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A BILL TO BE ENTITLED
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AN ACT
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relating to use of telemedicine in certain trauma facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 773, Health and Safety |
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Code, is amended by adding Section 773.1151 to read as follows: |
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Sec. 773.1151. USE OF TELEMEDICINE BY CERTAIN TRAUMA |
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FACILITIES. (a) In this section, "telemedicine" means a health |
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care service that is initiated by a physician, advanced practice |
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nurse, or physician assistant and that requires the use of advanced |
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telecommunications technology, other than telephone or facsimile |
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technology, including: |
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(1) compressed digital interactive video, audio, or |
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data transmission; |
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(2) clinical data transmission using computer imaging |
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by way of still-image capture and store and forward; and |
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(3) other technology that facilitates access to health |
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care services or medical specialty expertise. |
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(b) A health care facility located in a county with a |
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population of less than 50,000 may use telemedicine to satisfy a |
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level IV trauma facility designation requirement relating to |
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physicians if an on-call physician who has special competence in |
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the care of critically injured patients uses telemedicine to |
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provide patient assessment, diagnosis, consultation, or treatment |
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or to transfer medical data to a physician, advanced practice |
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nurse, or physician assistant located at the facility. |
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(c) Department rules may not, as part of the requirements |
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for designation of the facility as a level IV trauma facility, |
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require the physical presence or physical availability of a |
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physician who has special competence in the care of critically |
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injured patients and may not prohibit the use of telemedicine that |
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meets the requirements of Subsection (b). |
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SECTION 2. The executive commissioner of the Health and |
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Human Services Commission shall adopt rules to implement Section |
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773.1151, Health and Safety Code, as added by this Act, not later |
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than December 1, 2013. |
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SECTION 3. Notwithstanding Section 773.1151, Health and |
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Safety Code, as added by this Act, a health care facility located in |
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a county with a population of less than 50,000 may use telemedicine |
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to satisfy a level IV trauma facility designation requirement only |
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on or after January 1, 2014. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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