SECTION 1. Subtitle B, Title
2, Health and Safety Code, is amended by adding Chapter 34 to read as
follows:
CHAPTER 34. MATERNAL
MORTALITY AND MORBIDITY TASK FORCE
Sec. 34.001.
DEFINITIONS. In this chapter:
(1)
"Commissioner" means the commissioner of state health services.
(2)
"Department" means the Department of State Health Services.
(3) "Executive
commissioner" means the executive commissioner of the Health and Human
Services Commission.
(4) "Health care
provider" means an individual or facility licensed, certified, or
otherwise authorized to administer health care, for profit or otherwise, in
the ordinary course of business or professional practice, including a
physician or a hospital or birthing center.
(5) "Institution of
higher education" has the meaning assigned by Section 61.003, Education
Code.
(6) "Intrapartum
care" has the meaning assigned by Section 32.002.
(7) "Maternal
morbidity" means a pregnancy-related health condition occurring during
pregnancy, labor, or delivery or within one year of delivery or end of
pregnancy.
(8) "Patient"
means the woman who while pregnant or within one year of delivery or end of
pregnancy suffers death or maternal morbidity.
(9) "Perinatal
care" has the meaning assigned by Section 32.002.
(10)
"Physician" means a person licensed to practice medicine in this
state under Subtitle B, Title 3, Occupations Code.
(11)
"Pregnancy-related death" means the death of a woman while
pregnant or within one year of delivery or end of pregnancy, regardless of
the duration and site of the pregnancy, from any cause related to or
aggravated by the pregnancy or its management, but not from accidental or
incidental causes.
(12) "Task
force" means the Maternal Mortality and Morbidity Task Force.
Sec. 34.002. MATERNAL
MORTALITY AND MORBIDITY TASK FORCE. (a) The Maternal Mortality and
Morbidity Task Force is administered by the department.
(b) The task force is a
multidisciplinary advisory committee within the department and is composed
of the following 15 members:
(1) 13 members appointed
by the commissioner as follows:
(A) four physicians
specializing in obstetrics, at least one of whom is a maternal fetal
medicine specialist;
(B) one certified
nurse-midwife;
(C) one registered nurse;
(D) one physician
specializing in family practice;
(E) one physician specializing
in psychiatry;
(F) one physician
specializing in pathology;
(G) one epidemiologist,
biostatistician, or researcher of pregnancy-related deaths;
(H) one social worker or
social service provider;
(I) one community
advocate in a relevant field; and
(J) one medical examiner
or coroner responsible for recording deaths;
(2) a representative of
the department's family and community health programs; and
(3) the state
epidemiologist for the department or the epidemiologist's designee.
(c) In appointing members
to the task force, the commissioner shall:
(1) include members:
(A) working in and
representing communities that are diverse with regard to race, ethnicity,
immigration status, and English proficiency; and
(B) from differing
geographic regions in the state, including both rural and urban areas;
(2) endeavor to include
members who are working in and representing communities that are affected
by pregnancy-related deaths and maternal morbidity and by a lack of access
to relevant perinatal and intrapartum care services; and
(3) ensure that the
composition of the task force reflects the racial, ethnic, and linguistic
diversity of this state.
(d) The commissioner
shall appoint from among the task force members a presiding officer.
(e) A member of the task
force appointed under Subsection (b)(1) is not entitled to compensation for
service on the task force or reimbursement for travel or other expenses
incurred by the member while conducting the business of the task force.
Sec. 34.003. TERMS;
VACANCY.
Sec. 34.004. MEETINGS.
Sec. 34.005. DUTIES OF
TASK FORCE.
(a) The task force shall:
(1) study and review
pregnancy-related deaths and cases of
maternal morbidity; and
(2) make recommendations
for best practices and protocols to
help reduce the incidence of pregnancy-related deaths and maternal
morbidity in this state.
(b) The task force shall develop standard procedures and criteria
for the comprehensive, multidisciplinary review of pregnancy-related deaths
and cases of maternal morbidity.
Sec. 34.006.
CONSULTATIONS AND AGREEMENTS WITH OUTSIDE PARTIES. (a) The department and
task force may consult with any relevant experts and stakeholders,
including:
(1) anesthesiologists;
(2) intensivists or
critical care physicians;
(3) nutritionists;
(4) substance abuse
treatment specialists;
(5) hospital staff or
employees;
(6) representatives of
the state Medicaid program;
(7) paramedics or other
emergency medical response personnel;
(8) hospital-based risk
management specialists;
(9) representatives of
local health departments and public health districts in this state;
(10) public health
experts;
(11) government
representatives or officials; and
(12) law enforcement
officials.
(b) In gathering
information, the department and the task force may consult with
representatives of any relevant state professional associations and
organizations, including:
(1) District XI of the
American Congress of Obstetricians and Gynecologists;
(2) the Texas Association
of Obstetricians and Gynecologists;
(3) the Texas Nurses
Association;
(4) the Texas Section of
the Association of Women's Health, Obstetric and Neonatal Nurses;
(5) the Texas Academy of
Family Physicians;
(6) the Consortium of
Texas Certified Nurse-Midwives;
(7) the Association of
Texas Midwives;
(8) the Texas Hospital
Association;
(9) the Texas Medical
Association; and
(10) the Texas Public
Health Association.
(c) In consulting with
individuals or organizations under Subsection (a) or (b), a member of the
task force or employee of the department may not disclose any identifying
information of a patient or health care provider.
(d) The department on
behalf of the task force may enter into agreements with institutions of
higher education or other organizations consistent with the duties of the
department or task force under this chapter.
Sec. 34.007. SELECTION
AND REVIEW OF CASES. The department shall determine a statistically
significant number of cases of pregnancy-related deaths and maternal morbidity for review. The
department shall randomly select cases for the task force to review to
reflect a cross-section of pregnancy-related deaths and maternal morbidity cases in this state.
Sec. 34.008. OBTAINING
DE-IDENTIFIED INFORMATION FOR REVIEW. (a) On selecting a case of
pregnancy-related death or maternal morbidity for review, the department
shall, in accordance with this section, obtain information relevant to the
case to enable the task force to review the case. The department shall
provide the information to the task force.
(b) The information
provided to the task force may not include identifying information of a
patient or health care provider, including:
(1) the name, address, or
date of birth of the patient or a member of the patient's family; or
(2) the name or specific
location of a health care provider that treated the patient.
(c) On the request of the
department, a health care provider or
other custodian of the requested information shall provide the information
to the department. The information shall be provided without the
authorization of the patient or, if the patient is deceased, without the
authorization of the patient's family.
(d) A health care provider or other person who
provides information to the department under this section is not subject to
an administrative, civil, or criminal action for damages or other relief
for providing the information.
Sec. 34.009.
CONFIDENTIALITY; PRIVILEGE.
Sec. 34.010. SUBPOENA AND
DISCOVERY. (a) Task force work product or information that is
confidential under Section 34.009 is privileged, is not subject to subpoena
or discovery, and may not be introduced into evidence in any
administrative, civil, or criminal proceeding against a patient, a member
of the family of a patient, or a health care provider.
(b) A document or other information that is otherwise available from
another source is not protected from subpoena, discovery, or introduction
into evidence under Subsection (a) solely because the document or other
information was presented during a meeting of the task force or because a
record of the document or other information is maintained by the task
force.
Sec. 34.011. IMMUNITY.
Sec. 34.012. DATABASE OF
DE-IDENTIFIED INFORMATION.
Sec. 34.013.
INAPPLICABILITY OF CHAPTER.
Sec. 34.014. FUNDING.
Sec. 34.015. REPORTS.
(a) Not later than September 1 of each even-numbered year, the task force
and the department shall submit a joint report on the findings of the task
force under this chapter to the governor, lieutenant governor, speaker of
the house of representatives, and appropriate committees of the
legislature.
(b) The report must
include the task force's recommendations for
best practices under Section 34.005(a)(2) to help reduce the incidence of pregnancy-related deaths and maternal
morbidity in this state.
(c) The department shall
disseminate the report to the state professional associations and
organizations listed in Section 34.006(b) and make the report publicly
available in paper or electronic form.
Sec. 34.016. RULES.
Sec. 34.017. DEPARTMENT
ACCESS TO INFORMATION.
Sec. 34.018. SUNSET
PROVISION.
|
SECTION 1. Subtitle B, Title
2, Health and Safety Code, is amended by adding Chapter 34 to read as
follows:
CHAPTER 34. MATERNAL
MORTALITY AND MORBIDITY TASK FORCE
Sec. 34.001.
DEFINITIONS. In this chapter:
(1)
"Commissioner" means the commissioner of state health services.
(2)
"Department" means the Department of State Health Services.
(3) "Executive
commissioner" means the executive commissioner of the Health and Human
Services Commission.
(4) "Health care
provider" means an individual or facility licensed, certified, or
otherwise authorized to administer health care, for profit or otherwise, in
the ordinary course of business or professional practice, including a
physician or a hospital or birthing center.
(5) "Institution of
higher education" has the meaning assigned by Section 61.003,
Education Code.
(6) "Intrapartum
care" has the meaning assigned by Section 32.002.
(7) "Life-threatening condition" means a condition from
which the likelihood of death is probable unless the course of the
condition is interrupted.
(8) "Maternal
morbidity" means a pregnancy-related health condition occurring during
pregnancy, labor, or delivery or within one year of delivery or end of
pregnancy.
(9) "Patient"
means the woman who while pregnant or within one year of delivery or end of
pregnancy suffers death or severe
maternal morbidity.
(10) "Perinatal
care" has the meaning assigned by Section 32.002.
(11)
"Physician" means a person licensed to practice medicine in this
state under Subtitle B, Title 3, Occupations Code.
(12)
"Pregnancy-related death" means the death of a woman while
pregnant or within one year of delivery or end of pregnancy, regardless of
the duration and site of the pregnancy, from any cause related to or
aggravated by the pregnancy or its management, but not from accidental or
incidental causes.
(13) "Severe maternal morbidity" means maternal morbidity
that constitutes a life-threatening condition.
(14) "Task
force" means the Maternal Mortality and Morbidity Task Force.
Sec. 34.002. MATERNAL
MORTALITY AND MORBIDITY TASK FORCE. (a) The Maternal Mortality and
Morbidity Task Force is administered by the department.
(b) The task force is a
multidisciplinary advisory committee within the department and is composed
of the following 15 members:
(1) 13 members appointed
by the commissioner as follows:
(A) four physicians
specializing in obstetrics, at least one of whom is a maternal fetal
medicine specialist;
(B) one certified
nurse-midwife;
(C) one registered nurse;
(D) one physician
specializing in family practice;
(E) one physician
specializing in psychiatry;
(F) one physician
specializing in pathology;
(G) one epidemiologist,
biostatistician, or researcher of pregnancy-related deaths;
(H) one social worker or
social service provider;
(I) one community
advocate in a relevant field; and
(J) one medical examiner
or coroner responsible for recording deaths;
(2) a representative of
the department's family and community health programs; and
(3) the state
epidemiologist for the department or the epidemiologist's designee.
(c) In appointing members
to the task force, the commissioner shall:
(1) include members:
(A) working in and
representing communities that are diverse with regard to race, ethnicity,
immigration status, and English proficiency; and
(B) from differing
geographic regions in the state, including both rural and urban areas;
(2) endeavor to include
members who are working in and representing communities that are affected
by pregnancy-related deaths and severe
maternal morbidity and by a lack of access to relevant perinatal and
intrapartum care services; and
(3) ensure that the
composition of the task force reflects the racial, ethnic, and linguistic
diversity of this state.
(d) The commissioner
shall appoint from among the task force members a presiding officer.
(e) A member of the task
force appointed under Subsection (b)(1) is not entitled to compensation for
service on the task force or reimbursement for travel or other expenses
incurred by the member while conducting the business of the task force.
(f) In carrying out its duties, the task force may use technology,
including teleconferencing or videoconferencing, to eliminate travel
expenses.
Sec. 34.003. TERMS;
VACANCY.
Sec. 34.004. MEETINGS.
Sec. 34.005. DUTIES OF
TASK FORCE. The task force shall:
(1) study and review:
(A) cases of pregnancy-related deaths; and
(B) trends in severe maternal morbidity;
(2) determine the feasibility of the task force studying cases of
severe maternal morbidity; and
(3) make recommendations
to help reduce the incidence of pregnancy-related deaths and severe maternal morbidity in this state.
Sec. 34.006.
CONSULTATIONS AND AGREEMENTS WITH OUTSIDE PARTIES. (a) The department and
task force may consult with any relevant experts and stakeholders,
including:
(1) anesthesiologists;
(2) intensivists or
critical care physicians;
(3) nutritionists;
(4) substance abuse
treatment specialists;
(5) hospital staff or
employees;
(6) representatives of
the state Medicaid program;
(7) paramedics or other
emergency medical response personnel;
(8) hospital-based risk
management specialists;
(9) representatives of
local health departments and public health districts in this state;
(10) public health
experts;
(11) government
representatives or officials; and
(12) law enforcement
officials.
(b) In gathering
information, the department and task force may consult with representatives
of any relevant state professional associations and organizations,
including:
(1) District XI of the
American Congress of Obstetricians and Gynecologists;
(2) the Texas Association
of Obstetricians and Gynecologists;
(3) the Texas Nurses
Association;
(4) the Texas Section of
the Association of Women's Health, Obstetric and Neonatal Nurses;
(5) the Texas Academy of
Family Physicians;
(6) the Texas Pediatric Society;
(7) the Consortium of
Texas Certified Nurse-Midwives;
(8) the Association of
Texas Midwives;
(9) the Texas Hospital
Association;
(10) the Texas Medical
Association; and
(11) the Texas Public
Health Association.
(c) In consulting with
individuals or organizations under Subsection (a) or (b), a member of the
task force or employee of the department may not disclose any identifying
information of a patient or health care provider.
(d) The department on
behalf of the task force may enter into agreements with institutions of
higher education or other organizations consistent with the duties of the
department or task force under this chapter.
Sec. 34.007. SELECTION
AND REVIEW OF CASES. (a) The department shall determine a statistically
significant number of cases of pregnancy-related deaths for review. The
department shall randomly select cases for the task force to review under this subsection to reflect a
cross-section of pregnancy-related deaths in this state.
(b) The department shall analyze aggregate data of severe maternal
morbidity in this state to identify any trends.
(c) If feasible, the department may select cases of severe maternal
morbidity for review. In selecting cases under this subsection, the
department shall randomly select cases for the task force to review to
reflect trends identified under Subsection (b).
Sec. 34.008. OBTAINING
DE-IDENTIFIED INFORMATION FOR REVIEW. (a) On selecting a case of
pregnancy-related death or severe
maternal morbidity for review, the department shall, in accordance with
this section, obtain information relevant to the case to enable the task
force to review the case. The department shall provide the information to
the task force.
(b) The information
provided to the task force may not include identifying information of a
patient or health care provider, including:
(1) the name, address, or
date of birth of the patient or a member of the patient's family; or
(2) the name or specific
location of a health care provider that treated the patient.
(c) On the request of the
department, a hospital, birthing center,
or other custodian of the requested information shall provide the
information to the department. The information shall be provided without
the authorization of the patient or, if the patient is deceased, without
the authorization of the patient's family.
(d) A person who provides
information to the department under this section is not subject to an
administrative, civil, or criminal action for damages or other relief for
providing the information.
Sec. 34.009.
CONFIDENTIALITY; PRIVILEGE. (Substantially the same as introduced
version.)
Sec. 34.010. SUBPOENA AND
DISCOVERY. Task force work product or information that is confidential
under Section 34.009 is privileged, is not subject to subpoena or
discovery, and may not be introduced into evidence in any administrative,
civil, or criminal proceeding against a patient, a member of the family of
a patient, or a health care provider.
Sec. 34.011. IMMUNITY.
Sec. 34.012. DATABASE OF
DE-IDENTIFIED INFORMATION. (Substantially the same as introduced
version.)
Sec. 34.013. INAPPLICABILITY
OF CHAPTER.
Sec. 34.014. FUNDING.
Sec. 34.015. REPORTS.
(a) Not later than September 1 of each even-numbered year, the task force
and the department shall submit a joint report on the findings of the task
force under this chapter to the governor, lieutenant governor, speaker of
the house of representatives, and appropriate committees of the
legislature.
(b) The report must
include the task force's recommendations under Section 34.005(a)(3).
(c) The department shall
disseminate the report to the state professional associations and
organizations listed in Section 34.006(b) and make the report publicly
available in paper or electronic form.
Sec. 34.016. RULES.
Sec. 34.017. DEPARTMENT
ACCESS TO INFORMATION.
Sec. 34.018. SUNSET PROVISION.
|