1-1 By: Whitmire S.B. No. 773
1-2 (In the Senate - Filed March 10, 1993; March 11, 1993, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 May 7, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; May 7, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Zaffirini x
1-10 Ellis x
1-11 Madla x
1-12 Moncrief x
1-13 Nelson x
1-14 Patterson x
1-15 Shelley x
1-16 Truan x
1-17 Wentworth x
1-18 COMMITTEE SUBSTITUTE FOR S.B. No. 773 By: Wentworth
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the creation, powers, duties, and funding of regional
1-22 poison control centers; requiring an appropriation.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Subtitle B, Title 9, Health and Safety Code, is
1-25 amended by adding Chapter 777 to read as follows:
1-26 CHAPTER 777. REGIONAL POISON CONTROL CENTERS
1-27 Sec. 777.001. REGIONAL POISON CONTROL CENTERS. (a) Six
1-28 regional centers for poison control are designated as the regional
1-29 poison control centers for the state as follows:
1-30 (1) The University of Texas Medical Branch at
1-31 Galveston;
1-32 (2) the Dallas County Hospital District/North Texas
1-33 Poison Center;
1-34 (3) The University of Texas Health Science Center at
1-35 San Antonio;
1-36 (4) R. E. Thomason General Hospital, El Paso County
1-37 Hospital District;
1-38 (5) Northwest Texas Hospital, Amarillo Hospital
1-39 District; and
1-40 (6) Scott and White Memorial Hospital, Temple, Texas.
1-41 (b) The poison control centers shall coordinate poison
1-42 control activities within the designated health and human services
1-43 regions for the state. The Texas Department of Health and the
1-44 Advisory Commission on State Emergency Communications shall jointly
1-45 adopt rules designating the region for each poison control center.
1-46 Sec. 777.002. TELEPHONE SERVICES. (a) A poison control
1-47 center established by this chapter shall provide a 24-hour
1-48 toll-free telephone referral and information service for the public
1-49 and health care professionals according to the requirements of the
1-50 American Association of Poison Control Centers.
1-51 (b) Each public safety answering point, as that term is
1-52 defined by Section 771.001, shall have direct telephone access to
1-53 at least one poison control center. Regional poison information
1-54 services may be available directly from the center but shall be
1-55 available through all 9-1-1 services in the region, as the term
1-56 "9-1-1 service" is defined by Section 771.001. The 9-1-1 service
1-57 calls pertaining to poisonings may be routed to a central poison
1-58 control answering site within the region, if possible, if the
1-59 routing does not adversely affect the immediate availability of
1-60 poisoning management services.
1-61 (c) A poison control center shall ensure that poison control
1-62 activities within the designated region meet the criteria
1-63 established by the American Association of Poison Control Centers.
1-64 A center may meet the criteria directly or may affiliate with other
1-65 poison treatment facilities within the region if possible. A
1-66 center shall ensure that treatment facilities and services are
1-67 available within the region and shall identify and make available
1-68 to the public and to appropriate health professionals information
2-1 concerning analytical toxicology, emergency and critical care, and
2-2 extracorporeal capabilities within the region.
2-3 Sec. 777.003. COMMUNITY PROGRAMS AND ASSISTANCE. A poison
2-4 control center shall provide:
2-5 (1) community education programs on poison prevention
2-6 methods to inform the public, such as presentations to persons
2-7 attending a primary or secondary school, a parent-teacher
2-8 association meeting, an employee safety meeting at an industrial
2-9 company, or other interested groups;
2-10 (2) information and education to health professionals
2-11 involved in the management of poison and overdose victims,
2-12 including information regarding appropriate therapeutic use of
2-13 medications, their compatibility and stability, and adverse drug
2-14 reactions and interactions;
2-15 (3) professional and technical assistance to state
2-16 agencies requesting toxicologic assistance; and
2-17 (4) consultation services concerning medical
2-18 toxicology, for which a fee may be charged in an amount set by the
2-19 institution in which the center is located to cover the costs of
2-20 the service.
2-21 Sec. 777.004. STAFF. (a) A poison control center
2-22 established under this chapter shall use physicians, pharmacists,
2-23 nurses, other professionals, and support personnel trained in
2-24 various aspects of toxicology and poison control and prevention.
2-25 (b) A poison control center shall make available resources,
2-26 if possible, to accommodate persons who do not speak English.
2-27 Sec. 777.005. RESEARCH PROGRAMS. (a) A poison control
2-28 center may conduct a toxicology poison treatment research program
2-29 to improve treatments for poisoning victims and to reduce the
2-30 severity of injuries from poisonings.
2-31 (b) A poison control center may accept grants or
2-32 contributions from public or private sources to be used for
2-33 research.
2-34 Sec. 777.006. INFORMATION AT BIRTH. The Texas Department of
2-35 Health shall assist the regional poison control centers in
2-36 providing informational packets on poison prevention to parents of
2-37 newborns.
2-38 Sec. 777.007. STATE LIABILITY. The state shall indemnify a
2-39 poison control center and an employee of a poison control center
2-40 under Chapter 104, Civil Practice and Remedies Code.
2-41 Sec. 777.008. COORDINATING COMMITTEE. (a) The coordinating
2-42 committee on poison control shall advise the Texas Board of Health
2-43 and the Advisory Commission on State Emergency Communications.
2-44 (b) The committee is composed of one public member appointed
2-45 by the Texas Board of Health, one public member appointed by the
2-46 Advisory Commission on State Emergency Communications, and 13
2-47 members appointed by the chief executive officer of each of the
2-48 following entities:
2-49 (1) The University of Texas Medical Branch at
2-50 Galveston;
2-51 (2) the Dallas County Hospital District/North Texas
2-52 Poison Center;
2-53 (3) The University of Texas Health Science Center at
2-54 San Antonio;
2-55 (4) R. E. Thomason General Hospital, El Paso County
2-56 Hospital District;
2-57 (5) Northwest Texas Hospital, Amarillo Hospital
2-58 District;
2-59 (6) Scott and White Memorial Hospital, Temple, Texas;
2-60 (7) The University of Texas Southwestern Medical
2-61 Center at Dallas;
2-62 (8) The Texas A&M University Health Science Center;
2-63 (9) the Texas Tech University Health Sciences Center;
2-64 (10) the Texas Veterinary Medical Diagnostic
2-65 Laboratory;
2-66 (11) the Department of Agriculture;
2-67 (12) the Texas Department of Health; and
2-68 (13) the Advisory Commission on State Emergency
2-69 Communications.
2-70 Sec. 777.009. FUNDING. (a) The Texas Department of Health
3-1 and the Advisory Commission on State Emergency Communications shall
3-2 establish a program to award grants to fund the regional poison
3-3 control centers.
3-4 (b) The Texas Board of Health and the Advisory Commission on
3-5 State Emergency Communications shall jointly adopt rules to
3-6 establish criteria for awarding the grants. The rules must require
3-7 the agencies to consider:
3-8 (1) the need of the region based on population served
3-9 for poison control services and the extent to which the grant would
3-10 meet the identified need;
3-11 (2) the assurance of providing quality services;
3-12 (3) the availability of other funding sources;
3-13 (4) achieving or maintaining certification as a poison
3-14 control center with the American Association of Poison Control
3-15 Centers;
3-16 (5) maintenance of effort; and
3-17 (6) the development or existence of telecommunications
3-18 systems.
3-19 (c) The Texas Department of Health and the Advisory
3-20 Commission on State Emergency Communications may approve grants
3-21 according to their jointly adopted rules. A grant awarded under
3-22 this section is governed by Chapter 783, Government Code, and the
3-23 rules adopted under that chapter.
3-24 (d) The Texas Department of Health and the Advisory
3-25 Commission on State Emergency Communications may accept gifts or
3-26 grants from any source for purposes of this chapter.
3-27 SECTION 2. Subsection (a), Section 771.058, Health and
3-28 Safety Code, is amended to read as follows:
3-29 (a) In a county with a population of 120,000 or less, the
3-30 county or another public agency, other than the state, located in
3-31 the county is not required to participate in the regional plan
3-32 applicable to the regional planning commission in which it is
3-33 located, and the fee <or surcharge> imposed under this chapter may
3-34 not be charged to a customer in the county or territory of the
3-35 public agency other than the county, unless the county or other
3-36 public agency chooses to participate in the plan by resolution of
3-37 its governing body.
3-38 SECTION 3. Section 771.072, Health and Safety Code, is
3-39 amended to read as follows:
3-40 Sec. 771.072. Equalization Surcharge. (a) In addition to
3-41 the fee imposed under Section 771.071, the advisory commission
3-42 shall <may> impose a 9-1-1 equalization surcharge on each customer
3-43 receiving intrastate long-distance service, including customers in
3-44 an area served by an emergency communication district, even if the
3-45 district is not participating in the regional plan.
3-46 (b) The amount of the surcharge may not exceed 1-3/10
3-47 <one-half> of one percent of the charges for intrastate
3-48 long-distance service, as defined by the commission.
3-49 (c) An intrastate long-distance service provider shall
3-50 collect the surcharge imposed on its customers under this section
3-51 and shall deliver the surcharges to the advisory commission not
3-52 later than the 60th day after the last day of the month in which
3-53 the surcharges are collected.
3-54 (d) From the revenue received from the surcharge imposed
3-55 under this section, the amount derived from the application of the
3-56 surcharge at a rate of not more than .5 percent shall be allocated
3-57 <The advisory commission periodically shall allocate the
3-58 surcharges> to <each> regional planning commissions <commission> or
3-59 other public agencies <agency> designated by the regional planning
3-60 commissions <commission> for use in carrying out the regional plans
3-61 provided for by this chapter. The allocations to the regional
3-62 planning commissions are not required to be equal, but should be
3-63 made to carry out the policy of this chapter to implement 9-1-1
3-64 service statewide. Money collected under this section may be
3-65 allocated to an emergency communication district regardless of
3-66 whether the district is participating in the applicable regional
3-67 plan.
3-68 (e) From the revenue received from the surcharge imposed by
3-69 this section, the amount derived from the application of the
3-70 surcharge at a rate of not more than .8 percent shall be
4-1 periodically allocated to the Texas Department of Health to fund
4-2 grants awarded under Section 777.009.
4-3 (f) The advisory commission shall deposit <manage> the
4-4 surcharges and any prior balances in an account in the general
4-5 revenue fund in <outside> the state treasury until they are
4-6 allocated to regional planning commissions and poison control
4-7 centers in accordance with this section. From that account,<. The
4-8 advisory commission may retain from the surcharges> the amount
4-9 necessary for the commission to fund approved plans of regional
4-10 planning commissions and regional poison control centers and to
4-11 carry out its duties under this chapter shall be appropriated to
4-12 the commission.
4-13 SECTION 4. Section 771.075, Health and Safety Code, is
4-14 amended to read as follows:
4-15 Sec. 771.075. USE OF REVENUE. Except as provided by Section
4-16 771.072(e), 771.072(f), or 771.073(d), fees and surcharges
4-17 collected under this subchapter may be used only for planning,
4-18 development, and provision of 9-1-1 service as approved by the
4-19 advisory commission.
4-20 SECTION 5. Subchapter F, Chapter 773, Health and Safety
4-21 Code, is repealed.
4-22 SECTION 6. (a) Before January 1, 1994, the Advisory
4-23 Commission on State Emergency Communications shall set the amount
4-24 of the surcharge designated for implementation of Chapter 777,
4-25 Health and Safety Code, as added by this Act.
4-26 (b) Before March 1, 1994, the Texas Department of Health and
4-27 the Advisory Commission on State Emergency Communications shall
4-28 adopt the criteria for awarding grants under Chapter 777, Health
4-29 and Safety Code, as added by this Act.
4-30 (c) Before September 1, 1994, the Texas Department of Health
4-31 shall award grants as provided under Chapter 777, Health and Safety
4-32 Code, as added by this Act.
4-33 SECTION 7. This Act takes effect September 1, 1993.
4-34 SECTION 8. The importance of this legislation and the
4-35 crowded condition of the calendars in both houses create an
4-36 emergency and an imperative public necessity that the
4-37 constitutional rule requiring bills to be read on three several
4-38 days in each house be suspended, and this rule is hereby suspended.
4-39 * * * * *
4-40 Austin,
4-41 Texas
4-42 May 7, 1993
4-43 Hon. Bob Bullock
4-44 President of the Senate
4-45 Sir:
4-46 We, your Committee on Health and Human Services to which was
4-47 referred S.B. No. 773, have had the same under consideration, and I
4-48 am instructed to report it back to the Senate with the
4-49 recommendation that it do not pass, but that the Committee
4-50 Substitute adopted in lieu thereof do pass and be printed.
4-51 Moncrief,
4-52 Acting Chair
4-53 * * * * *
4-54 WITNESSES
4-55 FOR AGAINST ON
4-56 ___________________________________________________________________
4-57 Name: Leticia Van de Putte x
4-58 Representing: Tx St Rep
4-59 City: San Antonio
4-60 -------------------------------------------------------------------
4-61 Name: Lisa Marshall x
4-62 Representing: Self
4-63 City: Taylor
4-64 -------------------------------------------------------------------
4-65 Name: Ron Harris x
4-66 Representing: Adv Comm St Emerg Communicati
4-67 City: McKinney
4-68 -------------------------------------------------------------------
4-69 FOR AGAINST ON
4-70 ___________________________________________________________________
5-1 Name: Mary A. Boyd x
5-2 Representing: Adv Comm St Emer Communicatio
5-3 City: Austin
5-4 -------------------------------------------------------------------
5-5 Name: Lena C. Day x
5-6 Representing: North Tx Poison Center
5-7 City: Dallas
5-8 -------------------------------------------------------------------
5-9 Name: John F. Haynes, Jr., MD x
5-10 Representing: El Paso Poison Control Center
5-11 City: El Paso
5-12 -------------------------------------------------------------------
5-13 Name: Wayne R. Snodgrass, MD x
5-14 Representing: UT Medical Branch
5-15 City: Galveston
5-16 -------------------------------------------------------------------
5-17 Name: Douglas Malcolm, MD x
5-18 Representing: Tx Chapter of College Emerge
5-19 City: Austin
5-20 -------------------------------------------------------------------
5-21 Name: Greg Hooser x
5-22 Representing: Tx College of Emergency Phy
5-23 City: Austin
5-24 -------------------------------------------------------------------
5-25 Name: Joe Paniagua x
5-26 Representing: City of Fort Worth
5-27 City: Fort Worth
5-28 -------------------------------------------------------------------
5-29 Name: David Marwitz x
5-30 Representing: Texas Hospital Asso
5-31 City: Austin
5-32 -------------------------------------------------------------------
5-33 Name: Jay Loretta Nelson x
5-34 Representing: Emergency Communications Prof
5-35 City: Aransas Pass
5-36 -------------------------------------------------------------------
5-37 Name: Lt. Clinton Bagwell x
5-38 Representing: Bee Co. Sheriff's Dept.
5-39 City: Beeville
5-40 -------------------------------------------------------------------
5-41 Name: Faye Thomas x
5-42 Representing: Tx Ambulance Asso
5-43 City: Dallas
5-44 -------------------------------------------------------------------