80R1744 MSE-D

By: Nelson S.B. No. 41

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. 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.