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