88R1405 MCF-F     By: Darby, Guerra H.B. No. 617       A BILL TO BE ENTITLED   AN ACT   relating to a pilot project to provide emergency telemedicine   medical services and telehealth services in rural areas.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 771, Health and Safety Code, is amended   by adding Subchapter F to read as follows:   SUBCHAPTER F. NEXT GENERATION 9-1-1 TELEMEDICINE MEDICAL SERVICES   AND TELEHEALTH SERVICES PILOT PROJECT          Sec. 771.151.  DEFINITIONS. In this subchapter:                (1)  "Center" means the area health education center at   the Texas Tech University Health Sciences Center that meets the   requirements of 42 U.S.C. Section 294a and has been awarded federal   funding as an area health education center.                (2)  "Emergency medical services" means services used   to respond to an individual's perceived need for immediate medical   care and to prevent death or aggravation of physiological or   psychological illness or injury.                (3)  "Emergency medical services provider" means a   person who uses or maintains emergency medical services vehicles,   medical equipment, and emergency medical services personnel to   provide emergency medical services.                (4)  "Emergency prehospital care" means care provided   to a sick or injured individual before or during transportation of   the individual to a medical facility, and includes any necessary   stabilization of the individual in connection with that   transportation.                (5)  "Pilot project" means a pilot project established   under Section 771.152.                (6)  "Regional trauma resource center" means a trauma   facility the center selects to participate in the pilot project.                (7)  "Rural area" means:                      (A)  a county with a population of 50,000 or less;   or                      (B)  a large, isolated, and sparsely populated   area of a county with a population of more than 50,000.                (8)  "Telehealth service" and "telemedicine medical   service" have the meanings assigned by Section 111.001, Occupations   Code.                (9)  "Trauma facility" means a health care facility   equipped and staffed to provide comprehensive treatment of   seriously injured individuals as part of an emergency medical   services and trauma care system.          Sec. 771.152.  ESTABLISHMENT OF PILOT PROJECT. (a) The   commission, with the assistance of the center, shall establish a   pilot project to provide emergency medical services instruction and   emergency prehospital care instruction through a telemedicine   medical service or telehealth service provided by regional trauma   resource centers to:                (1)  health care providers in rural area trauma   facilities; and                (2)  emergency medical services providers in rural   areas.          (b)  The commission shall provide technical assistance to   the center in implementing the pilot project.          (c)  The center, with the assistance of the commission,   shall:                (1)  design criteria and protocols for each   telemedicine medical service or telehealth service offered and the   related instruction, and provide the oversight necessary to conduct   the pilot project;                (2)  define criteria to determine when a telemedicine   medical service or telehealth service that provides instruction for   emergency medical services, emergency prehospital care, and trauma   care should be transferred to an emergency medical resource center   for intervention; and                (3)  collect the data necessary to evaluate the   project.          (d)  The center may make available appropriate resources for   individuals who do not speak English.          Sec. 771.153.  PERSONNEL. The center shall provide the   telemedicine medical service or telehealth service and related   instruction for the pilot project through health care providers in   regional trauma resource centers, including physicians,   pharmacists, emergency medical personnel, and other health   professionals.          Sec. 771.154.  PARTICIPATION IN PILOT PROJECT. (a) The   center shall determine the trauma facilities and emergency medical   services providers interested in participating in the pilot   project.          (b)  A trauma facility or emergency medical services   provider participating in the pilot project must agree to   successfully complete any required training and to provide all   reports required by the center for the project.          Sec. 771.155.  SELECTION OF PILOT PROJECT PARTICIPANTS AND   REGIONAL TRAUMA RESOURCE CENTERS. (a) The center, with the   assistance of the commission, may select trauma facilities and   emergency medical services providers to participate in the pilot   project and select trauma facilities to serve as regional trauma   resource centers.          (b)  The center may not select a trauma facility to   participate in the pilot project or to serve as a regional trauma   resource center unless the facility:                (1)  has a quality assurance program that measures each   health care provider's compliance with the medical protocol;                (2)  uses emergency medical services and emergency   prehospital care protocols approved by a physician medical director   knowledgeable in emergency medical services and emergency   prehospital care;                (3)  has experience in providing emergency medical   services and emergency prehospital care that the center determines   is sufficient; and                (4)  has resources sufficient to provide the additional   telemedicine medical services or telehealth services and related   instruction required for the project in addition to the health care   services the facility already provides.          (c)  In selecting a trauma facility to serve as a regional   trauma resource center, the center shall consider the facility   personnel's ability to maintain records and produce reports to   measure the effectiveness of the pilot project. The center shall   share information regarding that ability with the commission.          Sec. 771.156.  FUNDING OF PILOT PROJECT. (a) Money   collected under Section 771.072(f) may be appropriated to the   commission to fund the pilot project.          (b)  The center may seek grants to fund the pilot project.          (c)  A political subdivision with a trauma facility that   participates in the pilot project may pay part of the project costs.          (d)  If a sufficient number of political subdivisions in a   region that may be served by the pilot project agree to pay the   center an amount that together with other funding received under   this section is sufficient to fund the project for the region, the   center shall:                (1)  contract with the political subdivisions for each   subdivision to pay an appropriate share of the cost; and                (2)  implement the project for the region when the   amounts agreed to in the contracts and any other funding received   under this section are sufficient to fund the project for the   region.          Sec. 771.157.  REPORT TO LEGISLATURE. The center, in   cooperation with the commission, shall report its findings to the   governor and the presiding officer of each house of the legislature   not later than December 31, 2028.          Sec. 771.158.  LIABILITY. The operations of the center and a   regional trauma resource center are considered to be the provision   of 9-1-1 services for purposes of Section 771.053. Employees of and   volunteers at the regional trauma resource center have the same   protection from liability as a member of the governing body of a   public agency under Section 771.053.          Sec. 771.159.  PROJECT WORK GROUP. (a) The center may   appoint a project work group to assist the center in developing,   implementing, and evaluating the pilot project and preparing a   report on the center's findings.          (b)  A member of the project work group is not entitled to   compensation for serving on the project work group and may not be   reimbursed for travel or other expenses incurred while conducting   the business of the project work group.          (c)  The project work group is not subject to Chapter 2110,   Government Code.          Sec. 771.160.  EXPIRATION. This subchapter expires   September 1, 2029.          SECTION 2.  Section 771.072(g), Health and Safety Code, is   amended to read as follows:          (g)  Notwithstanding any other law, revenue derived from the   equalization surcharge imposed under this section may be   appropriated to the commission only for the purposes described by   Section 771.156 and Sections 773.122 through 773.124.          SECTION 3.  This Act takes effect September 1, 2023.