Texas 2021 - 87th Regular

Texas Senate Bill SB1386 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Creighton S.B. No. 1386
	2	+	(In the Senate - Filed March 10, 2021; March 18, 2021, read
	3	+	first time and referred to Committee on Health & Human Services;
	4	+	May 10, 2021, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 9, Nays 0; May 10, 2021,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1386 By: Seliger
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to a body worn camera program for emergency medical
7	14		personnel.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		SECTION 1. Chapter 773, Health and Safety Code, is amended
10	17		by adding Subchapter J to read as follows:
11	18		SUBCHAPTER J. BODY WORN CAMERA PROGRAM
12	19		Sec. 773.301. DEFINITION. In this subchapter, "body worn
13	20		camera" means a recording device that is:
14	21		(1) capable of recording, or transmitting to be
15	22		recorded remotely, video or video and audio; and
16	23		(2) worn on the person of emergency medical services
17	24		personnel, which includes being worn as an attachment to the
18	25		person's clothing or as glasses.
19	26		Sec. 773.302. BODY WORN CAMERA POLICY. (a) An emergency
20	27		medical services provider that elects to operate a body worn camera
21	28		program shall adopt a policy for the use of body worn cameras by
22	29		emergency medical services personnel who provide emergency medical
23	30		services for the provider.
24	31		(b) The policy must:
25	32		(1) comply with all state and federal laws governing
26	33		video recordings, records retention, and protected health
27	34		information, including Chapter 181 and the Health Insurance
28	35		Portability and Accountability Act of 1996 (Pub. L. No. 104-191);
29	36		and
30	37		(2) ensure emergency medical services personnel
31	38		activate a body worn camera only for a legitimate emergency medical
32	39		services purpose.
33	40		(c) The policy must include:
34	41		(1) guidelines for the circumstances in which
35	42		emergency medical services personnel are authorized or required to
36	43		activate a camera or discontinue a recording in progress,
37	44		considering the need for privacy in certain situations and at
38	45		certain locations;
39	46		(2) provisions on data retention and automatic
40	47		expungements, including retention of recordings preserved for use
41	48		as part of the patient care record or quality improvement
42	49		processes;
43	50		(3) provisions on storage of video and audio
44	51		recordings, backup copies of the recordings, and maintenance of
45	52		data security;
46	53		(4) guidelines on use of and public access to
47	54		recordings, including on:
48	55		(A) maintaining confidentiality of recordings
49	56		that contain protected health information and the restricted use of
50	57		and prohibited public access to the portion of those recordings
51	58		that contains protected health information; and
52	59		(B) prohibiting public access to any portion of a
53	60		recording that portrays the inside of a home or personal motor
54	61		vehicle unless the owner of the home or motor vehicle consents to
55	62		the disclosure;
56	63		(5) provisions entitling personnel and persons
57	64		receiving emergency medical services to access a recording of an
58	65		incident involving the personnel or persons;
59	66		(6) procedures for supervisory or internal review; and
60	67		(7) provisions on handling equipment and documenting
61	68		malfunctions of equipment.
62	69		(d) A policy adopted under this section may not require
63	70		emergency medical services personnel to activate a body worn camera
64	71		during an entire work shift.
65	72		Sec. 773.303. TRAINING. Before an emergency medical
66	73		services provider may operate a body worn camera program, the
67	74		provider must provide training to:
68	75		(1) emergency medical services personnel who will wear
69	76		the body worn cameras while providing emergency medical services
70	77		for the provider; and
71	78		(2) any other personnel who will have any access to
72	79		video and audio recordings obtained by the provider from the use of
73	80		body worn cameras.
74	81		Sec. 773.304. RECORDING INTERACTIONS WITH PUBLIC.
75	82		Emergency medical services personnel providing emergency medical
76	83		services for an emergency medical services provider while equipped
77	84		with a body worn camera shall act in a manner consistent with the
78	85		provider's policy in circumstances in which activating a body worn
79	86		camera or discontinuing a recording in progress is authorized or
80	87		required.
81	88		Sec. 773.305. USE OF PERSONAL EQUIPMENT. On-duty emergency
82	89		medical services personnel who are providing emergency medical
83	90		services for an emergency medical services provider:
84	91		(1) may only use a body worn camera that is issued and
85	92		maintained by the provider; and
86	93		(2) may not use a privately owned body worn camera or
87	94		other recording device while providing those services.
88	95		Sec. 773.306. OPEN RECORDS EXCEPTION; REQUEST FOR ATTORNEY
89	96		GENERAL DECISION. (a) The following portions of a body worn camera
90	97		recording are not public information and are not subject to
91	98		disclosure under Chapter 552, Government Code:
92	99		(1) any portion of a recording that contains protected
93	100		health information; or
94	101		(2) any portion of a recording that portrays the
95	102		inside of a home or personal motor vehicle, unless the owner of the
96	103		home or motor vehicle consents to the disclosure.
97	104		(b) Notwithstanding Section 552.301(b), Government Code, a
98	105		request by a governmental entity that directly operates an
99	106		emergency medical services provider or by a private emergency
100	107		medical services provider that is subject to Chapter 552,
101	108		Government Code, for a decision from the attorney general about
102	109		whether a requested body worn camera recording that is not excepted
103	110		from public disclosure under Subsection (a) falls within another
104	111		exception to public disclosure is considered timely if made not
105	112		later than the 20th business day after the date of receipt of the
106	113		written request.
107	114		(c) Notwithstanding Section 552.301(d), Government Code,
108	115		the governmental entity's or private provider's response to a
109	116		requestor regarding a requested body worn camera recording is
110	117		considered timely if made not later than the 20th business day after
111	118		the date of receipt of the written request.
112	119		(d) Notwithstanding Section 552.301(e), Government Code,
113	120		the governmental entity's or private provider's submission to the
114	121		attorney general of the information required by that subsection
115	122		regarding a requested body worn camera recording is considered
116	123		timely if made not later than the 25th business day after the date
117	124		of receipt of the written request.
118	125		(e) Notwithstanding Section 552.301(e-1), Government Code,
119	126		the governmental entity's or private provider's submission to a
120	127		requestor of the information required by that subsection regarding
121	128		a requested body worn camera recording is considered timely if made
122	129		not later than the 25th business day after the date of receipt of
123	130		the written request.
124	131		SECTION 2. This Act takes effect September 1, 2021.
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