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A BILL TO BE ENTITLED
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AN ACT
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relating to patient safety practices regarding placenta accreta |
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spectrum disorder. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 241, Health and Safety |
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Code, is amended by adding Section 241.1837 to read as follows: |
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Sec. 241.1837. PATIENT SAFETY PRACTICES REGARDING PLACENTA |
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ACCRETA SPECTRUM DISORDER. (a) In this section: |
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(1) "Placenta accreta spectrum disorder" includes |
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placenta accreta, placenta increta, and placenta percreta. |
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(2) "Telemedicine medical service" has the meaning |
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assigned by Section 111.001, Occupations Code. |
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(b) The executive commissioner, in consultation with the |
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department, the Perinatal Advisory Council established under |
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Section 241.187, and other interested persons described by |
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Subsection (c), shall by rule develop patient safety practices for |
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the evaluation, diagnosis, treatment, and management of placenta |
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accreta spectrum disorder. |
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(c) In adopting the patient safety practices under |
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Subsection (b), the executive commissioner must consult with: |
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(1) physicians and other health professionals who |
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practice in the evaluation, diagnosis, treatment, and management of |
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placenta accreta spectrum disorder; |
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(2) health researchers with expertise in placenta |
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accreta spectrum disorder; |
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(3) representatives of patient advocacy |
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organizations; and |
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(4) other interested persons. |
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(d) The patient safety practices developed under Subsection |
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(b) must, at a minimum, require a hospital assigned a maternal level |
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of care designation under Section 241.182 to: |
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(1) screen patients for placenta accreta spectrum |
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disorder, if appropriate; |
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(2) manage patients with placenta accreta spectrum |
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disorder, including referring and transporting patients to a higher |
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level of care when clinically indicated; |
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(3) foster telemedicine medical services, referral, |
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and transport relationships with other hospitals assigned a |
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maternal level of care designation under Section 241.182 for the |
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treatment and management of placenta accreta spectrum disorder; |
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(4) address inpatient postpartum care for patients |
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diagnosed with placenta accreta spectrum disorder; and |
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(5) develop a written hospital preparedness and |
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management plan for patients with placenta accreta spectrum |
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disorder who are undiagnosed until delivery, including educating |
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hospital and medical staff who may be involved in the treatment and |
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management of placenta accreta spectrum disorder. |
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(e) In addition to implementing the patient safety |
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practices required by Subsection (d), a hospital assigned a level |
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IV maternal designation shall have available a multidisciplinary |
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team of health professionals who have: |
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(1) successfully completed training on developing a |
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team response to placenta accreta spectrum disorder; or |
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(2) experience as a team treating or managing placenta |
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accreta spectrum disorder. |
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(f) The team of health professionals described by |
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Subsection (e) may include anesthesiologists, obstetricians, |
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gynecologists, urologists, surgical specialists, interventional |
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radiologists, and other health professionals who are timely |
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available on urgent request to assist in attending to a patient with |
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placenta accreta spectrum disorder. |
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(g) The Perinatal Advisory Council, using data collected by |
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the department from available sources related to placenta accreta |
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spectrum disorder, shall recommend rules on patient safety |
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practices for the evaluation, diagnosis, treatment, management, |
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and reporting of placenta accreta spectrum disorder. The rules |
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adopted under this subsection from the council's recommendations |
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must be included in the patient safety practices a hospital |
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assigned a maternal level of care designation under Section 241.182 |
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is required to adopt under Subsection (d). |
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(h) Notwithstanding any other law, this section, including |
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the use of or failure to use any patient safety practices, |
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information, or materials developed or disseminated under this |
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section, does not create a civil, criminal, or administrative cause |
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of action or liability or create a standard of care, obligation, or |
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duty that provides a basis for a cause of action, and may not be |
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referred to or used as evidence in a health care liability claim |
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under Chapter 74, Civil Practice and Remedies Code. |
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SECTION 2. Section 241.187(h), Health and Safety Code, is |
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amended to read as follows: |
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(h) In developing the criteria for the levels of neonatal |
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and maternal care, the advisory council shall consider: |
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(1) any recommendations or publications of the |
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American Academy of Pediatrics and the American Congress of |
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Obstetricians and Gynecologists, including "Guidelines for |
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Perinatal Care"; |
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(2) any guidelines developed by the Society of |
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Maternal-Fetal Medicine; [and] |
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(3) the geographic and varied needs of citizens of |
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this state; and |
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(4) the patient safety practices adopted under Section |
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241.1837. |
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SECTION 3. (a) Not later than December 1, 2021: |
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(1) the Department of State Health Services, in |
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collaboration with the Perinatal Advisory Council established |
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under Section 241.187, Health and Safety Code, shall consult with |
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interested persons as required by Section 241.1837(c), Health and |
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Safety Code, as added by this Act; and |
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(2) the Department of State Health Services shall |
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collect and provide to the Perinatal Advisory Council the data |
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required by Section 241.1837(g), Health and Safety Code, as added |
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by this Act. |
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(b) Not later than August 1, 2022, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt rules for the patient safety practices for the treatment of |
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placenta accreta spectrum disorder as required by Section 241.1837, |
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Health and Safety Code, as added by this Act, based on the Perinatal |
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Advisory Council's recommendations as required by Section |
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241.1837(g), Health and Safety Code, as added by this Act. |
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(c) Not later than October 1, 2022, a hospital with a |
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maternal level of care designation as described by Section 241.182, |
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Health and Safety Code, shall adopt patient safety practices for |
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the treatment of placenta accreta spectrum disorder as required by |
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Section 241.1837, Health and Safety Code, as added by this Act. |
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(d) Notwithstanding Section 241.1837, Health and Safety |
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Code, as added by this Act, a hospital assigned a maternal level of |
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care designation under Section 241.182, Health and Safety Code, is |
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not required to comply with Section 241.1837 before January 1, |
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2023. |
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SECTION 4. This Act takes effect September 1, 2021. |