By: Deuell, Van de Putte S.B. No. 330
A BILL TO BE ENTITLED
AN ACT
relating to stroke treatment and the designation of certain
facilities as stroke facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 773.001, Health and Safety Code, is
amended to read as follows:
Sec. 773.001. SHORT TITLE. This chapter may be cited as the
Emergency Health Care [Medical Services] Act.
SECTION 2. Section 773.003, Health and Safety Code, is
amended by amending Subdivision (7) and adding Subdivision (15-a)
to read as follows:
(7) "Department" means the [Texas] Department of State
Health Services.
(15-a) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
SECTION 3. Chapter 773, Health and Safety Code, is amended
by adding Subchapter H to read as follows:
SUBCHAPTER H. EMERGENCY STROKE SERVICES
Sec. 773.201. LEGISLATIVE INTENT. The legislature finds
that a strong system for stroke survival is needed in the state's
communities in order to treat stroke victims in a timely manner and
to improve the overall treatment of stroke victims. Therefore, the
legislature intends to construct an emergency treatment system in
this state so that stroke victims may be quickly identified and
transported to and treated in appropriate stroke treatment
facilities.
Sec. 773.202. DEFINITIONS. In this subchapter:
(1) "Advisory council" means the advisory council
established under Section 773.012.
(2) "Stroke committee" means the committee appointed
under Section 773.203.
(3) "Stroke facility" means a health care facility
designated under this subchapter that is capable of primary or
comprehensive treatment of stroke victims and that is part of an
emergency medical services and trauma system.
Sec. 773.203. STROKE COMMITTEE. (a) The advisory council
shall appoint a stroke committee to assist the advisory council in
the development of a statewide stroke plan.
(b) The stroke committee must include the following
members:
(1) a licensed physician appointed from a list of
physicians eligible for accreditation from the Accreditation
Council for Graduate Medical Education, recommended by a statewide
organization of neurologists;
(2) a licensed interventional neuroradiologist
appointed from a list of neuroradiologists recommended by a
statewide organization of radiologists;
(3) a neurosurgeon with stroke expertise;
(4) a member of the Texas Council on Cardiovascular
Disease and Stroke who has expertise in stroke care;
(5) a licensed physician appointed from a list of
physicians recommended by a statewide organization of emergency
physicians;
(6) a neuroscience registered nurse with stroke
expertise; and
(7) a volunteer member of a nonprofit organization
specializing in stroke treatment, prevention, and education.
(c) Chapter 2110, Government Code, does not apply to the
stroke committee.
Sec. 773.204. DUTIES OF STROKE COMMITTEE; DEVELOPMENT OF
STROKE PLAN. (a) The advisory council, with the assistance of the
stroke committee and in collaboration with the Texas Council on
Cardiovascular Disease and Stroke, shall develop a statewide stroke
plan and assist the department in developing stroke facility
designation criteria.
(b) The stroke plan must include:
(1) training requirements on stroke recognition and
treatment, including emergency screening procedures;
(2) a list of appropriate early treatments to
stabilize patients;
(3) protocols for rapid transport to a designated
facility when rapid transport is appropriate; and
(4) plans for coordination with statewide agencies or
committees on programs for stroke prevention and community
education regarding stroke.
Sec. 773.205. STROKE FACILITY DESIGNATION. (a) The
department shall designate stroke facilities that are a part of an
emergency medical services and trauma care system in accordance
with rules adopted by the executive commissioner.
(b) A health care facility may apply to the department for
designation as a stroke facility, and the department shall grant
the designation if the facility meets the requirements for
designation.
(c) The executive commissioner shall adopt rules regarding
the criteria necessary for a health care facility to be designated a
stroke facility. In adopting the rules, the executive commissioner
shall consult the criteria for stroke facilities established by
national medical organizations such as the Joint Commission on
Accreditation of Healthcare Organizations.
(d) The department may not set an arbitrary limit on the
number of health care facilities designated as stroke facilities.
(e) The rules for designation must require a health care
facility to:
(1) have a health care professional available 24 hours
a day, seven days a week who is knowledgeable about stroke care and
capable of carrying out acute stroke therapy; and
(2) record patient treatment and outcomes.
Sec. 773.206. USE OF DESIGNATION. After September 1, 2007,
a health care facility may not use the term "stroke facility,"
"stroke hospital," or "stroke center" or similar terminology in its
signs or advertisements or in printed materials and information the
health care facility provides to the public unless the health care
facility has been designated a stroke facility in accordance with
this subchapter.
Sec. 773.207. FEES. (a) The department shall charge a fee
in accordance with this section to a health care facility that
applies for initial or renewal designation as a stroke facility.
(b) To the extent feasible, the department shall establish a
schedule of fees as necessary for the department to recover the cost
directly related to designation of stroke facilities under this
subchapter.
(c) The department shall determine the amount of the fee for
initial or renewal designation for a health care facility according
to the number of beds in the facility.
Sec. 773.208. DENIAL, SUSPENSION, OR REVOCATION OF
DESIGNATION. (a) The department may deny, suspend, or revoke a
health care facility's designation as a stroke facility if the
facility fails to comply with the rules adopted under this
subchapter.
(b) The denial, suspension, or revocation of a designation
by the department and the appeal from that action are governed by
the department's rules for a contested case hearing and by Chapter
2001, Government Code.
Sec. 773.209. GRANT PROGRAMS. (a) The department shall
establish programs to award grants to initiate, expand, maintain,
and improve stroke care in accordance with Subsections (b) and (c).
(b) The department by rule shall establish eligibility
criteria for awarding grants to rural health care facilities
located in counties with a population of less than 250,000. The
rules must require the grant recipient to use grant funds only to:
(1) hire medical personnel trained in acute stroke
care;
(2) purchase medical equipment related to the
diagnosis, treatment, or prevention of stroke; and
(3) facilitate training in stroke care.
(c) The department by rule shall establish eligibility
criteria for awarding grants to assist designated stroke facilities
to maintain the designation. The rules must require the grant
recipient to use grant funds only to:
(1) purchase supplies, equipment, or vehicles for
stroke diagnosis, treatment, or prevention;
(2) pay designated stroke facility operating
expenses;
(3) cover stroke education and training expenses;
(4) purchase communication systems used in emergency
medical services;
(5) promote public awareness of stroke warning signs,
emergency treatment, and prevention; or
(6) cover the costs of uncompensated care related to
stroke.
(d) The department by rule must require each recipient of a
grant under Subsection (c) to:
(1) engage in stroke awareness campaigns;
(2) create stroke education materials aimed at
low-income or minority populations at risk of stroke; and
(3) provide mentoring for health care facilities
seeking stroke facility designation.
(e) Money in the fund for emergency medical services, trauma
facilities, and trauma care systems established under Section
773.006 and money in the designated trauma facility and emergency
medical services account established under Chapter 780 may not be
used to fund the grant programs under this subchapter.
(f) The department may use funds appropriated for the grant
programs to pay for administrative expenses incurred in
implementing the grant programs as provided by the General
Appropriations Act.
(g) The department may only use funds for the grants
described in this section specifically appropriated by the
legislature for this purpose.
SECTION 4. Subsection (a), Section 411.110, Government
Code, is amended to read as follows:
(a) The [Texas] Department of State Health Services is
entitled to obtain from the department criminal history record
information maintained by the department that relates to a person
who is:
(1) an applicant for a license or certificate under
the Emergency Health Care [Medical Services] Act (Chapter 773,
Health and Safety Code);
(2) an owner or manager of an applicant for an
emergency medical services provider license under that Act; or
(3) the holder of a license or certificate under that
Act.
SECTION 5. (a) Not later than January 1, 2006, the
advisory council established under Section 773.012, Health and
Safety Code, shall establish a stroke committee as required by
Section 773.203, Health and Safety Code, as added by this Act.
(b) Not later than January 1, 2007, the advisory council
established under Section 773.012, Health and Safety Code, shall
develop a statewide stroke plan and assist the Department of State
Health Services in developing criteria for stroke facility
designation as required by Section 773.204, Health and Safety Code,
as added by this Act.
(c) Not later than January 1, 2007, the executive
commissioner of the Health and Human Services Commission shall
adopt rules governing the designation of stroke facilities as
required by Section 773.205, Health and Safety Code, as added by
this Act.
(d) A health care facility may apply for designation as a
stroke facility on or after January 2, 2007.
SECTION 6. This Act takes effect September 1, 2005.