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AN ACT
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relating to the establishment of a statewide telehealth center for |
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sexual assault forensic medical examination. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 420, Government Code, is amended by |
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adding Subchapter E to read as follows: |
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SUBCHAPTER E. STATEWIDE TELEHEALTH CENTER FOR SEXUAL ASSAULT |
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FORENSIC MEDICAL EXAMINATION |
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Sec. 420.101. DEFINITIONS. In this subchapter: |
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(1) "Center" means the statewide telehealth center for |
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sexual assault forensic medical examination. |
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(2) "Telehealth service" has the meaning assigned by |
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Section 111.001, Occupations Code. |
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Sec. 420.102. ESTABLISHMENT OF CENTER. The attorney |
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general shall establish the statewide telehealth center for sexual |
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assault forensic medical examination to expand access to sexual |
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assault nurse examiners for underserved populations. |
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Sec. 420.103. POWERS OF CENTER. (a) In accordance with |
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other law, the center may facilitate in person or through |
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telecommunications or information technology the provision by a |
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sexual assault nurse examiner of: |
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(1) training or technical assistance to a sexual |
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assault examiner on: |
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(A) conducting a forensic medical examination on |
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a survivor; and |
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(B) the use of telehealth services; and |
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(2) consultation services, guidance, or technical |
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assistance to a sexual assault examiner during a forensic medical |
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examination on a survivor. |
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(b) With permission from the facility or entity where a |
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forensic medical examination on a survivor is conducted and to the |
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extent authorized by other law, the center may facilitate the use of |
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telehealth services during a forensic medical examination on a |
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survivor. |
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(c) The center may deliver other services as requested by |
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the attorney general to carry out the purposes of this subchapter. |
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Sec. 420.104. OPERATION PROTOCOLS REQUIRED. (a) The |
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center and the attorney general shall develop operation protocols |
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to address compliance with applicable laws and rules governing: |
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(1) telehealth services; |
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(2) standards of professional conduct for licensure |
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and practice; |
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(3) standards of care; |
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(4) maintenance of records; |
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(5) technology requirements; |
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(6) data privacy and security of patient information; |
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and |
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(7) the operation of a telehealth center. |
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(b) The center shall make every effort to ensure the system |
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through which the center operates for the provision of telehealth |
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services meets national standards for interoperability to connect |
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to telehealth systems outside of the center. |
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Sec. 420.105. AUTHORIZED CONTRACTS. The attorney general |
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may enter into any contract the attorney general considers |
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necessary to implement this subchapter, including a contract to: |
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(1) develop, implement, maintain, or operate the |
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center; |
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(2) train or provide technical assistance for health |
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care professionals on conducting forensic medical examinations and |
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the use of telehealth services; or |
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(3) provide consultation, guidance, or technical |
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assistance for health care professionals using telehealth services |
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during a forensic medical examination. |
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Sec. 420.106. FUNDING. (a) The legislature may |
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appropriate money to the attorney general to establish the center. |
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(b) The attorney general may provide funds to the center |
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for: |
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(1) establishing and maintaining the operations of the |
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center; |
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(2) training conducted by or through the center; |
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(3) travel expenses incurred by a sexual assault nurse |
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examiner for: |
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(A) carrying out the nurse's duties under Section |
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420.103(a); or |
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(B) testifying as a witness outside the nurse's |
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county of residence; |
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(4) equipment and software applications for the |
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center; and |
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(5) any other purpose considered appropriate by the |
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attorney general. |
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Sec. 420.107. CONSULTATION REQUIRED. In implementing this |
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subchapter, the attorney general shall consult with persons with |
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expertise in medicine and forensic medical examinations, a |
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statewide sexual assault coalition, a statewide organization with |
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expertise in the operation of children's advocacy programs, and |
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attorneys with expertise in prosecuting sexual assault offenses. |
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Sec. 420.108. RULES. The attorney general may adopt rules |
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as necessary to implement this subchapter. |
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SECTION 2. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 71 passed the Senate on |
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April 4, 2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 71 passed the House on |
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May 22, 2019, by the following vote: Yeas 143, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |