79S31111 MSE-D

By:  Nelson                                                       S.B. No. 36 



A BILL TO BE ENTITLED

AN ACT

relating to the disaster-related responsibilities of certain state 
agencies in health care.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 418, Government Code, is 
amended by adding Section 418.049 to read as follows:
	Sec. 418.049.  TRACKING SYSTEM.  (a)  The division shall 
develop and adopt a statewide emergency management tracking system 
to assist agencies in the coordination of emergency evacuations.
	(b)  A system adopted under this section must:                          
		(1)  permit emergency management agencies of this state 
and political subdivisions of this state to post and view 
information;
		(2)  permit patient tracking during an emergency 
evacuation;         
		(3)  include pertinent data on evacuees, including:                    
			(A)  whether an evacuee is a known criminal or sex 
offender;        
			(B)  whether an evacuee has any injuries or 
medical conditions; and 
			(C)  the number of evacuees an emergency 
evacuation shelter or other facility should expect to receive, as 
well as an expected time of arrival; and
		(4)  maintain updated information on emergency 
evacuation shelters and other facilities, including:
			(A)  the capability of a shelter or facility to 
provide appropriate services to certain evacuees, such as the 
elderly, the disabled, or other evacuees with special needs; and
			(B)  the number of openings available at the 
shelter or facility.   
	(c)  The division shall integrate emergency management 
tracking systems maintained by political subdivisions of this state 
with the system developed by the division under this section.  A 
political subdivision that maintains such a tracking system shall 
cooperate with the division as necessary to comply with this 
subsection.
	SECTION 2.  Subtitle B, Title 9, Health and Safety Code, is 
amended by adding Chapter 782 to read as follows:

CHAPTER 782.  HEALTH CARE DISASTER PREPAREDNESS

SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 782.001.  DEFINITIONS.  In this chapter:                           
		(1)  "Department" means the Department of State Health 
Services.     
		(2)  "Disaster" has the meaning assigned by Section 
418.004, Government Code.
	Sec. 782.002.  RULES.  The executive commissioner of the 
Health and Human Services Commission may adopt rules necessary to 
implement this chapter.

[Sections 782.003-782.050 reserved for expansion]

SUBCHAPTER B.  DISASTER PREPAREDNESS
	Sec. 782.051.  PATIENT EVACUATION STANDARDS.  (a)  The 
department shall develop standards for the transfer of pertinent 
medical information of a patient who has been admitted to a facility 
or is homebound and who is evacuating because of a disaster.
	(b)  Standards developed under this section must address a 
variety of facilities that admit patients, including hospitals, 
nursing homes, group homes, and mental health facilities.
	Sec. 782.052.  CONTINUITY OF OPERATIONS PLANS.  (a)  The 
department, in cooperation with the division of emergency 
management in the office of the governor, shall develop continuity 
of operations plans to address essential department functions in 
the event of a disaster, including:
		(1)  delegation of authority within the department;                    
		(2)  orders of succession within the department; and                   
		(3)  designation of alternate department facilities.                   
	(b)  The department shall ensure that a continuity of 
operations plan developed under this section is adequately tested 
and shall conduct training and other exercises in the 
implementation of the plan.
	Sec. 782.053.  VOLUNTEER PLACEMENT.  The department, in 
conjunction with stakeholders and organizations that possess 
volunteer lists, shall develop a method for placing volunteer 
licensed health care professionals with appropriate service 
providers to address health care needs in the event of a disaster.
	Sec. 782.054.  RESOURCE PLACEMENT.  (a)  The department, in 
conjunction with stakeholders, shall develop a protocol for the 
distribution of health care resources, including locally held 
assets, in the event of a disaster.
	(b)  In preparing for a disaster, the department shall 
evaluate the cost and benefit of pre-positioning medical supplies 
and other items geographically throughout the state.
	Sec. 782.055.  EVACUATION OF SPECIAL NEEDS POPULATION.  The 
department shall, in conjunction with stakeholders, develop 
protocols to be implemented to facilitate the emergency evacuation 
of individuals with special needs.
	SECTION 3.  (a)  Not later than March 1, 2007, the division 
of emergency management in the office of the governor shall 
implement the tracking system required by Section 418.049, 
Government Code, as added by this Act.
	(b)  Not later than March 1, 2007, the Department of State 
Health Services shall develop the disaster preparedness plans and 
protocols required by Chapter 782, Health and Safety Code, as added 
by this Act.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2006.