1 | 1 | | By: Schwertner S.B. No. 830 |
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2 | 2 | | (In the Senate - Filed February 26, 2013; March 5, 2013, |
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3 | 3 | | read first time and referred to Committee on Health and Human |
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4 | 4 | | Services; April 15, 2013, reported adversely, with favorable |
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5 | 5 | | Committee Substitute by the following vote: Yeas 8, Nays 0; |
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6 | 6 | | April 15, 2013, sent to printer.) |
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7 | 7 | | COMMITTEE SUBSTITUTE FOR S.B. No. 830 By: Schwertner |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | A BILL TO BE ENTITLED |
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11 | 11 | | AN ACT |
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12 | 12 | | relating to use of telemedicine in certain trauma facilities. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Subchapter E, Chapter 773, Health and Safety |
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15 | 15 | | Code, is amended by adding Section 773.1151 to read as follows: |
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16 | 16 | | Sec. 773.1151. USE OF TELEMEDICINE BY CERTAIN TRAUMA |
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17 | 17 | | FACILITIES. (a) In this section, "telemedicine" means a health |
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18 | 18 | | care service that is initiated by a physician, advanced practice |
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19 | 19 | | nurse, or physician assistant and that requires the use of advanced |
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20 | 20 | | telecommunications technology, other than telephone or facsimile |
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21 | 21 | | technology, including: |
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22 | 22 | | (1) compressed digital interactive video, audio, or |
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23 | 23 | | data transmission; |
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24 | 24 | | (2) clinical data transmission using computer imaging |
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25 | 25 | | by way of still-image capture and store and forward; and |
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26 | 26 | | (3) other technology that facilitates access to health |
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27 | 27 | | care services or medical specialty expertise. |
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28 | 28 | | (b) A health care facility located in a county with a |
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29 | 29 | | population of less than 50,000 may use telemedicine to satisfy a |
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30 | 30 | | level IV trauma facility designation requirement relating to |
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31 | 31 | | physicians if an on-call physician who has special competence in |
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32 | 32 | | the care of critically injured patients uses telemedicine to |
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33 | 33 | | provide patient assessment, diagnosis, consultation, or treatment |
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34 | 34 | | or to transfer medical data to a physician, advanced practice |
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35 | 35 | | nurse, or physician assistant located at the facility. |
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36 | 36 | | (c) Department rules may not, as part of the requirements |
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37 | 37 | | for designation of the facility as a level IV trauma facility, |
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38 | 38 | | require the physical presence or physical availability of a |
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39 | 39 | | physician who has special competence in the care of critically |
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40 | 40 | | injured patients and may not prohibit the use of telemedicine that |
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41 | 41 | | meets the requirements of Subsection (b). |
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42 | 42 | | SECTION 2. The executive commissioner of the Health and |
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43 | 43 | | Human Services Commission shall adopt rules to implement Section |
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44 | 44 | | 773.1151, Health and Safety Code, as added by this Act, not later |
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45 | 45 | | than December 1, 2013. |
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46 | 46 | | SECTION 3. Notwithstanding Section 773.1151, Health and |
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47 | 47 | | Safety Code, as added by this Act, a health care facility located in |
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48 | 48 | | a county with a population of less than 50,000 may use telemedicine |
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49 | 49 | | to satisfy a level IV trauma facility designation requirement only |
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50 | 50 | | on or after January 1, 2014. |
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51 | 51 | | SECTION 4. This Act takes effect immediately if it receives |
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52 | 52 | | a vote of two-thirds of all the members elected to each house, as |
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53 | 53 | | provided by Section 39, Article III, Texas Constitution. If this |
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54 | 54 | | Act does not receive the vote necessary for immediate effect, this |
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55 | 55 | | Act takes effect September 1, 2013. |
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56 | 56 | | * * * * * |
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