MINUTES
SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES
Thursday, March 15, 2001
9 a.m.
Senate Chamber
*****
Pursuant to a notice posted in accordance with Senate Rule
11.18, a public hearing of the Senate Committee on Health and
Human Services was held on Thursday, March 15, 2001, in the
Senate Chamber at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Mike Moncrief, Chairman None
Senator John Carona, Vice Chairman
Senator David Bernsen
Senator Mario Gallegos, Jr.
Senator Chris Harris
Senator Frank Madla
Senator Jane Nelson
Senator Eliot Shapleigh
Senator David Sibley
*****
The chairman called the meeting to order at 9:05 a.m. There
being a quorum present, the following business was transacted.
The chairman laid out the March 8, 2001, minutes and called for
revisions. There being none, Senator Madla moved their
approval. There being no objection, the motion prevailed by
unanimous consent.
At 9:06 a.m. Senator Carona assumed presiding duties.
The chairman laid out SB 644 by Senator Moncrief, relating to
continuity of care for offenders with mental impairments, and
recognized the author to explain the bill.
Witnesses testifying and registering on SB 644 are shown on the
attached list. There being no other witnesses registered or
responding to the chairman's call for public testimony relating
to SB 644, the chairman closed public testimony.
Senators Gallegos and Shapleigh asked unanimous consent to be
shown voting "aye" on SB 644. There being no objection, the
motion prevailed by unanimous consent.
Senator Moncrief moved that SB 644 be reported to the Senate
with the recommendation that it do pass and be printed. The
motion prevailed by a vote of 8 ayes, 0 nays and 1 absent.
Senator Moncrief moved that SB 644 be recommended for
certification on the local and uncontested calendar. There
being no objection, the motion prevailed by unanimous consent.
At 9:15 a.m. Senator Moncrief resumed presiding duties.
The chairman laid out SB 533 by Senator Nelson, relating to the
regulation of certain acts by dentists, and recognized the
author to explain the bill.
Witnesses testifying and registering on SB 533 are shown on the
attached list. There being no other witnesses registered or
responding to the chairman's call for public testimony relating
to SB 533, the chairman closed public testimony.
Senator Gallegos asked unanimous consent to be shown voting "aye"
on SB 533. There being no objection, the motion prevailed by
unanimous consent.
Senator Sibley moved that SB 533 be reported to the Senate with
the recommendation that it do pass and be printed. The motion
prevailed by a vote of 8 ayes, 0 nays and 1 absent.
Senator Nelson moved that SB 533 be recommended for
certification on the local and uncontested calendar. There
being no objection, the motion prevailed by unanimous consent.
The chairman laid out SB 1065 by Senator Lucio, relating to
changing the name of the South Texas Hospital to the South Texas
Health Care System and to eliminating the certain obsolete
provisions relating to the hospital, and recognized the author
to explain the bill.
No witnesses testified or registered on SB 1065.
Senator Gallegos asked unanimous consent to be shown voting "aye"
on SB 1065. There being no objection, the motion prevailed by
unanimous consent.
Senator Nelson moved that SB 1065 be reported to the Senate with
the recommendation that it do pass and be printed. The motion
prevailed by a vote of 8 ayes, 0 nays and 1 absent.
At 9:23 a.m. Senator Carona assumed presiding duties.
The chairman laid out SB 1034 by Senator Moncrief, relating to
the right of certain persons to enter a public facility with an
assistance animal, and recognized the author to explain the
bill.
Witnesses testifying and registering on SB 1034 are shown on the
attached list. There being no other witnesses registered or
responding to the chairman's call for public testimony relating
to SB 1034, the chairman closed public testimony.
Senators Bernsen and Gallegos asked unanimous consent to be
shown voting "aye" on SB 1034. There being no objection, the
motion prevailed by unanimous consent.
Senator Sibley moved that SB 1034 be reported to the Senate with
the recommendation that it do pass and be printed. The motion
prevailed by a vote of 8 ayes, 0 nays and 1 absent.
Senator Sibley moved that SB 1034 be recommended for
certification on the local and uncontested calendar. There
being no objection, the motion prevailed by unanimous consent.
At 9:32 a.m. Senator Moncrief resumed presiding duties.
The chairman laid out SB 539 by Senator Carona, relating to
regulating the enteral administration of anesthesia in
connection with the practice of dentistry, and recognized the
author to explain the bill.
Senator Carona sent up a committee substitute for SB 539 and
explained the differences between it and the bill as filed.
Senator Carona moved the adoption of the committee substitute
for SB 539. There being no objection, the motion prevailed by
unanimous consent.
Witnesses testifying and registering on the committee substitute
for SB 539 are shown on the attached list. There being no other
witnesses registered or responding to the chairman's call for
public testimony relating to the committee substitute for SB
539, the chairman closed public testimony.
Senators Gallegos and Nelson asked unanimous consent to be shown
voting "aye" on the committee substitute for SB 539. There
being no objection, the motion prevailed by unanimous consent.
Senator Sibley moved that SB 539 be reported to the Senate with
the recommendation that it do not pass, but that the committee
substitute adopted in lieu thereof do pass and be printed. The
motion prevailed by a vote of 8 ayes, 0 nays and 1 absent.
Senator Carona moved that the committee substitute for SB 539 be
recommended for certification on the local and uncontested
calendar. There being no objection, the motion prevailed by
unanimous consent.
At 9:38 a.m. Senator Carona assumed presiding duties.
The chairman laid out SB 789 by Senator Moncrief, relating to
the regulation and reimbursement of telemedicine medical
services, and recognized the author to explain the bill.
Senator Moncrief sent up a committee substitute for SB 789 and
explained the differences between it and the bill as filed.
Senator Moncrief moved the adoption of the committee substitute
for SB 789. There being no objection, the motion prevailed by
unanimous consent.
Senator Madla sent up committee amendment 1 and explained it.
Senator Madla moved the adoption of committee amendment 1.
There being no objection, the motion prevailed by unanimous
consent.
Senator Madla sent up committee amendment 2 and explained it.
Senator Madla moved the adoption of committee amendment 2.
There being no objection, the motion prevailed by unanimous
consent.
Senator Madla sent up committee amendment 3 and explained it.
Senator Madla moved the adoption of committee amendment 3.
There being no objection, the motion prevailed by unanimous
consent.
Senator Madla moved that committee amendments 1, 2 and 3 be
rolled into a new committee substitute for SB 789 and that the
new committee substitute for SB 789 be adopted. There being no
objection, the motion prevailed by unanimous consent.
Witnesses testifying and registering on the committee substitute
for SB 789 are shown on the attached list. There being no other
witnesses registered or responding to the chairman's call for
public testimony relating to the committee substitute for SB
789, the chairman closed public testimony.
At the author's request, the committee substitute for SB 789 was
left pending.
At 10:17 a.m. Senator Moncrief resumed presiding duties.
The chairman laid out SB 643 by Senator Madla, relating to the
practice of acupuncture, and recognized the author to explain
the bill.
Senator Madla sent up a committee substitute for SB 643 and
explained the differences between it and the bill as filed.
Senator Madla moved the adoption of the committee substitute for
SB 643. There being no objection, the motion prevailed by
unanimous consent.
Witnesses testifying and registering on the committee substitute
for SB 643 are shown on the attached list. There being no other
witnesses registered or responding to the chairman's call for
public testimony relating to the committee substitute for SB
643, the chairman closed public testimony.
The chairman left the committee substitute for SB 643 pending
temporarily, to await the arrival of a quorum.
The chairman laid out SB 33 by Senator Zaffirini, relating to
the provision of prescribed medications and community and
personal care services under the medical assistance program, and
recognized Senator Carona, in absence of the author, to explain
the bill.
Witnesses testifying and registering on SB 33 are shown on the
attached list. There being no other witnesses registered or
responding to the chairman's call for public testimony relating
to SB 33, the chairman closed public testimony.
At the chairman's request, SB 33 was left pending.
The chairman laid out anew, SB 643 by Senator Madla, relating to
the practice of acupuncture, which had been left pending to
await the arrival of a quorum.
Senators Bernsen, Gallegos and Sibley asked unanimous consent to
be shown voting "aye" on the committee substitute for SB 643.
There being no objection, the motion prevailed by unanimous
consent.
Senator Madla moved that SB 643 be reported to the Senate with
the recommendation that it do not pass, but that the committee
substitute adopted in lieu thereof do pass and be printed. The
motion prevailed by a vote of 7 ayes, 0 nays and 2 absent.
Senator Madla moved that the committee substitute for SB 643 be
recommended for certification on the local and uncontested
calendar. There being no objection, the motion prevailed by
unanimous consent.
At 10:31 a.m. Senator Carona assumed presiding duties.
The chairman laid out SB 65 by Senator Moncrief, relating to the
regulation of certain automated systems used to dispense
prescription drugs, and recognized the author to explain the
bill.
Senator Moncrief sent up a committee substitute for SB 65 and
explained the differences between it and the bill as filed.
Senator Moncrief moved the adoption of the committee substitute
for SB 65. There being no objection, the motion prevailed by
unanimous consent.
Senator Moncrief sent up committee amendment 1 and explained it.
Senator Moncrief moved that adoption of committee amendment 1.
There being no objection, the motion prevailed by unanimous
consent.
Testimony on the committee substitute for SB 65, as amended,
began.
The chairman left testimony on the committee substitute for SB
65 pending, until after the adjournment of the Texas Senate.
Upon unanimous consent, Senator Carona recessed the committee at
10:49 a.m. until 30 minutes after the adjournment of the Texas
Senate.
The chairman reconvened the Senate Committee on Health and Human
Services at 1:51 p.m.
At 1:51 p.m. Senator Nelson assumed presiding duties.
Senator Moncrief moved that committee amendment 1 be rolled into
a new committee substitute for SB 65 and that the new committee
substitute for SB 65 be adopted. There being no objection, the
motion prevailed by unanimous consent.
Testimony on the committee substitute for SB 65 resumed.
Witnesses testifying and registering on the committee substitute
for SB 65 are shown on the attached list. There being no other
witnesses registered or responding to the chairman's call for
public testimony relating to the committee substitute for SB 65,
the chairman closed public testimony.
The chairman left the committee substitute for SB 65 pending
temporarily, to await the arrival of a quorum.
At 1:53 p.m. Senator Moncrief resumed presiding duties.
The chairman laid out SB 98 by Senator Nelson, relating to the
regulation of certain automated systems used to dispense
prescription drugs, and recognized the author to explain the
bill.
Witnesses testifying and registering on SB 98 are shown on the
attached list. There being no other witnesses registered or
responding to the chairman's call for public testimony relating
to SB 98, the chairman closed public testimony.
Senators Carona, Bernsen, Gallegos, Harris and Sibley asked
unanimous consent to be shown voting "aye" on SB 98. There
being no objection, the motion prevailed by unanimous consent.
Senator Madla asked unanimous consent to be shown voting
"present not voting" on SB 98. There being no objection, the
motion prevailed by unanimous consent.
Senator Nelson moved that SB 98 be reported to the Senate with
the recommendation that it do pass and be printed. The motion
prevailed by 8 ayes, 0 nays, 0 absent and 1 present not voting.
Senator Nelson moved that SB 98 be recommended for certification
on the local and uncontested calendar. There being no
objection, the motion prevailed by unanimous consent.
At 2:05 p.m. Senator Nelson assumed presiding duties.
The chairman laid out anew SB 65 by Senator Moncrief, relating
to the regulation of certain automated systems used to dispense
prescription drugs, which had been left pending to await the
arrival of a quorum.
Senators Carona, Bernsen, Gallegos, Harris, Madla and Sibley
asked unanimous consent to be shown voting "aye" on the
committee substitute for SB 65. There being no objection, the
motion prevailed by unanimous consent.
Senator Moncrief moved that SB 65 be reported to the Senate with
the recommendation that it do not pass, but that the committee
substitute adopted in lieu thereof do pass and be printed. The
motion prevailed by a vote of 9 ayes, 0 nays and 0 absent.
Senator Moncrief moved that the committee substitute for SB 65
be recommended for certification on the local and uncontested
calendar. There being no objection, the motion prevailed by
unanimous consent.
At 2:07 p.m. Senator Moncrief resumed presiding duties.
The chairman laid out SB 114 by Senator Madla, relating to
delegation of certain acts by dentists, and recognized Senator
Nelson, in absence of the author, to explain the bill.
Senator Nelson sent up committee amendment 1 and explained it.
Senator Nelson moved the adoption of committee amendment 1.
There being no objection, the motion prevailed by unanimous
consent.
Senator Nelson moved that committee amendment 1 be rolled into a
committee substitute for SB 114 and that the committee
substitute for SB 114 be adopted. There being no objection, the
motion prevailed by unanimous consent.
Witnesses testifying and registering on the committee substitute
for SB 114 are shown on the attached list. Testimony on the
committee substitute for SB 114 was left open.
At the chairman's request, the committee substitute for SB 114
was left pending.
The chairman laid out SB 684 by Senator Madla, relating to the
definition of non-physician mental health professional for
purposes of a proceeding or evaluation under the Texas Mental
Health Code, and recognized Senator Nelson, in absence of the
author, to explain the bill.
Senator Nelson sent up a committee substitute for SB 684 and
explained the differences between it and the bill as filed.
Senator Nelson moved the adoption of the committee substitute
for SB 684. There being no objection, the motion prevailed by
unanimous consent.
Witnesses testifying and registering on the committee substitute
for SB 684 are shown on the
attached list. There being no other witnesses registered or
responding to the chairman's call for
public testimony relating to the committee substitute for SB
684, the chairman closed public testimony.
Senators Carona, Bernsen, Gallegos, Harris, Madla and Sibley
requested unanimous consent to be shown voting "aye" on the
committee substitute for SB 684. There being no objection, the
motion prevailed by unanimous consent.
Senator Nelson moved that SB 684 be reported to the Senate with
the recommendation that it do not pass, but that the committee
substitute adopted in lieu thereof do pass and be printed. The
motion prevailed by a vote of 9 ayes, 0 nays and 0 absent.
Senator Nelson moved that the committee substitute for SB 684 be
recommended for certification on the local and uncontested
calendar. There being no objection, the motion prevailed by
unanimous consent.
The chairman laid out SB 40 by Senator Zaffirini, relating to
tuition assistance for licensed vocational nursing students who
agree to practice in long-term care facilities, and recognized
Senator Shapleigh, in absence of the author, to explain the
bill.
Witnesses testifying and registering on SB 40 are shown on the
attached list. There being no other witnesses registered or
responding to the chairman's call for public testimony relating
to SB 40, the chairman closed public testimony.
At the chairman's request, SB 40 was left pending.
The chairman laid out anew the committee substitute for SB 751
by Senator Shapleigh, relating to providing the services
promotoras to certain recipients of medical assistance, which
had been left pending from a previous hearing, and recognized
Senator Shapleigh.
There being no other witnesses registered or responding to the
chairman's call for public testimony relating to the committee
substitute for SB 751, the chairman closed public testimony.
Senators Carona, Bernsen, Gallegos, Harris, Madla, Nelson and
Sibley asked unanimous consent to be shown voting "aye" on the
committee substitute for SB 751. There being no objection, the
motion prevailed by unanimous consent.
Senator Shapleigh moved that SB 751 be reported to the Senate
with the recommendation that it
do not pass, but that the committee substitute adopted in lieu
thereof do pass and be printed. The motion prevailed by a vote
of 9 ayes, 0 nays and 0 absent.
Senator Shapleigh moved that the committee substitute for SB 751
be recommended for certification on the local and uncontested
calendar. There being no objection, the motion prevailed by
unanimous consent.
No action was taking on the following bill:
SB 1002 by Senator Zaffirini, relating to the transfer of
certain state property from the Texas Department of Mental
Health and Mental Retardation to the Border Region MHMR
Community Center.
No action was taken on the following pending bill:
SB 595 by Senator Harris, relating to access to certain
complaints filed with the Texas State Board of Medical
Examiners.
There being no other business to come before the committee and
upon a motion by Senator Shapleigh, the chairman recessed the
committee by unanimous consent at 2:39 p.m., subject to the call
of the chairman.
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Senator Mike Moncrief, chairman
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Scott Caffey, committee clerk