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A BILL TO BE ENTITLED
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AN ACT
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relating to a body worn camera program for emergency medical |
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personnel. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 773, Health and Safety Code, is amended |
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by adding Subchapter J to read as follows: |
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SUBCHAPTER J. BODY WORN CAMERA PROGRAM |
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Sec. 773.301. DEFINITION. In this subchapter, "body worn |
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camera" means a recording device that is: |
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(1) capable of recording, or transmitting to be |
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recorded remotely, video or video and audio; and |
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(2) worn on the person of emergency medical services |
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personnel, which includes being worn as an attachment to the |
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person's clothing or as glasses. |
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Sec. 773.302. BODY WORN CAMERA POLICY. (a) An emergency |
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medical services provider that elects to operate a body worn camera |
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program shall adopt a policy for the use of body worn cameras by |
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emergency medical services personnel who provide emergency medical |
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services for the provider. |
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(b) The policy must: |
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(1) comply with all state and federal laws governing |
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video recordings, records retention, and protected health |
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information, including Chapter 181 and the Health Insurance |
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Portability and Accountability Act of 1996 (Pub. L. No. 104-191); |
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and |
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(2) ensure emergency medical services personnel |
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activate a body worn camera only for a legitimate emergency medical |
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services purpose. |
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(c) The policy must include: |
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(1) guidelines for the circumstances in which |
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emergency medical services personnel are authorized or required to |
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activate a camera or discontinue a recording in progress, |
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considering the need for privacy in certain situations and at |
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certain locations; |
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(2) provisions on data retention and automatic |
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expungements, including retention of recordings preserved for use |
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as part of the patient care record or quality improvement |
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processes; |
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(3) provisions on storage of video and audio |
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recordings, backup copies of the recordings, and maintenance of |
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data security; |
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(4) guidelines on use of and public access to |
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recordings, including on: |
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(A) maintaining confidentiality of recordings |
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that contain protected health information and the restricted use of |
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and prohibited public access to the portion of those recordings |
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that contains protected health information; and |
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(B) prohibiting public access to any portion of a |
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recording that portrays the inside of a home or personal motor |
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vehicle unless the owner of the home or motor vehicle consents to |
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the disclosure; |
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(5) provisions entitling personnel and persons |
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receiving emergency medical services to access a recording of an |
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incident involving the personnel or persons; |
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(6) procedures for supervisory or internal review; and |
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(7) provisions on handling equipment and documenting |
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malfunctions of equipment. |
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(d) A policy adopted under this section may not require |
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emergency medical services personnel to activate a body worn camera |
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during an entire work shift. |
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Sec. 773.303. TRAINING. Before an emergency medical |
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services provider may operate a body worn camera program, the |
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provider must provide training to: |
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(1) emergency medical services personnel who will wear |
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the body worn cameras while providing emergency medical services |
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for the provider; and |
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(2) any other personnel who will have any access to |
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video and audio recordings obtained by the provider from the use of |
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body worn cameras. |
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Sec. 773.304. RECORDING INTERACTIONS WITH PUBLIC. |
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Emergency medical services personnel providing emergency medical |
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services for an emergency medical services provider while equipped |
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with a body worn camera shall act in a manner consistent with the |
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provider's policy in circumstances in which activating a body worn |
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camera or discontinuing a recording in progress is authorized or |
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required. |
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Sec. 773.305. USE OF PERSONAL EQUIPMENT. On-duty emergency |
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medical services personnel who are providing emergency medical |
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services for an emergency medical services provider: |
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(1) may only use a body worn camera that is issued and |
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maintained by the provider; and |
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(2) may not use a privately owned body worn camera or |
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other recording device while providing those services. |
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Sec. 773.306. OPEN RECORDS EXCEPTION; REQUEST FOR ATTORNEY |
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GENERAL DECISION. (a) The following portions of a body worn camera |
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recording are not public information and are not subject to |
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disclosure under Chapter 552, Government Code: |
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(1) any portion of a recording that contains protected |
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health information; or |
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(2) any portion of a recording that portrays the |
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inside of a home or personal motor vehicle, unless the owner of the |
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home or motor vehicle consents to the disclosure. |
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(b) Notwithstanding Section 552.301(b), Government Code, a |
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request by a governmental entity that directly operates an |
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emergency medical services provider or by a private emergency |
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medical services provider that is subject to Chapter 552, |
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Government Code, for a decision from the attorney general about |
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whether a requested body worn camera recording that is not excepted |
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from public disclosure under Subsection (a) falls within another |
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exception to public disclosure is considered timely if made not |
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later than the 20th business day after the date of receipt of the |
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written request. |
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(c) Notwithstanding Section 552.301(d), Government Code, |
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the governmental entity's or private provider's response to a |
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requestor regarding a requested body worn camera recording is |
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considered timely if made not later than the 20th business day after |
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the date of receipt of the written request. |
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(d) Notwithstanding Section 552.301(e), Government Code, |
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the governmental entity's or private provider's submission to the |
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attorney general of the information required by that subsection |
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regarding a requested body worn camera recording is considered |
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timely if made not later than the 25th business day after the date |
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of receipt of the written request. |
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(e) Notwithstanding Section 552.301(e-1), Government Code, |
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the governmental entity's or private provider's submission to a |
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requestor of the information required by that subsection regarding |
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a requested body worn camera recording is considered timely if made |
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not later than the 25th business day after the date of receipt of |
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the written request. |
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SECTION 2. This Act takes effect September 1, 2021. |