MINUTES SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES Thursday, May 3, 2001 8:30 a.m. or upon adjournment 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, May 3, 2001, in the Senate Chamber at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Mike Moncrief, Chairman Senator David Bernsen Senator John Carona, Vice Chairman Senator Chris Harris Senator Mario Gallegos, Jr. Senator Frank Madla Senator Jane Nelson Senator Eliot Shapleigh Senator David Sibley ***** The chairman called the meeting to order at 8:37 a.m. The following business was transacted. The chairman laid out HB 3421 by Representative Farabee, relating to the licensure of physician assistants, and recognized the Senate sponsor, Senator Madla, to explain the bill. Senator Madla sent up a committee substitute for HB 3421 and explained the differences between it and the bill as filed. Witnesses testifying and registering on the committee substitute for HB 3421 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 HB 3421, the chairman closed public testimony. The chairman left the committee substitute for HB 3421 pending temporarily, to await the arrival of a quorum. The chairman laid out HB 342 by Representative McClendon, relating to the study of disease management programs for children's asthma, and recognized the Senate sponsor, Senator Van de Putte, to explain the bill. Senator Madla sent up a committee substitute for HB 342 and Senator Van de Putte explained the differences between it and the bill as filed. Senator Madla moved the adoption of the committee substitute for HB 342. There being no objection, the motion prevailed by unanimous consent. Witnesses testifying and registering on the committee substitute for HB 342 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 HB 342, the chairman closed public testimony. The chairman left the committee substitute for HB 342 pending temporarily, to await the arrival of a quorum. At 8:47 a.m. Senator Carona assumed presiding duties. The chairman laid out HB 3365 by Representative Maxey, relating to medical case management services provided by a social worker under the Medicaid program, and recognized Senator Moncrief, in absence of the author, to explain the bill. Witnesses testifying and registering on HB 3365 are shown on the attached list. There being no other witnesses registering or responding to the chairman's call for public testimony relating to HB 3365, the chairman closed public testimony. The chairman left HB 3365 pending temporarily, to await the arrival of a quorum. At 8:50 a.m. Senator Moncrief resumed presiding duties. The chairman laid out HB 2446 by Representative Glaze, relating to emergency medical services, and recognized the Senate sponsor, Senator Madla, to explain the bill. Senator Madla sent up committee amendment 1 and explained it. Witnesses testifying and registering on HB 2446 are shown on the attached list. There being no other witnesses registered or responding to the chairman's call for public testimony relating to HB 2446, the chairman closed public testimony. The chairman left HB 2446 pending temporarily, to await the arrival of a quorum. At 8:54 a.m. Senator Madla assumed presiding duties. The chairman laid out HB 1782 by Representative Naishtat, relating to the right of certain persons to enter a public facility with an assistance animal, and recognized the Senate sponsor, Senator Moncrief, to explain the bill. The chairman left HB 1782 pending temporarily, to await the arrival of a quorum. The chairman laid out HB 1094 by Representative Gray, relating to the creation of a state prescription drug program for certain Medicare beneficiaries, and recognized the Senate sponsor, Senator Moncrief, to explain the bill. At 8:58 a.m. Senator Carona assumed presiding duties. Witnesses testifying and registering on HB 1094 are shown on the attached list. There being no other witnesses registered or responding to the chairman's call for public testimony relating to HB 1094, the chairman closed public testimony. The chairman left HB 1094 pending temporarily, to await the arrival of a quorum. The chairman laid out HCR 84 by Representative Maxey, memorializing congress to expand the number of community health centers and other community-based safety-net programs serving the poor and medically underserved communities, and recognized Senator Moncrief, in absence of the author, to explain the bill. Witnesses testifying and registering on HCR 84 are shown on the attached list. There being no other witnesses registered or responding to the chairman's call for public testimony relating to HCR 84, the chairman closed public testimony. The chairman left HCR 84 pending temporarily, to await the arrival of a quorum. The chairman laid out anew HB 1094 by Representative Gray, relating to the creation of a state prescription drug program for certain Medicare beneficiaries, which had been left pending to await the arrival of a quorum. Senator Sibley sent up committee amendment 1 and explained it. Senator Sibley moved the adoption of committee amendment 1. There being no objection, the motion prevailed by unanimous consent. At 9:09 a.m. a quorum was established. Senator Sibley moved that the adopted committee amendment be rolled into a committee substitute for HB 1094 and that the committee substitute for HB 1094 be adopted. There being no objection, the motion prevailed by unanimous consent. Senator Gallegos asked unanimous consent to be shown voting "aye" on the committee substitute for HB 1094. There being no objection, the motion prevailed by unanimous consent. Senator Sibley moved that HB 1094 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 6 ayes, 0 nays and 3 absent. At 9:11 a.m. Senator Moncrief resumed presiding duties. The chairman laid out anew SB 1269 by Senator Sibley, relating to the licensing and regulation of clinical nutritionists; providing a criminal penalty, and recognized the author. Senator Gallegos asked unanimous consent to be shown voting "aye" on the committee substitute for SB 1269. There being no objection, the motion prevailed by unanimous consent. Senator Sibley moved that SB 1269 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 6 ayes, 0 nays and 3 absent. The chairman laid out HB 2463 by Representative Glaze, relating to the issuance of permits in areas infected with or at risk of infection for bovine tuberculosis, and recognized the Senate sponsor, Senator Shapleigh, to explain the bill. Witnesses testifying and registering on HB 2463 are shown on the attached list. There being no other witnesses registered or responding to the chairman's call for public testimony relating to HB 2463, the chairman closed public testimony. Senator Gallegos asked unanimous consent to be shown voting "aye" on HB 2463. There being no objection, the motion prevailed by unanimous consent. Senator Shapleigh moved that HB 2463 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 6 ayes, 0 nays and 3 absent. Senator Shapleigh moved that HB 2463 be recommended for certification on the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. The chairman laid out HB 663 by Representative Ron Lewis, relating to the regulation of tanning facilities, and recognized the Senate sponsor, Senator Nelson, to explain the bill. Senator Nelson sent up a committee substitute for HB 663 and explained the differences between it and the bill as filed. Witnesses testifying and registering on the committee substitute for HB 663 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 HB 663, the chairman closed public testimony. Senators Gallegos and Shapleigh asked unanimous consent to be shown voting "aye" on the committee substitute for HB 663. There being no objection, the motion prevailed by unanimous consent. Senator Nelson moved that HB 663 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 6 ayes, 0 nays and 3 absent. Senator Nelson moved that the committee substitute for HB 663 be recommended for certification on the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. The chairman laid out HB 1516 by Representative Janek, relating to the provision of catastrophic case management services under the medical assistance program, and recognized the Senate sponsor, Senator Nelson, to explain the bill. Witnesses testifying and registering on HB 1516 are shown on the attached list. There being no other witnesses registered or responding to the chairman's call for public testimony relating to HB 1516, the chairman closed public testimony. Senators Gallegos, Madla and Shapleigh asked unanimous consent to be shown voting "aye" on HB 1516. There being no objection, the motion prevailed by unanimous consent. Senator Nelson moved that HB 1516 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 6 ayes, 0 nays and 3 absent. Senator Nelson moved that HB 1516 be recommended for certification on the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. At 9:22 a.m. Senator Carona assumed presiding duties. The chairman laid out HB 102 by Representative Maxey, relating to abolishing the electronic imaging program of the Texas Department of Human Services, and recognized the Senate sponsor, Senator Moncrief, to explain the bill. Senator Moncrief sent up a committee substitute for HB 102 and explained the differences between it and the bill as filed. Senator Moncrief moved the adoption of the committee substitute for HB 102. There being no objection, the motion prevailed by unanimous consent. Witnesses testifying and registering on the committee substitute for HB 102 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 HB 102, the chairman closed public testimony. Senator Gallegos, Madla and Shapleigh asked unanimous consent to be shown voting "aye" on the committee substitute for HB 102. There being no objection, the motion prevailed by unanimous consent. Senator Moncrief moved that HB 102 be reported to the Senate with the recommendation that it not do pass, but that the committee substitute adopted in lieu thereof do pass and be printed. The motion prevailed by a vote of 6 ayes, 0 nays and 3 absent. Senator Moncrief moved that the committee substitute for HB 102 be recommended for certification on the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. The chairman laid out anew HB 1782 by Representative Naishtat, relating to the right of certain persons to enter a public facility with an assistance animal, which had been left pending to await the arrival of a quorum. Senators Gallegos, Madla and Shapleigh asked unanimous consent to be shown voting "aye" on HB 1782. There being no objection, the motion prevailed by unanimous consent. Senator Nelson moved that HB 1782 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 6 ayes, 0 nays and 3 absent. Senator Nelson moved that HB 1782 be recommended for certification on the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. The chairman laid out anew HB 3365 by Representative Maxey, relating to medical case management services provided by a social worker under the Medicaid program, which had been left pending to await the arrival of a quorum. Senators Carona, Gallegos, Madla and Shapleigh asked unanimous consent to be shown voting "aye" on HB 3365. There being no objection, the motion prevailed unanimous consent. Senator Nelson moved that HB 3365 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 6 ayes, 0 nays and 3 absent. Senator Nelson moved that HB 3365 be recommended for certification on the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. The chairman laid out anew HB 3421 by Representative Farabee, relating to the licensure of physician assistants, which had been left pending to await the arrival of a quorum. Senator Nelson moved the adoption of the committee substitute for HB 3421. There being no objection, the motion prevailed by unanimous consent. Senators Carona, Gallegos and Shapleigh asked unanimous consent to be shown voting "aye" on the committee substitute for HB 3421. There being no objection, the motion prevailed by unanimous consent. Senator Nelson moved that HB 3421 be sent 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 6 ayes, 0 nays and 3 absent. Senator Nelson moved that the committee substitute for HB 3421 be recommended for certification on the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. The chairman laid out anew HCR 84 by Representative Maxey, memorializing congress to expand the number of community health centers and other community-based safety-net programs serving the poor and medically underserved communities, which had been left pending to await the arrival of a quorum. Senator Madla moved the adoption of HCR 84. There being no objection, the motion prevailed by unanimous consent. Senators Carona, Gallegos and Shapleigh asked unanimous consent to be shown voting "aye" on HCR 84. There being no objection, the motion prevailed by unanimous consent. Senator Madla moved that HCR 84 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 6 ayes, 0 nays and 3 absent. Senator Madla moved that HCR 84 be recommended for certification on the local and uncontested calendar. The motion prevailed by a vote of 6 ayes, 0 nays and 3 absent. The chairman laid out anew HB 342 by Representative Maxey, relating to the study if disease management programs for children's asthma, which had been left pending to await the arrival of a quorum. Senators Carona, Gallegos and Shapleigh asked unanimous consent to be shown voting "aye" on the committee substitute for HB 342. There being no objection, the motion prevailed by unanimous consent. Senator Madla moved that HB 342 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 6 ayes, 0 nays and 3 absent. Senator Madla moved that the committee substitute for HB 342 be recommended for certification on the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. The chairman laid out anew HB 2446 by Representative Glaze, relating to emergency medical services, which had been left pending to await the arrival of a quorum. Senator Madla moved the adoption of committee amendment 1. There being no objection, the motion prevailed by unanimous consent. Senator Madla moved that the adopted committee amendment be rolled into a committee substitute for HB 2446 and that the committee substitute for HB 2446 be adopted. There being no objection, the motion prevailed by unanimous consent. Senators Carona and Gallegos asked unanimous consent to be shown voting "aye" on the committee substitute for HB 2446. There being no objection, the motion prevailed by unanimous consent. Senator Madla moved that HB 2446 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 6 ayes, 0 nays and 3 absent. Senator Madla moved that the committee substitute for HB 2446 be recommended for certification on the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. The chairman laid out the April 26, 2001, minutes and called for revisions. There being none, Senator Nelson moved their approval. There being no objection, the motion prevailed by unanimous consent. Upon a motion by Senator Madla, the chairman recessed the committee by unanimous consent at 9:43 a.m., until 30 minutes after the adjournment of the Texas Senate. The chairman reconvened the Senate Committee on Health and Human Services at 2:40 p.m. At 2:40 p.m. Senator Sibley assumed presiding duties. The chairman laid out SB 1237 by Senator Moncrief, relating to immunizations and the immunization registry, and recognized the author to explain the bill. Senator Moncrief sent up a committee substitute for SB 1237 and explained the differences between it and the bill as filed. At 2:41 p.m. Senator Moncrief resumed presiding duties. At 3:55 p.m. Senator Shapleigh assumed presiding duties. Witnesses testifying and registering on the committee substitute for SB 1237 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 1237, the chairman closed public testimony. The chairman left the committee substitute for SB 1237 pending temporarily. At 4:08 p.m. Senator Shapleigh announced that the committee will stand at ease until 4:20 p.m. The chairman called the Senate Committee on Health and Human Services back to order at 4:42 p.m. At 4:43 p.m. Senator Gallegos assumed presiding duties. The chairman laid out anew SB 1237 by Senator Moncrief, relating to immunizations and the immunizations registry, which had been left pending. Senator Moncrief moved the adoption of the committee substitute for SB 1237. There being no objection, the motion prevailed by unanimous consent. Senators Carona, Madla and Shapleigh asked unanimous consent to be shown voting "aye" on the committee substitute for SB 1237. There being no objection, the motion prevailed by unanimous consent. Senator Nelson asked unanimous consent to be shown voting "nay" on the committee substitute for SB 1237. There being no objection, the motion prevailed by unanimous consent. Senator Moncrief moved that SB 1237 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 5 ayes, 1 nay and 3 absent. At 4:45 p.m. Senator Moncrief resumed presiding duties. There being no other business to come before the committee and upon a motion by Senator Gallegos, the chairman recessed the committee by unanimous consent at 4:45 p.m., subject to the call of the chairman. _________________________________________ Senator Mike Moncrief, chairman __________________________________________ Scott Caffey, committee clerk