    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 standardize the operations of and implement management controls to improve the efficiency of 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 (H.B. 1093), Sec. 4, eff. September 1, 2009.Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 27.01, eff. September 28, 2011.

    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 (H.B. 1093), 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 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 (H.B. 1093), Sec. 6, eff. September 1, 2009.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1574, eff. April 2, 2015.

    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 (H.B. 1093), 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 (H.B. 1093), 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 (H.B. 1093), 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 (H.B. 1093), Sec. 9, eff. September 1, 2009.