Bill Text: TX HB4400 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to a cardiac arrest registry for information on the incidence and causes of cardiac arrest among certain persons; providing an administrative penalty.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-21 - Referred to Public Health [HB4400 Detail]

Download: Texas-2023-HB4400-Introduced.html
 
 
  By: Cortez H.B. No. 4400
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a cardiac arrest registry for information on the
  incidence and causes of cardiac arrest among certain persons;
  providing an administrative penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle D, Title 2, Health and Safety Code, is
  amended by adding Chapter 93A to read as follows:
  CHAPTER 93A. CARDIAC ARREST REGISTRY
         Sec. 93A.001.  DEFINITIONS. In this chapter:
               (1)  "Center" means The University of Texas
  Southwestern Medical Center.
               (2)  "Physician" means an individual licensed to
  practice medicine in this state.
               (3)  "Registry" means the cardiac arrest registry
  established under this chapter.
         Sec. 93A.002.  ESTABLISHMENT AND MAINTENANCE OF REGISTRY.
  (a) The center shall establish and maintain a cardiac arrest
  registry to collect and aggregate information on the incidence and
  causes of cardiac arrest among individuals younger than 36 years of
  age in this state.
         (b)  Not later than the 60th day following the date of death
  of an individual younger than 36 years of age whose death is caused
  by cardiac arrest, the primary physician who attends the
  individual's death shall submit to the center for inclusion in the
  registry information regarding the individual and the death. The
  information must include:
               (1)  the age of the individual;
               (2)  the time and date of the individual's death;
               (3)  a description of the location where and the
  circumstances under which the cardiac arrest occurred;
               (4)  a description of the activity in which the
  individual was engaged at the time the cardiac arrest occurred;
               (5)  a statement on whether the individual was an
  athlete and if an athlete, each sport the individual participated
  in and the level at which the individual participated in each sport;
               (6)  if known by the physician or the individual's
  family, a statement of whether the individual at any time tested
  positive for coronavirus disease (COVID-19); and
               (7)  any other information the center determines
  appropriate.
         Sec. 93A.003.  PHYSICIAN ACCESS TO REGISTRY; ANNUAL REPORT.
  (a) The center shall ensure that information maintained in the
  registry is accessible to physicians who provide medical care to
  student athletes participating in a sport at any level. The
  information must be aggregated and machine-readable in a manner
  that allows a physician described by this subsection to easily
  navigate the information.
         (b)  Not later than September 1 of each even-numbered year,
  the center shall prepare and submit to the legislature a written
  report that summarizes the information submitted to the center for
  inclusion in the registry during the preceding two years.
         Sec. 93A.004.  CONFIDENTIALITY. The center shall ensure
  that information accessible to a physician or submitted to the
  legislature under Section 93A.003 does not disclose an individual's
  personally identifiable information or information that is
  confidential under state or federal law.
         Sec. 93A.005.  ADMINISTRATIVE PENALTY. (a) The Texas
  Medical Board may assess an administrative penalty against a
  physician who violates Section 93A.002. The administrative penalty
  may not exceed $500 for each violation and shall be based on:
               (1)  the history of previous violations;
               (2)  the amount necessary to deter a future violation;
               (3)  the efforts to correct the violation; and
               (4)  any other matter that justice may require.
         (b)  The Texas Medical Board by rule shall establish a
  procedure to collect the administrative penalty. A proceeding to
  impose the administrative penalty is considered a contested case
  under Chapter 2001, Government Code.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, The University of Texas Southwestern Medical Center
  shall establish the cardiac arrest registry as required by Chapter
  93A, Health and Safety Code, as added by this Act.
         SECTION 3.  This Act takes effect September 1, 2023.
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