87R26024 SCL-D
By: Blanco S.B. No. 437
(Turner of Dallas)
Substitute the following for S.B. No. 437: No.
A BILL TO BE ENTITLED
AN ACT
relating to personal protective equipment management and the
establishment of a personal protective equipment advisory
committee.
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
Sec. 81.451. DEFINITIONS. In this subchapter:
(1) "Advisory committee" means the Personal
Protective Equipment Advisory Committee established under Section
81.453. This subdivision expires September 1, 2023.
(2) "Division" means the Texas Division of Emergency
Management.
(3) "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;
(B) electric and gas utility employees; or
(C) personnel the division considers vital to
public health and safety or economic and national security.
(4) "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, home hospice
care providers, technicians, janitorial and housekeeping staff,
food service workers, and nonmanagerial administrative staff.
(5) "Personal protective equipment" means specialized
clothing or equipment, including masks, gloves, and gowns, worn for
protection against infectious materials.
Sec. 81.452. PERSONAL PROTECTIVE EQUIPMENT STANDARDS. (a)
The division by rule shall establish guidelines for the
procurement, storage, and distribution of personal protective
equipment.
(b) At a minimum, the division, 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 remains usable and the procedures for
restocking a portion of each type of 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 60 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 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; and
(8) the distribution prioritization when the supply of
personal protective equipment is insufficient to meet the needs of
health care workers and essential personnel requesting equipment,
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 division
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. 81.453. PERSONAL PROTECTIVE EQUIPMENT ADVISORY
COMMITTEE. (a) The division shall establish the Personal
Protective Equipment Advisory Committee composed of the following
members appointed by the division:
(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 an association representing
nurses;
(5) one representative of an association representing
home hospice care providers;
(6) one representative of a statewide association
representing physicians;
(7) two representatives of labor organizations that
represent essential personnel;
(8) one representative from the personal protective
equipment manufacturing industry;
(9) one consumer representative;
(10) one representative from an association
representing counties;
(11) one representative from the department;
(12) one representative from the division; and
(13) one representative from the commission.
(b) The advisory committee shall make recommendations to
the division as necessary on adopting rules under Section 81.452.
(c) This section expires and the advisory committee is
abolished September 1, 2023.
SECTION 2. (a) The Texas Division of Emergency Management
shall adopt rules necessary to implement Section 81.452, Health and
Safety Code, as added by this Act, not later than September 1, 2022.
(b) As soon as practicable after the effective date of this
Act, the Texas Division of Emergency Management shall appoint
members to the Personal Protective Equipment Advisory Committee
established under Section 81.453, 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.