By: Duncan S.B. No. 1138

A BILL TO BE ENTITLED

AN ACT

relating to regional poison control centers.

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

SECTION 1. Section 777.001, Health and Safety Code, is amended to read as follows:

Sec. 777.001. REGIONAL POISON CONTROL CENTERS. (a) Six regional centers for poison control are designated as the regional poison control centers for the state as follows:

(1) The University of Texas Medical Branch at Galveston;

(2) the Dallas County Hospital District/North Texas Poison Center;

(3) The University of Texas Health Science Center at San Antonio;

(4) R. E. Thomason General Hospital, El Paso County Hospital District;

(5) [Northwest] Texas Tech University Health Sciences Center [Hospital, Amarillo Hospital District]; and

(6) Scott and White Memorial Hospital, Temple, Texas.

(b) The poison control centers shall coordinate poison control activities within the designated health and human services regions for the state. The [Texas] Department of State Health Services and the [Advisory] Commission on State Emergency Communications shall jointly adopt rules designating the region for each poison control center. The [Texas] Department of State Health Services and the [Advisory] Commission on State Emergency Communications may jointly adopt rules permitting poison control centers to provide services for regions served by other poison control centers in this state as necessary to maximize efficient use of resources and provide appropriate services in each region.

(c) The executive commissioner of the [Texas Board of] Health and Human Services Commission may [vote to] designate a seventh regional or satellite poison control center in Harris County. That poison control center is subject to all provisions of this chapter and other law relating to regional poison control centers.

SECTION 2. Section 777.006, Health and Safety Code, is amended to read as follows:

Sec. 777.006. INFORMATION AT BIRTH. The [Texas] Department of State Health Services shall assist the regional poison control centers in providing informational packets on poison prevention to parents of newborns.

SECTION 3. Sections 777.008 and 777.009, Health and Safety Code, are amended to read as follows:

Sec. 777.008. COORDINATING COMMITTEE. (a) The coordinating committee on poison control shall advise the Department [Texas Board] of State Health Services and the [Advisory] Commission on State Emergency Communications.

(b) The committee is composed of one public member appointed by the executive commissioner [Texas Board] of the Health and Human Services Commission, one public member appointed by the [Advisory] Commission on State Emergency Communications, and eight [13] members appointed by the chief executive officer of each of the following entities:

(1) The University of Texas Medical Branch at Galveston;

(2) the Dallas County Hospital District/North Texas Poison Center;

(3) The University of Texas Health Science Center at San Antonio;

(4) R. E. Thomason General Hospital, El Paso County Hospital District;

(5) [Northwest Texas Hospital, Amarillo Hospital District;

[(6)] Scott and White Memorial Hospital, Temple, Texas;

(6) [(7) The University of Texas Southwestern Medical Center at Dallas;

[(8) The Texas A&M University Health Science Center;

[(9)] the Texas Tech University Health Sciences Center;

(7) [(10) the Texas Veterinary Medical Diagnostic Laboratory;

[(11) the Department of Agriculture;

[(12)] the [Texas] Department of State Health Services; and

(8) [(13)] the [Advisory] Commission on State Emergency Communications.

Sec. 777.009. FUNDING. (a) The [Texas] Department of State Health Services and the [Advisory] Commission on State Emergency Communications shall establish a program to award grants to fund the regional poison control centers.

(b) The executive commissioner of the Health and Human Services Commission on behalf of the Department [Texas Board] of State Health Services and the [Advisory] Commission on State Emergency Communications shall jointly adopt rules to establish criteria for awarding the grants. The rules must require the agencies to consider:

(1) the need of the region based on population served for poison control services and the extent to which the grant would meet the identified need;

(2) the assurance of providing quality services;

(3) the availability of other funding sources;

(4) achieving or maintaining certification as a poison control center with the American Association of Poison Control Centers;

(5) maintenance of effort; and

(6) the development or existence of telecommunications systems.

(c) The [Texas] Department of State Health Services and the [Advisory] Commission on State Emergency Communications may approve grants according to the [their] jointly adopted rules. A grant awarded under this section is governed by Chapter 783, Government Code, and the rules adopted under that chapter.

(d) The [Texas] Department of State Health Services and the [Advisory] Commission on State Emergency Communications may accept gifts or grants from any source for purposes of this chapter.

SECTION 4. Subsections (a) and (b), Section 777.010, Health and Safety Code, are amended to read as follows:

(a) On approval by and in coordination with the governor, the [Texas] Department of State Health Services and the [Advisory] Commission on State Emergency Communications may jointly enter into a contract for the provision of telephone referral and information services or any program or service described by Section 777.003 to any person, including:

(1) another state or a political subdivision of another state; and

(2) another country or a political subdivision of another country.

(b) The [Texas] Department of State Health Services and the [Advisory] Commission on State Emergency Communications shall contract with one or more regional poison control centers to provide the services required under a contract entered into under Subsection (a). The department and the commission may not enter into a contract under this subsection if, in the opinion of the department and the commission, the regional poison control center's performance of the contract would result in a diminishment in the services provided in the region.

SECTION 5. Section 777.011, Health and Safety Code, is repealed.

SECTION 6. This Act takes effect September 1, 2009.