80R7560 MCK-D

By: Davis of Harris H.B. No. 2854

A BILL TO BE ENTITLED

AN ACT

relating to creating the Texas Patient Safety and Public Health Council and providing information to patients about high-risk personal lifestyle conduct.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 74.001, Civil Practice and Remedies Code, is amended by adding Subdivision (13-a) to read as follows:

(13-a) "High-risk personal lifestyle conduct" means voluntary personal conduct that is generally known to expose the individual patient or segments of the public to a substantial risk of serious illness, injury, or death or to significantly reduce the patient's life expectancy, including:

(A) smoking or consuming a tobacco product;

(B) morbid obesity;

(C) unprotected sexual activity;

(D) excessive exercise or extreme athletic activity; or

(E) other conduct identified by the disclosure panel.

SECTION 2. Section 74.103, Civil Practice and Remedies Code, is amended by adding Subsection (e) to read as follows:

(e) The panel shall identify and make a thorough examination of all high-risk personal lifestyle conduct that requires disclosure of the risks and hazards to the patient or person authorized to consent for the patient.

SECTION 3. Chapter 74, Civil Practice and Remedies Code, is amended by adding Section 74.108 to read as follows:

Sec. 74.108. HIGH-RISK PERSONAL LIFESTYLE CONDUCT MATERIALS. (a) The disclosure panel shall develop and prepare written materials to inform a patient or a person authorized to consent for a patient of the risks and hazards of high-risk personal lifestyle conduct identified by the physician.

(b) The materials must be available in English, Spanish, and any other language the panel considers appropriate. The information must be presented in a manner understandable to a layperson.

(c) The materials must include:

(1) the name of the person providing and explaining the materials;

(2) a statement that the patient or person authorized to consent for the patient understands that the patient's continuing to engage in high-risk personal lifestyle conduct exposes the patient to a significant risk or hazard of serious illness, injury, or death or a significant reduction in the patient's life expectancy;

(3) a statement that the patient has the right to seek a consultation from a second physician;

(4) a description of the risks and hazards involved in the high-risk personal lifestyle conduct; and

(5) a written statement to be signed by the patient or person authorized to consent for the patient indicating that the materials have been provided and explained to the patient or person authorized to consent for the patient and that the patient or person authorized to consent for the patient understands the nature and consequences of the patient's continuing to engage in the high-risk personal lifestyle conduct.

(d) The physician or health care provider shall include the signed written statement in the patient's medical record.

(e) The disclosure panel may not prescribe materials under this section without first consulting with the Texas Medical Board.

SECTION 4. Subtitle E, Title 2, Health and Safety Code, is amended by adding Chapter 115 to read as follows: CHAPTER 115. TEXAS PATIENT SAFETY AND PUBLIC HEALTH COUNCIL

Sec. 115.001. DEFINITIONS. In this chapter:

(1) "Council" means the Texas Patient Safety and Public Health Council.

(2) "High-risk personal lifestyle conduct" has the meaning assigned by Section 74.001, Civil Practice and Remedies Code.

Sec. 115.002. COMPOSITION OF COUNCIL. (a) The Texas Patient Safety and Public Health Council is composed of 11 public members and one representative each from the Department of State Health Services, the Texas Medical Board, the Texas Cancer Council, the Texas Diabetes Council, the Advisory Council on Physical Fitness of the governor's office, and the Board of Nurse Examiners.

(b) The governor, with the advice and consent of the senate, shall appoint the following public members:

(1) a licensed physician with a specialization in public health;

(2) a licensed physician with a specialization in communicable disease;

(3) a registered nurse with a specialization in public health;

(4) a person with experience and training in public health policy;

(5) three consumer members; and

(6) four members from the general public with expertise or demonstrated commitment to patient safety or public health issues.

(c) The executive head of each agency listed in Subsection (a) shall appoint that agency's representative. Agency representatives are nonvoting members of the council.

(d) The members of the council must represent the geographic and cultural diversity of the state. Appointments to the council shall be made without regard to the race, color, disability, creed, sex, religion, age, or national origin of the appointees.

Sec. 115.003. TRAINING. (a) A person who is appointed to and qualifies for office as a member of the council may not vote, deliberate, or be counted as a member in attendance at a meeting of the council until the person completes a training program that complies with this section.

(b) The training program must provide the person with information regarding:

(1) the legislation that created the council;

(2) the programs operated by the council;

(3) the role and functions of the council;

(4) the rules of the council;

(5) the current budget for the council;

(6) the results of the most recent formal audit of the council;

(7) the requirements of:

(A) the open meetings law, Chapter 551, Government Code;

(B) the public information law, Chapter 552, Government Code;

(C) the administrative procedure law, Chapter 2001, Government Code; and

(D) other laws relating to public officials, including conflict of interest laws; and

(8) any applicable ethics policies adopted by the council or the Texas Ethics Commission.

(c) A person appointed to the council is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.

Sec. 115.004. INFORMATION ABOUT STANDARDS OF CONDUCT. The commissioner of state health services or the commissioner's designee shall provide to members of the council, as often as necessary, information regarding the requirements for office under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers.

Sec. 115.005. RESTRICTIONS ON COUNCIL APPOINTMENT AND MEMBERSHIP. (a) A person is not eligible for appointment or service as a public member if the person or the person's spouse:

(1) is employed by or participates in the management of a business entity or other organization receiving funds at the council's direction;

(2) owns or controls directly or indirectly more than a 10 percent interest in a business entity or other organization receiving funds at the council's direction; or

(3) uses or receives a substantial amount of tangible goods, services, or funds from the department at the council's direction, other than compensation or reimbursement authorized by law for council membership, attendance, or expenses.

(b) A person who is required to register as a lobbyist under Chapter 305, Government Code, may not serve as a member of the council.

(c) An officer, employee, or paid consultant of a trade association in the field of health care may not be a member of the council. A person who is the spouse of an officer, employee, or paid consultant of a trade association in the field of health care may not be a member of the council.

(d) For purposes of Subsection (c), a trade association is a nonprofit, cooperative, and voluntary association of business or professional competitors designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interests.

Sec. 115.006. TERMS. (a) Council members appointed by the governor serve for staggered six-year terms, with the terms of three or five members expiring February 1 of each odd-numbered year.

(b) A council member appointed as a representative of an agency serves at the will of the appointing agency.

Sec. 115.007. PRESIDING OFFICER. The governor shall designate a member of the council as the presiding officer of the council to serve in that capacity at the will of the governor.

Sec. 115.008. REMOVAL OF COUNCIL MEMBER. (a) It is a ground for removal from the council if a member:

(1) is not eligible for appointment to the council at the time of appointment as provided by Section 115.005(a);

(2) is not eligible to serve on the council as provided by Section 115.005(a);

(3) violates a prohibition established by Section 115.005(b) or (c);

(4) cannot discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability; or

(5) is absent from more than half of the regularly scheduled council meetings that the member is eligible to attend during each calendar year unless the absence is excused by majority vote of the council.

(b) The validity of an action of the council is not affected by the fact that it is taken when a ground for removal of a member of the council exists.

(c) If the presiding officer of the council has knowledge that a potential ground for removal exists, the presiding officer shall notify the governor of its existence.

(d) The council shall inform its members as often as necessary of:

(1) the qualifications for office prescribed by this chapter; and

(2) their responsibilities under applicable laws relating to standards of conduct for state officers or employees.

Sec. 115.009. VACANCY. (a) The office of a member appointed by an agency becomes vacant when the person terminates employment with the agency or when the agency elects to replace the person as provided by Section 115.006.

(b) If the office of a member who is an agency representative becomes vacant, the executive head of that agency shall appoint a replacement agency representative.

Sec. 115.010. COMPENSATION; REIMBURSEMENT. A member of the council is not entitled to compensation, but is entitled to reimbursement for actual and necessary expenses incurred in attending meetings or performing other official council duties authorized by the presiding officer as provided by the General Appropriations Act.

Sec. 115.011. STAFF SUPPORT. Each agency represented on the council shall provide the council with periodic staff support of specialists as needed and may provide staff support to an advisory committee.

Sec. 115.012. DIVISION OF POLICY AND MANAGEMENT RESPONSIBILITIES. The council shall develop and implement policies that clearly separate the policymaking responsibilities of the council and the responsibilities of the staff provided to the council under Section 115.011.

Sec. 115.013. ADVISORY COMMITTEES. (a) The council may establish advisory committees the council considers necessary and may determine the appropriate membership for each committee.

(b) The council shall specify the purpose and duties of each advisory committee and shall specify any product the committee is required to develop.

(c) Members of an advisory committee serve at the will of the council. The council may dissolve an advisory committee when necessary.

Sec. 115.014. MEETINGS. (a) The council shall meet at least quarterly and shall adopt rules for the conduct of its meetings.

(b) Any action taken by the council must be approved by a majority of the voting members present.

Sec. 115.015. POWERS AND DUTIES. (a) The council shall address contemporary issues relating to high-risk personal lifestyle conduct, including:

(1) identifying high-risk personal lifestyle conduct and establishing priorities for efforts to address the potential consequences of such conduct;

(2) recommending to the Texas Medical Disclosure Panel high-risk personal lifestyle conduct that should be the subject of disclosure by health care professionals under Chapter 74, Civil Practice and Remedies Code;

(3) educating health care professionals, the public, and individual patients regarding high-risk personal lifestyle conduct and its potential consequences;

(4) developing successful education strategies;

(5) preparing continuing education courses for public health personnel and health care professionals;

(6) analyzing state expenditures for high-risk personal lifestyle conduct; and

(7) increasing public awareness of high-risk personal lifestyle conduct.

(b) The council shall advise the legislature on legislation that is needed to develop further and maintain efforts to mitigate or eliminate the risks, hazards, and consequences of high-risk personal lifestyle conduct. The council may develop and submit legislation to the legislature or comment on pending legislation that affects persons who engage in such conduct.

(c) The council may:

(1) design or adapt and publish a handbook in English and Spanish relating to the risks and hazards of high-risk personal lifestyle conduct;

(2) develop and maintain a library of data regarding high-risk personal lifestyle conduct and evidence-based medical and patient safety practices intended to mitigate or eliminate the risks and hazards of such conduct; and

(3) study the standards and structure of pilot programs to provide professional, public, and patient education and training in this state regarding high-risk personal lifestyle conduct and its consequences.

(d) The council may engage in studies that it determines are necessary or suitable as provided by this chapter.

Sec. 115.016. GIFTS AND GRANTS. The council may accept gifts and grants from any public or private source to perform its duties under this chapter.

Sec. 115.017. PUBLIC INFORMATION AND PARTICIPATION. (a) The council shall prepare information of public interest describing the functions of the council and describing council procedures by which the interests or concerns of members of the public may be brought to the attention of the council. The council shall make the information available to the general public and appropriate state agencies.

(b) The council shall develop and implement policies that provide the public with a reasonable opportunity to appear before the council and to speak on any issue under the jurisdiction of the council.

Sec. 115.018. PUBLIC AWARENESS AND TRAINING. (a) The council shall develop, produce, and implement a general public awareness strategy focusing on high-risk personal lifestyle conduct and information and techniques for mitigating or eliminating the risks and hazards of such conduct.

(b) The strategy developed under Subsection (a) must include a plan under which the council provides public awareness information through businesses, civic organizations, and similar entities.

Sec. 115.019. ANNUAL REPORTS. The council shall file annually with the governor and the presiding officer of each house of the legislature a complete and detailed written report accounting for all funds received and disbursed by or for the council during the preceding fiscal year. The form of the annual report and the reporting time are as provided by the General Appropriations Act.

SECTION 5. 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, 2007.