2005 Texas Health & Safety Code CHAPTER 777. REGIONAL POISON CONTROL CENTERS

HEALTH & SAFETY CODE

CHAPTER 777. REGIONAL POISON CONTROL CENTERS


	§ 777.001. REGIONAL POISON CONTROL CENTERS.  (a) Six 
regional centers for poison control are designated as the regional 
poison control centers for the state as follows:
		(1)  The University of Texas Medical Branch at 
Galveston;                   
		(2)  the Dallas County Hospital District/North Texas 
Poison Center;         
		(3)  The University of Texas Health Science Center at 
San Antonio;          
		(4)  R. E. Thomason General Hospital, El Paso County 
Hospital District;     
		(5)  Northwest Texas Hospital, Amarillo Hospital 
District;  and             
		(6)  Scott and White Memorial Hospital, Temple, Texas.                        
	(b)  The poison control centers shall coordinate poison 
control activities within the designated health and human services 
regions for the state.  The Texas Department of Health and the 
Advisory Commission on State Emergency Communications shall 
jointly adopt rules designating the region for each poison control 
center.  The Texas Department of Health and the Advisory Commission 
on State Emergency Communications may jointly adopt rules 
permitting poison control centers to provide services for regions 
served by other poison control centers in this state as necessary to 
maximize efficient use of resources and provide appropriate 
services in each region.
	(c)  The Texas Board of Health may vote to designate a 
seventh regional or satellite poison control center in Harris 
County.  That poison control center is subject to all provisions of 
this chapter and other law relating to regional poison control 
centers.

Added by Acts 1993, 73rd Leg., ch. 670, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1997, 75th Leg., ch. 41, § 1, eff. Sept. 1, 1997.


	§ 777.002. TELEPHONE SERVICES.  (a) A poison control 
center established by this chapter shall provide a 24-hour 
toll-free telephone referral and information service for the public 
and health care professionals according to the requirements of the 
American Association of Poison Control Centers.
	(b)  Each public safety answering point, as that term is 
defined by Section 771.001, shall have direct telephone access to 
at least one poison control center.  Regional poison information 
services may be available directly from the center for the region or 
from another poison control center but shall be available through 
all 9-1-1 services in the region, as the term "9-1-1 service" is 
defined by Section 771.001.  The 9-1-1 service calls pertaining to 
poisonings may be routed to a poison control answering site, if 
possible, if the routing does not adversely affect the immediate 
availability of poisoning management services.
	(c)  A poison control center shall ensure that poison control 
activities within the designated region meet the criteria 
established by the American Association of Poison Control Centers.  
A center may meet the criteria directly or may affiliate with other 
poison control centers or poison treatment facilities, if possible.  
A center shall ensure that treatment facilities and services are 
available within the region and shall identify and make available 
to the public and to appropriate health professionals information 
concerning analytical toxicology, emergency and critical care, and 
extracorporeal capabilities within the region.

Added by Acts 1993, 73rd Leg., ch. 670, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1997, 75th Leg., ch. 41, § 2, eff. Sept. 1, 1997.


	§ 777.003. COMMUNITY PROGRAMS AND ASSISTANCE.  A poison 
control center shall provide:
		(1)  community education programs on poison prevention 
methods to inform the public, such as presentations to persons 
attending a primary or secondary school, a parent-teacher 
association meeting, an employee safety meeting at an industrial 
company, or other interested groups;
		(2)  information and education to health professionals 
involved in the management of poison and overdose victims, 
including information regarding appropriate therapeutic use of 
medications, their compatibility and stability, and adverse drug 
reactions and interactions;
		(3)  professional and technical assistance to state 
agencies requesting toxicologic assistance;  and
		(4)  consultation services concerning medical 
toxicology, for which a fee may be charged in an amount set by the 
institution in which the center is located to cover the costs of the 
service.

Added by Acts 1993, 73rd Leg., ch. 670, § 1, eff. Sept. 1, 1993.           


	§ 777.004. STAFF.  (a) A poison control center 
established under this chapter shall use physicians, pharmacists, 
nurses, other professionals, and support personnel trained in 
various aspects of toxicology and poison control and prevention.
	(b)  A poison control center shall make available resources, 
if possible, to accommodate persons who do not speak English.

Added by Acts 1993, 73rd Leg., ch. 670, § 1, eff. Sept. 1, 1993.           


	§ 777.005. RESEARCH PROGRAMS.  (a) A poison control 
center may conduct a toxicology poison treatment research program 
to improve treatments for poisoning victims and to reduce the 
severity of injuries from poisonings.
	(b)  A poison control center may accept grants or 
contributions from public or private sources to be used for 
research.

Added by Acts 1993, 73rd Leg., ch. 670, § 1, eff. Sept. 1, 1993.           


	§ 777.006. INFORMATION AT BIRTH.  The Texas Department of 
Health shall assist the regional poison control centers in 
providing informational packets on poison prevention to parents of 
newborns.

Added by Acts 1993, 73rd Leg., ch. 670, § 1, eff. Sept. 1, 1993.           


	§ 777.007. STATE LIABILITY.  The state shall indemnify a 
poison control center and an employee of a poison control center 
under Chapter 104, Civil Practice and Remedies Code.

Added by Acts 1993, 73rd Leg., ch. 670, § 1, eff. Sept. 1, 1993.           


	§ 777.008. COORDINATING COMMITTEE.  (a) The coordinating 
committee on poison control shall advise the Texas Board of Health 
and the Advisory Commission on State Emergency Communications.
	(b)  The committee is composed of one public member appointed 
by the Texas Board of Health, one public member appointed by the 
Advisory Commission on State Emergency Communications, and 13 
members appointed by the chief executive officer of each of the 
following entities:
		(1)  The University of Texas Medical Branch at 
Galveston;                   
		(2)  the Dallas County Hospital District/North Texas 
Poison Center;         
		(3)  The University of Texas Health Science Center at 
San Antonio;          
		(4)  R. E. Thomason General Hospital, El Paso County 
Hospital District;     
		(5)  Northwest Texas Hospital, Amarillo Hospital 
District;                  
		(6)  Scott and White Memorial Hospital, Temple, Texas;                        
		(7)  The University of Texas Southwestern Medical 
Center at Dallas;         
		(8)  The Texas A&M University Health Science Center;                      
		(9)  the Texas Tech University Health Sciences Center;                        
		(10)  the Texas Veterinary Medical Diagnostic 
Laboratory;                   
		(11)  the Department of Agriculture;                                          
		(12)  the Texas Department of Health;  and                                    
		(13)  the Advisory Commission on State Emergency 
Communications.            

Added by Acts 1993, 73rd Leg., ch. 670, § 1, eff. Sept. 1, 1993.           


	§ 777.009. FUNDING.  (a) The Texas Department of Health 
and the Advisory Commission on State Emergency Communications shall 
establish a program to award grants to fund the regional poison 
control centers.
	(b)  The Texas Board of Health and the Advisory Commission on 
State Emergency Communications shall jointly adopt rules to 
establish criteria for awarding the grants.  The rules must require 
the agencies to consider:
		(1)  the need of the region based on population served 
for poison control services and the extent to which the grant would 
meet the identified need;
		(2)  the assurance of providing quality services;                             
		(3)  the availability of other funding sources;                               
		(4)  achieving or maintaining certification as a poison 
control center with the American Association of Poison Control 
Centers;
		(5)  maintenance of effort;  and                                              
		(6)  the development or existence of 
telecommunications systems.            
	(c)  The Texas Department of Health and the Advisory 
Commission on State Emergency Communications may approve grants 
according to their jointly adopted rules.  A grant awarded under 
this section is governed by Chapter 783, Government Code, and the 
rules adopted under that chapter.
	(d)  The Texas Department of Health and the Advisory 
Commission on State Emergency Communications may accept gifts or 
grants from any source for purposes of this chapter.

Added by Acts 1993, 73rd Leg., ch. 670, § 1, eff. Sept. 1, 1993.           


	§ 777.010. OUT-OF-REGION SERVICES;  SERVICES FOR PRIVATE 
ENTITIES.  (a) On approval by and in coordination with the 
governor, the Texas Department of Health and the Advisory 
Commission on State Emergency Communications may jointly enter into 
a contract for the provision of telephone referral and information 
services or any program or service described by Section 777.003 to 
any person, including:
		(1)  another state or a political subdivision of 
another state;  and        
		(2)  another country or a political subdivision of 
another country.         
	(b)  The Texas Department of Health and the Advisory 
Commission on State Emergency Communications shall contract with 
one or more regional poison control centers to provide the services 
required under a contract entered into under Subsection (a).  The 
department and the commission may not enter into a contract under 
this subsection if, in the opinion of the department and the 
commission, the regional poison control center's performance of the 
contract would result in a diminishment in the services provided in 
the region.
	(c)  A contract described by Subsection (a) must recover the 
cost of providing the services and may include a reasonable 
additional amount to support poison control center services in this 
state.  Revenue from a contract described by Subsection (a) must be 
deposited to the credit of the regional poison control services 
account.

Added by Acts 1997, 75th Leg., ch. 41, § 3, eff. Sept. 1, 1997.            


	§ 777.011. REGIONAL POISON CONTROL SERVICES ACCOUNT.  The 
regional poison control services account is an account in the 
general revenue fund.  The account is composed of money deposited to 
the account under Section 777.010(c).  Money in the account may be 
appropriated only to the Texas Department of Health and the 
Advisory Commission on State Emergency Communications:
		(1)  for administration of and payment for contracts 
entered into under Section 777.010(b);  and
		(2)  to fund grants awarded under Section 777.009.                            

Added by Acts 1997, 75th Leg., ch. 41, § 3, eff. Sept. 1, 1997.            


	§ 777.012. NUMBER AND LOCATION IDENTIFICATION 
SERVICE.  (a) In this section:
		(1)  "Service provider" means an entity providing local 
exchange access lines to a service user and includes a business 
service user that provides residential facilities and owns or 
leases a public or private telephone switch used to provide 
telephone service to facility residents.
		(2)  "Service user" means a person that is provided 
local exchange access lines, or their equivalent.
	(b)  A service provider shall furnish to a poison control 
center for each call to an emergency line of the center the 
telephone number of the subscribers and the address associated with 
the number.
	(c)  Information furnished to a poison control center under 
this section is confidential and is not available for public 
inspection.  Information contained in an address database used to 
provide the number or location identification information under 
this section is confidential and is not available for public 
inspection.  The service provider or a third party that maintains an 
address database is not liable to any person for the release of 
information furnished by the service provider or third party in 
providing number or location identification information under this 
section, unless the act or omission proximately causing the claim, 
damage, or loss constitutes gross negligence, recklessness, or 
intentional misconduct.

Added by Acts 1999, 76th Leg., ch. 1405, § 33, eff. Sept. 1, 
1999.