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