Texas 2023 - 88th Regular

Texas Senate Bill SB251 Compare Versions

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1	1	88R1405 MCF-F
2	2	By: Alvarado S.B. No. 251
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a pilot project to provide emergency telemedicine
8	8	medical services and telehealth services in rural areas.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 771, Health and Safety Code, is amended
11	11	by adding Subchapter F to read as follows:
12	12	SUBCHAPTER F. NEXT GENERATION 9-1-1 TELEMEDICINE MEDICAL SERVICES
13	13	AND TELEHEALTH SERVICES PILOT PROJECT
14	14	Sec. 771.151. DEFINITIONS. In this subchapter:
15	15	(1) "Center" means the area health education center at
16	16	the Texas Tech University Health Sciences Center that meets the
17	17	requirements of 42 U.S.C. Section 294a and has been awarded federal
18	18	funding as an area health education center.
19	19	(2) "Emergency medical services" means services used
20	20	to respond to an individual's perceived need for immediate medical
21	21	care and to prevent death or aggravation of physiological or
22	22	psychological illness or injury.
23	23	(3) "Emergency medical services provider" means a
24	24	person who uses or maintains emergency medical services vehicles,
25	25	medical equipment, and emergency medical services personnel to
26	26	provide emergency medical services.
27	27	(4) "Emergency prehospital care" means care provided
28	28	to a sick or injured individual before or during transportation of
29	29	the individual to a medical facility, and includes any necessary
30	30	stabilization of the individual in connection with that
31	31	transportation.
32	32	(5) "Pilot project" means a pilot project established
33	33	under Section 771.152.
34	34	(6) "Regional trauma resource center" means a trauma
35	35	facility the center selects to participate in the pilot project.
36	36	(7) "Rural area" means:
37	37	(A) a county with a population of 50,000 or less;
38	38	or
39	39	(B) a large, isolated, and sparsely populated
40	40	area of a county with a population of more than 50,000.
41	41	(8) "Telehealth service" and "telemedicine medical
42	42	service" have the meanings assigned by Section 111.001, Occupations
43	43	Code.
44	44	(9) "Trauma facility" means a health care facility
45	45	equipped and staffed to provide comprehensive treatment of
46	46	seriously injured individuals as part of an emergency medical
47	47	services and trauma care system.
48	48	Sec. 771.152. ESTABLISHMENT OF PILOT PROJECT. (a) The
49	49	commission, with the assistance of the center, shall establish a
50	50	pilot project to provide emergency medical services instruction and
51	51	emergency prehospital care instruction through a telemedicine
52	52	medical service or telehealth service provided by regional trauma
53	53	resource centers to:
54	54	(1) health care providers in rural area trauma
55	55	facilities; and
56	56	(2) emergency medical services providers in rural
57	57	areas.
58	58	(b) The commission shall provide technical assistance to
59	59	the center in implementing the pilot project.
60	60	(c) The center, with the assistance of the commission,
61	61	shall:
62	62	(1) design criteria and protocols for each
63	63	telemedicine medical service or telehealth service offered and the
64	64	related instruction, and provide the oversight necessary to conduct
65	65	the pilot project;
66	66	(2) define criteria to determine when a telemedicine
67	67	medical service or telehealth service that provides instruction for
68	68	emergency medical services, emergency prehospital care, and trauma
69	69	care should be transferred to an emergency medical resource center
70	70	for intervention; and
71	71	(3) collect the data necessary to evaluate the
72	72	project.
73	73	(d) The center may make available appropriate resources for
74	74	individuals who do not speak English.
75	75	Sec. 771.153. PERSONNEL. The center shall provide the
76	76	telemedicine medical service or telehealth service and related
77	77	instruction for the pilot project through health care providers in
78	78	regional trauma resource centers, including physicians,
79	79	pharmacists, emergency medical personnel, and other health
80	80	professionals.
81	81	Sec. 771.154. PARTICIPATION IN PILOT PROJECT. (a) The
82	82	center shall determine the trauma facilities and emergency medical
83	83	services providers interested in participating in the pilot
84	84	project.
85	85	(b) A trauma facility or emergency medical services
86	86	provider participating in the pilot project must agree to
87	87	successfully complete any required training and to provide all
88	88	reports required by the center for the project.
89	89	Sec. 771.155. SELECTION OF PILOT PROJECT PARTICIPANTS AND
90	90	REGIONAL TRAUMA RESOURCE CENTERS. (a) The center, with the
91	91	assistance of the commission, may select trauma facilities and
92	92	emergency medical services providers to participate in the pilot
93	93	project and select trauma facilities to serve as regional trauma
94	94	resource centers.
95	95	(b) The center may not select a trauma facility to
96	96	participate in the pilot project or to serve as a regional trauma
97	97	resource center unless the facility:
98	98	(1) has a quality assurance program that measures each
99	99	health care provider's compliance with the medical protocol;
100	100	(2) uses emergency medical services and emergency
101	101	prehospital care protocols approved by a physician medical director
102	102	knowledgeable in emergency medical services and emergency
103	103	prehospital care;
104	104	(3) has experience in providing emergency medical
105	105	services and emergency prehospital care that the center determines
106	106	is sufficient; and
107	107	(4) has resources sufficient to provide the additional
108	108	telemedicine medical services or telehealth services and related
109	109	instruction required for the project in addition to the health care
110	110	services the facility already provides.
111	111	(c) In selecting a trauma facility to serve as a regional
112	112	trauma resource center, the center shall consider the facility
113	113	personnel's ability to maintain records and produce reports to
114	114	measure the effectiveness of the pilot project. The center shall
115	115	share information regarding that ability with the commission.
116	116	Sec. 771.156. FUNDING OF PILOT PROJECT. (a) Money
117	117	collected under Section 771.072(f) may be appropriated to the
118	118	commission to fund the pilot project.
119	119	(b) The center may seek grants to fund the pilot project.
120	120	(c) A political subdivision with a trauma facility that
121	121	participates in the pilot project may pay part of the project costs.
122	122	(d) If a sufficient number of political subdivisions in a
123	123	region that may be served by the pilot project agree to pay the
124	124	center an amount that together with other funding received under
125	125	this section is sufficient to fund the project for the region, the
126	126	center shall:
127	127	(1) contract with the political subdivisions for each
128	128	subdivision to pay an appropriate share of the cost; and
129	129	(2) implement the project for the region when the
130	130	amounts agreed to in the contracts and any other funding received
131	131	under this section are sufficient to fund the project for the
132	132	region.
133	133	Sec. 771.157. REPORT TO LEGISLATURE. The center, in
134	134	cooperation with the commission, shall report its findings to the
135	135	governor and the presiding officer of each house of the legislature
136	136	not later than December 31, 2028.
137	137	Sec. 771.158. LIABILITY. The operations of the center and a
138	138	regional trauma resource center are considered to be the provision
139	139	of 9-1-1 services for purposes of Section 771.053. Employees of and
140	140	volunteers at the regional trauma resource center have the same
141	141	protection from liability as a member of the governing body of a
142	142	public agency under Section 771.053.
143	143	Sec. 771.159. PROJECT WORK GROUP. (a) The center may
144	144	appoint a project work group to assist the center in developing,
145	145	implementing, and evaluating the pilot project and preparing a
146	146	report on the center's findings.
147	147	(b) A member of the project work group is not entitled to
148	148	compensation for serving on the project work group and may not be
149	149	reimbursed for travel or other expenses incurred while conducting
150	150	the business of the project work group.
151	151	(c) The project work group is not subject to Chapter 2110,
152	152	Government Code.
153	153	Sec. 771.160. EXPIRATION. This subchapter expires
154	154	September 1, 2029.
155	155	SECTION 2. Section 771.072(g), Health and Safety Code, is
156	156	amended to read as follows:
157	157	(g) Notwithstanding any other law, revenue derived from the
158	158	equalization surcharge imposed under this section may be
159	159	appropriated to the commission only for the purposes described by
160	160	Section 771.156 and Sections 773.122 through 773.124.
161	161	SECTION 3. This Act takes effect September 1, 2023.