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.