Texas 2021 87th Regular

Texas House Bill HB4000 Introduced / Bill

Filed 03/11/2021

                    87R2869 JG-D
 By: Huberty H.B. No. 4000


 A BILL TO BE ENTITLED
 AN ACT
 relating to a cardiac arrest registry for information on the
 incidence and causes of cardiac arrest among certain persons;
 providing an administrative penalty.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subtitle D, Title 2, Health and Safety Code, is
 amended by adding Chapter 93A to read as follows:
 CHAPTER 93A. CARDIAC ARREST REGISTRY
 Sec. 93A.001.  DEFINITIONS. In this chapter:
 (1)  "Center" means The University of Texas
 Southwestern Medical Center.
 (2)  "Physician" means an individual licensed to
 practice medicine in this state.
 (3)  "Registry" means the cardiac arrest registry
 established under this chapter.
 Sec. 93A.002.  ESTABLISHMENT AND MAINTENANCE OF REGISTRY.
 (a) The center shall establish and maintain a cardiac arrest
 registry to collect and aggregate information on the incidence and
 causes of cardiac arrest among individuals younger than 36 years of
 age in this state.
 (b)  Not later than the 60th day following the date of death
 of an individual younger than 36 years of age whose death is caused
 by cardiac arrest, the primary physician who attends the
 individual's death shall submit to the center for inclusion in the
 registry information regarding the individual and the death. The
 information must include:
 (1)  the age of the individual;
 (2)  the time and date of the individual's death;
 (3)  a description of the location where and the
 circumstances under which the cardiac arrest occurred;
 (4)  a description of the activity in which the
 individual was engaged at the time the cardiac arrest occurred;
 (5)  a statement on whether the individual was an
 athlete and if an athlete, each sport the individual participated
 in and the level at which the individual participated in each sport;
 (6)  if known by the physician or the individual's
 family, a statement of whether the individual at any time tested
 positive for coronavirus disease (COVID-19); and
 (7)  any other information the center determines
 appropriate.
 Sec. 93A.003.  PHYSICIAN ACCESS TO REGISTRY; ANNUAL REPORT.
 (a) The center shall ensure that information maintained in the
 registry is accessible to physicians who provide medical care to
 student athletes participating in a sport at any level. The
 information must be aggregated and machine-readable in a manner
 that allows a physician described by this subsection to easily
 navigate the information.
 (b)  Not later than September 1 of each even-numbered year,
 the center shall prepare and submit to the legislature a written
 report that summarizes the information submitted to the center for
 inclusion in the registry during the preceding two years.
 Sec. 93A.004.  CONFIDENTIALITY. The center shall ensure
 that information accessible to a physician or submitted to the
 legislature under Section 93A.003 does not disclose an individual's
 personally identifiable information or information that is
 confidential under state or federal law.
 Sec. 93A.005.  ADMINISTRATIVE PENALTY. (a) The Texas
 Medical Board may assess an administrative penalty against a
 physician who violates Section 93A.002. The administrative penalty
 may not exceed $500 for each violation and shall be based on:
 (1)  the history of previous violations;
 (2)  the amount necessary to deter a future violation;
 (3)  the efforts to correct the violation; and
 (4)  any other matter that justice may require.
 (b)  The Texas Medical Board by rule shall establish a
 procedure to collect the administrative penalty. A proceeding to
 impose the administrative penalty is considered a contested case
 under Chapter 2001, Government Code.
 SECTION 2.  As soon as practicable after the effective date
 of this Act, The University of Texas Southwestern Medical Center
 shall establish the cardiac arrest registry as required by Chapter
 93A, Health and Safety Code, as added by this Act.
 SECTION 3.  This Act takes effect September 1, 2021.