By: Creighton  S.B. No. 1386
         (In the Senate - Filed March 10, 2021; March 18, 2021, read
  first time and referred to Committee on Health & Human Services;
  May 10, 2021, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; May 10, 2021,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1386 By:  Seliger
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to a body worn camera program for emergency medical
  personnel.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 773, Health and Safety Code, is amended
  by adding Subchapter J to read as follows:
  SUBCHAPTER J. BODY WORN CAMERA PROGRAM
         Sec. 773.301.  DEFINITION. In this subchapter, "body worn
  camera" means a recording device that is:
               (1)  capable of recording, or transmitting to be
  recorded remotely, video or video and audio; and
               (2)  worn on the person of emergency medical services
  personnel, which includes being worn as an attachment to the
  person's clothing or as glasses.
         Sec. 773.302.  BODY WORN CAMERA POLICY. (a)  An emergency
  medical services provider that elects to operate a body worn camera
  program shall adopt a policy for the use of body worn cameras by
  emergency medical services personnel who provide emergency medical
  services for the provider.
         (b)  The policy must:
               (1)  comply with all state and federal laws governing
  video recordings, records retention, and protected health
  information, including Chapter 181 and the Health Insurance
  Portability and Accountability Act of 1996 (Pub. L. No. 104-191);
  and
               (2)  ensure emergency medical services personnel
  activate a body worn camera only for a legitimate emergency medical
  services purpose.
         (c)  The policy must include:
               (1)  guidelines for the circumstances in which
  emergency medical services personnel are authorized or required to
  activate a camera or discontinue a recording in progress,
  considering the need for privacy in certain situations and at
  certain locations;
               (2)  provisions on data retention and automatic
  expungements, including retention of recordings preserved for use
  as part of the patient care record or quality improvement
  processes;
               (3)  provisions on storage of video and audio
  recordings, backup copies of the recordings, and maintenance of
  data security;
               (4)  guidelines on use of and public access to
  recordings, including on:
                     (A)  maintaining confidentiality of recordings
  that contain protected health information and the restricted use of
  and prohibited public access to the portion of those recordings
  that contains protected health information; and
                     (B)  prohibiting public access to any portion of a
  recording that portrays the inside of a home or personal motor
  vehicle unless the owner of the home or motor vehicle consents to
  the disclosure;
               (5)  provisions entitling personnel and persons
  receiving emergency medical services to access a recording of an
  incident involving the personnel or persons;
               (6)  procedures for supervisory or internal review; and
               (7)  provisions on handling equipment and documenting
  malfunctions of equipment.
         (d)  A policy adopted under this section may not require
  emergency medical services personnel to activate a body worn camera
  during an entire work shift.
         Sec. 773.303.  TRAINING. Before an emergency medical
  services provider may operate a body worn camera program, the
  provider must provide training to:
               (1)  emergency medical services personnel who will wear
  the body worn cameras while providing emergency medical services
  for the provider; and
               (2)  any other personnel who will have any access to
  video and audio recordings obtained by the provider from the use of
  body worn cameras.
         Sec. 773.304.  RECORDING INTERACTIONS WITH PUBLIC.
  Emergency medical services personnel providing emergency medical
  services for an emergency medical services provider while equipped
  with a body worn camera shall act in a manner consistent with the
  provider's policy in circumstances in which activating a body worn
  camera or discontinuing a recording in progress is authorized or
  required.
         Sec. 773.305.  USE OF PERSONAL EQUIPMENT. On-duty emergency
  medical services personnel who are providing emergency medical
  services for an emergency medical services provider:
               (1)  may only use a body worn camera that is issued and
  maintained by the provider; and
               (2)  may not use a privately owned body worn camera or
  other recording device while providing those services.
         Sec. 773.306.  OPEN RECORDS EXCEPTION; REQUEST FOR ATTORNEY
  GENERAL DECISION. (a) The following portions of a body worn camera
  recording are not public information and are not subject to
  disclosure under Chapter 552, Government Code:
               (1)  any portion of a recording that contains protected
  health information; or
               (2)  any portion of a recording that portrays the
  inside of a home or personal motor vehicle, unless the owner of the
  home or motor vehicle consents to the disclosure.
         (b)  Notwithstanding Section 552.301(b), Government Code, a
  request by a governmental entity that directly operates an
  emergency medical services provider or by a private emergency
  medical services provider that is subject to Chapter 552,
  Government Code, for a decision from the attorney general about
  whether a requested body worn camera recording that is not excepted
  from public disclosure under Subsection (a) falls within another
  exception to public disclosure is considered timely if made not
  later than the 20th business day after the date of receipt of the
  written request.
         (c)  Notwithstanding Section 552.301(d), Government Code,
  the governmental entity's or private provider's response to a
  requestor regarding a requested body worn camera recording is
  considered timely if made not later than the 20th business day after
  the date of receipt of the written request.
         (d)  Notwithstanding Section 552.301(e), Government Code,
  the governmental entity's or private provider's submission to the
  attorney general of the information required by that subsection
  regarding a requested body worn camera recording is considered
  timely if made not later than the 25th business day after the date
  of receipt of the written request.
         (e)  Notwithstanding Section 552.301(e-1), Government Code,
  the governmental entity's or private provider's submission to a
  requestor of the information required by that subsection regarding
  a requested body worn camera recording is considered timely if made
  not later than the 25th business day after the date of receipt of
  the written request.
         SECTION 2.  This Act takes effect September 1, 2021.
 
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