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