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A BILL TO BE ENTITLED
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AN ACT
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relating to a pilot project to provide emergency telemedicine |
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medical services in rural areas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 771, Health and Safety Code, is amended |
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by adding Subchapter F to read as follows: |
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SUBCHAPTER F. NEXT GENERATION 9-1-1 TELEMEDICINE MEDICAL SERVICES |
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PILOT PROJECT |
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Sec. 771.151. DEFINITIONS. In this subchapter: |
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(1) "Center" means the area health education center at |
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the Texas Tech University Health Sciences Center that meets the |
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requirements of 42 U.S.C. Section 294a and has been awarded federal |
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funding as an area health education center. |
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(2) "Emergency medical services" means services used |
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to respond to an individual's perceived need for immediate medical |
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care and to prevent death or aggravation of physiological or |
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psychological illness or injury. |
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(3) "Emergency medical services provider" means a |
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person who uses or maintains emergency medical services vehicles, |
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medical equipment, and emergency medical services personnel to |
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provide emergency medical services. |
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(4) "Emergency prehospital care" means care provided |
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to a sick or injured individual before or during transportation of |
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the individual to a medical facility, and includes any necessary |
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stabilization of the individual in connection with that |
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transportation. |
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(5) "Pilot project" means a pilot project established |
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under Section 771.152. |
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(6) "Regional trauma resource center" means a trauma |
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facility the center selects to participate in the pilot project. |
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(7) "Rural area" means: |
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(A) a county with a population of 50,000 or less; |
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or |
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(B) a large, isolated, and sparsely populated |
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area of a county with a population of more than 50,000. |
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(8) "Telemedicine medical service" means a health care |
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service initiated by a physician or provided by a health |
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professional acting under physician delegation and supervision |
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that is provided for patient assessment purposes by a health |
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professional, diagnosis or consultation by a physician, treatment |
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by a health professional, or the transfer of medical data and that |
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requires the use of advanced telecommunications technology, other |
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than telephone or facsimile technology, including: |
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(A) compressed digital interactive video, audio, |
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or data transmission; |
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(B) clinical data transmission using computer |
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imaging through still-image capture and store and forward; and |
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(C) other technology that facilitates access to |
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health care services or medical specialty expertise. |
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(9) "Trauma facility" means a health care facility |
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that is equipped and staffed to provide comprehensive treatment of |
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seriously injured individuals and is a part of an emergency medical |
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services and trauma care system. |
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Sec. 771.152. ESTABLISHMENT OF PILOT PROJECT. (a) The |
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commission, with the assistance of the center, shall establish a |
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pilot project to provide emergency medical services instruction and |
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emergency prehospital care instruction through a telemedicine |
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medical service provided by regional trauma resource centers to: |
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(1) health care providers in rural area trauma |
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facilities; and |
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(2) emergency medical services providers in rural |
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areas. |
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(b) The commission shall provide technical assistance to |
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the center in implementing the pilot project. |
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(c) The center, with the assistance of the commission, |
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shall: |
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(1) design criteria and protocols for the telemedicine |
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medical service and related instruction and provide the oversight |
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necessary to conduct the pilot project; |
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(2) define criteria to determine when telemedicine |
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medical services that provide instructions for emergency medical |
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services, emergency prehospital care, and trauma care should be |
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transferred to an emergency medical resource center for |
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intervention; and |
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(3) collect the data necessary to evaluate the |
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project. |
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(d) The center may make available appropriate resources for |
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individuals who do not speak English. |
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Sec. 771.153. PERSONNEL. The center shall provide the |
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telemedicine medical service and related instruction for the pilot |
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project through health care providers in regional trauma resource |
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centers, including physicians, pharmacists, emergency medical |
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personnel, and other health professionals acting under physician |
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delegation and supervision. |
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Sec. 771.154. PARTICIPATION IN PILOT PROJECT. (a) The |
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center shall determine the trauma facilities and emergency medical |
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services providers interested in participating in the pilot |
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project. |
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(b) A trauma facility or emergency medical services |
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provider participating in the pilot project must agree to |
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successfully complete any required training and to provide all |
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reports required by the center for the project. |
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Sec. 771.155. SELECTION OF PROJECT PARTICIPANTS AND |
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REGIONAL TRAUMA RESOURCE CENTERS. (a) The center, with the |
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assistance of the commission, may select trauma facilities and |
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emergency medical services providers to participate in the pilot |
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project and select trauma facilities to serve as regional trauma |
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resource centers. |
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(b) The center may not select a trauma facility to |
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participate in the pilot project or to serve as a regional trauma |
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resource center unless the facility: |
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(1) has a quality assurance program that measures each |
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health care provider's compliance with the medical protocol; |
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(2) uses emergency medical services and emergency |
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prehospital care protocols approved by a physician medical director |
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knowledgeable in emergency medical services and emergency |
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prehospital care; |
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(3) has experience in providing emergency medical |
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services and emergency prehospital care that the center determines |
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is sufficient; and |
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(4) has resources sufficient to provide the additional |
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telemedicine medical services and related instruction required for |
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the project in addition to the health care services already |
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provided by the facility. |
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(c) In selecting a trauma facility to serve as a regional |
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trauma resource center, the center shall consider the facility |
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personnel's ability to maintain records and produce reports to |
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measure the effectiveness of the pilot project. The center shall |
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share information regarding that ability with the commission. |
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Sec. 771.156. FUNDING OF PILOT PROJECT. (a) Money |
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collected under Section 771.072(f) may be appropriated to the |
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commission to fund the pilot project. |
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(b) The center may seek grants to fund the pilot project. |
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(c) A political subdivision with a trauma facility that |
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participates in the pilot project may pay part of the costs of the |
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project. |
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(d) If a sufficient number of political subdivisions in a |
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region that may be served by the pilot project agree to pay the |
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center an amount that together with other funding received under |
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this section is sufficient to fund the project for the region, the |
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center shall: |
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(1) contract with the political subdivisions for each |
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to pay an appropriate share of the cost; and |
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(2) implement the project for the region when the |
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amounts agreed to in the contracts and any other funding received |
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under this section are sufficient to fund the project for the |
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region. |
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Sec. 771.157. REPORT TO LEGISLATURE. The center, in |
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cooperation with the commission, shall report its findings to the |
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governor and the presiding officer of each house of the |
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legislature, not later than December 31, 2026. |
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Sec. 771.158. LIABILITY. The operations of the center and a |
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regional trauma resource center are considered to be the provision |
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of 9-1-1 services for purposes of Section 771.053. Employees of and |
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volunteers at the regional trauma resource center have the same |
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protection from liability as a member of the governing body of a |
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public agency under Section 771.053. |
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Sec. 771.159. WORK GROUP. (a) The center may appoint a |
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project work group to assist the center in developing, |
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implementing, and evaluating the pilot project and preparing a |
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report on the center's findings. |
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(b) A member of the work group is not entitled to |
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compensation for serving on the project work group and may not be |
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reimbursed for travel or other expenses incurred while conducting |
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the business of the project work group. |
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(c) The project work group is not subject to Chapter 2110, |
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Government Code. |
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Sec. 771.160. EXPIRATION. This subchapter expires January |
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1, 2027. |
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SECTION 2. Section 771.072(g), Health and Safety Code, is |
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amended to read as follows: |
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(g) Notwithstanding any other law, revenue derived from the |
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equalization surcharge imposed under this section may be |
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appropriated to the commission only for the purposes described by |
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Section 771.156 and Sections 773.122 through 773.124. |
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SECTION 3. This Act takes effect September 1, 2021. |