87R4944 MCF-F
 
  By: Darby H.B. No. 2792
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a pilot project to provide emergency telemedicine
  medical services in rural areas.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 771, Health and Safety Code, is amended
  by adding Subchapter F to read as follows:
  SUBCHAPTER F. NEXT GENERATION 9-1-1 TELEMEDICINE MEDICAL SERVICES
  PILOT PROJECT
         Sec. 771.151.  DEFINITIONS. In this subchapter:
               (1)  "Center" means the area health education center at
  the Texas Tech University Health Sciences Center that meets the
  requirements of 42 U.S.C. Section 294a and has been awarded federal
  funding as an area health education center.
               (2)  "Emergency medical services" means services used
  to respond to an individual's perceived need for immediate medical
  care and to prevent death or aggravation of physiological or
  psychological illness or injury.
               (3)  "Emergency medical services provider" means a
  person who uses or maintains emergency medical services vehicles,
  medical equipment, and emergency medical services personnel to
  provide emergency medical services.
               (4)  "Emergency prehospital care" means care provided
  to a sick or injured individual before or during transportation of
  the individual to a medical facility, and includes any necessary
  stabilization of the individual in connection with that
  transportation.
               (5)  "Pilot project" means a pilot project established
  under Section 771.152.
               (6)  "Regional trauma resource center" means a trauma
  facility the center selects to participate in the pilot project.
               (7)  "Rural area" means:
                     (A)  a county with a population of 50,000 or less;
  or
                     (B)  a large, isolated, and sparsely populated
  area of a county with a population of more than 50,000.
               (8)  "Telemedicine medical service" means a health care
  service initiated by a physician or provided by a health
  professional acting under physician delegation and supervision
  that is provided for patient assessment purposes by a health
  professional, diagnosis or consultation by a physician, treatment
  by a health professional, or the transfer of medical data and that
  requires the use of advanced telecommunications technology, other
  than telephone or facsimile technology, including:
                     (A)  compressed digital interactive video, audio,
  or data transmission;
                     (B)  clinical data transmission using computer
  imaging through still-image capture and store and forward; and
                     (C)  other technology that facilitates access to
  health care services or medical specialty expertise.
               (9)  "Trauma facility" means a health care facility
  that is equipped and staffed to provide comprehensive treatment of
  seriously injured individuals and is a part of an emergency medical
  services and trauma care system.
         Sec. 771.152.  ESTABLISHMENT OF PILOT PROJECT. (a) The
  commission, with the assistance of the center, shall establish a
  pilot project to provide emergency medical services instruction and
  emergency prehospital care instruction through a telemedicine
  medical service provided by regional trauma resource centers to:
               (1)  health care providers in rural area trauma
  facilities; and
               (2)  emergency medical services providers in rural
  areas.
         (b)  The commission shall provide technical assistance to
  the center in implementing the pilot project.
         (c)  The center, with the assistance of the commission,
  shall:
               (1)  design criteria and protocols for the telemedicine
  medical service and related instruction and provide the oversight
  necessary to conduct the pilot project;
               (2)  define criteria to determine when telemedicine
  medical services that provide instructions for emergency medical
  services, emergency prehospital care, and trauma care should be
  transferred to an emergency medical resource center for
  intervention; and
               (3)  collect the data necessary to evaluate the
  project.
         (d)  The center may make available appropriate resources for
  individuals who do not speak English.
         Sec. 771.153.  PERSONNEL. The center shall provide the
  telemedicine medical service and related instruction for the pilot
  project through health care providers in regional trauma resource
  centers, including physicians, pharmacists, emergency medical
  personnel, and other health professionals acting under physician
  delegation and supervision.
         Sec. 771.154.  PARTICIPATION IN PILOT PROJECT. (a) The
  center shall determine the trauma facilities and emergency medical
  services providers interested in participating in the pilot
  project.
         (b)  A trauma facility or emergency medical services
  provider participating in the pilot project must agree to
  successfully complete any required training and to provide all
  reports required by the center for the project.
         Sec. 771.155.  SELECTION OF PROJECT PARTICIPANTS AND
  REGIONAL TRAUMA RESOURCE CENTERS. (a) The center, with the
  assistance of the commission, may select trauma facilities and
  emergency medical services providers to participate in the pilot
  project and select trauma facilities to serve as regional trauma
  resource centers.
         (b)  The center may not select a trauma facility to
  participate in the pilot project or to serve as a regional trauma
  resource center unless the facility:
               (1)  has a quality assurance program that measures each
  health care provider's compliance with the medical protocol;
               (2)  uses emergency medical services and emergency
  prehospital care protocols approved by a physician medical director
  knowledgeable in emergency medical services and emergency
  prehospital care;
               (3)  has experience in providing emergency medical
  services and emergency prehospital care that the center determines
  is sufficient; and
               (4)  has resources sufficient to provide the additional
  telemedicine medical services and related instruction required for
  the project in addition to the health care services already
  provided by the facility.
         (c)  In selecting a trauma facility to serve as a regional
  trauma resource center, the center shall consider the facility
  personnel's ability to maintain records and produce reports to
  measure the effectiveness of the pilot project. The center shall
  share information regarding that ability with the commission.
         Sec. 771.156.  FUNDING OF PILOT PROJECT. (a) Money
  collected under Section 771.072(f) may be appropriated to the
  commission to fund the pilot project.
         (b)  The center may seek grants to fund the pilot project.
         (c)  A political subdivision with a trauma facility that
  participates in the pilot project may pay part of the costs of the
  project.
         (d)  If a sufficient number of political subdivisions in a
  region that may be served by the pilot project agree to pay the
  center an amount that together with other funding received under
  this section is sufficient to fund the project for the region, the
  center shall:
               (1)  contract with the political subdivisions for each
  to pay an appropriate share of the cost; and
               (2)  implement the project for the region when the
  amounts agreed to in the contracts and any other funding received
  under this section are sufficient to fund the project for the
  region.
         Sec. 771.157.  REPORT TO LEGISLATURE. The center, in
  cooperation with the commission, shall report its findings to the
  governor and the presiding officer of each house of the
  legislature, not later than December 31, 2026.
         Sec. 771.158.  LIABILITY. The operations of the center and a
  regional trauma resource center are considered to be the provision
  of 9-1-1 services for purposes of Section 771.053. Employees of and
  volunteers at the regional trauma resource center have the same
  protection from liability as a member of the governing body of a
  public agency under Section 771.053.
         Sec. 771.159.  WORK GROUP. (a) The center may appoint a
  project work group to assist the center in developing,
  implementing, and evaluating the pilot project and preparing a
  report on the center's findings.
         (b)  A member of the work group is not entitled to
  compensation for serving on the project work group and may not be
  reimbursed for travel or other expenses incurred while conducting
  the business of the project work group.
         (c)  The project work group is not subject to Chapter 2110,
  Government Code.
         Sec. 771.160.  EXPIRATION. This subchapter expires January
  1, 2027.
         SECTION 2.  Section 771.072(g), Health and Safety Code, is
  amended to read as follows:
         (g)  Notwithstanding any other law, revenue derived from the
  equalization surcharge imposed under this section may be
  appropriated to the commission only for the purposes described by
  Section 771.156 and Sections 773.122 through 773.124.
         SECTION 3.  This Act takes effect September 1, 2021.