83R4635 KKR-D
 
  By: Schwertner S.B. No. 830
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to use of telemedicine in certain trauma facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter E, Chapter 773, Health and Safety
  Code, is amended by adding Section 773.1151 to read as follows:
         Sec. 773.1151.  USE OF TELEMEDICINE BY CERTAIN TRAUMA
  FACILITIES. (a) In this section, "telemedicine medical service"
  means a health care service that is initiated by a physician to
  provide patient assessment, diagnosis, consultation, or treatment
  or to transfer medical data and that requires the use of advanced
  telecommunications technology, other than telephone or facsimile
  technology, including:
               (1)  compressed digital interactive video, audio, or
  data transmission;
               (2)  clinical data transmission using computer imaging
  by way of still-image capture and store and forward; and
               (3)  other technology that facilitates access to health
  care services or medical specialty expertise.
         (b)  A health care facility designated as a level IV trauma
  facility and located in a county with a population of less than
  50,000 may provide medical care to patients through the use of
  telemedicine medical services provided by an on-call physician who
  has special competence in the care of critically injured patients.
         (c)  Department rules may not, as part of the requirements
  for designation of the facility as a level IV trauma facility,
  require the physical presence or physical availability of a
  physician described by Subsection (b) and may not prohibit the use
  of telemedicine medical services that meet the requirements of
  Subsection (b).
         SECTION 2.  The executive commissioner of the Health and
  Human Services Commission shall adopt rules to implement Section
  773.1151, Health and Safety Code, as added by this Act, not later
  than December 1, 2013.
         SECTION 3.  Notwithstanding Section 773.1151, Health and
  Safety Code, as added by this Act, a level IV trauma facility
  located in a county with a population of less than 50,000 may only
  use telemedicine medical services for the purposes authorized by
  that section on or after January 1, 2014.
         SECTION 4.  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, 2013.