Texas 2013 83rd Regular

Texas Senate Bill SB830 Introduced / Bill

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                    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.