By: Creighton S.B. No. 1386
A BILL TO BE ENTITLED
AN ACT
relating to a body worn camera program for emergency medical
personnel.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 773, Health and Safety Code, is amended
by adding Subchapter J to read as follows:
SUBCHAPTER J. BODY WORN CAMERA PROGRAM
Sec. 773.301. DEFINITION. In this subchapter, "body worn
camera" means a recording device that is:
(1) capable of recording, or transmitting to be
recorded remotely, video or video and audio; and
(2) worn on the person of emergency medical services
personnel, which includes being worn as an attachment to the
person's clothing or as glasses.
Sec. 773.302. BODY WORN CAMERA POLICY. (a) An emergency
medical services provider that elects to operate a body worn camera
program shall adopt a policy for the use of body worn cameras by
emergency medical services personnel who provide emergency medical
services for the provider.
(b) The policy must:
(1) comply with all state and federal laws governing
video recordings, records retention, and protected health
information, including Chapter 181 and the Health Insurance
Portability and Accountability Act of 1996 (Pub. L. No. 104-191);
and
(2) ensure emergency medical services personnel
activate a body worn camera only for a legitimate emergency medical
services purpose.
(c) The policy must include:
(1) guidelines for the circumstances in which
emergency medical services personnel are authorized or required to
activate a camera or discontinue a recording in progress,
considering the need for privacy in certain situations and at
certain locations;
(2) provisions on data retention and automatic
expungements, including retention of recordings preserved for use
as part of the patient care record or quality improvement
processes;
(3) provisions on storage of video and audio
recordings, backup copies of the recordings, and maintenance of
data security;
(4) guidelines on use of and public access to
recordings, including on:
(A) maintaining confidentiality of recordings
that contain protected health information and the restricted use of
and prohibited public access to the portion of those recordings
that contains protected health information; and
(B) prohibiting public access to any portion of a
recording that portrays the inside of a home or personal motor
vehicle unless the owner of the home or motor vehicle consents to
the disclosure;
(5) provisions entitling personnel and persons
receiving emergency medical services to access a recording of an
incident involving the personnel or persons;
(6) procedures for supervisory or internal review; and
(7) provisions on handling equipment and documenting
malfunctions of equipment.
(d) A policy adopted under this section may not require
emergency medical services personnel to activate a body worn camera
during an entire work shift.
Sec. 773.303. TRAINING. Before an emergency medical
services provider may operate a body worn camera program, the
provider must provide training to:
(1) emergency medical services personnel who will wear
the body worn cameras while providing emergency medical services
for the provider; and
(2) any other personnel who will have any access to
video and audio recordings obtained by the provider from the use of
body worn cameras.
Sec. 773.304. RECORDING INTERACTIONS WITH PUBLIC.
Emergency medical services personnel providing emergency medical
services for an emergency medical services provider while equipped
with a body worn camera shall act in a manner consistent with the
provider's policy in circumstances in which activating a body worn
camera or discontinuing a recording in progress is authorized or
required.
Sec. 773.305. USE OF PERSONAL EQUIPMENT. On-duty emergency
medical services personnel who are providing emergency medical
services for an emergency medical services provider:
(1) may only use a body worn camera that is issued and
maintained by the provider; and
(2) may not use a privately owned body worn camera or
other recording device while providing those services.
Sec. 773.306. OPEN RECORDS EXCEPTION; REQUEST FOR ATTORNEY
GENERAL DECISION. (a) The following portions of a body worn camera
recording are not public information and are not subject to
disclosure under Chapter 552, Government Code:
(1) any portion of a recording that contains protected
health information; or
(2) any portion of a recording that portrays the
inside of a home or personal motor vehicle, unless the owner of the
home or motor vehicle consents to the disclosure.
(b) Notwithstanding Section 552.301(b), Government Code, a
request by a governmental entity that directly operates an
emergency medical services provider or by a private emergency
medical services provider that is subject to Chapter 552,
Government Code, for a decision from the attorney general about
whether a requested body worn camera recording that is not excepted
from public disclosure under Subsection (a) falls within another
exception to public disclosure is considered timely if made not
later than the 20th business day after the date of receipt of the
written request.
(c) Notwithstanding Section 552.301(d), Government Code,
the governmental entity's or private provider's response to a
requestor regarding a requested body worn camera recording is
considered timely if made not later than the 20th business day after
the date of receipt of the written request.
(d) Notwithstanding Section 552.301(e), Government Code,
the governmental entity's or private provider's submission to the
attorney general of the information required by that subsection
regarding a requested body worn camera recording is considered
timely if made not later than the 25th business day after the date
of receipt of the written request.
(e) Notwithstanding Section 552.301(e-1), Government Code,
the governmental entity's or private provider's submission to a
requestor of the information required by that subsection regarding
a requested body worn camera recording is considered timely if made
not later than the 25th business day after the date of receipt of
the written request.
SECTION 2. This Act takes effect September 1, 2021.