Texas 2021 - 87th Regular

Texas House Bill HB1989 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R1818 SCL-D
2	2	By: Thierry H.B. No. 1989
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the state reserve of personal protective equipment for
8	8	health care workers and essential personnel.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 81, Health and Safety Code, is amended by
11	11	adding Subchapter K to read as follows:
12	12	SUBCHAPTER K. PERSONAL PROTECTIVE EQUIPMENT RESERVE
13	13	Sec. 81.451. DEFINITIONS. In this subchapter:
14	14	(1) "Advisory committee" means the Personal
15	15	Protective Equipment Reserve Advisory Committee established under
16	16	Section 81.454. This subdivision expires September 1, 2023.
17	17	(2) "Essential personnel" means:
18	18	(A) government employees or personnel at a
19	19	primary or secondary school, a child-care facility defined by
20	20	Section 42.002, Human Resources Code, or a corrections facility
21	21	defined by Section 89.101, who are expected to continue working
22	22	through a public health disaster or other public health emergency;
23	23	or
24	24	(B) personnel the executive commissioner
25	25	considers vital to public health and safety or economic and
26	26	national security.
27	27	(3) "Health care worker" means any individual who
28	28	provides health care services to patients or provides support
29	29	services to those health care providers, including physicians,
30	30	pharmacists, dentists, clinicians, nurses, aides, technicians,
31	31	janitorial and housekeeping staff, food service workers, and
32	32	nonmanagerial administrative staff.
33	33	(4) "Personal protective equipment" means specialized
34	34	clothing or equipment, including masks, gloves, and gowns, worn for
35	35	protection against infectious materials.
36	36	(5) "Reserve" means the personal protective equipment
37	37	reserve established and maintained under this subchapter.
38	38	Sec. 81.452. ESTABLISHMENT AND MAINTENANCE OF RESERVE. The
39	39	department, in coordination with other relevant state agencies,
40	40	shall establish and maintain a reserve of personal protective
41	41	equipment for use by health care workers and essential personnel
42	42	during a public health disaster or other public health emergency.
43	43	The reserve must maintain at least a 90-day supply of the equipment.
44	44	Sec. 81.453. MANAGEMENT OF RESERVE. (a) The executive
45	45	commissioner by rule shall establish guidelines for the
46	46	procurement, storage, and distribution of the reserve's personal
47	47	protective equipment.
48	48	(b) At a minimum, the executive commissioner, when adopting
49	49	rules under this section, must consider:
50	50	(1) the types of personal protective equipment that
51	51	may be required during a public health disaster or other public
52	52	health emergency;
53	53	(2) the length of time each type of personal
54	54	protective equipment in the reserve remains usable and the
55	55	procedures for restocking a portion of each type of equipment to
56	56	ensure the reserve includes only unexpired equipment;
57	57	(3) the amount of each type of personal protective
58	58	equipment required to supply all health care workers and essential
59	59	personnel in this state with the equipment for 90 days during a
60	60	public health disaster or other public health emergency;
61	61	(4) successes and failures during previous public
62	62	health disasters and other public health emergencies in this state,
63	63	including successes and failures regarding procurement, storage,
64	64	or distribution of personal protective equipment;
65	65	(5) guidance on defining essential personnel based on
66	66	different potential hazards;
67	67	(6) geographical distribution of personal protective
68	68	equipment;
69	69	(7) guidance on establishing policies and standards
70	70	regarding the reserve's surge capacity to ensure health care
71	71	workers and essential personnel have access to an adequate supply
72	72	of personal protective equipment during a public health disaster or
73	73	other public health emergency;
74	74	(8) the policies and funding required for this state
75	75	to establish a reserve; and
76	76	(9) the distribution prioritization if the supply of
77	77	personal protective equipment is insufficient to meet the needs of
78	78	health care workers and essential personnel requesting equipment
79	79	from the reserve, including considering whether the requestor is:
80	80	(A) located in an area with a high density of
81	81	low-income residents;
82	82	(B) located in or disproportionately serves a
83	83	medically underserved area as designated by the United States
84	84	Department of Health and Human Services; and
85	85	(C) located in a county with a high infection
86	86	rate or high hospitalization rate related to a public health
87	87	disaster or public health emergency.
88	88	(b-1) In adopting rules under this section, the executive
89	89	commissioner shall consider the recommendations of the advisory
90	90	committee. This subsection expires September 1, 2023.
91	91	(c) The guidelines for personal protective equipment
92	92	standards adopted under this section may not be less protective or
93	93	stringent than federal, state, or local guidelines on personal
94	94	protective equipment.
95	95	Sec. 81.454. ADVISORY COMMITTEE. (a) The department shall
96	96	establish the Personal Protective Equipment Reserve Advisory
97	97	Committee composed of the following members appointed by the
98	98	executive commissioner:
99	99	(1) one representative of an association representing
100	100	different types of hospitals and health systems;
101	101	(2) one representative of an association representing
102	102	nursing facilities;
103	103	(3) one representative of an association representing
104	104	primary care clinics;
105	105	(4) one representative of a statewide association
106	106	representing physicians;
107	107	(5) two representatives of labor organizations that
108	108	represent health care workers;
109	109	(6) two representatives of labor organizations that
110	110	represent essential personnel;
111	111	(7) one representative from the personal protective
112	112	equipment manufacturing industry;
113	113	(8) one consumer representative;
114	114	(9) one representative from an association
115	115	representing counties;
116	116	(10) one representative from the department;
117	117	(11) one representative from the Texas Division of
118	118	Emergency Management; and
119	119	(12) one representative from the commission.
120	120	(b) The advisory committee shall make recommendations to
121	121	the executive commissioner as necessary to develop the rules
122	122	required under Section 81.453.
123	123	(c) This section expires and the advisory committee is
124	124	abolished September 1, 2023.
125	125	SECTION 2. (a) The Department of State Health Services
126	126	shall establish the personal protective equipment reserve as
127	127	required by Section 81.452, Health and Safety Code, as added by this
128	128	Act, not later than September 1, 2022.
129	129	(b) The executive commissioner of the Health and Human
130	130	Services Commission shall adopt rules necessary to implement
131	131	Section 81.453, Health and Safety Code, as added by this Act, not
132	132	later than September 1, 2022.
133	133	(c) As soon as practicable after the effective date of this
134	134	Act, the executive commissioner of the Health and Human Services
135	135	Commission shall appoint members to the Personal Protective
136	136	Equipment Reserve Advisory Committee established under Section
137	137	81.454, Health and Safety Code, as added by this Act.
138	138	SECTION 3. This Act takes effect immediately if it receives
139	139	a vote of two-thirds of all the members elected to each house, as
140	140	provided by Section 39, Article III, Texas Constitution. If this
141	141	Act does not receive the vote necessary for immediate effect, this
142	142	Act takes effect September 1, 2021.