MINUTES
SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES
Monday, April 9, 2001
8 a.m.
Capitol Extension, Room E1.028
*****
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 Monday, April 9, 2001, in the Capitol
Extension, Room E1.028, at Austin, Texas.
*****
MEMBERS PRESENT: MEMBERS ABSENT:
Senator Mike Moncrief, Chairman Senator John Carona,
Vice Chairman
Senator David Bernsen 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 8:08 a.m. The
following business was transacted.
At 8:08 a.m. Senator Sibley assumed presiding duties.
The chairman laid out SB 1046 by Senator Moncrief, relating to
the enforcement powers of the Texas Department of Health over
foods, drugs, devices and cosmetics, and recognized the author
to explain the bill.
Senator Moncrief sent up a committee substitute for SB 1046 and
explained the differences between it and the bill as filed.
No witnesses testified or registered on the committee substitute
for SB 1046. There being no other witnesses responding to the
chairman's call for public testimony relating to the committee
substitute for SB 1046, the chairman closed public testimony.
The chairman left the committee substitute for SB 1046 pending
temporarily, to await the arrival of a quorum.
The chairman laid out SB 1080 by Senator Moncrief, relating to
certain distressed or reconditioned food, drugs, devices and
cosmetics and certain licensed persons, and recognized the
author to explain the bill.
Senator Moncrief sent up a committee substitute for SB 1080 and
explained the differences between it and the bill as filed.
At 8:19 a.m. a quorum was established.
Witnesses testifying and registering on the committee substitute
for SB 1080 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
1080, the chairman closed public testimony.
Senator Moncrief moved the adoption of the committee substitute
for SB 1080. 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 SB 1080. There being no
objection, the motion prevailed by unanimous consent.
Senator Moncrief moved that SB 1080 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 Moncrief moved that the committee substitute for SB 1080
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, SB 1046 by Senator Moncrief,
relating to the enforcement powers of the Texas Department of
Health over foods, drugs, devices and cosmetics, which had been
left pending to await the arrival of a quorum.
Senator Moncrief moved the adoption of the committee substitute
for SB 1046. 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 SB 1046. There being no
objection, the motion prevailed by unanimous consent.
Senator Moncrief moved that SB 1046 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 Moncrief moved that the committee substitute for SB 1046
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 1264 by Senator Haywood, relating to
the scope of practice a physician assistant acting in a
delegated practice, and recognized Senator Moncrief, in absence
of the author, to explain the bill.
Witnesses testifying and registering on SB 1264 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 1264, the chairman closed public testimony.
Senator Gallegos asked unanimous consent to be shown voting "aye"
on SB 1264. There being no objection, the motion prevailed by
unanimous consent.
Senator Moncrief moved that SB 1264 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 Moncrief moved that SB 1264 be recommended for
certification on the local and uncontested calendar. There
being no objection, the motion prevailed by unanimous consent.
At 8:41 a.m. Senator Moncrief resumed presiding duties.
The chairman laid out SB 1496 by Senator Barrientos, relating to
the reassignment of the responsibilities of the Child Care
Development Board, and recognized the author to explain the
bill.
Witnesses testifying and registering on SB 1496 are shown on
that attached list. There being no other witnesses registered
or responding to the chairman's call for public testimony
relating to SB 1496, the chairman closed public testimony.
Senator Gallegos asked unanimous consent to be shown voting "aye"
on SB 1496. There being no objection, the motion prevailed by
unanimous consent.
Senator Shapleigh moved that SB 1496 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 SB 1496 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 2, 2001, minutes and called for
revisions. There being none, Senator Nelson moved their
approval. There being no objection, the motion prevailed by
unanimous consent.
At 8:44 a.m. Senator Sibley assumed presiding duties.
The chairman laid out SB 1373 by Senator Moncrief, relating to
education and training programs for food service workers, and
recognized the author to explain the bill.
Senator Moncrief sent up a committee substitute for SB 1373 and
explained the differences between it and the bill as filed.
Senator Moncrief moved that adoption of the committee substitute
for SB 1373. There being no objection, the motion prevailed by
unanimous consent.
Witnesses testifying and registering on the committee substitute
for SB 1373 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
1373, the chairman closed public testimony.
Senator Gallegos asked unanimous consent to be shown voting "aye"
on the committee substitute for SB 1373. There being no
objection, the motion prevailed by unanimous consent.
Senator Moncrief moved that SB 1373 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 Moncrief moved that the committee substitute for SB 1373
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 1588 by Senator Moncrief, relating to a
preliminary examination for emergency detention because of
mental illness, and recognized the author to explain the bill.
Senator Moncrief sent up committee amendment 1 and explained it.
Senator Moncrief moved the adoption of the committee amendment
1. There being no objection, the motion prevailed by unanimous
consent.
Witnesses testifying and registering on SB 1588, as amended, 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 1588, as amended, the chairman closed
public testimony.
Senators Gallegos and Madla asked unanimous consent to be shown
voting "aye" on SB 1588, as amended. There being no objection,
the motion prevailed by unanimous consent.
Senator Moncrief moved that SB 1588, as amended, 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 Moncrief moved that SB 1588, as amended, 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 1763 by Senator Moncrief, relating to
the provision of information about patient assistance programs
offered by pharmaceutical companies, and recognized the author
to explain the bill.
Witnesses testifying and registering on SB 1763 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 1763, the chairman closed public testimony.
The chairman left SB 1763 pending temporarily, to await the
arrival of a quorum.
The chairman laid out SB 527 by Senator Moncrief, relating to
imposition of administrative penalties against assisted living
facilities, and recognized the author to explain the bill.
Senator Moncrief sent up a committee substitute for SB 527 and
explained it.
Testimony on the committee substitute for SB 527 began.
At 9:18 a.m. Senator Nelson assumed presiding duties.
Upon unanimous consent, Senator Nelson recessed the committee at
9:47 a.m., until 30 minutes after the adjournment of the Texas
Senate.
Senator Moncrief reconvened the Senate Committee on Health and
Human Services at 12:12 p.m.
The chairman laid out SB 1246 by Senator Gallegos, relating to
the establishment of a community heath center revolving loan
fund program, and recognized the author to explain the bill.
Senator Gallegos sent up committee amendment 1 and explained it.
Senator Gallegos moved the adoption of committee amendment 1.
There being no objection, the motion prevailed by unanimous
consent.
Witnesses testifying and registering on SB 1246, as amended, are
shown on the attached list. Testimony on SB 1246, as amended,
was left open.
At the chairman's request, SB 1246, as amended, was left
pending.
The chairman laid out SB 1386 by Senator Armbrister, relating to
the provision of mental health and mental retardation services,
and recognized the author to explain the bill.
Senator Gallegos sent up a committee substitute for SB 1386 and
Senator Armbrister explained the differences between it and the
bill as filed.
Senator Gallegos moved the adoption of the committee substitute
for SB 1386. There being no objection, the motion prevailed by
unanimous consent.
Witnesses testifying and registering on the committee substitute
for SB 1386 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
1386, the chairman closed public testimony.
Senators Madla and Nelson asked unanimous consent to be shown
voting "aye" on the committee substitute for SB 1386. There
being no objection, the motion prevailed by unanimous consent.
Senator Gallegos moved that SB 1386 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 Gallegos moved that the committee substitute for SB 1386
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 SB 1763 by Senator Moncrief, relating
to the provision of information about patient assistance
programs offered by pharmaceutical companies, which had been
left pending to await the arrival of a quorum.
Senators Madla and Nelson asked unanimous consent to be shown
voting "aye" on SB 1763. There being no objection, the motion
prevailed by unanimous consent.
Senator Gallegos moved that SB 1763 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 Gallegos moved that SB 1763 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 1483 by Senator Duncan, relating to
certain services provided through telemedicine, and recognized
the author to explain the bill.
Senator Gallegos sent up a committee substitute for SB 1483 and
Senator Duncan explained the differences between it and the bill
as filed.
Senator Gallegos moved the adoption of the committee substitute
for SB 1483. There being no objection, the motion prevailed by
unanimous consent.
Witnesses testifying and registering on the committee substitute
for SB 1483 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
1483, the chairman closed public testimony.
Senator Madla asked unanimous consent to be shown voting "aye"
on the committee substitute for SB 1483. There being no
objection, the motion prevailed by unanimous consent.
Senator Shapleigh moved that SB 1483 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 SB
1483 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 1269 by Senator Sibley, relating to the
licensing and regulation of clinical nutritionists; providing a
criminal penalty, and recognized the author to explain the bill.
Senator Sibley sent up a committee substitute for SB 1269 and
explained the differences between it and the bill as filed.
Senator Sibley moved the adoption of the committee substitute
for SB 1269. There being no objection, the motion prevailed by
unanimous consent.
Witnesses testifying and registering on the committee substitute
for SB 1269 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
1269, the chairman closed public testimony.
At the author's request, the committee substitute for SB 1269
was left pending.
The chairman laid out anew SB 527 by Senator Moncrief, relating
to imposition of administrative penalties against assisted
living facilities.
Testimony on the committee substitute for SB 527 resumed. There
being no other witnesses registered or responding to the
chairman's call for public testimony relating to the committee
substitute for SB 527, the chairman closed public testimony.
At the author's request, SB 527 was left pending.
The chairman laid out SB 1305 by Senator Harris, relating to
incorporating services for children with special health care
needs into the state child health plan for certain low-income
children.
Witnesses testifying and registering on SB 1305 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 1305, the chairman closed public testimony.
At the chairman's request, SB 1305 was left pending.
The chairman laid out SB 1041 by Senator Ellis, relating to
services provided through telemedicine for children with special
health care needs.
Witnesses testifying and registering on SB 1041 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 1041, the chairman closed public testimony.
The chairman left SB 1041 pending temporarily, to await the
arrival of a quorum.
The chairman laid out SB 1299 by Senator Lucio, relating to the
creation and duties of a task force on rate-setting
methodologies for the Medicaid and state child health plan
programs.
Witnesses testifying and registering on SB 1299 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 1299, the chairman closed public testimony.
The chairman left SB 1299 pending temporarily, to await the
arrival of a quorum.
At 3:31 p.m. Senator Gallegos assumed presiding duties.
The chairman laid out SB 333 by Senator Moncrief, relating to
federal authorization for the possible expansion of coverage
under the state child health plan for certain low-income
children, and recognized the author to explain the bill.
Senator Moncrief sent up committee amendment 1 and explained it.
Senator Moncrief moved the adoption of committee amendment 1.
There being no objection, the motion prevailed by unanimous
consent.
Senator Moncrief moved that the committee amendment be rolled
into a committee substitute for SB 333 and that the committee
substitute for SB 333 be adopted. There being no objection, the
motion prevailed by unanimous consent.
Witnesses testifying and registering on the committee substitute
for SB 333 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
333, the chairman closed public testimony.
Senators Bernsen, Madla, Nelson and Shapleigh asked unanimous
consent to be shown voting "aye" on the committee substitute for
SB 333. There being no objection, the motion prevailed by
unanimous consent.
Senator Moncrief moved that SB 333 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 Moncrief moved that the committee substitute for SB 333
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 SB 1041 by Senator Ellis, relating to
services provided through telemedicine for children with special
health care needs, which had been left to await the arrival of a
quorum.
Senator Moncrief sent up committee amendment 1 and explained it.
Senator Moncrief moved the adoption of committee amendment 1.
There being no objection, the motion prevailed by unanimous
consent.
Senator Moncrief moved that the committee amendment be rolled
into a committee substitute for SB 1041 and that the committee
substitute for SB 1041 be adopted. There being no objection,
the motion prevailed by unanimous consent.
Senators Bernsen, Madla, Nelson and Shapleigh asked unanimous
consent to be shown voting "aye" on the committee substitute for
SB 1041. There being no objection, the motion prevailed by
unanimous consent.
Senator Moncrief moved that SB 1041 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 Moncrief moved that the committee substitute for SB 1041
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 SB 1299 by Senator Lucio, relating to
the creation and duties of a task force on rate-setting
methodologies for the Medicaid and state child health plan
programs, which had been left pending to await the arrival of a
quorum.
Senator Moncrief sent up a committee substitute for SB 1299 and
explained the differences between it and the bill as filed.
Senator Moncrief moved the adoption of the committee substitute
for SB 1299. There being no objection, the motion prevailed by
unanimous consent.
Senator Moncrief sent up committee amendment 1 and explained it.
Senator Moncrief moved the adoption of committee amendment 1.
There being no objection, the motion prevailed by unanimous
consent.
Senator Moncrief moved that the committee amendment be rolled
into a new committee substitute for SB 1299 and that the new
committee substitute for SB 1299 be adopted. There being no
objection, the motion prevailed by unanimous consent.
Senators Bernsen, Madla, Nelson and Shapleigh asked unanimous
consent to be shown voting "aye" on the committee substitute for
SB 1299. There being no objection, the motion prevailed by
unanimous consent.
Senator Moncrief moved that SB 1299 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 Moncrief moved that the committee substitute for SB 1299
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 SB 1411 by Senator Moncrief, relating
to dental services provided under the medical assistance
program, which had been left pending from a previous hearing.
Senator Moncrief moved to reconsider the vote by which the
committee substitute for SB 1411 was adopted during the April 2,
2001, hearing. There being no objection, the motion prevailed
by unanimous consent.
Senator Moncrief moved to withdraw from consideration the
committee substitute for SB 1411 which was adopted during the
April 2, 2001, hearing. There being no objection, the motion
prevailed by unanimous consent.
Senator Moncrief sent up a new version of the committee
substitute for SB 1411 and explained the differences between it
and the bill as filed.
Senator Moncrief moved the adoption of the new version of the
committee substitute for SB 1411. There being no objection, the
motion prevailed by unanimous consent.
Witnesses testifying and registering on the committee substitute
for SB 1411 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
1411, the chairman closed public testimony.
Senators Bernsen, Nelson and Shapleigh asked unanimous consent
to be shown voting "aye" on the committee substitute for SB
1411. There being no objection, the motion prevailed by
unanimous consent.
Senator Moncrief moved that SB 1411 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, 0 nays and 4
absent.
Senator Moncrief moved that the committee substitute for SB 1411
be recommended for certification on the local and uncontested
calendar. There being no objection, the motion prevailed by
unanimous consent.
At 3:46 p.m. Senator Moncrief resumed presiding duties.
No action was taken on the following bills:
HB 102 by Maxey, relating to abolishing the electronic imaging
program of the Texas Department of Human Services; and,
SB 1265 by Haywood, relating to the delegation of prescription
drugs ordered to physician assistants and advanced practice
nurses who provide health care services at certain alternate
practice sites.
There being no other business to come before the committee, the
chairman recessed the committee by unanimous consent at 3:47
p.m., subject to the call of the chairman.
___________________________________________
Mike Moncrief, chairman
___________________________________________
Scott Caffey, committee clerk