By Van de Putte H.B. No. 728
75R3760 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision of Texas Poison Center Network Services
1-3 to other jurisdictions and entities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 777.001(b), Health and Safety Code, is
1-6 amended to read as follows:
1-7 (b) The poison control centers shall coordinate poison
1-8 control activities within the designated health and human services
1-9 regions for the state. The Texas Department of Health and the
1-10 Advisory Commission on State Emergency Communications shall jointly
1-11 adopt rules designating the region for each poison control center.
1-12 The Texas Department of Health and the Advisory Commission on State
1-13 Emergency Communications may jointly adopt rules permitting
1-14 poison control centers to provide services for regions served by
1-15 other poison control centers in this state as necessary to
1-16 maximize efficient use of resources and provide appropriate
1-17 services in each region.
1-18 SECTION 2. Sections 777.002(b) and (c), Health and Safety
1-19 Code, are amended to read as follows:
1-20 (b) Each public safety answering point, as that term is
1-21 defined by Section 771.001, shall have direct telephone access to
1-22 at least one poison control center. Regional poison information
1-23 services may be available directly from the center for the region
1-24 or from another poison control center but shall be available
2-1 through all 9-1-1 services in the region, as the term "9-1-1
2-2 service" is defined by Section 771.001. The 9-1-1 service calls
2-3 pertaining to poisonings may be routed to a [central] poison
2-4 control answering site [within the region], if possible, if the
2-5 routing does not adversely affect the immediate availability of
2-6 poisoning management services.
2-7 (c) A poison control center shall ensure that poison control
2-8 activities within the designated region meet the criteria
2-9 established by the American Association of Poison Control Centers.
2-10 A center may meet the criteria directly or may affiliate with other
2-11 poison control centers or poison treatment facilities, [within the
2-12 region] if possible. A center shall ensure that treatment
2-13 facilities and services are available within the region and shall
2-14 identify and make available to the public and to appropriate health
2-15 professionals information concerning analytical toxicology,
2-16 emergency and critical care, and extracorporeal capabilities within
2-17 the region.
2-18 SECTION 3. Chapter 777, Health and Safety Code, is amended
2-19 by adding Sections 777.010 and 777.011 to read as follows:
2-20 Sec. 777.010. OUT-OF-REGION SERVICES; SERVICES FOR PRIVATE
2-21 ENTITIES. (a) The Texas Department of Health and the Advisory
2-22 Commission on State Emergency Communications may jointly enter into
2-23 a contract for the provision of telephone referral and information
2-24 services or any program or service described by Section 777.003 to
2-25 any person, including:
2-26 (1) another state or a political subdivision of
2-27 another state; and
3-1 (2) another country or a political subdivision of
3-2 another country.
3-3 (b) The Texas Department of Health and the Advisory
3-4 Commission on State Emergency Communications shall contract with
3-5 one or more regional poison control centers to provide the services
3-6 required under a contract entered into under Subsection (a). The
3-7 department and the commission may not enter into a contract under
3-8 this subsection if, in the opinion of the department and the
3-9 commission, the regional poison control center's performance of the
3-10 contract would result in a diminishment in the services provided in
3-11 the region.
3-12 (c) A contract described by Subsection (a) must recover the
3-13 cost of providing the services and may include a reasonable
3-14 additional amount to support poison control center services in this
3-15 state. Revenue from a contract described by Subsection (a) must be
3-16 deposited to the credit of the regional poison control services
3-17 account.
3-18 Sec. 777.011. REGIONAL POISON CONTROL SERVICES ACCOUNT. The
3-19 regional poison control services account is an account in the
3-20 general revenue fund. The account is composed of money deposited
3-21 to the account under Section 777.010(c). Money in the account may
3-22 be appropriated only to the Texas Department of Health and the
3-23 Advisory Commission on State Emergency Communications:
3-24 (1) for administration of and payment for contracts
3-25 entered into under Section 777.010(b); and
3-26 (2) to fund grants awarded under Section 777.009.
3-27 SECTION 4. (a) The Texas Department of Health and the
4-1 Advisory Commission on State Emergency Communications shall conduct
4-2 a study to determine what opportunities may exist to enter into
4-3 contracts to provide poison control services under Section
4-4 777.010(a), Health and Safety Code, as added by this Act. The
4-5 study must consider:
4-6 (1) the use of the telecommunications network
4-7 available to the Texas regional poison control centers;
4-8 (2) the use of interactive computer technology to
4-9 distribute medical information and toxicological advice; and
4-10 (3) the potential for providing services to other
4-11 states, other countries, or private entities, and the potential for
4-12 recovering the full cost of the services provided.
4-13 (b) The study required by this section must be completed not
4-14 later than September 1, 1998.
4-15 (c) If the Texas Department of Health and the Advisory
4-16 Commission on State Emergency Communications find that appropriate
4-17 opportunities exist for entering into contracts under Section
4-18 777.010(a), Health and Safety Code, as added by this Act, the
4-19 department and the commission shall take the steps necessary to
4-20 obtain the contracts.
4-21 (d) Not later than January 15, 1999, the Texas Department of
4-22 Health and the Advisory Commission on State Emergency
4-23 Communications shall report to the legislature with respect to
4-24 implementation of this section.
4-25 SECTION 5. The importance of this legislation and the
4-26 crowded condition of the calendars in both houses create an
4-27 emergency and an imperative public necessity that the
5-1 constitutional rule requiring bills to be read on three several
5-2 days in each house be suspended, and this rule is hereby suspended,
5-3 and that this Act take effect and be in force from and after its
5-4 passage, and it is so enacted.