By: Schwertner S.B. No. 830
(In the Senate - Filed February 26, 2013; March 5, 2013,
read first time and referred to Committee on Health and Human
Services; April 15, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 0;
April 15, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 830 By: Schwertner
A BILL TO BE ENTITLED
AN ACT
relating to use of telemedicine in certain trauma facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 773, Health and Safety
Code, is amended by adding Section 773.1151 to read as follows:
Sec. 773.1151. USE OF TELEMEDICINE BY CERTAIN TRAUMA
FACILITIES. (a) In this section, "telemedicine" means a health
care service that is initiated by a physician, advanced practice
nurse, or physician assistant and that requires the use of advanced
telecommunications technology, other than telephone or facsimile
technology, including:
(1) compressed digital interactive video, audio, or
data transmission;
(2) clinical data transmission using computer imaging
by way of still-image capture and store and forward; and
(3) other technology that facilitates access to health
care services or medical specialty expertise.
(b) A health care facility located in a county with a
population of less than 50,000 may use telemedicine to satisfy a
level IV trauma facility designation requirement relating to
physicians if an on-call physician who has special competence in
the care of critically injured patients uses telemedicine to
provide patient assessment, diagnosis, consultation, or treatment
or to transfer medical data to a physician, advanced practice
nurse, or physician assistant located at the facility.
(c) Department rules may not, as part of the requirements
for designation of the facility as a level IV trauma facility,
require the physical presence or physical availability of a
physician who has special competence in the care of critically
injured patients and may not prohibit the use of telemedicine that
meets the requirements of Subsection (b).
SECTION 2. The executive commissioner of the Health and
Human Services Commission shall adopt rules to implement Section
773.1151, Health and Safety Code, as added by this Act, not later
than December 1, 2013.
SECTION 3. Notwithstanding Section 773.1151, Health and
Safety Code, as added by this Act, a health care facility located in
a county with a population of less than 50,000 may use telemedicine
to satisfy a level IV trauma facility designation requirement only
on or after January 1, 2014.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.
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