CHAPTER 777. REGIONAL POISON CONTROL CENTERS
HEALTH AND SAFETY CODE
TITLE 9. SAFETY
SUBTITLE B. EMERGENCIES
CHAPTER 777. REGIONAL POISON CONTROL CENTERS
Sec. 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) the University Medical Center of El Paso, El Paso County
Hospital District;
(5) the Texas Tech University Health Sciences Center at
Amarillo; 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 Commission on State Emergency
Communications shall adopt rules designating the region for each
poison control center. The Commission on State Emergency
Communications may 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 Commission on State Emergency Communications 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, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 41, Sec. 1, eff. Sept.
1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
347, Sec. 4, eff. September 1, 2009.
Sec. 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, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 41, Sec. 2, eff. Sept.
1, 1997.
Sec. 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, Sec. 1, eff. Sept. 1,
1993.
Sec. 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, Sec. 1, eff. Sept. 1,
1993.
Sec. 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, Sec. 1, eff. Sept. 1,
1993.
Sec. 777.006. INFORMATION AT BIRTH. The Commission on State
Emergency Communications 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, Sec. 1, eff. Sept. 1,
1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
347, Sec. 5, eff. September 1, 2009.
Sec. 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, Sec. 1, eff. Sept. 1,
1993.
Sec. 777.008. COORDINATING COMMITTEE. (a) The coordinating
committee on poison control shall coordinate the activities of
the regional poison control centers designated under Section
777.001(a) and advise the Commission on State Emergency
Communications.
(b) The committee is composed of:
(1) one public member appointed by the Commission on State
Emergency Communications;
(2) six members who represent the six regional poison control
centers, one appointed by the chief executive officer of each
center;
(3) one member appointed by the commissioner of the Department
of State Health Services; and
(4) one member who is a health care professional designated as
the poison control program coordinator appointed by the
Commission on State Emergency Communications.
Added by Acts 1993, 73rd Leg., ch. 670, Sec. 1, eff. Sept. 1,
1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
347, Sec. 6, eff. September 1, 2009.
Sec. 777.009. FUNDING. (a) The Commission on State Emergency
Communications shall establish a program to award grants to fund
the regional poison control centers.
(b) The Commission on State Emergency Communications shall adopt
rules to establish criteria for awarding the grants. The rules
must require the agency 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 Commission on State Emergency Communications may approve
grants according to commission rules. A grant awarded under this
section is governed by Chapter 783, Government Code, and the
rules adopted under that chapter.
(d) The 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, Sec. 1, eff. Sept. 1,
1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
347, Sec. 6, eff. September 1, 2009.
Sec. 777.010. OUT-OF-REGION SERVICES; SERVICES FOR PRIVATE
ENTITIES. (a) On approval by and in coordination with the
governor, the Commission on State Emergency Communications may
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 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 commission may not enter into a contract
under this subsection if, in the opinion of 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, Sec. 3, eff. Sept. 1,
1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
347, Sec. 7, eff. September 1, 2009.
Sec. 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 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, Sec. 3, eff. Sept. 1,
1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
347, Sec. 8, eff. September 1, 2009.
Sec. 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, Sec. 33, eff. Sept. 1,
1999.
Sec. 777.013. COOPERATION AND COORDINATION WITH THE DEPARTMENT
OF STATE HEALTH SERVICES. (a) The Department of State Health
Services, on request of the Commission on State Emergency
Communications, shall provide epidemiological support to the
regional poison control centers under this chapter to:
(1) maximize the use of data collected by the poison control
network;
(2) assist the regional poison control centers with quality
control and quality assurance;
(3) assist with research; and
(4) coordinate poison control activities with other public
health activities.
(b) Each regional poison control center shall provide the
Department of State Health Services with access to all data and
information collected by the regional poison control center for
public health activities and epidemiological and toxicological
investigations.
(c) The Commission on State Emergency Communications and the
Department of State Health Services shall enter into a memorandum
of understanding that delineates the responsibilities of each
agency under this section and amend the memorandum of
understanding as necessary to reflect the changes in those
responsibilities.
Added by Acts 2009, 81st Leg., R.S., Ch.
347, Sec. 9, eff. September 1, 2009.