Bill Text: TX HB1164 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to patient safety practices regarding placenta accreta spectrum disorder.
Spectrum: Slight Partisan Bill (Democrat 7-3)
Status: (Passed) 2021-06-15 - Effective on 9/1/21 [HB1164 Detail]
Download: Texas-2021-HB1164-Enrolled.html
H.B. No. 1164 |
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relating to patient safety practices regarding placenta accreta | ||
spectrum disorder. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter H, Chapter 241, Health and Safety | ||
Code, is amended by adding Section 241.1837 to read as follows: | ||
Sec. 241.1837. PATIENT SAFETY PRACTICES REGARDING PLACENTA | ||
ACCRETA SPECTRUM DISORDER. (a) In this section: | ||
(1) "Placenta accreta spectrum disorder" includes | ||
placenta accreta, placenta increta, and placenta percreta. | ||
(2) "Telemedicine medical service" has the meaning | ||
assigned by Section 111.001, Occupations Code. | ||
(b) The executive commissioner, in consultation with the | ||
department, the Perinatal Advisory Council established under | ||
Section 241.187, and other interested persons described by | ||
Subsection (c), shall by rule develop patient safety practices for | ||
the evaluation, diagnosis, treatment, and management of placenta | ||
accreta spectrum disorder. | ||
(c) In adopting the patient safety practices under | ||
Subsection (b), the executive commissioner must consult with: | ||
(1) physicians and other health professionals who | ||
practice in the evaluation, diagnosis, treatment, and management of | ||
placenta accreta spectrum disorder; | ||
(2) health researchers with expertise in placenta | ||
accreta spectrum disorder; | ||
(3) representatives of patient advocacy | ||
organizations; and | ||
(4) other interested persons. | ||
(d) The patient safety practices developed under Subsection | ||
(b) must, at a minimum, require a hospital assigned a maternal level | ||
of care designation under Section 241.182 to: | ||
(1) screen patients for placenta accreta spectrum | ||
disorder, if appropriate; | ||
(2) manage patients with placenta accreta spectrum | ||
disorder, including referring and transporting patients to a higher | ||
level of care when clinically indicated; | ||
(3) foster telemedicine medical services, referral, | ||
and transport relationships with other hospitals assigned a | ||
maternal level of care designation under Section 241.182 for the | ||
treatment and management of placenta accreta spectrum disorder; | ||
(4) address inpatient postpartum care for patients | ||
diagnosed with placenta accreta spectrum disorder; and | ||
(5) develop a written hospital preparedness and | ||
management plan for patients with placenta accreta spectrum | ||
disorder who are undiagnosed until delivery, including educating | ||
hospital and medical staff who may be involved in the treatment and | ||
management of placenta accreta spectrum disorder. | ||
(e) In addition to implementing the patient safety | ||
practices required by Subsection (d), a hospital assigned a level | ||
IV maternal designation shall have available a multidisciplinary | ||
team of health professionals who participate in continuing staff | ||
and team-based education and training to care for patients with | ||
placenta accreta spectrum disorder. | ||
(f) The team of health professionals described by | ||
Subsection (e) may include anesthesiologists, | ||
obstetricians/gynecologists, urologists, surgical specialists, | ||
interventional radiologists, and other health professionals who | ||
are timely available on urgent request to assist in attending to a | ||
patient with placenta accreta spectrum disorder. | ||
(g) The Perinatal Advisory Council, using data collected by | ||
the department from available sources related to placenta accreta | ||
spectrum disorder, shall recommend rules on patient safety | ||
practices for the evaluation, diagnosis, treatment, management, | ||
and reporting of placenta accreta spectrum disorder. The rules | ||
adopted under this subsection from the council's recommendations | ||
must be included in the patient safety practices a hospital | ||
assigned a maternal level of care designation under Section 241.182 | ||
is required to adopt under Subsection (d). | ||
(h) Notwithstanding any other law, this section, including | ||
the use of or failure to use any patient safety practices, | ||
information, or materials developed or disseminated under this | ||
section, does not create a civil, criminal, or administrative cause | ||
of action or liability or create a standard of care, obligation, or | ||
duty that provides a basis for a cause of action, and may not be | ||
referred to or used as evidence in a health care liability claim | ||
under Chapter 74, Civil Practice and Remedies Code. | ||
SECTION 2. Section 241.187(h), Health and Safety Code, is | ||
amended to read as follows: | ||
(h) In developing the criteria for the levels of neonatal | ||
and maternal care, the advisory council shall consider: | ||
(1) any recommendations or publications of the | ||
American Academy of Pediatrics and the American College [ |
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of Obstetricians and Gynecologists, including "Guidelines for | ||
Perinatal Care"; | ||
(2) any guidelines developed by the Society of | ||
Maternal-Fetal Medicine; [ |
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(3) the geographic and varied needs of citizens of | ||
this state; and | ||
(4) the patient safety practices adopted under Section | ||
241.1837. | ||
SECTION 3. (a) Not later than December 1, 2021: | ||
(1) the Department of State Health Services, in | ||
collaboration with the Perinatal Advisory Council established | ||
under Section 241.187, Health and Safety Code, shall consult with | ||
interested persons as required by Section 241.1837(c), Health and | ||
Safety Code, as added by this Act; and | ||
(2) the Department of State Health Services shall | ||
collect and provide to the Perinatal Advisory Council the data | ||
required by Section 241.1837(g), Health and Safety Code, as added | ||
by this Act. | ||
(b) Not later than August 1, 2022, the executive | ||
commissioner of the Health and Human Services Commission shall | ||
adopt rules regarding patient safety practices for the treatment of | ||
placenta accreta spectrum disorder as required by Section 241.1837, | ||
Health and Safety Code, as added by this Act, based on the Perinatal | ||
Advisory Council's recommendations as required by Section | ||
241.1837(g), Health and Safety Code, as added by this Act. | ||
(c) Not later than October 1, 2022, a hospital with a | ||
maternal level of care designation as described by Section 241.182, | ||
Health and Safety Code, shall adopt patient safety practices for | ||
the treatment of placenta accreta spectrum disorder as required by | ||
Section 241.1837, Health and Safety Code, as added by this Act. | ||
(d) Notwithstanding Section 241.1837, Health and Safety | ||
Code, as added by this Act, a hospital assigned a maternal level of | ||
care designation under Section 241.182, Health and Safety Code, is | ||
not required to comply with Section 241.1837 before January 1, | ||
2023. | ||
SECTION 4. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1164 was passed by the House on April | ||
28, 2021, by the following vote: Yeas 137, Nays 5, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 1164 on May 28, 2021, by the following vote: Yeas 139, Nays 5, | ||
1 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1164 was passed by the Senate, with | ||
amendments, on May 25, 2021, by the following vote: Yeas 30, Nays | ||
1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |