1-1           By:  Whitmire                                    S.B. No. 388

 1-2           (In the Senate - Filed January 30, 1997; February 3, 1997,

 1-3     read first time and referred to Committee on Health and Human

 1-4     Services; February 19, 1997, reported favorably by the following

 1-5     vote:  Yeas 10, Nays 0; February 19, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the provision of Texas Poison Control Center Network

 1-9     services to other jurisdictions and entities.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Subsection (b), Section 777.001, Health and

1-12     Safety Code, is amended to read as follows:

1-13           (b)  The poison control centers shall coordinate poison

1-14     control activities within the designated health and human services

1-15     regions for the state.  The Texas Department of Health and the

1-16     Advisory Commission on State Emergency Communications shall jointly

1-17     adopt rules designating the region for each poison control center.

1-18     The Texas Department of Health and the Advisory Commission on State

1-19     Emergency Communications may  jointly adopt rules permitting poison

1-20     control centers to provide services for regions served by other

1-21     poison control centers in this state as necessary to maximize

1-22     efficient use of resources and provide appropriate services in each

1-23     region.

1-24           SECTION 2.  Subsections (b) and (c), Section 777.002, Health

1-25     and Safety Code, are amended to read as follows:

1-26           (b)  Each public safety answering point, as that term is

1-27     defined by Section 771.001, shall have direct telephone access to

1-28     at least one poison control center.  Regional poison information

1-29     services may be available directly from the center for the region

1-30     or from another poison control center but shall be available

1-31     through all 9-1-1 services in the region, as the term "9-1-1

1-32     service" is defined by Section 771.001.  The 9-1-1 service calls

1-33     pertaining to poisonings may be routed to a [central] poison

1-34     control answering site [within the region], if possible, if the

1-35     routing does not adversely affect the immediate availability of

1-36     poisoning management services.

1-37           (c)  A poison control center shall ensure that poison control

1-38     activities within the designated region meet the criteria

1-39     established by the American Association of Poison Control Centers.

1-40     A center may meet the criteria directly or may affiliate with other

1-41     poison control centers or poison treatment facilities, [within the

1-42     region] if possible.  A center shall ensure that treatment

1-43     facilities and services are available within the region and shall

1-44     identify and make available to the public and to appropriate health

1-45     professionals information concerning analytical toxicology,

1-46     emergency and critical care, and extracorporeal capabilities within

1-47     the region.

1-48           SECTION 3.  Chapter 777, Health and Safety Code, is amended

1-49     by adding Sections 777.010 and 777.011 to read as follows:

1-50           Sec. 777.010.  OUT-OF-REGION SERVICES; SERVICES FOR PRIVATE

1-51     ENTITIES. (a)  The Texas Department of Health and the Advisory

1-52     Commission on State Emergency Communications may jointly enter into

1-53     a contract for the provision of telephone referral and information

1-54     services or any program or service described by Section 777.003 to

1-55     any person, including:

1-56                 (1)  another state or a political subdivision of

1-57     another state; and

1-58                 (2)  another country or a political subdivision of

1-59     another country.

1-60           (b)  The Texas Department of Health and the Advisory

1-61     Commission on State Emergency Communications shall contract with

1-62     one or more regional poison control centers to provide the services

1-63     required under a contract entered into under Subsection (a).  The

1-64     department and the commission may not enter into a contract under

 2-1     this subsection if, in the opinion of the department and the

 2-2     commission, the regional poison control center's performance of the

 2-3     contract would result in a diminishment in the services provided in

 2-4     the region.

 2-5           (c)  A contract described by Subsection (a) must recover the

 2-6     cost of providing the services and may include a reasonable

 2-7     additional amount to support poison control center services in this

 2-8     state.  Revenue from a contract described by Subsection (a) must be

 2-9     deposited to the credit of the regional poison control services

2-10     account.

2-11           Sec. 777.011.  REGIONAL POISON CONTROL SERVICES ACCOUNT.  The

2-12     regional poison control services account is an account in the

2-13     general revenue fund.  The account is composed of money deposited

2-14     to the account under Section 777.010(c).  Money in the account may

2-15     be appropriated only to the Texas Department of Health and the

2-16     Advisory Commission on State Emergency Communications:

2-17                 (1)  for administration of and payment for contracts

2-18     entered into under Section 777.010(b); and

2-19                 (2)  to fund grants awarded under Section 777.009.

2-20           SECTION 4.  (a)  The Texas Department of Health and the

2-21     Advisory Commission on State Emergency Communications shall conduct

2-22     a study to determine what opportunities may exist to enter into

2-23     contracts to provide poison control services under Subsection (a),

2-24     Section 777.010, Health and Safety Code, as added by this Act.  The

2-25     study must consider:

2-26                 (1)  the use of the telecommunications network

2-27     available to the Texas regional poison control centers;

2-28                 (2)  the use of interactive computer technology to

2-29     distribute medical information and toxicological advice; and

2-30                 (3)  the potential for providing services to other

2-31     states, other countries, or private entities and the potential for

2-32     recovering the full cost of the services provided.

2-33           (b)  The study required by this section must be completed not

2-34     later than September 1, 1998.

2-35           (c)  If the Texas Department of Health and the Advisory

2-36     Commission on State Emergency Communications find that appropriate

2-37     opportunities exist for entering into contracts under Subsection

2-38     (a), Section 777.010, Health and Safety Code, as added by this Act,

2-39     the department and the commission shall take the steps necessary to

2-40     obtain the contracts.

2-41           (d)  Not later than January 15, 1999, the Texas Department of

2-42     Health and the Advisory Commission on State Emergency

2-43     Communications shall report to the legislature with respect to

2-44     implementation of this section.

2-45           SECTION 5.  The importance of this legislation and the

2-46     crowded condition of the calendars in both houses create an

2-47     emergency and an imperative public necessity that the

2-48     constitutional rule requiring bills to be read on three several

2-49     days in each house be suspended, and this rule is hereby suspended,

2-50     and that this Act take effect and be in force from and after its

2-51     passage, and it is so enacted.

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