| 1 | 1 | | By: Cortez H.B. No. 4400 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to a cardiac arrest registry for information on the |
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| 7 | 7 | | incidence and causes of cardiac arrest among certain persons; |
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| 8 | 8 | | providing an administrative penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subtitle D, Title 2, Health and Safety Code, is |
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| 11 | 11 | | amended by adding Chapter 93A to read as follows: |
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| 12 | 12 | | CHAPTER 93A. CARDIAC ARREST REGISTRY |
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| 13 | 13 | | Sec. 93A.001. DEFINITIONS. In this chapter: |
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| 14 | 14 | | (1) "Center" means The University of Texas |
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| 15 | 15 | | Southwestern Medical Center. |
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| 16 | 16 | | (2) "Physician" means an individual licensed to |
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| 17 | 17 | | practice medicine in this state. |
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| 18 | 18 | | (3) "Registry" means the cardiac arrest registry |
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| 19 | 19 | | established under this chapter. |
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| 20 | 20 | | Sec. 93A.002. ESTABLISHMENT AND MAINTENANCE OF REGISTRY. |
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| 21 | 21 | | (a) The center shall establish and maintain a cardiac arrest |
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| 22 | 22 | | registry to collect and aggregate information on the incidence and |
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| 23 | 23 | | causes of cardiac arrest among individuals younger than 36 years of |
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| 24 | 24 | | age in this state. |
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| 25 | 25 | | (b) Not later than the 60th day following the date of death |
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| 26 | 26 | | of an individual younger than 36 years of age whose death is caused |
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| 27 | 27 | | by cardiac arrest, the primary physician who attends the |
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| 28 | 28 | | individual's death shall submit to the center for inclusion in the |
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| 29 | 29 | | registry information regarding the individual and the death. The |
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| 30 | 30 | | information must include: |
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| 31 | 31 | | (1) the age of the individual; |
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| 32 | 32 | | (2) the time and date of the individual's death; |
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| 33 | 33 | | (3) a description of the location where and the |
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| 34 | 34 | | circumstances under which the cardiac arrest occurred; |
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| 35 | 35 | | (4) a description of the activity in which the |
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| 36 | 36 | | individual was engaged at the time the cardiac arrest occurred; |
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| 37 | 37 | | (5) a statement on whether the individual was an |
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| 38 | 38 | | athlete and if an athlete, each sport the individual participated |
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| 39 | 39 | | in and the level at which the individual participated in each sport; |
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| 40 | 40 | | (6) if known by the physician or the individual's |
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| 41 | 41 | | family, a statement of whether the individual at any time tested |
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| 42 | 42 | | positive for coronavirus disease (COVID-19); and |
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| 43 | 43 | | (7) any other information the center determines |
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| 44 | 44 | | appropriate. |
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| 45 | 45 | | Sec. 93A.003. PHYSICIAN ACCESS TO REGISTRY; ANNUAL REPORT. |
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| 46 | 46 | | (a) The center shall ensure that information maintained in the |
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| 47 | 47 | | registry is accessible to physicians who provide medical care to |
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| 48 | 48 | | student athletes participating in a sport at any level. The |
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| 49 | 49 | | information must be aggregated and machine-readable in a manner |
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| 50 | 50 | | that allows a physician described by this subsection to easily |
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| 51 | 51 | | navigate the information. |
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| 52 | 52 | | (b) Not later than September 1 of each even-numbered year, |
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| 53 | 53 | | the center shall prepare and submit to the legislature a written |
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| 54 | 54 | | report that summarizes the information submitted to the center for |
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| 55 | 55 | | inclusion in the registry during the preceding two years. |
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| 56 | 56 | | Sec. 93A.004. CONFIDENTIALITY. The center shall ensure |
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| 57 | 57 | | that information accessible to a physician or submitted to the |
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| 58 | 58 | | legislature under Section 93A.003 does not disclose an individual's |
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| 59 | 59 | | personally identifiable information or information that is |
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| 60 | 60 | | confidential under state or federal law. |
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| 61 | 61 | | Sec. 93A.005. ADMINISTRATIVE PENALTY. (a) The Texas |
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| 62 | 62 | | Medical Board may assess an administrative penalty against a |
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| 63 | 63 | | physician who violates Section 93A.002. The administrative penalty |
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| 64 | 64 | | may not exceed $500 for each violation and shall be based on: |
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| 65 | 65 | | (1) the history of previous violations; |
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| 66 | 66 | | (2) the amount necessary to deter a future violation; |
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| 67 | 67 | | (3) the efforts to correct the violation; and |
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| 68 | 68 | | (4) any other matter that justice may require. |
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| 69 | 69 | | (b) The Texas Medical Board by rule shall establish a |
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| 70 | 70 | | procedure to collect the administrative penalty. A proceeding to |
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| 71 | 71 | | impose the administrative penalty is considered a contested case |
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| 72 | 72 | | under Chapter 2001, Government Code. |
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| 73 | 73 | | SECTION 2. As soon as practicable after the effective date |
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| 74 | 74 | | of this Act, The University of Texas Southwestern Medical Center |
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| 75 | 75 | | shall establish the cardiac arrest registry as required by Chapter |
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| 76 | 76 | | 93A, Health and Safety Code, as added by this Act. |
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| 77 | 77 | | SECTION 3. This Act takes effect September 1, 2023. |
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