82R3349 SJM-D
By: Harper-Brown H.B. No. 1015
A BILL TO BE ENTITLED
AN ACT
relating to the consolidation of the regional poison control
centers into the Texas Poison Control Center.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 777, Health and Safety
Code, is amended to read as follows:
CHAPTER 777. TEXAS [REGIONAL] POISON CONTROL CENTER [CENTERS]
SECTION 2. Sections 777.001 through 777.008, Health and
Safety Code, are amended to read as follows:
Sec. 777.001. TEXAS [REGIONAL] POISON CONTROL CENTER
[CENTERS]. (a) In this chapter:
(1) "Center" means the Texas Poison Control Center
established under Subsection (b).
(2) "Coordinating committee" means the coordinating
committee on poison control established under Section 777.008.
(b) The Texas Poison Control Center is established. The
coordinating committee shall determine a geographical location in
this state for the center and may designate one or more medical
facilities in this state to be affiliated with the center.
(c) [Six regional centers for poison control are designated
as the regional poison control centers for the state as follows:
[(1) The University of Texas Medical Branch at
Galveston;
[(2) the Dallas County Hospital District/North Texas
Poison Center;
[(3) The University of Texas Health Science Center at
San Antonio;
[(4) the University Medical Center of El Paso, El Paso
County Hospital District;
[(5) the Texas Tech University Health Sciences Center
at Amarillo; and
[(6) Scott and White Memorial Hospital, Temple, Texas.
[(b)] The center [poison control centers] shall coordinate
poison control activities in this [within the designated health and
human services regions for the] state. [The Commission on State
Emergency Communications shall adopt rules designating the region
for each poison control center.] The Commission on State Emergency
Communications may adopt rules permitting the center [poison
control centers] to provide [services for regions served by other
poison control centers in this state as necessary to maximize
efficient use of resources and provide] appropriate services
throughout this state [in each region].
[(c) The Commission on State Emergency Communications may
vote to designate a seventh regional or satellite poison control
center in Harris County. That poison control center is subject to
all provisions of this chapter and other law relating to regional
poison control centers.]
Sec. 777.002. TELEPHONE SERVICES. (a) The [A poison
control] center [established by this chapter] shall provide a
24-hour toll-free telephone referral and information service for
the public and health care professionals according to the
requirements of the American Association of Poison Control Centers.
(b) Each public safety answering point, as that term is
defined by Section 771.001, shall have direct telephone access to
the [at least one poison control] center. Poison [Regional poison]
information services may be available directly from the center [for
the region or from another poison control center] but shall be
available through all 9-1-1 services [in the region], as the term
"9-1-1 service" is defined by Section 771.001, throughout the
state. The 9-1-1 service calls pertaining to poisonings may be
routed to a poison control answering site, if possible, if the
routing does not adversely affect the immediate availability of
poisoning management services.
(c) The [A poison control] center shall ensure that poison
control activities in this state [within the designated region]
meet the criteria established by the American Association of Poison
Control Centers. The [A] center may meet the criteria directly or
may affiliate with other poison control centers or poison treatment
facilities in other states, if necessary [possible]. The [A]
center shall ensure that treatment facilities and services are
available in this state [within the region] and shall identify and
make available to the public and to appropriate health
professionals information concerning analytical toxicology,
emergency and critical care, and extracorporeal capabilities in
this state [within the region].
Sec. 777.003. COMMUNITY PROGRAMS AND ASSISTANCE. (a) The
[A poison control] center shall provide:
(1) community education programs on poison prevention
methods to inform the public, such as presentations to persons
attending a primary or secondary school, a parent-teacher
association meeting, an employee safety meeting at an industrial
company, or other interested groups;
(2) information and education to health professionals
involved in the management of poison and overdose victims,
including information regarding appropriate therapeutic use of
medications, their compatibility and stability, and adverse drug
reactions and interactions;
(3) professional and technical assistance to state
agencies requesting toxicologic assistance; and
(4) consultation services concerning medical
toxicology, for which a fee may be charged in an amount set by the
institution in which the center is located to cover the costs of the
service.
(b) The center shall develop an objective evaluation
process for community education programs on poison prevention
methods provided under Subsection (a)(1) and use the evaluation
process to design and update as necessary a standardized program
model for use throughout this state.
Sec. 777.004. STAFF. (a) The [A poison control] center
[established under this chapter] shall use physicians,
pharmacists, nurses, other professionals, and support personnel
trained in various aspects of toxicology and poison control and
prevention.
(b) The [A poison control] center shall make available
resources, if possible, to accommodate persons who do not speak
English.
Sec. 777.005. RESEARCH PROGRAMS. (a) The [A poison
control] center may conduct a toxicology poison treatment research
program to improve treatments for poisoning victims and to reduce
the severity of injuries from poisonings.
(b) The [A poison control] center may accept grants or
contributions from public or private sources to be used for
research.
Sec. 777.006. INFORMATION AT BIRTH. The Commission on
State Emergency Communications shall assist the center [regional
poison control centers] in providing informational packets on
poison prevention to parents of newborns.
Sec. 777.007. STATE LIABILITY. The state shall indemnify
the [a poison control] center and an employee of the [a poison
control] center under Chapter 104, Civil Practice and Remedies
Code.
Sec. 777.008. COORDINATING COMMITTEE. (a) The
coordinating committee on poison control shall coordinate the
activities of the center [regional poison control centers
designated under Section 777.001(a)] and advise the Commission on
State Emergency Communications.
(b) The committee is composed of:
(1) one public member appointed by the Commission on
State Emergency Communications;
(2) six members who represent the center [six regional
poison control centers, one] appointed by the chief executive
officer of the [each] center;
(3) one member appointed by the commissioner of the
Department of State Health Services; and
(4) one member who is a health care professional
designated as the poison control program coordinator appointed
by the Commission on State Emergency Communications.
SECTION 3. Sections 777.009(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) The Commission on State Emergency Communications shall
establish a program to award grants to fund the center [regional
poison control centers].
(b) The Commission on State Emergency Communications shall
adopt rules to establish criteria for awarding the grants. The
rules must require the agency to consider:
(1) the need [of the region based on population
served] for poison control services in this state and the extent to
which the grant would meet the identified need;
(2) the assurance of providing quality services;
(3) the availability of other funding sources;
(4) achieving or maintaining certification as a poison
control center with the American Association of Poison Control
Centers;
(5) maintenance of effort; and
(6) the development or existence of
telecommunications systems.
SECTION 4. The heading to Section 777.010, Health and
Safety Code, is amended to read as follows:
Sec. 777.010. OUT-OF-STATE [OUT-OF-REGION] SERVICES;
SERVICES FOR PRIVATE ENTITIES.
SECTION 5. Sections 777.010(b) and (c), Health and Safety
Code, are amended to read as follows:
(b) The Commission on State Emergency Communications shall
contract with the center [one or more regional poison control
centers] to provide the services required under a contract entered
into under Subsection (a). The commission may not enter into a
contract under this subsection if, in the opinion of the
commission, the [regional poison control] center's performance of
the contract would result in a diminishment in the services
provided in this state [the region].
(c) A contract described by Subsection (a) must recover the
cost of providing the services and may include a reasonable
additional amount to support the center's [poison control center]
services in this state. Revenue from a contract described by
Subsection (a) must be deposited to the credit of the [regional]
poison control services account.
SECTION 6. Section 777.011, Health and Safety Code, is
amended to read as follows:
Sec. 777.011. [REGIONAL] POISON CONTROL SERVICES
ACCOUNT. The [regional] poison control services account is an
account in the general revenue fund. The account is composed of
money deposited to the account under Section 777.010(c). Money in
the account may be appropriated only to the Commission on State
Emergency Communications:
(1) for administration of and payment for contracts
entered into under Section 777.010(b); and
(2) to fund grants awarded under Section 777.009.
SECTION 7. Sections 777.012(b) and (c), Health and Safety
Code, are amended to read as follows:
(b) A service provider shall furnish to the [a poison
control] center for each call to an emergency line of the center the
telephone number of the subscribers and the address associated with
the number.
(c) Information furnished to the [a poison control] center
under this section is confidential and is not available for public
inspection. Information contained in an address database used to
provide the number or location identification information under
this section is confidential and is not available for public
inspection. The service provider or a third party that maintains an
address database is not liable to any person for the release of
information furnished by the service provider or third party in
providing number or location identification information under this
section, unless the act or omission proximately causing the claim,
damage, or loss constitutes gross negligence, recklessness, or
intentional misconduct.
SECTION 8. Sections 777.013(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) The Department of State Health Services, on request of
the Commission on State Emergency Communications, shall provide
epidemiological support to the center [regional poison control
centers under this chapter] to:
(1) maximize the use of data collected by the center
[poison control network];
(2) assist the center [regional poison control
centers] with quality control and quality assurance;
(3) assist with research; and
(4) coordinate poison control activities with other
public health activities.
(b) The [Each regional poison control] center shall provide
the Department of State Health Services with access to all data and
information collected by the [regional poison control] center for
public health activities and epidemiological and toxicological
investigations.
SECTION 9. Section 241.153, Health and Safety Code, is
amended to read as follows:
Sec. 241.153. DISCLOSURE WITHOUT WRITTEN AUTHORIZATION. A
patient's health care information may be disclosed without the
patient's authorization if the disclosure is:
(1) directory information, unless the patient has
instructed the hospital not to make the disclosure or the directory
information is otherwise protected by state or federal law;
(2) to a health care provider who is rendering health
care to the patient when the request for the disclosure is made;
(3) to a transporting emergency medical services
provider for the purpose of:
(A) treatment or payment, as those terms are
defined by the regulations adopted under the Health Insurance
Portability and Accountability Act of 1996 (Pub. L. No. 104-191);
or
(B) the following health care operations
described by the regulations adopted under the Health Insurance
Portability and Accountability Act of 1996 (Pub. L. No. 104-191):
(i) quality assessment and improvement
activities;
(ii) specified insurance functions;
(iii) conducting or arranging for medical
reviews; or
(iv) competency assurance activities;
(4) to a member of the clergy specifically designated
by the patient;
(5) to a procurement organization as defined in
Section 692A.002 for the purpose of making inquiries relating to
donations according to the protocol referred to in Section
692A.015;
(6) to a prospective health care provider for the
purpose of securing the services of that health care provider as
part of the patient's continuum of care, as determined by the
patient's attending physician;
(7) to a person authorized to consent to medical
treatment under Chapter 313 or to a person in a circumstance
exempted from Chapter 313 to facilitate the adequate provision of
treatment;
(8) to an employee or agent of the hospital who
requires health care information for health care education, quality
assurance, or peer review or for assisting the hospital in the
delivery of health care or in complying with statutory, licensing,
accreditation, or certification requirements and if the hospital
takes appropriate action to ensure that the employee or agent:
(A) will not use or disclose the health care
information for any other purpose; and
(B) will take appropriate steps to protect the
health care information;
(9) to a federal, state, or local government agency or
authority to the extent authorized or required by law;
(10) to a hospital that is the successor in interest to
the hospital maintaining the health care information;
(11) to the American Red Cross for the specific
purpose of fulfilling the duties specified under its charter
granted as an instrumentality of the United States government;
(12) to the Texas Poison Control Center established
under [a regional poison control center, as the term is used in]
Chapter 777, to the extent necessary to enable the center to provide
information and education to health professionals involved in the
management of poison and overdose victims, including information
regarding appropriate therapeutic use of medications, their
compatibility and stability, and adverse drug reactions and
interactions;
(13) to a health care utilization review agent who
requires the health care information for utilization review of
health care under Chapter 4201, Insurance Code;
(14) for use in a research project authorized by an
institutional review board under federal law;
(15) to health care personnel of a penal or other
custodial institution in which the patient is detained if the
disclosure is for the sole purpose of providing health care to the
patient;
(16) to facilitate reimbursement to a hospital, other
health care provider, or the patient for medical services or
supplies;
(17) to a health maintenance organization for purposes
of maintaining a statistical reporting system as required by a rule
adopted by a state agency or regulations adopted under the federal
Health Maintenance Organization Act of 1973, as amended (42 U.S.C.
Section 300e et seq.);
(18) to satisfy a request for medical records of a
deceased or incompetent person pursuant to Section 74.051(e), Civil
Practice and Remedies Code;
(19) to comply with a court order except as provided by
Subdivision (20); or
(20) related to a judicial proceeding in which the
patient is a party and the disclosure is requested under a subpoena
issued under:
(A) the Texas Rules of Civil Procedure or Code of
Criminal Procedure; or
(B) Chapter 121, Civil Practice and Remedies
Code.
SECTION 10. Section 771.051(a), Health and Safety Code, is
amended to read as follows:
(a) The commission is the state's authority on emergency
communications. The commission shall:
(1) administer the implementation of statewide 9-1-1
service and the poison control network, including the Texas Poison
Control Center established [poison control centers] under Chapter
777;
(2) develop minimum performance standards for
equipment and operation of 9-1-1 service to be followed in
developing regional plans under Section 771.055, including
requirements that the plans provide for:
(A) automatic number identification by which the
telephone number of the caller is automatically identified at the
public safety answering point receiving the call; and
(B) other features the commission considers
appropriate;
(3) examine and approve or disapprove regional plans
as provided by Section 771.056;
(4) recommend minimum training standards, assist in
training, and provide assistance in the establishment and operation
of 9-1-1 service;
(5) allocate money to prepare and operate regional
plans as provided by Section 771.056;
(6) develop and provide public education materials and
training;
(7) plan, implement, operate, and maintain poison
control center databases and assist in planning, supporting, and
facilitating 9-1-1 databases, as needed;
(8) provide grants or contracts for services that
enhance the effectiveness of 9-1-1 service;
(9) coordinate emergency communications services and
providers;
(10) make reasonable efforts to gain voluntary
cooperation in the commission's activities of emergency
communications authorities and providers outside the commission's
jurisdiction, including:
(A) making joint communications to state and
federal regulators; and
(B) arranging cooperative purchases of equipment
or services; and
(11) accept, receive, and deposit in its account in
the general revenue fund gifts, grants, and royalties from public
and private entities. Gifts, grants, and royalties may be used for
the purposes of the commission.
SECTION 11. Sections 771.072(e) and (f), Health and Safety
Code, are amended to read as follows:
(e) From the revenue received from the surcharge imposed by
this section, the amount derived from the application of the
surcharge at a rate of not more than .8 percent shall be
periodically allocated to fund grants awarded under Section 777.009
and other activities related to the Texas Poison Control Center
[poison control centers] as required by Chapter 777.
(f) The comptroller shall deposit the surcharges and any
prior balances in accounts in the general revenue fund in the state
treasury until they are allocated to regional planning commissions,
other 9-1-1 jurisdictions, and the Texas Poison Control Center
[regional poison control centers] in accordance with this section.
From those accounts, the amount necessary for the commission to
fund approved plans of regional planning commissions and the Texas
Poison Control Center [regional poison control centers] and to
carry out its duties under this chapter shall be appropriated to the
commission. Section 403.095, Government Code, does not apply to an
account established by this subsection.
SECTION 12. Section 153.015, Occupations Code, is amended
to read as follows:
Sec. 153.015. POISON CONTROL CENTER INFORMATION. The board
shall provide to license holders information regarding the services
provided by the Texas Poison Control Center [poison control
centers].
SECTION 13. Section 202.161, Occupations Code, is amended
to read as follows:
Sec. 202.161. POISON CONTROL CENTER INFORMATION. The board
shall provide to license holders information regarding the services
provided by the Texas Poison Control Center [poison control
centers].
SECTION 14. Section 254.017, Occupations Code, is amended
to read as follows:
Sec. 254.017. POISON CONTROL CENTER INFORMATION. The board
shall provide to license holders information regarding the services
provided by the Texas Poison Control Center [poison control
centers].
SECTION 15. Section 301.1582, Occupations Code, is amended
to read as follows:
Sec. 301.1582. POISON CONTROL CENTER INFORMATION. The
board shall provide to license holders information regarding the
services provided by the Texas Poison Control Center [poison
control centers].
SECTION 16. Section 351.167, Occupations Code, is amended
to read as follows:
Sec. 351.167. POISON CONTROL CENTER INFORMATION. The board
shall provide to license holders information regarding the services
provided by the Texas Poison Control Center [poison control
centers].
SECTION 17. Section 554.015, Occupations Code, is amended
to read as follows:
Sec. 554.015. POISON CONTROL CENTER INFORMATION. The board
shall provide to license holders information regarding the services
provided by the Texas Poison Control Center [poison control
centers].
SECTION 18. (a) Not later than March 1, 2012, the
Commission on State Emergency Communications shall consolidate the
six regional poison control centers in this state into and
establish the Texas Poison Control Center, as required by Section
777.001, Health and Safety Code, as amended by this Act, at the
geographical location determined by the coordinating committee on
poison control. On that date, the regional poison control centers
are abolished and the powers, duties, obligations, rights,
contracts, records, personnel, property, and unspent
appropriations of the six regional poison control centers in this
state are transferred to the Texas Poison Control Center.
(b) The rules of the regional poison control centers in this
state are continued in effect as rules of the Texas Poison Control
Center until superseded by rule.
(c) Notwithstanding the changes in law made by this Act,
until the date the Commission on State Emergency Communications
consolidates the six regional poison control centers as provided by
this section, the regional poison control centers shall continue to
operate and provide services under the law that governed the
centers before the effective date of this Act, and the prior law is
continued in effect for that purpose.
(d) As soon as practicable after the date the Texas Poison
Control Center is established as provided by this section, the
chief executive officer of the center shall appoint six members who
represent the center to the coordinating committee on poison
control established by Section 777.008, Health and Safety Code, as
amended by this Act. The members serving on the coordinating
committee as representatives of the six regional poison control
centers immediately before the effective date of this Act shall
continue to serve on the coordinating committee until the date the
chief executive officer appoints members who represent the center
as required by this subsection.
SECTION 19. (a) Not later than March 1, 2012, the
coordinating committee on poison control established by Section
777.008, Health and Safety Code, as amended by this Act, shall
determine a geographical location for the Texas Poison Control
Center, as required by Section 777.001(b), Health and Safety Code,
as amended by this Act.
(b) Not later than March 1, 2013, the Texas Poison Control
Center established under Section 777.001, Health and Safety Code,
as amended by this Act, shall design the initial standardized
program model for community education programs as required by
Section 777.003(b), Health and Safety Code, as added by this Act.
SECTION 20. This Act takes effect September 1, 2011.