MINUTES SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES Thursday, May 10, 2001 8 a.m. Capitol Extension, Room E1.016 ***** 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 10, 2001, in the Capitol Extension, Room E1.016, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Mike Moncrief, Chairman Senator David Bernsen Senator John Carona, Vice Chairman Senator David Sibley Senator Mario Gallegos, Jr. Senator Chris Harris Senator Frank Madla Senator Jane Nelson Senator Eliot Shapleigh ***** The chairman called the meeting to order at 8:20 a.m. The following business was transacted. The chairman laid out HB 2648 by Representative Capelo, relating to the administration of epinephrine by certain emergency medical services personnel, and recognized the Senate sponsor, Senator Madla, to explain the bill. Witnesses testifying and registering on HB 2648 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 2648, the chairman closed public testimony. The chairman left HB 2648 pending temporarily, to await the arrival of a quorum. The chairman laid out HB 2421 by Representative Hawley, relating to establishing a program to recruit rural medical students for service in rural communities, and recognized the Senate sponsor, Senator Madla, to explain the bill. Witnesses testifying and registering on HB 2421 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 2421, the chairman closed public testimony. The chairman left HB 2421 pending temporarily, to await the arrival of a quorum. The chairman laid out HB 2423 by Representative Hawley, relating to the designation of a hospital as a rural hospital, and recognized the Senate sponsor, Senator Madla, to explain the bill. No witnesses testified or registered on HB 2423. The chairman left HB 2423 pending temporarily, to await the arrival of a quorum. At 8:24 a.m. Senator Madla assumed presiding duties. The chairman laid out HB 2844 by Representative Lewis, relating to authorizing the Texas Board of Health to exempt certain projects from rules relating to asbestos abatement, and recognized the Senate sponsor, Senator Moncrief, to explain the bill. Witnesses testifying and registering on HB 2844 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 2844, the chairman closed public testimony. The chairman left HB 2844 pending temporarily, to await the arrival of a quorum. The chairman laid out HB 2729 by Representative Gray, relating to allowing the donation of certain unused prescription drugs to charitable medical clinics, and recognized the Senate sponsor, Senator Moncrief, to explain the bill. Senator Moncrief sent up a committee substitute for HB 2729 and explained the differences between it and the bill as engrossed. Senator Moncrief moved the adoption of the committee substitute for HB 2729. There being no objection, the motion prevailed by unanimous consent. Witnesses testifying and registering on the committee substitute for HB 2729 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 2729, the chairman closed public testimony. The chairman left the committee substitute for HB 2729 pending temporarily, to await the arrival of a quorum. At 8:28 a.m. Senator Moncrief resumed presiding duties. The chairman laid out HB 99 by Representative Maxey, relating to the use of certain electronic media by the Texas State Board of Pharmacy and persons or entities regulated by that board, and recognized the Senate sponsor, Senator Van de Putte, to explain the bill. No witnesses testified or registered on HB 99. The chairman left HB 99 pending temporarily, to await the arrival of a quorum. At 8:29 a.m. Senator Madla assumed presiding duties. The chairman laid out HB 1316 by Representative Farabee, relating to the consideration of a trust as property liable for the support of clients at mental health community centers or patients at state hospitals, and recognized the Senate sponsor, Senator Moncrief, to explain the bill. Witnesses testifying and registering on HB 1316 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 1316, the chairman closed public testimony. The chairman left HB 1316 pending temporarily, to await the arrival of a quorum. At 8:32 a.m. Senator Moncrief resumed presiding duties. The chairman laid out HB 393 by Representative Maxey, relating to certain nonprofit entities that provide health or long-term care or health benefit plans; providing a penalty, and recognized Senator Madla, in absence of the author, to explain the bill. Witnesses testifying and registering on HB 393 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 393, the chairman closed public testimony. The chairman left HB 393 pending temporarily, to await the arrival of a quorum. The chairman laid out HB 476 by Representative Naishtat, relating incentive programs and employment services to benefit certain recipients of financial assistance, and recognized Senator Carona, in absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on HB 476 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 476, the chairman closed public testimony. The chairman left HB 476 pending temporarily, to await the arrival of a quorum. The chairman laid out HB 1005 by Representative Naishtat, relating to the creation of a state program for temporary assistance and related support services for needy persons, and recognized Senator Carona, in absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on HB 1005 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 1005, the chairman closed public testimony. The chairman left HB 1005 pending temporarily, to await the arrival of a quorum. The chairman laid out HB 2700 by Representative Chavez, relating to certain services provided through telemedicine, and recognized the Senate sponsor, Senator Duncan, to explain the bill. Witnesses testifying and registering on HB 2700 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 2700, the chairman closed public testimony. The chairman left HB 2700 pending temporarily, to await the arrival of a quorum. The chairman laid out HB 2004 by Representative Maxey, relating to the medication a patient receives after being furloughed or discharged from inpatient mental health services, and recognized the Senate sponsor, Senator Carona, to explain the bill. Senator Carona sent up a committee substitute for HB 2004 and explained the differences between it and the bill as engrossed. Senator Carona moved the adoption of the committee substitute for HB 2004. There being no objection, the motion prevailed by unanimous consent. Witnesses testifying and registering on the committee substitute for HB 2004 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 2004, the chairman closed public testimony. The chairman left the committee substitute for HB 2004 pending temporarily, to await the arrival of a quorum. The chairman laid out HB 3600 by Representative Capelo, relating to the confidentiality of records regarding the compliance monitoring of physicians by the Texas State Board of Medical Examiners, and recognized Senator Carona, in absence of the Senate sponsor, to explain the bill. Senator Carona sent up a committee substitute for HB 3600 and explained the differences between it and the bill as engrossed. Senator Carona moved the adoption of the committee substitute for HB 3600. There being no objection, the motion prevailed by unanimous consent. Witnesses testifying and registering on the committee substitute for HB 3600 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 3600, the chairman closed public testimony. The chairman left the committee substitute for HB 3600 pending temporarily, to await the arrival of a quorum. Upon unanimous consent, the chairman recessed the committee at 8:47 a.m., until 30 minutes after the adjournment of the Texas Senate. The chairman reconvened the Senate Committee on Health and Human Services at 3:09 p.m. The chairman laid out SB 1732 by Senator Cain, relating to state-subsidized child care for certain children under four years of age, and recognized Senator Carona, in absence of the author, to explain the bill. Senator Carona sent up a committee substitute for SB 1732 and explained the differences between it and the bill as filed. Senator Carona moved the adoption of the committee substitute for SB 1732. There being no objection, the motion prevailed by unanimous consent. Witnesses testifying and registering on the committee substitute for SB 1732 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 1732, the chairman closed public testimony. The chairman left the committee substitute for SB 1732 pending temporarily, to await the arrival of a quorum. At 3:12 p.m. Senator Carona assumed presiding duties. The chairman laid out HB 3043 by Representative Luna, relating to prevention and detection of fraud in hospital district funded indigent health care programs, and recognized Senator Moncrief, in absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on HB 3043 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 3043, the chairman closed public testimony. The chairman left HB 3043 pending temporarily, to await the arrival of a quorum. The chairman laid out HB 3378 by Representative Deshotel, relating to composition of the Texas Department of Mental Health and Mental Retardation, and recognized Senator Moncrief, in absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on HB 3378 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 3378, the chairman closed public testimony. The chairman left HB 3378 pending temporarily, to await the arrival of a quorum. The chairman laid out HB 456 by Representative Maxey, relating to exemption from nursing license requirements for certain services provided to persons with disabilities, and recognized the Senate sponsor, Senator Moncrief, to explain the bill. Witnesses testifying and registering on HB 456 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 456, the chairman closed public testimony. The chairman left HB 456 pending temporarily, to await the arrival of a quorum. The chairman laid out HB 2408 by Representative Maxey, relating to a study by the Health Professions Council relating to the complaint procedures of certain health care regulatory entities, and recognized Senator Moncrief, in absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on HB 2408 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 2408, the chairman closed public testimony. The chairman left HB 2408 pending temporarily, to await the arrival of a quorum. The chairman laid out HB 3465 by Representative Maxey, relating to certain fees prescribed by the Texas Board of Health for the regulation of opticians, and recognized Senator Moncrief, in absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on HB 3465 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 3465, the chairman closed public testimony. The chairman left HB 3465 pending temporarily, to await the arrival of a quorum. The chairman laid out HB 2558 by Representative Maxey, relating to the amount of the fees established by the Texas State Board of Medical Examiners, and recognized Senator Moncrief, in absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on HB 2558 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 2558, the chairman closed public testimony. The chairman left HB 2558 pending temporarily, to await the arrival of a quorum. The chairman laid out HB 2178 by Representative Salinas, relating to the expunction of information about certain chemical dependency diagnoses in certain medical records, and recognized the Senate sponsor, Senator Moncrief, to explain the bill. Witnesses testifying and registering on HB 2178 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 2178, the chairman closed public testimony. The chairman left HB 2178 pending temporarily, to await the arrival of a quorum. The chairman laid out HB 2287 by Representative Edwards, relating to the authority of a hospital to share with certain attending physicians reimbursements for services provided to patients under the medical assistance program, and recognized the Senate sponsor, Senator Moncrief, to explain the bill. Witnesses testifying and registering on HB 2287 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 2287, the chairman closed public testimony. The chairman left HB 2287 pending temporarily, to await the arrival of a quorum. The chairman laid out HB 2574 by Representative Solis, relating to the establishment of a community health center revolving loan program, and recognized Senator Moncrief, in absence of the Senate sponsor, to explain the bill. Witnesses testifying and registering on HB 2574 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 2574, the chairman closed public testimony. The chairman left HB 2574 pending temporarily, to await the arrival of a quorum. The chairman laid out HB 3507 by Representative Maxey, relating to the regulation of dentistry and the provision of dental services, and recognized the Senate sponsor, Senator Moncrief, to explain the bill. Senator Moncrief sent up a committee substitute for HB 3507 and explained the differences between it and the bill as engrossed. Senator Moncrief moved the adoption of the committee substitute for HB 3507. There being no objection, the motion prevailed by unanimous consent. Witnesses testifying and registering on the committee substitute for HB 3507 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 3507, the chairman closed public testimony. The chairman left the committee substitute for HB 3507 pending, at the request of the Senate sponsor. The chairman laid out HB 398 by Representative Smith, relating to disclosure of medical billing records regarding a patient, and recognized the Senate sponsor, Senator Nelson, to explain the bill. Witnesses testifying and registering on HB 398 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 398, the chairman closed public testimony. The chairman left HB 398 pending temporarily, to await the arrival of a quorum. At 4:20 p.m. Senator Nelson assumed presiding duties. The chairman laid out HB 1183 by Representative Capelo, relating to the regulation of surgical assistants and to the determination of whether a patient is a non-indigent patient; granting rulemaking authority; providing an administrative penalty, and recognized the Senate sponsor, Senator Carona, to explain the bill. Senator Carona sent up a committee substitute for HB 1183 and explained the differences between it and the bill as engrossed. Senator Carona moved the adoption of the committee substitute for HB 1183. There being no objection, the motion prevailed by unanimous consent. Witnesses testifying and registering on the committee substitute for HB 1183 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 1183, the chairman closed public testimony. At 4:32 p.m. Senator Moncrief resumed presiding duties and a quorum was established. Senators Harris, Madla and Shapleigh asked unanimous consent to be shown voting "aye" on the committee substitute for HB 1183. There being no objection, the motion prevailed by unanimous consent. Senator Carona moved that HB 1183 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. The chairman laid out anew SB 1732 by Senator Cain, relating to state-subsidized child care for certain children under four years of age, which had been left pending to await the arrival of a quorum. Senators Carona, Harris, Madla and Shapleigh asked unanimous consent to be shown voting "aye" on the committee substitute for SB 1732. There being no objection, the motion prevailed by unanimous consent. Senator Nelson moved that SB 1732 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. The chairman laid out anew HB 99 by Representative Maxey, relating to the use of certain electronic media by the Texas State Board of Pharmacy and persons or entities regulated by that board, which had been left pending to await the arrival of a quorum. Senators Carona, Harris, Madla and Shapleigh asked unanimous consent to be shown voting "aye" on HB 99. There being no objection, the motion prevailed by unanimous consent. Senator Gallegos moved that HB 99 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 7 ayes, 0 nays and 2 absent. Senator Gallegos moved that HB 99 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 393 by Representative Maxey, relating to certain nonprofit entities that provide health or long-term care or health benefit plans; providing a penalty, which had been left pending to await the arrival of a quorum. Senators Carona, Harris, Madla and Shapleigh asked unanimous consent to be shown voting "aye" on HB 393. There being no objection, the motion prevailed by unanimous consent. Senator Nelson moved that HB 393 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 7 ayes, 0 nays and 2 absent. The chairman laid out anew HB 398 by Representative Smith, relating to disclosure of medical billing records regarding a patient, which had been left pending to await the arrival of a quorum. Senators Carona, Harris, Madla and Shapleigh asked unanimous consent to be shown voting "aye" on HB 398. There being no objection, the motion prevailed by unanimous consent. Senator Nelson moved that HB 398 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 7 ayes, 0 nays and 2 absent. Senator Nelson moved that HB 398 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 456 by Representative Maxey, relating to exemption from nursing license requirements for certain services provided to persons with disabilities, which had been left pending to await the arrival of a quorum. Senators Carona, Harris, Madla and Shapleigh asked unanimous consent to be shown voting "aye" on HB 456. There being no objection, the motion prevailed by unanimous consent. Senator Gallegos moved that HB 456 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 7 ayes, 0 nays and 2 absent. Senator Nelson moved that HB 456 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 476 by Representative Naishtat, relating to incentive programs and employment services to benefit certain recipients of financial assistance, which had been left pending to await the arrival of a quorum. Senators Carona, Harris, Madla and Shapleigh asked unanimous consent to be shown voting "aye" on HB 476. There being no objection, the motion prevailed by unanimous consent. Senator Gallegos moved that HB 476 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 7 ayes, 0 nays and 2 absent. The chairman laid out anew HB 1005 by Representative Naishtat, relating to the creation of a state program for temporary assistance and related support services for needy persons, which had been left pending to await the arrival of a quorum. Senators Carona, Madla and Shapleigh asked unanimous consent to be shown voting "aye" on HB 1005. There being no objection, the motion prevailed by unanimous consent. Senator Harris asked unanimous consent to be shown voting "nay" on the HB 1005. There being no objection, the motion prevailed by unanimous consent. Senator Gallegos moved that HB 1005 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 6 ayes, 1 nay and 2 absent. The chairman laid out anew HB 1316 by Representative Farabee, relating to the consideration of a trust as property liable for the support of clients at mental health community centers or patients at state hospitals, which had been left pending to await the arrival of a quorum. Senators Carona, Madla and Shapleigh asked unanimous consent to be shown voting "aye" on HB 1316. There being no objection, the motion prevailed by unanimous consent. Senator Harris asked unanimous consent to be shown voting "nay" on HB 1316. There being no objection, the motion prevailed by unanimous consent. Senator Gallegos moved that HB 1316 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 6 ayes, 1 nay and 2 absent. The chairman laid out anew HB 2004 by Representative Maxey, relating to the medication a patient receives after being furloughed or discharged from inpatient mental health services, which had been left pending to await the arrival of a quorum. Senators Carona, Harris, Madla and Shapleigh asked unanimous consent to be shown voting "aye" on the committee substitute for HB 2004. There being no objection, the motion prevailed by unanimous consent. Senator Gallegos moved that HB 2004 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 Gallegos moved that the committee substitute for HB 2004 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 2178 by Representative Salinas, relating to the expunction of information about certain chemical dependency diagnoses in certain medical records, which had been left pending to await the arrival of a quorum. Senators Carona, Harris, Madla and Shapleigh asked unanimous consent to be shown voting "aye" on HB 2178. There being no objection, the motion prevailed by unanimous consent. Senator Gallegos moved that HB 2178 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 7 ayes, 0 nays and 2 absent. Senator Gallegos moved that HB 2178 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 2287 by Representative Edwards, relating to the authority of a hospital to share with certain attending physicians reimbursements for services provided to patients under the medical assistance program, which had been left pending to await the arrival of quorum. Senators Carona and Shapleigh asked unanimous consent to be shown voting "aye" on HB 2287. There being no objection, the motion prevailed by unanimous consent. Senator Gallegos moved that HB 2287 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 5 ayes, 0 nays and 4 absent. Senator Gallegos moved that HB 2287 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 2408 by Representative Maxey, relating to a study by the Health Professions Council relating to the complaint procedures of certain health care regulatory entities, which had been left pending to await the arrival of a quorum. Senators Carona, Harris, Madla and Shapleigh asked unanimous consent to be shown voting "aye" on HB 2408. There being no objection, the motion prevailed by unanimous consent. Senator Gallegos moved that HB 2408 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 7 ayes, 0 nays and 2 absent. Senator Gallegos moved that HB 2408 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 2421 by Representative Hawley, relating to establishing a program to recruit rural medical students for services in rural communities, which had been left pending to await the arrival of a quorum. Senators Carona, Harris, Madla and Shapleigh asked unanimous consent to be shown voting "aye" on HB 2421. There being no objection, the motion prevailed by unanimous consent. Senator Nelson moved that HB 2421 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 7 ayes, 0 nays and 2 absent. Senator Nelson moved that HB 2421 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 2423 by Representative Hawley, relating to the designation of a hospital as a rural hospital, which had been left pending to await the arrival of a quorum. Senators Carona, Harris, Madla and Shapleigh asked unanimous consent to be shown voting "aye" on HB 2423. There being no objection, the motion prevailed by unanimous consent. Senator Nelson moved that HB 2423 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 7 ayes, 0 nays and 2 absent. Senator Nelson moved that HB 2423 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 2558 by Representative Maxey, relating to the amount of the fees established by the Texas State Board of Medical Examiners, which had been left pending to await the arrival of a quorum. Senators Carona, Harris, Madla and Shapleigh asked unanimous consent to be shown voting "aye" on HB 2558. There being no objection, the motion prevailed by unanimous consent. Senator Gallegos moved that HB 2558 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 7 ayes, 0 nays and 2 absent. Senator Gallegos moved that HB 2558 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 2574 by Representative Solis, relating to the establishment of a community health center revolving loan program, which had been left pending to await the arrival of a quorum. Senators Carona, Harris, Madla and Shapleigh asked unanimous consent to be shown voting "aye" on HB 2574. There being no objection, the motion prevailed by unanimous consent. Senator Gallegos moved that HB 2574 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 7 ayes, 0 nays and 2 absent. Senator Gallegos moved that HB 2574 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 2648 by Representative Capelo, relating to the administration of epinephrine by certain emergency medical services personnel, which had been left pending to await the arrival of a quorum. Senators Carona, Harris, Madla and Shapleigh asked unanimous consent to be shown voting "aye" on HB 2648. There being no objection, the motion prevailed by unanimous consent. Senator Nelson moved that HB 2648 be reported to the Senate with the recommendation that it do pass and printed. The motion prevailed by a vote of 7 ayes, 0 nays and 2 absent. Senator Nelson moved that HB 2648 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 2729 by Representative Gray, relating to allowing the donation of certain unused prescription drugs to charitable medical clinics, which had been left pending to await the arrival of a quorum. Senators Carona, Harris, Madla and Shapleigh asked unanimous consent to be shown voting "aye" on the committee substitute for HB 2729. There being no objection, the motion prevailed by unanimous consent. Senator Nelson moved that HB 2729 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 Nelson moved that the committee substitute for HB 2729 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 2844 by Representative Lewis, relating to authorizing the Texas Board of Health to exempt certain projects from rules relating to asbestos abatement, which had been left pending to await the arrival of a quorum. Senators Carona, Harris and Shapleigh asked unanimous consent to be shown voting "aye" on HB 2844. There being no objection, the motion prevailed by unanimous consent. Senator Nelson moved that HB 2844 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 2844 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 3043 by Representative Luna, relating to prevention and detection of fraud in hospital district funded indigent health care programs, which had been left pending to await the arrival of a quorum. Senators Carona, Harris and Madla asked unanimous consent to be shown voting "aye" on HB 3043. There being no objection, the motion prevailed by unanimous consent. Senator Gallegos moved that HB 3043 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 7 ayes, 0 nays and 2 absent. Senator Gallegos moved that HB 3043 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 3378 by Representative Deshotel, relating to composition of the Texas Department of Mental Health and Mental Retardation, which had been left pending to await the arrival of a quorum. Senators Carona, Harris and Madla asked unanimous consent to be shown voting "aye" on HB 3378. There being no objection, the motion prevailed by unanimous consent. Senator Gallegos moved that HB 3378 be reported to the Senate with the recommendation that it do pass ane be printed. The motion prevailed by a vote of 7 ayes, 0 nays and 2 absent. Senator Gallegos moved that HB 3378 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 3465 by Representative Maxey, relating to certain fees prescribed by the Texas Board of Health for the regulation of opticians, which had been left pending to await the arrival of a quorum. Senators Carona, Harris and Madla asked unanimous consent to be shown voting "aye" on HB 3465. There being no objection, the motion prevailed by unanimous consent. Senator Shapleigh moved that HB 3465 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 7 ayes, 0 nays and 2 absent. Senator Shapleigh moved that HB 3465 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 3600 by Representative Capelo, relating to the confidentiality of records regarding the compliance monitoring of physicians by the Texas State Board of Medical Examiners, which had been left pending to await the arrival of a quorum. Senators Carona, Harris and Madla asked unanimous consent to be shown voting "aye" on the committee substitute for HB 3600. There being no objection, the motion prevailed by unanimous consent. Senator Gallegos moved that HB 3600 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 Shapleigh moved that the committee substitute for HB 3600 be recommended for certification on the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. At 5:17 p.m. the committee stood at ease. At 5:28 p.m. Senator Moncrief reconvened the Senate Committee on Health and Human Services. The chairman laid out anew HB 2700 by Representative Chavez, relating to certain services provided through telemedicine services, which had been left pending to await the arrival of a quorum. Senators Carona, Gallegos, and Madla asked unanimous consent to be shown voting "aye" on HB 2700. There being no objection, the motion prevailed by unanimous consent. Senator Harris asked unanimous consent to be shown voting "nay" on HB 2700. There being no objection, the motion prevailed by unanimous consent. Senator Shapleigh moved that HB 2700 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 5 ayes, 1 nay and 3 absent. The chairman laid out the May 3, 2001, minutes and called for revisions. There being none, Senator Shapleigh moved their approval. There being no objection, the motion prevailed by unanimous consent. There being no other business to come before the committee, the chairman recessed the committee by unanimous consent at 5:29 p.m., subject to the call of the chairman. ______________________________________________ Senator Mike Moncrief, chairman ______________________________________________ Scott Caffey, committee clerk