83R4635 KKR-D By: Schwertner S.B. No. 830 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 medical service" means a health care service that is initiated by a physician to provide patient assessment, diagnosis, consultation, or treatment or to transfer medical data 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 designated as a level IV trauma facility and located in a county with a population of less than 50,000 may provide medical care to patients through the use of telemedicine medical services provided by an on-call physician who has special competence in the care of critically injured patients. (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 described by Subsection (b) and may not prohibit the use of telemedicine medical services that meet 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 level IV trauma facility located in a county with a population of less than 50,000 may only use telemedicine medical services for the purposes authorized by that section 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.