By: Oliverson, et al. (Senate Sponsor - Buckingham) H.B. No. 1164
         (In the Senate - Received from the House April 28, 2021;
  May 6, 2021, read first time and referred to Committee on Health &
  Human Services; May 24, 2021, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 9, Nays 0;
  May 24, 2021, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 1164 By:  Buckingham
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to patient safety practices regarding placenta accreta
  spectrum disorder.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter H, Chapter 241, Health and Safety
  Code, is amended by adding Section 241.1837 to read as follows:
         Sec. 241.1837.  PATIENT SAFETY PRACTICES REGARDING PLACENTA
  ACCRETA SPECTRUM DISORDER. (a)  In this section:
               (1)  "Placenta accreta spectrum disorder" includes
  placenta accreta, placenta increta, and placenta percreta.
               (2)  "Telemedicine medical service" has the meaning
  assigned by Section 111.001, Occupations Code.
         (b)  The executive commissioner, in consultation with the
  department, the Perinatal Advisory Council established under
  Section 241.187, and other interested persons described by
  Subsection (c), shall by rule develop patient safety practices for
  the evaluation, diagnosis, treatment, and management of placenta
  accreta spectrum disorder.
         (c)  In adopting the patient safety practices under
  Subsection (b), the executive commissioner must consult with:
               (1)  physicians and other health professionals who
  practice in the evaluation, diagnosis, treatment, and management of
  placenta accreta spectrum disorder;
               (2)  health researchers with expertise in placenta
  accreta spectrum disorder;
               (3)  representatives of patient advocacy
  organizations; and
               (4)  other interested persons.
         (d)  The patient safety practices developed under Subsection
  (b) must, at a minimum, require a hospital assigned a maternal level
  of care designation under Section 241.182 to:
               (1)  screen patients for placenta accreta spectrum
  disorder, if appropriate;
               (2)  manage patients with placenta accreta spectrum
  disorder, including referring and transporting patients to a higher
  level of care when clinically indicated;
               (3)  foster telemedicine medical services, referral,
  and transport relationships with other hospitals assigned a
  maternal level of care designation under Section 241.182 for the
  treatment and management of placenta accreta spectrum disorder;
               (4)  address inpatient postpartum care for patients
  diagnosed with placenta accreta spectrum disorder; and
               (5)  develop a written hospital preparedness and
  management plan for patients with placenta accreta spectrum
  disorder who are undiagnosed until delivery, including educating
  hospital and medical staff who may be involved in the treatment and
  management of placenta accreta spectrum disorder.
         (e)  In addition to implementing the patient safety
  practices required by Subsection (d), a hospital assigned a level
  IV maternal designation shall have available a multidisciplinary
  team of health professionals who participate in continuing staff
  and team-based education and training to care for patients with
  placenta accreta spectrum disorder.
         (f)  The team of health professionals described by
  Subsection (e) may include anesthesiologists,
  obstetricians/gynecologists, urologists, surgical specialists,
  interventional radiologists, and other health professionals who
  are timely available on urgent request to assist in attending to a
  patient with placenta accreta spectrum disorder.
         (g)  The Perinatal Advisory Council, using data collected by
  the department from available sources related to placenta accreta
  spectrum disorder, shall recommend rules on patient safety
  practices for the evaluation, diagnosis, treatment, management,
  and reporting of placenta accreta spectrum disorder. The rules
  adopted under this subsection from the council's recommendations
  must be included in the patient safety practices a hospital
  assigned a maternal level of care designation under Section 241.182
  is required to adopt under Subsection (d).
         (h)  Notwithstanding any other law, this section, including
  the use of or failure to use any patient safety practices,
  information, or materials developed or disseminated under this
  section, does not create a civil, criminal, or administrative cause
  of action or liability or create a standard of care, obligation, or
  duty that provides a basis for a cause of action, and may not be
  referred to or used as evidence in a health care liability claim
  under Chapter 74, Civil Practice and Remedies Code.
         SECTION 2.  Section 241.187(h), Health and Safety Code, is
  amended to read as follows:
         (h)  In developing the criteria for the levels of neonatal
  and maternal care, the advisory council shall consider:
               (1)  any recommendations or publications of the
  American Academy of Pediatrics and the American College [Congress]
  of Obstetricians and Gynecologists, including "Guidelines for
  Perinatal Care";
               (2)  any guidelines developed by the Society of
  Maternal-Fetal Medicine; [and]
               (3)  the geographic and varied needs of citizens of
  this state; and
               (4)  the patient safety practices adopted under Section
  241.1837.
         SECTION 3.  (a)  Not later than December 1, 2021:
               (1)  the Department of State Health Services, in
  collaboration with the Perinatal Advisory Council established
  under Section 241.187, Health and Safety Code, shall consult with
  interested persons as required by Section 241.1837(c), Health and
  Safety Code, as added by this Act; and
               (2)  the Department of State Health Services shall
  collect and provide to the Perinatal Advisory Council the data
  required by Section 241.1837(g), Health and Safety Code, as added
  by this Act.
         (b)  Not later than August 1, 2022, the executive
  commissioner of the Health and Human Services Commission shall
  adopt rules regarding patient safety practices for the treatment of
  placenta accreta spectrum disorder as required by Section 241.1837,
  Health and Safety Code, as added by this Act, based on the Perinatal
  Advisory Council's recommendations as required by Section
  241.1837(g), Health and Safety Code, as added by this Act.
         (c)  Not later than October 1, 2022, a hospital with a
  maternal level of care designation as described by Section 241.182,
  Health and Safety Code, shall adopt patient safety practices for
  the treatment of placenta accreta spectrum disorder as required by
  Section 241.1837, Health and Safety Code, as added by this Act.
         (d)  Notwithstanding Section 241.1837, Health and Safety
  Code, as added by this Act, a hospital assigned a maternal level of
  care designation under Section 241.182, Health and Safety Code, is
  not required to comply with Section 241.1837 before January 1,
  2023.
         SECTION 4.  This Act takes effect September 1, 2021.
 
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