LSL S.B. 388 75(R)    BILL ANALYSIS


PUBLIC HEALTH
S.B. 388
By: Whitmire (Van de Putte)
3-5-97
Committee Report (Unamended)


BACKGROUND 

A recent survey of phone calls to the six poison control centers in Texas
showed that a disproportionate number are handled by staff in Dallas or
Galveston. These centers are plagued by budget shortfalls and increased
operating costs. According to Office of the Comptroller's recommendations,
sharing resources and services through contractual agreements between the
centers in each region would provide a means to both maximize resources
and reduce costs of providing services. 

PURPOSE

S.B. 388 permits poison control centers to service other regions that have
centers in order to maximize resources and to provide appropriate services
in each region. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill expressly grants additional
rulemaking authority to the Texas Department of Health (TDH) and the
Advisory Commission on State Emergency Communications (ACSEC) in Section 1
(amending Section 777.001(b), Health and Safety Code).  

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 777.001(b), Health and Safety Code, by allowing
TDH and ACSEC to jointly adopt rules permitting poison control centers to
provide services for regions served by other poison control centers as
necessary to maximize resource efficiency and appropriate services in each
region. 

SECTION 2. Amends Section 777.002(b) and (c), Health and Safety Code, to
allow poison information services to be directly available from a regional
center or from another poison control center. Allows routing of 9-1-1
service calls to a poison control answering sites outside of a region.
Makes conforming changes. 

SECTION 3. Amends Chapter 777, Health and Safety Code, by adding Sections
777.010 and 777.011, as follows: 

Sec. 777.010. OUT-OF-REGION SERVICES; SERVICES FOR PRIVATE ENTITIES.

Subsection (a) allows TDH and ACSEC to jointly enter into contract for the
provision of telephone referral and information services or any program or
service described by Section 777.003 to any person, state, country, or
political subdivision of another state or country.  

Subsection (b) requires TDH and ACSEC to contract with one or more
regional centers to provide the services required under Subsection (a),
and prohibits a contract that would result in diminished services to the
region.  

Subsection (c) requires a contract described under Subsection (a) to
recover costs for services provided and allows for inclusion of an
additional amount to support  poison control services in this state.
Requires that revenue from such contract be deposited into the regional
poison control services account.  

Sec. 777.011. REGIONAL POISON CONTROL SERVICES ACCOUNT. Establishes that
the regional poison control services account is in the general revenue
fund and composed of deposits under Section 777.010(c). Requires that
money in the account be appropriated only to TDH and ACSEC for
administration and payment of Section 777.010(b) contracts and Section
777.009 grant awards. 

SECTION 4.  Subsection (a) requires that TDH and ACSEC conduct a study to
determine possible contract opportunities to provide poison control
services as set forth in Sec. 777.010(a). Requires that considerations of
this study include the use of the available telecommunication network; the
use of interactive computer technology to distribute medical information
and toxicological advice; and the potential for providing outside services
and recovering the costs of those services. 

Subsection (b) requires that the study be completed by September 1, 1998. 

Subsection (c) requires TDH and ACSEC to take steps necessary to obtain
contracts if they find that appropriate opportunities exist for entering
into such contracts.  

Subsection (d) requires TDH and ACSEC to report to the legislature
regarding implementation of this section by January 15, 1999. 

SECTION 5. Emergency clause. Establishes that this Act would take effect
upon passage.