73R10201 KLL-D
By Van De Putte H.B. No. 1885
Substitute the following for H.B. No. 1885:
By Berlanga C.S.H.B. No. 1885
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, powers, duties, and funding of regional
1-3 poison control centers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle B, Title 9, Health and Safety Code, is
1-6 amended by adding Chapter 777 to read as follows:
1-7 CHAPTER 777. REGIONAL POISON CONTROL CENTERS
1-8 Sec. 777.001. REGIONAL POISON CONTROL CENTERS. (a) Six
1-9 regional centers for poison control are designated as the regional
1-10 poison control centers for the state as follows:
1-11 (1) The University of Texas Medical Branch at
1-12 Galveston;
1-13 (2) the Dallas County Hospital District/North Texas
1-14 Poison Center;
1-15 (3) The University of Texas Health Science Center at
1-16 San Antonio;
1-17 (4) R. E. Thomason General Hospital, El Paso Hospital
1-18 District;
1-19 (5) Northwest Texas Hospital, Amarillo Hospital
1-20 District; and
1-21 (6) Scott and White Memorial Hospital, Temple, Texas.
1-22 (b) The poison control centers shall coordinate poison
1-23 control activities within the designated health and human services
1-24 regions for the state. The Texas Department of Health and the
2-1 Advisory Commission on State Emergency Communications shall jointly
2-2 adopt rules designating the region for each poison control center.
2-3 Sec. 777.002. TELEPHONE SERVICES. (a) A poison control
2-4 center established by this chapter shall provide a 24-hour
2-5 toll-free telephone referral and information service for the public
2-6 and health care professionals according to the requirements of the
2-7 American Association of Poison Control Centers.
2-8 (b) Each public safety answering point, as that term is
2-9 defined by Section 771.001, shall have direct telephone access to
2-10 at least one poison control center. Regional poison information
2-11 services may be available directly from the center but shall be
2-12 available through all 9-1-1 services in the region, as the term
2-13 "9-1-1 service" is defined by Section 771.001. 9-1-1 service calls
2-14 pertaining to poisonings may be routed to a central poison control
2-15 answering site within the region, if possible, if the routing does
2-16 not adversely affect the immediate availability of poisoning
2-17 management services.
2-18 (c) A poison control center shall ensure that poison control
2-19 activities within the designated region meet the criteria
2-20 established by the American Association of Poison Control Centers.
2-21 A center may meet the criteria directly or may affiliate with other
2-22 poison treatment facilities within the region if possible. A
2-23 center shall ensure that treatment facilities and services are
2-24 available within the region and shall identify and make available
2-25 to the public and to appropriate health professionals information
2-26 concerning analytical toxicology, emergency and critical care, and
2-27 extracorporeal capabilities within the region.
3-1 Sec. 777.003. COMMUNITY PROGRAMS AND ASSISTANCE. A poison
3-2 control center shall provide:
3-3 (1) community education programs on poison prevention
3-4 methods to inform the public, such as presentations to persons
3-5 attending a primary or secondary school, a parent-teacher
3-6 association meeting, an employee safety meeting at an industrial
3-7 company, or other interested groups;
3-8 (2) information and education to health professionals
3-9 involved in the management of poison and overdose victims,
3-10 including information regarding appropriate therapeutic use of
3-11 medications, their compatibility and stability, and adverse drug
3-12 reactions and interactions;
3-13 (3) professional and technical assistance to state
3-14 agencies requesting toxicologic assistance; and
3-15 (4) consultation services concerning medical
3-16 toxicology, for which a fee may be charged in an amount set by the
3-17 institution in which the center is located to cover the costs of
3-18 the service.
3-19 Sec. 777.004. STAFF. (a) A poison control center
3-20 established under this chapter shall use physicians, pharmacists,
3-21 nurses, other professionals, and support personnel trained in
3-22 various aspects of toxicology and poison control and prevention.
3-23 (b) A poison control center shall make available resources,
3-24 if possible, to accommodate persons who do not speak English.
3-25 Sec. 777.005. RESEARCH PROGRAMS. (a) A poison control
3-26 center may conduct a toxicology poison treatment research program
3-27 to improve treatments for poisoning victims and to reduce the
4-1 severity of injuries from poisonings.
4-2 (b) A poison control center may accept grants or
4-3 contributions from public or private sources to be used for
4-4 research.
4-5 Sec. 777.006. INFORMATION AT BIRTH. The Texas Department of
4-6 Health shall assist the regional poison control centers in
4-7 providing informational packets on poison prevention to parents of
4-8 newborns.
4-9 Sec. 777.007. STATE LIABILITY. The state shall indemnify a
4-10 poison control center and an employee of a poison control center
4-11 under Chapter 104, Civil Practice and Remedies Code.
4-12 Sec. 777.008. COORDINATING COMMITTEE. (a) The coordinating
4-13 committee on poison control shall advise the Texas Board of Health
4-14 and the Advisory Commission on State Emergency Communications.
4-15 (b) The committee is composed of one public member appointed
4-16 by the Texas Board of Health, one public member appointed by the
4-17 Advisory Commission on State Emergency Communications, and 13
4-18 members appointed by the chief executive officer of each of the
4-19 following entities:
4-20 (1) The University of Texas Medical Branch at
4-21 Galveston;
4-22 (2) the Dallas County Hospital District/North Texas
4-23 Poison Center;
4-24 (3) The University of Texas Health Science Center at
4-25 San Antonio;
4-26 (4) R. E. Thomason General Hospital, El Paso Hospital
4-27 District;
5-1 (5) Northwest Texas Hospital, Amarillo Hospital
5-2 District;
5-3 (6) Scott and White Memorial Hospital, Temple, Texas;
5-4 (7) The University of Texas Southwest Medical Center
5-5 at Dallas;
5-6 (8) The Texas A&M University Health Science Center;
5-7 (9) the Texas Tech University Health Science Center;
5-8 (10) the Texas Veterinary Medical Diagnostic
5-9 Laboratory;
5-10 (11) the Department of Agriculture;
5-11 (12) the Texas Department of Health; and
5-12 (13) the Advisory Commission on State Emergency
5-13 Communications.
5-14 Sec. 777.009. FUNDING. (a) The Texas Department of Health
5-15 and the Advisory Commission on State Emergency Communications shall
5-16 establish a program to award grants to fund the regional poison
5-17 control centers.
5-18 (b) The Texas Board of Health and the Advisory Commission on
5-19 State Emergency Communications shall jointly adopt rules to
5-20 establish criteria for awarding the grants. The rules must require
5-21 the agencies to consider;
5-22 (1) the need of the region based on population served
5-23 for poison control services and the extent to which the grant would
5-24 meet the identified need;
5-25 (2) the assurance of providing quality services;
5-26 (3) the availability of other funding sources;
5-27 (4) achieving or maintaining certification as a poison
6-1 control center with the American Association of Poison Control
6-2 Centers;
6-3 (5) maintenance of effort; and
6-4 (6) the development or existence of telecommunications
6-5 systems.
6-6 (c) The Texas Department of Health and the Advisory
6-7 Commission on State Emergency Communications may approve grants
6-8 according to their jointly adopted rules. A grant awarded under
6-9 this section is governed by Chapter 783, Government Code, and the
6-10 rules adopted under that chapter.
6-11 (d) The Texas Department of Health and the Advisory
6-12 Commission on State Emergency Communications may accept gifts or
6-13 grants from any source for purposes of this chapter.
6-14 SECTION 2. Section 771.058(a), Health and Safety Code, is
6-15 amended to read as follows:
6-16 (a) In a county with a population of 120,000 or less, the
6-17 county or another public agency, other than the state, located in
6-18 the county is not required to participate in the regional plan
6-19 applicable to the regional planning commission in which it is
6-20 located, and the fee <or surcharge> imposed under this chapter may
6-21 not be charged to a customer in the county or territory of the
6-22 public agency other than the county, unless the county or other
6-23 public agency chooses to participate in the plan by resolution of
6-24 its governing body.
6-25 SECTION 3. Section 771.072, Health and Safety Code, is
6-26 amended to read as follows:
6-27 Sec. 771.072. Equalization Surcharge. (a) In addition to
7-1 the fee imposed under Section 771.071, the advisory commission
7-2 shall <may> impose a 9-1-1 equalization surcharge on each customer
7-3 receiving intrastate long-distance service, including customers in
7-4 an area served by an emergency communication district, even if the
7-5 district is not participating in the regional plan.
7-6 (b) The amount of the surcharge may not exceed 1-3/10
7-7 <one-half> of one percent of the charges for intrastate
7-8 long-distance service, as defined by the commission.
7-9 (c) An intrastate long-distance service provider shall
7-10 collect the surcharge imposed on its customers under this section
7-11 and shall deliver the surcharges to the advisory commission not
7-12 later than the 60th day after the last day of the month in which
7-13 the surcharges are collected.
7-14 (d) From the revenue received from the surcharge imposed
7-15 under this section, the amount derived from the application of the
7-16 surcharge at a rate of not more than .5 percent shall be allocated
7-17 <The advisory commission periodically shall allocate the
7-18 surcharges> to <each> regional planning commissions <commission> or
7-19 other public agencies <agency> designated by the regional planning
7-20 commissions <commission> for use in carrying out the regional plans
7-21 provided for by this chapter. The allocations to the regional
7-22 planning commissions are not required to be equal, but should be
7-23 made to carry out the policy of this chapter to implement 9-1-1
7-24 service statewide. Money collected under this section may be
7-25 allocated to an emergency communication district regardless of
7-26 whether the district is participating in the applicable regional
7-27 plan.
8-1 (e) From the revenue received from the surcharge imposed by
8-2 this section, the amount derived from the application of the
8-3 surcharge at a rate of not more than .8 percent shall be
8-4 periodically allocated to the Texas Department of Health to fund
8-5 grants awarded under Section 777.009.
8-6 (f) The advisory commission shall deposit <manage> the
8-7 surcharges and any prior balances in an account in the general
8-8 revenue fund in <outside> the state treasury until they are
8-9 allocated to regional planning commissions and poison control
8-10 centers in accordance with this section. From that account,<. The
8-11 advisory commission may retain from the surcharges> the amount
8-12 necessary for the commission to fund approved plans of regional
8-13 planning commissions and regional poison control centers and to
8-14 carry out its duties under this chapter shall be appropriated to
8-15 the commission.
8-16 SECTION 4. Section 771.075, Health and Safety Code, is
8-17 amended to read as follows:
8-18 Sec. 771.075. USE OF REVENUE. Except as provided by Section
8-19 771.072(e), 771.072(f), or 771.073(d), fees and surcharges
8-20 collected under this subchapter may be used only for planning,
8-21 development, and provision of 9-1-1 service as approved by the
8-22 advisory commission.
8-23 SECTION 5. Subchapter F, Chapter 773, Health and Safety
8-24 Code, is repealed.
8-25 SECTION 6. (a) Before January 1, 1994, the Advisory
8-26 Commission on State Emergency Communications shall set the amount
8-27 of the surcharge designated for implementation of Chapter 777,
9-1 Health and Safety Code, as added by this Act.
9-2 (b) Before March 1, 1994, the Texas Department of Health and
9-3 the Advisory Commission on State Emergency Communications shall
9-4 adopt the criteria for awarding grants under Chapter 777, Health
9-5 and Safety Code, as added by this Act.
9-6 (c) Before September 1, 1994, the Texas Department of Health
9-7 shall award grants as provided under Chapter 777, Health and Safety
9-8 Code, as added by this Act.
9-9 SECTION 7. This Act takes effect September 1, 1993.
9-10 SECTION 8. The importance of this legislation and the
9-11 crowded condition of the calendars in both houses create an
9-12 emergency and an imperative public necessity that the
9-13 constitutional rule requiring bills to be read on three several
9-14 days in each house be suspended, and this rule is hereby suspended.