Eebruury of each yeor American History Month. By Senate 20 0 HOUSE Bills Possed (Browning) Prohibit the sale of . clove cigarettes. By House MHS8 (McKeachnie) Provide for Division of Wildlife Resources to file change applications for Instream flow. By House HR 10 45 23 HB3 (Hunter, Bradshaw) Amend the Phai mac v Pr actlce Act and exempt hospital pharmacies fr m certain prescrip. tion or der edit ts. By House MIW5 (Pitcher, et al ) License archi. tects. By House MH12J (Moss) Direct Board of Regents to pi epar e Impact statement on any pr legislation that would Increase higher education requirements for a pro. fessional certificate. By House MB 13V (Hunter) Increase the penalties for c ertaln at son offenses By House 52 0. HB146 (Oar Lett) Requite housing an thorlty officials to disclose Interests In property or transactions By House 59 0. HR 152 (A lie n) I xpond the use of money under the Insect Infestation t mergency Control Act By House 58 0 HR 18 2 (Rk hai ds) Pr ohlhlt cer tain per sons from pure hosing alcoholic bevei ayes and allow merchants to detain per Dr. Carnahan. "This has gone far beyond increasing productivity." Expenditures to educate each fulltime equivalent student at UTech at Salt Lake have actually gone down since 1978. if adjusted for inflation, he said. This has occurred at the same time the college has experienced a large student growth rate. During the last five years, number of students attending UTech at Provo has increased by 80 percent, according to J. Marvin Higbee, Provo UTech president. Yet during this same peri- od, the institution has experienced a period of economic stringency. "Not only were appropriations inadequate, actual budget reductions occurred year after year," according to a UTech, Provo, report submitted to the committee. In terms of deflated dollars over fives years, UTech Provo receives 26.9 percent less in state appropriations per student. Consequences of this under funding are many and severe," according to the report. The lack of adequate instructional equipment is appalling. Too many classes are taught by part-timteachers. Staff support is lacking in many areas. Funds are not available to deal with library shortages, the handicapped program expansion and cost increases." Library holdings at the college are half the recommended number for colleges of the type and size of UTech, according to Pres. Higbee. Also, while enrollment has increased 80 percent since 1978, support staff has increased only 21 percent. The ratio of secretaries to faculty, for instance, is more than double recommended ratios, said Pres. Higbee. The president cited a survey of 500 Utah County residents, 80 percent of whom said the legislature should consider more funding for the college. e sons seeking purchases unlawfully. By . House HB 183 (Stephens) Modify the definitions of "bonds r efunded" In school build. ing programs. By House Resolutions Possed HJR5 (Selleneit) Call upon Congress to pass a U.S. constitutional amendment that would permit states or Congress to override decisions by the U.S. Supreme Court ond federal regulatory agencies. By House 47-Bills Killed HB26 (Pace) L Irnlt city and county licensing lees for fireworks dealers. Bv House HB 17 (Walker ) Pi ovlde that In custody cases the cowl may order on evaluation of the c hlkJr en and assess costs from the par ties. By House Bills Introduced HB240 (Sykes) Create telecommunication Jones, their regulation and use. HB241 (Moss) Provide penalties tor Individuals who sell controlled substances on school property or at school activities. HB242 (Moss) Provide for the reporting of suspected controlled substance abuse on school property or at school activities. HB743 (Moss) Develop programs to pr ovlde Instr uctlon In each gr ode level on ttie harmful effects ot ukohol, tobacco and controlled substances HB744 (Skousen) Prohibit Identification of child vk Urns of sexual abuse coses In public records, videotaped testimony ond court pr oceedlngs. HB245 (McKeachnie) Change the formula through which money In the Mineral I ease Account Is allocated. HB246 (Bishop) Ci rate a long ter rrt disability pi ogr am tor member s of ttie public safety retirement system, MH747 (Pat e) Requlr e r enter s and owner s to maintain premises In fit condition; amend provision relating to abandon-meri- t of pr emlses |
