82R3349 SJM-D

By: Harper-Brown H.B. No. 1015

A BILL TO BE ENTITLED

AN ACT

relating to the consolidation of the regional poison control centers into the Texas Poison Control Center.

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

SECTION 1. The heading to Chapter 777, Health and Safety Code, is amended to read as follows:

CHAPTER 777. TEXAS [REGIONAL] POISON CONTROL CENTER [CENTERS]

SECTION 2. Sections 777.001 through 777.008, Health and Safety Code, are amended to read as follows:

Sec. 777.001. TEXAS [REGIONAL] POISON CONTROL CENTER [CENTERS]. (a) In this chapter:

(1) "Center" means the Texas Poison Control Center established under Subsection (b).

(2) "Coordinating committee" means the coordinating committee on poison control established under Section 777.008.

(b) The Texas Poison Control Center is established. The coordinating committee shall determine a geographical location in this state for the center and may designate one or more medical facilities in this state to be affiliated with the center.

(c) [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) the University Medical Center of El Paso, El Paso County Hospital District;

[(5) the Texas Tech University Health Sciences Center at Amarillo; and

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

[(b)] The center [poison control centers] shall coordinate poison control activities in this [within the designated health and human services regions for the] state. [The Commission on State Emergency Communications shall adopt rules designating the region for each poison control center.] The Commission on State Emergency Communications may adopt rules permitting the center [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 throughout this state [in each region].

[(c) The Commission on State Emergency Communications 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.]

Sec. 777.002. TELEPHONE SERVICES. (a) The [A poison control] center [established by this chapter] shall provide a 24-hour toll-free telephone referral and information service for the public and health care professionals according to the requirements of the American Association of Poison Control Centers.

(b) Each public safety answering point, as that term is defined by Section 771.001, shall have direct telephone access to the [at least one poison control] center. Poison [Regional poison] information services may be available directly from the center [for the region or from another poison control center] but shall be available through all 9-1-1 services [in the region], as the term "9-1-1 service" is defined by Section 771.001, throughout the state. The 9-1-1 service calls pertaining to poisonings may be routed to a poison control answering site, if possible, if the routing does not adversely affect the immediate availability of poisoning management services.

(c) The [A poison control] center shall ensure that poison control activities in this state [within the designated region] meet the criteria established by the American Association of Poison Control Centers. The [A] center may meet the criteria directly or may affiliate with other poison control centers or poison treatment facilities in other states, if necessary [possible]. The [A] center shall ensure that treatment facilities and services are available in this state [within the region] and shall identify and make available to the public and to appropriate health professionals information concerning analytical toxicology, emergency and critical care, and extracorporeal capabilities in this state [within the region].

Sec. 777.003. COMMUNITY PROGRAMS AND ASSISTANCE. (a) The [A poison control] center shall provide:

(1) community education programs on poison prevention methods to inform the public, such as presentations to persons attending a primary or secondary school, a parent-teacher association meeting, an employee safety meeting at an industrial company, or other interested groups;

(2) information and education to health professionals involved in the management of poison and overdose victims, including information regarding appropriate therapeutic use of medications, their compatibility and stability, and adverse drug reactions and interactions;

(3) professional and technical assistance to state agencies requesting toxicologic assistance; and

(4) consultation services concerning medical toxicology, for which a fee may be charged in an amount set by the institution in which the center is located to cover the costs of the service.

(b) The center shall develop an objective evaluation process for community education programs on poison prevention methods provided under Subsection (a)(1) and use the evaluation process to design and update as necessary a standardized program model for use throughout this state.

Sec. 777.004. STAFF. (a) The [A poison control] center [established under this chapter] shall use physicians, pharmacists, nurses, other professionals, and support personnel trained in various aspects of toxicology and poison control and prevention.

(b) The [A poison control] center shall make available resources, if possible, to accommodate persons who do not speak English.

Sec. 777.005. RESEARCH PROGRAMS. (a) The [A poison control] center may conduct a toxicology poison treatment research program to improve treatments for poisoning victims and to reduce the severity of injuries from poisonings.

(b) The [A poison control] center may accept grants or contributions from public or private sources to be used for research.

Sec. 777.006. INFORMATION AT BIRTH. The Commission on State Emergency Communications shall assist the center [regional poison control centers] in providing informational packets on poison prevention to parents of newborns.

Sec. 777.007. STATE LIABILITY. The state shall indemnify the [a poison control] center and an employee of the [a poison control] center under Chapter 104, Civil Practice and Remedies Code.

Sec. 777.008. COORDINATING COMMITTEE. (a) The coordinating committee on poison control shall coordinate the activities of the center [regional poison control centers designated under Section 777.001(a)] and advise the Commission on State Emergency Communications.

(b) The committee is composed of:

(1) one public member appointed by the Commission on State Emergency Communications;

(2) six members who represent the center [six regional poison control centers, one] appointed by the chief executive officer of the [each] center;

(3) one member appointed by the commissioner of the Department of State Health Services; and

(4) one member who is a health care professional designated as the poison control program coordinator appointed by the Commission on State Emergency Communications.

SECTION 3. Sections 777.009(a) and (b), Health and Safety Code, are amended to read as follows:

(a) The Commission on State Emergency Communications shall establish a program to award grants to fund the center [regional poison control centers].

(b) The Commission on State Emergency Communications shall adopt rules to establish criteria for awarding the grants. The rules must require the agency to consider:

(1) the need [of the region based on population served] for poison control services in this state 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.

SECTION 4. The heading to Section 777.010, Health and Safety Code, is amended to read as follows:

Sec. 777.010. OUT-OF-STATE [OUT-OF-REGION] SERVICES; SERVICES FOR PRIVATE ENTITIES.

SECTION 5. Sections 777.010(b) and (c), Health and Safety Code, are amended to read as follows:

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

(c) A contract described by Subsection (a) must recover the cost of providing the services and may include a reasonable additional amount to support the center's [poison control center] services in this state. Revenue from a contract described by Subsection (a) must be deposited to the credit of the [regional] poison control services account.

SECTION 6. Section 777.011, Health and Safety Code, is amended to read as follows:

Sec. 777.011. [REGIONAL] POISON CONTROL SERVICES ACCOUNT. The [regional] poison control services account is an account in the general revenue fund. The account is composed of money deposited to the account under Section 777.010(c). Money in the account may be appropriated only to the Commission on State Emergency Communications:

(1) for administration of and payment for contracts entered into under Section 777.010(b); and

(2) to fund grants awarded under Section 777.009.

SECTION 7. Sections 777.012(b) and (c), Health and Safety Code, are amended to read as follows:

(b) A service provider shall furnish to the [a poison control] center for each call to an emergency line of the center the telephone number of the subscribers and the address associated with the number.

(c) Information furnished to the [a poison control] center under this section is confidential and is not available for public inspection. Information contained in an address database used to provide the number or location identification information under this section is confidential and is not available for public inspection. The service provider or a third party that maintains an address database is not liable to any person for the release of information furnished by the service provider or third party in providing number or location identification information under this section, unless the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct.

SECTION 8. Sections 777.013(a) and (b), Health and Safety Code, are amended to read as follows:

(a) The Department of State Health Services, on request of the Commission on State Emergency Communications, shall provide epidemiological support to the center [regional poison control centers under this chapter] to:

(1) maximize the use of data collected by the center [poison control network];

(2) assist the center [regional poison control centers] with quality control and quality assurance;

(3) assist with research; and

(4) coordinate poison control activities with other public health activities.

(b) The [Each regional poison control] center shall provide the Department of State Health Services with access to all data and information collected by the [regional poison control] center for public health activities and epidemiological and toxicological investigations.

SECTION 9. Section 241.153, Health and Safety Code, is amended to read as follows:

Sec. 241.153. DISCLOSURE WITHOUT WRITTEN AUTHORIZATION. A patient's health care information may be disclosed without the patient's authorization if the disclosure is:

(1) directory information, unless the patient has instructed the hospital not to make the disclosure or the directory information is otherwise protected by state or federal law;

(2) to a health care provider who is rendering health care to the patient when the request for the disclosure is made;

(3) to a transporting emergency medical services provider for the purpose of:

(A) treatment or payment, as those terms are defined by the regulations adopted under the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191); or

(B) the following health care operations described by the regulations adopted under the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191):

(i) quality assessment and improvement activities;

(ii) specified insurance functions;

(iii) conducting or arranging for medical reviews; or

(iv) competency assurance activities;

(4) to a member of the clergy specifically designated by the patient;

(5) to a procurement organization as defined in Section 692A.002 for the purpose of making inquiries relating to donations according to the protocol referred to in Section 692A.015;

(6) to a prospective health care provider for the purpose of securing the services of that health care provider as part of the patient's continuum of care, as determined by the patient's attending physician;

(7) to a person authorized to consent to medical treatment under Chapter 313 or to a person in a circumstance exempted from Chapter 313 to facilitate the adequate provision of treatment;

(8) to an employee or agent of the hospital who requires health care information for health care education, quality assurance, or peer review or for assisting the hospital in the delivery of health care or in complying with statutory, licensing, accreditation, or certification requirements and if the hospital takes appropriate action to ensure that the employee or agent:

(A) will not use or disclose the health care information for any other purpose; and

(B) will take appropriate steps to protect the health care information;

(9) to a federal, state, or local government agency or authority to the extent authorized or required by law;

(10) to a hospital that is the successor in interest to the hospital maintaining the health care information;

(11) to the American Red Cross for the specific purpose of fulfilling the duties specified under its charter granted as an instrumentality of the United States government;

(12) to the Texas Poison Control Center established under [a regional poison control center, as the term is used in] Chapter 777, to the extent necessary to enable the center to provide information and education to health professionals involved in the management of poison and overdose victims, including information regarding appropriate therapeutic use of medications, their compatibility and stability, and adverse drug reactions and interactions;

(13) to a health care utilization review agent who requires the health care information for utilization review of health care under Chapter 4201, Insurance Code;

(14) for use in a research project authorized by an institutional review board under federal law;

(15) to health care personnel of a penal or other custodial institution in which the patient is detained if the disclosure is for the sole purpose of providing health care to the patient;

(16) to facilitate reimbursement to a hospital, other health care provider, or the patient for medical services or supplies;

(17) to a health maintenance organization for purposes of maintaining a statistical reporting system as required by a rule adopted by a state agency or regulations adopted under the federal Health Maintenance Organization Act of 1973, as amended (42 U.S.C. Section 300e et seq.);

(18) to satisfy a request for medical records of a deceased or incompetent person pursuant to Section 74.051(e), Civil Practice and Remedies Code;

(19) to comply with a court order except as provided by Subdivision (20); or

(20) related to a judicial proceeding in which the patient is a party and the disclosure is requested under a subpoena issued under:

(A) the Texas Rules of Civil Procedure or Code of Criminal Procedure; or

(B) Chapter 121, Civil Practice and Remedies Code.

SECTION 10. Section 771.051(a), Health and Safety Code, is amended to read as follows:

(a) The commission is the state's authority on emergency communications. The commission shall:

(1) administer the implementation of statewide 9-1-1 service and the poison control network, including the Texas Poison Control Center established [poison control centers] under Chapter 777;

(2) develop minimum performance standards for equipment and operation of 9-1-1 service to be followed in developing regional plans under Section 771.055, including requirements that the plans provide for:

(A) automatic number identification by which the telephone number of the caller is automatically identified at the public safety answering point receiving the call; and

(B) other features the commission considers appropriate;

(3) examine and approve or disapprove regional plans as provided by Section 771.056;

(4) recommend minimum training standards, assist in training, and provide assistance in the establishment and operation of 9-1-1 service;

(5) allocate money to prepare and operate regional plans as provided by Section 771.056;

(6) develop and provide public education materials and training;

(7) plan, implement, operate, and maintain poison control center databases and assist in planning, supporting, and facilitating 9-1-1 databases, as needed;

(8) provide grants or contracts for services that enhance the effectiveness of 9-1-1 service;

(9) coordinate emergency communications services and providers;

(10) make reasonable efforts to gain voluntary cooperation in the commission's activities of emergency communications authorities and providers outside the commission's jurisdiction, including:

(A) making joint communications to state and federal regulators; and

(B) arranging cooperative purchases of equipment or services; and

(11) accept, receive, and deposit in its account in the general revenue fund gifts, grants, and royalties from public and private entities. Gifts, grants, and royalties may be used for the purposes of the commission.

SECTION 11. Sections 771.072(e) and (f), Health and Safety Code, are amended to read as follows:

(e) From the revenue received from the surcharge imposed by this section, the amount derived from the application of the surcharge at a rate of not more than .8 percent shall be periodically allocated to fund grants awarded under Section 777.009 and other activities related to the Texas Poison Control Center [poison control centers] as required by Chapter 777.

(f) The comptroller shall deposit the surcharges and any prior balances in accounts in the general revenue fund in the state treasury until they are allocated to regional planning commissions, other 9-1-1 jurisdictions, and the Texas Poison Control Center [regional poison control centers] in accordance with this section. From those accounts, the amount necessary for the commission to fund approved plans of regional planning commissions and the Texas Poison Control Center [regional poison control centers] and to carry out its duties under this chapter shall be appropriated to the commission. Section 403.095, Government Code, does not apply to an account established by this subsection.

SECTION 12. Section 153.015, Occupations Code, is amended to read as follows:

Sec. 153.015. POISON CONTROL CENTER INFORMATION. The board shall provide to license holders information regarding the services provided by the Texas Poison Control Center [poison control centers].

SECTION 13. Section 202.161, Occupations Code, is amended to read as follows:

Sec. 202.161. POISON CONTROL CENTER INFORMATION. The board shall provide to license holders information regarding the services provided by the Texas Poison Control Center [poison control centers].

SECTION 14. Section 254.017, Occupations Code, is amended to read as follows:

Sec. 254.017. POISON CONTROL CENTER INFORMATION. The board shall provide to license holders information regarding the services provided by the Texas Poison Control Center [poison control centers].

SECTION 15. Section 301.1582, Occupations Code, is amended to read as follows:

Sec. 301.1582. POISON CONTROL CENTER INFORMATION. The board shall provide to license holders information regarding the services provided by the Texas Poison Control Center [poison control centers].

SECTION 16. Section 351.167, Occupations Code, is amended to read as follows:

Sec. 351.167. POISON CONTROL CENTER INFORMATION. The board shall provide to license holders information regarding the services provided by the Texas Poison Control Center [poison control centers].

SECTION 17. Section 554.015, Occupations Code, is amended to read as follows:

Sec. 554.015. POISON CONTROL CENTER INFORMATION. The board shall provide to license holders information regarding the services provided by the Texas Poison Control Center [poison control centers].

SECTION 18. (a) Not later than March 1, 2012, the Commission on State Emergency Communications shall consolidate the six regional poison control centers in this state into and establish the Texas Poison Control Center, as required by Section 777.001, Health and Safety Code, as amended by this Act, at the geographical location determined by the coordinating committee on poison control. On that date, the regional poison control centers are abolished and the powers, duties, obligations, rights, contracts, records, personnel, property, and unspent appropriations of the six regional poison control centers in this state are transferred to the Texas Poison Control Center.

(b) The rules of the regional poison control centers in this state are continued in effect as rules of the Texas Poison Control Center until superseded by rule.

(c) Notwithstanding the changes in law made by this Act, until the date the Commission on State Emergency Communications consolidates the six regional poison control centers as provided by this section, the regional poison control centers shall continue to operate and provide services under the law that governed the centers before the effective date of this Act, and the prior law is continued in effect for that purpose.

(d) As soon as practicable after the date the Texas Poison Control Center is established as provided by this section, the chief executive officer of the center shall appoint six members who represent the center to the coordinating committee on poison control established by Section 777.008, Health and Safety Code, as amended by this Act. The members serving on the coordinating committee as representatives of the six regional poison control centers immediately before the effective date of this Act shall continue to serve on the coordinating committee until the date the chief executive officer appoints members who represent the center as required by this subsection.

SECTION 19. (a) Not later than March 1, 2012, the coordinating committee on poison control established by Section 777.008, Health and Safety Code, as amended by this Act, shall determine a geographical location for the Texas Poison Control Center, as required by Section 777.001(b), Health and Safety Code, as amended by this Act.

(b) Not later than March 1, 2013, the Texas Poison Control Center established under Section 777.001, Health and Safety Code, as amended by this Act, shall design the initial standardized program model for community education programs as required by Section 777.003(b), Health and Safety Code, as added by this Act.

SECTION 20. This Act takes effect September 1, 2011.