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A BILL TO BE ENTITLED
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AN ACT
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relating to the consolidation of the regional poison control |
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centers into the Texas Poison Control Center. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 777, Health and Safety |
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Code, is amended to read as follows: |
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CHAPTER 777. TEXAS [REGIONAL] POISON CONTROL CENTER [CENTERS] |
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SECTION 2. Sections 777.001 through 777.008, Health and |
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Safety Code, are amended to read as follows: |
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Sec. 777.001. TEXAS [REGIONAL] POISON CONTROL CENTER |
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[CENTERS]. (a) In this chapter: |
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(1) "Center" means the Texas Poison Control Center |
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established under Subsection (b). |
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(2) "Coordinating committee" means the coordinating |
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committee on poison control established under Section 777.008. |
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(b) The Texas Poison Control Center is established. The |
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coordinating committee shall determine a geographical location in |
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this state for the center and may designate one or more medical |
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facilities in this state to be affiliated with the center. |
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(c) [Six regional centers for poison control are designated
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as the regional poison control centers for the state as follows:
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[(1)
The University of Texas Medical Branch at
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Galveston;
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[(2)
the Dallas County Hospital District/North Texas
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Poison Center;
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[(3)
The University of Texas Health Science Center at
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San Antonio;
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[(4)
the University Medical Center of El Paso, El Paso
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County Hospital District;
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[(5)
the Texas Tech University Health Sciences Center
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at Amarillo; and
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[(6) Scott and White Memorial Hospital, Temple, Texas.
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[(b)] The center [poison control centers] shall coordinate |
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poison control activities in this [within the designated health and
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human services regions for the] state. [The Commission on State
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Emergency Communications shall adopt rules designating the region
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for each poison control center.] The Commission on State Emergency |
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Communications may adopt rules permitting the center [poison
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control centers] to provide [services for regions served by other
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poison control centers in this state as necessary to maximize
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efficient use of resources and provide] appropriate services |
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throughout this state [in each region]. |
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[(c)
The Commission on State Emergency Communications may
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vote to designate a seventh regional or satellite poison control
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center in Harris County.
That poison control center is subject to
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all provisions of this chapter and other law relating to regional
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poison control centers.] |
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Sec. 777.002. TELEPHONE SERVICES. (a) The [A poison
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control] center [established by this chapter] shall provide a |
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24-hour toll-free telephone referral and information service for |
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the public and health care professionals according to the |
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requirements of the American Association of Poison Control Centers. |
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(b) Each public safety answering point, as that term is |
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defined by Section 771.001, shall have direct telephone access to |
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the [at least one poison control] center. Poison [Regional poison] |
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information services may be available directly from the center [for
|
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the region or from another poison control center] but shall be |
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available through all 9-1-1 services [in the region], as the term |
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"9-1-1 service" is defined by Section 771.001, throughout the |
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state. The 9-1-1 service calls pertaining to poisonings may be |
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routed to a poison control answering site, if possible, if the |
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routing does not adversely affect the immediate availability of |
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poisoning management services. |
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(c) The [A poison control] center shall ensure that poison |
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control activities in this state [within the designated region] |
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meet the criteria established by the American Association of Poison |
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Control Centers. The [A] center may meet the criteria directly or |
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may affiliate with other poison control centers or poison treatment |
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facilities in other states, if necessary [possible]. The [A] |
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center shall ensure that treatment facilities and services are |
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available in this state [within the region] and shall identify and |
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make available to the public and to appropriate health |
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professionals information concerning analytical toxicology, |
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emergency and critical care, and extracorporeal capabilities in |
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this state [within the region]. |
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Sec. 777.003. COMMUNITY PROGRAMS AND ASSISTANCE. (a) The |
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[A poison control] center shall provide: |
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(1) community education programs on poison prevention |
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methods to inform the public, such as presentations to persons |
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attending a primary or secondary school, a parent-teacher |
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association meeting, an employee safety meeting at an industrial |
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company, or other interested groups; |
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(2) information and education to health professionals |
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involved in the management of poison and overdose victims, |
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including information regarding appropriate therapeutic use of |
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medications, their compatibility and stability, and adverse drug |
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reactions and interactions; |
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(3) professional and technical assistance to state |
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agencies requesting toxicologic assistance; and |
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(4) consultation services concerning medical |
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toxicology, for which a fee may be charged in an amount set by the |
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institution in which the center is located to cover the costs of the |
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service. |
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(b) The center shall develop an objective evaluation |
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process for community education programs on poison prevention |
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methods provided under Subsection (a)(1) and use the evaluation |
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process to design and update as necessary a standardized program |
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model for use throughout this state. |
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Sec. 777.004. STAFF. (a) The [A poison control] center |
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[established under this chapter] shall use physicians, |
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pharmacists, nurses, other professionals, and support personnel |
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trained in various aspects of toxicology and poison control and |
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prevention. |
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(b) The [A poison control] center shall make available |
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resources, if possible, to accommodate persons who do not speak |
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English. |
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Sec. 777.005. RESEARCH PROGRAMS. (a) The [A poison
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control] center may conduct a toxicology poison treatment research |
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program to improve treatments for poisoning victims and to reduce |
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the severity of injuries from poisonings. |
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(b) The [A poison control] center may accept grants or |
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contributions from public or private sources to be used for |
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research. |
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Sec. 777.006. INFORMATION AT BIRTH. The Commission on |
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State Emergency Communications shall assist the center [regional
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poison control centers] in providing informational packets on |
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poison prevention to parents of newborns. |
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Sec. 777.007. STATE LIABILITY. The state shall indemnify |
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the [a poison control] center and an employee of the [a poison
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control] center under Chapter 104, Civil Practice and Remedies |
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Code. |
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Sec. 777.008. COORDINATING COMMITTEE. (a) The |
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coordinating committee on poison control shall coordinate the |
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activities of the center [regional poison control centers
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designated under Section 777.001(a)] and advise the Commission on |
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State Emergency Communications. |
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(b) The committee is composed of: |
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(1) one public member appointed by the Commission on |
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State Emergency Communications; |
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(2) six members who represent the center [six regional
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poison control centers, one] appointed by the chief executive |
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officer of the [each] center; |
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(3) one member appointed by the commissioner of the |
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Department of State Health Services; and |
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(4) one member who is a health care professional |
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designated as the poison control program coordinator appointed |
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by the Commission on State Emergency Communications. |
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SECTION 3. Sections 777.009(a) and (b), Health and Safety |
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Code, are amended to read as follows: |
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(a) The Commission on State Emergency Communications shall |
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establish a program to award grants to fund the center [regional
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poison control centers]. |
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(b) The Commission on State Emergency Communications shall |
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adopt rules to establish criteria for awarding the grants. The |
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rules must require the agency to consider: |
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(1) the need [of the region based on population
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served] for poison control services in this state and the extent to |
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which the grant would meet the identified need; |
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(2) the assurance of providing quality services; |
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(3) the availability of other funding sources; |
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(4) achieving or maintaining certification as a poison |
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control center with the American Association of Poison Control |
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Centers; |
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(5) maintenance of effort; and |
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(6) the development or existence of |
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telecommunications systems. |
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SECTION 4. The heading to Section 777.010, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 777.010. OUT-OF-STATE [OUT-OF-REGION] SERVICES; |
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SERVICES FOR PRIVATE ENTITIES. |
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SECTION 5. Sections 777.010(b) and (c), Health and Safety |
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Code, are amended to read as follows: |
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(b) The Commission on State Emergency Communications shall |
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contract with the center [one or more regional poison control
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centers] to provide the services required under a contract entered |
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into under Subsection (a). The commission may not enter into a |
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contract under this subsection if, in the opinion of the |
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commission, the [regional poison control] center's performance of |
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the contract would result in a diminishment in the services |
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provided in this state [the region]. |
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(c) A contract described by Subsection (a) must recover the |
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cost of providing the services and may include a reasonable |
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additional amount to support the center's [poison control center] |
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services in this state. Revenue from a contract described by |
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Subsection (a) must be deposited to the credit of the [regional] |
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poison control services account. |
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SECTION 6. Section 777.011, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 777.011. [REGIONAL] POISON CONTROL SERVICES |
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ACCOUNT. The [regional] poison control services account is an |
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account in the general revenue fund. The account is composed of |
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money deposited to the account under Section 777.010(c). Money in |
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the account may be appropriated only to the Commission on State |
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Emergency Communications: |
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(1) for administration of and payment for contracts |
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entered into under Section 777.010(b); and |
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(2) to fund grants awarded under Section 777.009. |
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SECTION 7. Sections 777.012(b) and (c), Health and Safety |
|
Code, are amended to read as follows: |
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(b) A service provider shall furnish to the [a poison
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control] center for each call to an emergency line of the center the |
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telephone number of the subscribers and the address associated with |
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the number. |
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(c) Information furnished to the [a poison control] center |
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under this section is confidential and is not available for public |
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inspection. Information contained in an address database used to |
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provide the number or location identification information under |
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this section is confidential and is not available for public |
|
inspection. The service provider or a third party that maintains an |
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address database is not liable to any person for the release of |
|
information furnished by the service provider or third party in |
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providing number or location identification information under this |
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section, unless the act or omission proximately causing the claim, |
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damage, or loss constitutes gross negligence, recklessness, or |
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intentional misconduct. |
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SECTION 8. Sections 777.013(a) and (b), Health and Safety |
|
Code, are amended to read as follows: |
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(a) The Department of State Health Services, on request of |
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the Commission on State Emergency Communications, shall provide |
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epidemiological support to the center [regional poison control
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centers under this chapter] to: |
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(1) maximize the use of data collected by the center |
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[poison control network]; |
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(2) assist the center [regional poison control
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centers] with quality control and quality assurance; |
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(3) assist with research; and |
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(4) coordinate poison control activities with other |
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public health activities. |
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(b) The [Each regional poison control] center shall provide |
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the Department of State Health Services with access to all data and |
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information collected by the [regional poison control] center for |
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public health activities and epidemiological and toxicological |
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investigations. |
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SECTION 9. Section 241.153, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 241.153. DISCLOSURE WITHOUT WRITTEN AUTHORIZATION. A |
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patient's health care information may be disclosed without the |
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patient's authorization if the disclosure is: |
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(1) directory information, unless the patient has |
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instructed the hospital not to make the disclosure or the directory |
|
information is otherwise protected by state or federal law; |
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(2) to a health care provider who is rendering health |
|
care to the patient when the request for the disclosure is made; |
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(3) to a transporting emergency medical services |
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provider for the purpose of: |
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(A) treatment or payment, as those terms are |
|
defined by the regulations adopted under the Health Insurance |
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Portability and Accountability Act of 1996 (Pub. L. No. 104-191); |
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or |
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(B) the following health care operations |
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described by the regulations adopted under the Health Insurance |
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Portability and Accountability Act of 1996 (Pub. L. No. 104-191): |
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(i) quality assessment and improvement |
|
activities; |
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(ii) specified insurance functions; |
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(iii) conducting or arranging for medical |
|
reviews; or |
|
(iv) competency assurance activities; |
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(4) to a member of the clergy specifically designated |
|
by the patient; |
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(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 |
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disclosure is for the sole purpose of providing health care to the |
|
patient; |
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(16) to facilitate reimbursement to a hospital, other |
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health care provider, or the patient for medical services or |
|
supplies; |
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(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.); |
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(18) to satisfy a request for medical records of a |
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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 |
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patient is a party and the disclosure is requested under a subpoena |
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issued under: |
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(A) the Texas Rules of Civil Procedure or Code of |
|
Criminal Procedure; or |
|
(B) Chapter 121, Civil Practice and Remedies |
|
Code. |
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SECTION 10. Section 771.051(a), Health and Safety Code, is |
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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. |