MINUTES 
                                           
                   SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES 
                              Thursday, March 29, 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 29, 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 chair called the meeting to order at 9:03 a.m. The following  
         business was transacted. 
          
         The chairman laid out SB 355 by Senator Lindsay, relating to a  
         nursing home resident's right to informed consent regarding the  
         administration of certain drugs, and recognized the author to  
         explain the bill. 
          
         Senator Madla sent up a committee substitute for SB 355 and  
         Senator Lindsay explained the differences between it and the  
         bill as filed. 
          
         Senator Madla moved the adoption of the committee substitute for  
         SB 355.  There being no objection, the motion prevailed by  
         unanimous consent.  
          
         Testimony on the committee substitute for SB 355 began. 
          
         At 9:37 a.m. Senator Carona assumed presiding duties. 
          
         At 9:42 a.m. Senator Moncrief resumed presiding duties. 
          
         Upon unanimous consent, the chairman recessed the committee at  
         9:50 a.m. until 30 minutes after the adjournment of the Texas  
         Senate. 
         The chairman reconvened the Senate Committee on Health and Human  
  
         Services at 1:12 p.m. 
          
         Testimony on the committee substitute for SB 355 resumed. 
          
         Witnesses testifying and registering on the committee substitute  
         for SB 355 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  
         355, the chairman closed public testimony.     
          
         The chairman left the committee substitute for SB 355 pending  
         temporarily, to await the arrival of a quorum. 
          
         At 1:24 p.m. Senator Bernsen assumed presiding duties. 
          
         The chairman laid out SB 177 by Senator Madla, relating to  
         electronic monitoring devices in the room of residents of  
         convalescent or nursing homes or related institutions; providing  
         criminal penalties, and recognized Senator Moncrief, in absence  
         of the author, to explain the bill. 
          
         Senator Moncrief sent up a committee substitute for SB 177 and  
         explained the differences between it and the bill as filed. 
          
         Senator Moncrief moved the adoption of the committee substitute  
         for SB 177.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         At 1:33 p.m. Senator Gallegos assumed presiding duties. 
          
         Witnesses testifying and registering on the committee substitute  
         for SB 177 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  
         177, the chairman closed public testimony. 
          
         Senators Carona, Harris, Madla, Nelson and Shapleigh asked  
         unanimous consent to be shown voting "aye" on the committee  
         substitute for SB 177.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Moncrief moved that SB 177 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. 
         At 1:46 Senator Moncrief resumed presiding duties. 
          
         The chairman laid out anew, SB 355 by Senator Lindsay, relating  
         to a nursing home resident's right to informed consent regarding  
         the administration of certain drugs, which had been left pending  
         to await the arrival of a quorum. 
          
         Senators Carona, Harris, Madla, Nelson and Shapleigh asked  
  
         unanimous consent to be shown voting "aye" on the committee  
         substitute for SB 355.  There being no objection, the motion  
         prevailed by unanimous consent. 
          
         Senator Sibley moved that SB 355 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 Sibley assumed presiding duties at 1:49 p.m. 
          
         Senator Carona assumed presiding duties at 1:49 p.m. 
          
         The chairman laid out SB 1376 by Senator Moncrief, relating to  
         amelioration of convalescent and nursing home violations;  
         waiving the right to an administrative hearing, and recognized  
         the author to explain the bill. 
          
         The chairman laid out SB 1590 by Senator Moncrief, relating to  
         the admissibility of evidence relating to certain Texas  
         Department of Human Services investigations or surveys in  
         certain actions or proceedings, and recognized the author to  
         explain the bill. 
          
         The chairman laid out SB 1592 by Senator Moncrief, relating to  
         the imposition of a quality assurance fee on nursing  
         institutions; providing an administrative penalty, and  
         recognized the author to explain the bill. 
          
         The chairman laid out SB 1593 by Senator Moncrief, relating to  
         nursing institutions, assisted living facilities, and  
         intermediate care facilities for the mentally retarded, and  
         recognized the author to explain the bill. 
          
         At 1:52 p.m. a quorum was established. 
         The chairman sent up a committee substitute for SB 1376 and  
         explained the differences between it and the bill as filed. 
          
         Senator Moncrief moved the adoption of the committee substitute  
         for SB 1376.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Witnesses testifying and registering on the committee substitute  
         for SB 1376 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  
         1376, the chairman closed public testimony. 
          
         Senators Harris, Madla, Nelson and Shapleigh requested unanimous  
         consent to be shown voting "aye" on the committee substitute for  
         SB 1376.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Senator Moncrief moved that SB 1376 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 sent up a committee substitute for SB 1590 and  
         explained the differences between it and the bill as filed. 
          
         Senator Moncrief moved the adoption of the committee substitute  
         for SB 1590.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Witnesses testifying and registering on the committee substitute  
         for SB 1590 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  
         1590, the chairman closed public testimony. 
          
         Senators Madla and Shapleigh asked unanimous consent to be shown  
         voting "aye" on the committee substitute for SB 1590.  There  
         being no objection, the motion prevailed by unanimous consent. 
          
         Senator Harris asked unanimous consent to be shown voting "nay"  
         on the committee substitute for SB 1590.  There being no  
         objection, the motion prevailed by unanimous consent.  
          
         Senator Sibley moved that SB 1590 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 8 ayes, 1 nay and 0 absent. 
         Senator Moncrief sent up a committee substitute for SB 1592 and  
         explained the differences between it and the bill as filed. 
          
         Senator Moncrief moved the adoption of the committee substitute  
         for SB 1592.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Witnesses testifying and registering on the committee substitute  
         for SB 1592 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  
         1592, the chairman closed public testimony. 
          
         Senators Bernsen, Gallegos, Madla and Shapleigh asked unanimous  
         consent to be shown voting "aye" on the committee substitute for  
         SB 1592.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Senators Harris and Nelson asked unanimous consent to be shown  
         voting "nay" on the committee substitute for SB 1592.  There  
         being no objection, the motion prevailed by unanimous consent.  
          
         Senator Moncrief moved that SB 1592 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, 2 nays and 1  
         absent. 
          
         Senator Monrief sent up a committee substitute for SB 1593 and  
         explained the differences between it and the bill as filed.     
          
         Senator Moncrief moved the adoption of the committee substitute  
         for SB 1593.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Witnesses testifying and registering on the committee substitute  
         for SB 1593 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  
         1593, the chairman closed public testimony. 
          
         Senators Bernsen, Gallegos, Harris, Madla and Shapleigh asked  
         unanimous consent to be shown voting "aye" on the committee  
         substitute for SB 1593.  There being no objection, the motion  
         prevailed by unanimous consent. 
         Senator Moncrief moved that SB 1593 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 SB 1082 by Senator Harris, relating to  
         licensing, inspecting, surveying, and investigating certain  
         nursing institutions, and recognized Senator Moncrief, in  
         absence of the author, to explain the bill. 
          
         Witnesses testifying and registering on SB 1082 are shown on the  
         attached list.  Testimony relating to SB 1082, was left open. 
          
         At the chairman's request, SB 1082 was left pending. 
          
         The chairman laid out SB 498 by Senator Truan, relating to the  
         training requirements for certain employees of nursing homes,  
         and recognized Senator Moncrief, in absence of the author, to  
         explain the bill. 
          
         Witnesses testifying and registering on SB 498 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 498, the chairman closed public testimony. 
          
         At the chairman's request, SB 498 was left pending. 
          
         The chairman laid out SB 1242 by Senator Moncrief, relating to  
         criminal history checks of employees and applicants for  
         employment in certain long-term care facilities, and recognized  
         the author to explain the bill. 
  
         Senator Moncrief sent up a committee substitute for SB 1242 and  
         explained the differences between it and the bill as filed. 
          
         Senator Moncrief moved the adoption of the committee substitute  
         for SB 1242.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         Witnesses registering and testifying on the committee substitute  
         for SB 1242 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  
         1242, the chairman closed public testimony. 
         Senators Bernsen, Gallegos, Harris, Madla, Nelson and Shapleigh  
         asked unanimous consent to be shown voting "aye" on the  
         committee substitute for SB 1242.  There being no objection, the  
         motion prevailed by unanimous consent.  
          
         Senator Moncrief moved that SB 1242 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 Moncrief moved that the committee substitute for SB 1242  
         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 1245 by Senator Moncrief, relating to  
         providing for the registry of acts of misconduct by certain  
         employees of certain health care agencies and facilities, and  
         recognized the author to explain the bill. 
          
         Witnesses testifying and registering on SB 1245 are shown on the  
         attached list.  Testimony on relating to SB 1245 was left open. 
          
         At the request of the author, SB 1245 was left pending. 
          
         The chairman laid out the March 22, 2001, minutes and called for  
         revisions.  There being none, Senator Moncrief moved their  
         approval.  There being no objection, the motion prevailed by  
         unanimous consent. 
          
         At 4:31 p.m. Senator Moncrief resumed presiding duties. 
          
         No action was taken on the following bills: 
          
         SB 772 by Harris, relating to requiring the Texas Department of  
         Human Services to establish criteria for designating nursing  
         facility operators with excellent  operating records as eligible  
         to acquire a license to operate another nursing facility with  
         expedited basis; 
  
         SB 1083 by Harris, relating to the regulation of certain nursing  
         institutions; and, 
          
         SB 1594 by Moncrief, relating to the creation of a long-term  
         care facility liability insurance fund; authorizing the issuance  
         of bonds; providing an administrative penalty.  
         There being no other business to come before the committee, the  
         chairman recessed the committee by unanimous consent at 4:32  
         p.m., subject to the call of the chairman.  
          
         _______________________________________ 
         Senator Mike Moncrief, chairman 
          
         _______________________________________ 
         Scott Caffey, committee clerk