By: Whitmire S.B. No. 773
73R2430 KLL-D
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 established as the Texas
1-10 Poison Centers Network located at the following institutions:
1-11 (1) The University of Texas Medical Branch at
1-12 Galveston;
1-13 (2) The University of Texas Southwestern Medical
1-14 Center at Dallas;
1-15 (3) The University of Texas Health Science Center at
1-16 San Antonio;
1-17 (4) The University of Texas at El Paso;
1-18 (5) Texas Tech University Health Sciences Center at
1-19 Lubbock; and
1-20 (6) Scott and White Hospital in Temple, which is
1-21 affiliated with The Texas A&M University System.
1-22 (b) The poison control center located at The University of
1-23 Texas Medical Branch at Galveston shall coordinate the activities
1-24 of the network, including:
2-1 (1) the submission to the Galveston poison control
2-2 center of budget requests; and
2-3 (2) data collection as prescribed by the American
2-4 Association of Poison Control Centers.
2-5 Sec. 777.002. TELEPHONE SERVICES. (a) A poison control
2-6 center established by this chapter shall provide a 24-hour
2-7 toll-free telephone referral and information service for the public
2-8 and health care professionals that is supervised by a physician
2-9 board certified in the field of medical toxicology and is staffed
2-10 by licensed professionals according to the requirements of the
2-11 American Association of Poison Control Centers.
2-12 (b) Each 9-1-1 regional service area shall have direct
2-13 telephone access to at least one poison control center in the
2-14 network.
2-15 (c) A poison control center shall answer requests by
2-16 telephone for poison information, recommend appropriate emergency
2-17 management, and provide treatment referrals for poisoning exposure
2-18 and overdose victims. A center shall provide the services at all
2-19 times of the day or night. The services must include:
2-20 (1) determining whether treatment can be accomplished
2-21 at the scene of the incident or whether transport to an emergency
2-22 treatment facility is required;
2-23 (2) recommending treatment measures to appropriate
2-24 personnel; and
2-25 (3) telephone follow-ups, when possible, to review
2-26 exposure outcomes and the treatment recommended after an emergency
2-27 exposure in which the poison control center provided services.
3-1 (d) The telephone service of each poison control center
3-2 shall be integrated and connected with the telephone services of
3-3 all other poison control centers so that aid will be available from
3-4 another poison control center if the poison control center
3-5 initially called is unable to respond.
3-6 (e) The Public Utility Commission of Texas by rule shall
3-7 require that a local exchange telephone company or any directory
3-8 publisher shall publish the poison control center in the front
3-9 inside page of the telephone directory and located with the fire,
3-10 police, and ambulance listings associated with 9-1-1 services.
3-11 Sec. 777.003. COMMUNITY PROGRAMS AND ASSISTANCE. A poison
3-12 control center may provide:
3-13 (1) community education programs designed to inform
3-14 the public of poison prevention methods, such as presentations to
3-15 persons attending a primary or secondary school, a parent-teacher
3-16 association meeting, an employee safety meeting at an industrial
3-17 company, or other interested groups;
3-18 (2) information and education to health professionals
3-19 involved in the management of poisoning and overdose victims,
3-20 including information regarding appropriate therapeutic use of
3-21 medications, their compatibility and stability, and adverse drug
3-22 reactions and interactions;
3-23 (3) professional and technical assistance to state
3-24 agencies requesting toxicologic assistance; and
3-25 (4) consultation services to private entities
3-26 concerning medical toxicology, for which a fee may be charged in an
3-27 amount set by the institution in which the center is located to
4-1 cover the costs of the service, with the fee to be used for
4-2 toxicology research.
4-3 Sec. 777.004. STAFF. (a) A poison control center
4-4 established under this chapter shall use physicians, pharmacists,
4-5 nurses, other professionals, and support personnel trained in
4-6 various aspects of toxicology and poison control and prevention.
4-7 (b) At least one person on the staff shall be able to speak
4-8 and understand both English and Spanish.
4-9 Sec. 777.005. RESEARCH PROGRAMS. (a) A poison control
4-10 center may conduct a toxicology poison treatment research program
4-11 to improve treatments for poisoning victims and to reduce the
4-12 severity of injuries from poisonings.
4-13 (b) The poison control center located at The University of
4-14 Texas Medical Branch at Galveston shall supervise and coordinate
4-15 the research programs.
4-16 Sec. 777.006. INFORMATION AT BIRTH. (a) Notwithstanding
4-17 Section 3, Chapter 424, Acts of the 63rd Legislature, Regular
4-18 Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes),
4-19 each local registrar shall notify the nearest poison control center
4-20 of each birth that occurs in the local registrar's registration
4-21 district.
4-22 (b) The notification must include the name and address of
4-23 the person born and shall be sent quarterly.
4-24 (c) On receipt of the notification under Subsection (a), the
4-25 poison control center shall send an instructional packet on poison
4-26 prevention to the address supplied by the local registrar. If
4-27 funds are available, the poison control center shall also send an
5-1 emergency poison kit containing poison antidotes and instructions
5-2 on use.
5-3 Sec. 777.007. LIMITATION ON CIVIL LIABILITY. (a) A poison
5-4 control center is a governmental unit for purposes of Chapter 101,
5-5 Civil Practice and Remedies Code, and is subject to the limitation
5-6 of liability established for state government by Section
5-7 101.023(a), Civil Practice and Remedies Code.
5-8 (b) The state shall indemnify an employee of a poison
5-9 control center as required by Chapter 104, Civil Practice and
5-10 Remedies Code.
5-11 SECTION 2. Sections 771.071(b), (c), and (f), Health and
5-12 Safety Code, are amended to read as follows:
5-13 (b) The amount of the fee may not exceed 60 <50> cents a
5-14 month for each line. Ten cents of the fee imposed on a line is
5-15 dedicated for the use of the poison control centers established by
5-16 Chapter 777.
5-17 (c) The advisory commission may set the fee in a different
5-18 amount in each regional planning commission region based on the
5-19 cost of providing 9-1-1 service to each region and considering the
5-20 amount dedicated under Subsection (b) to poison control centers.
5-21 (f) The regional planning commission or designated public
5-22 agency shall distribute the fees, excluding the amount dedicated to
5-23 poison control centers under Subsection (b), to the public agencies
5-24 in the county for use in providing 9-1-1 service. The regional
5-25 planning commission or designated public agency shall send to the
5-26 comptroller of public accounts the amount dedicated under
5-27 Subsection (b) and shall designate the poison control center to
6-1 which it desires those funds to be disbursed, subject to the
6-2 budgetary process under Section 777.001(b) and to the comptroller's
6-3 discretion. The comptroller shall hold those amounts outside the
6-4 state treasury and shall disburse those funds only to the poison
6-5 control centers as the comptroller determines necessary to
6-6 adequately fund the activities authorized by Chapter 777.
6-7 SECTION 3. Section 771.075, Health and Safety Code, is
6-8 amended to read as follows:
6-9 Sec. 771.075. USE OF REVENUE. Except as provided by Section
6-10 771.071(b), 771.072(e), or 771.073(d), fees and surcharges
6-11 collected under this subchapter may be used only for planning,
6-12 development, and provision of 9-1-1 service as approved by the
6-13 advisory commission.
6-14 SECTION 4. The Advisory Commission on State Emergency
6-15 Communications shall set emergency service fees in amounts
6-16 sufficient to allow the increase in the fee as provided by Section
6-17 771.071(b), Health and Safety Code, as amended by this Act, not
6-18 later than December 1, 1993. That fee shall be collected for the
6-19 first full monthly billing cycle that occurs after the new fee is
6-20 adopted.
6-21 SECTION 5. Subchapter F, Chapter 773, Health and Safety
6-22 Code, is repealed.
6-23 SECTION 6. This Act takes effect September 1, 1993.
6-24 SECTION 7. The importance of this legislation and the
6-25 crowded condition of the calendars in both houses create an
6-26 emergency and an imperative public necessity that the
6-27 constitutional rule requiring bills to be read on three several
7-1 days in each house be suspended, and this rule is hereby suspended.