87R1818 SCL-D
By: Blanco S.B. No. 437
A BILL TO BE ENTITLED
AN ACT
relating to the state reserve of personal protective equipment for
health care workers and essential personnel.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 81, Health and Safety Code, is amended by
adding Subchapter K to read as follows:
SUBCHAPTER K. PERSONAL PROTECTIVE EQUIPMENT RESERVE
Sec. 81.451. DEFINITIONS. In this subchapter:
(1) "Advisory committee" means the Personal
Protective Equipment Reserve Advisory Committee established under
Section 81.454. This subdivision expires September 1, 2023.
(2) "Essential personnel" means:
(A) government employees or personnel at a
primary or secondary school, a child-care facility defined by
Section 42.002, Human Resources Code, or a corrections facility
defined by Section 89.101, who are expected to continue working
through a public health disaster or other public health emergency;
or
(B) personnel the executive commissioner
considers vital to public health and safety or economic and
national security.
(3) "Health care worker" means any individual who
provides health care services to patients or provides support
services to those health care providers, including physicians,
pharmacists, dentists, clinicians, nurses, aides, technicians,
janitorial and housekeeping staff, food service workers, and
nonmanagerial administrative staff.
(4) "Personal protective equipment" means specialized
clothing or equipment, including masks, gloves, and gowns, worn for
protection against infectious materials.
(5) "Reserve" means the personal protective equipment
reserve established and maintained under this subchapter.
Sec. 81.452. ESTABLISHMENT AND MAINTENANCE OF RESERVE. The
department, in coordination with other relevant state agencies,
shall establish and maintain a reserve of personal protective
equipment for use by health care workers and essential personnel
during a public health disaster or other public health emergency.
The reserve must maintain at least a 90-day supply of the equipment.
Sec. 81.453. MANAGEMENT OF RESERVE. (a) The executive
commissioner by rule shall establish guidelines for the
procurement, storage, and distribution of the reserve's personal
protective equipment.
(b) At a minimum, the executive commissioner, when adopting
rules under this section, must consider:
(1) the types of personal protective equipment that
may be required during a public health disaster or other public
health emergency;
(2) the length of time each type of personal
protective equipment in the reserve remains usable and the
procedures for restocking a portion of each type of equipment to
ensure the reserve includes only unexpired equipment;
(3) the amount of each type of personal protective
equipment required to supply all health care workers and essential
personnel in this state with the equipment for 90 days during a
public health disaster or other public health emergency;
(4) successes and failures during previous public
health disasters and other public health emergencies in this state,
including successes and failures regarding procurement, storage,
or distribution of personal protective equipment;
(5) guidance on defining essential personnel based on
different potential hazards;
(6) geographical distribution of personal protective
equipment;
(7) guidance on establishing policies and standards
regarding the reserve's surge capacity to ensure health care
workers and essential personnel have access to an adequate supply
of personal protective equipment during a public health disaster or
other public health emergency;
(8) the policies and funding required for this state
to establish a reserve; and
(9) the distribution prioritization if the supply of
personal protective equipment is insufficient to meet the needs of
health care workers and essential personnel requesting equipment
from the reserve, including considering whether the requestor is:
(A) located in an area with a high density of
low-income residents;
(B) located in or disproportionately serves a
medically underserved area as designated by the United States
Department of Health and Human Services; and
(C) located in a county with a high infection
rate or high hospitalization rate related to a public health
disaster or public health emergency.
(b-1) In adopting rules under this section, the executive
commissioner shall consider the recommendations of the advisory
committee. This subsection expires September 1, 2023.
(c) The guidelines for personal protective equipment
standards adopted under this section may not be less protective or
stringent than federal, state, or local guidelines on personal
protective equipment.
Sec. 81.454. ADVISORY COMMITTEE. (a) The department shall
establish the Personal Protective Equipment Reserve Advisory
Committee composed of the following members appointed by the
executive commissioner:
(1) one representative of an association representing
different types of hospitals and health systems;
(2) one representative of an association representing
nursing facilities;
(3) one representative of an association representing
primary care clinics;
(4) one representative of a statewide association
representing physicians;
(5) two representatives of labor organizations that
represent health care workers;
(6) two representatives of labor organizations that
represent essential personnel;
(7) one representative from the personal protective
equipment manufacturing industry;
(8) one consumer representative;
(9) one representative from an association
representing counties;
(10) one representative from the department;
(11) one representative from the Texas Division of
Emergency Management; and
(12) one representative from the commission.
(b) The advisory committee shall make recommendations to
the executive commissioner as necessary to develop the rules
required under Section 81.453.
(c) This section expires and the advisory committee is
abolished September 1, 2023.
SECTION 2. (a) The Department of State Health Services
shall establish the personal protective equipment reserve as
required by Section 81.452, Health and Safety Code, as added by this
Act, not later than September 1, 2022.
(b) The executive commissioner of the Health and Human
Services Commission shall adopt rules necessary to implement
Section 81.453, Health and Safety Code, as added by this Act, not
later than September 1, 2022.
(c) As soon as practicable after the effective date of this
Act, the executive commissioner of the Health and Human Services
Commission shall appoint members to the Personal Protective
Equipment Reserve Advisory Committee established under Section
81.454, Health and Safety Code, as added by this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.