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. 
          
         _________________________________________ 
         Senator Mike Moncrief, chairman 
          
         _________________________________________ 
         Scott Caffey, committee clerk