SECTION 254.2. Poison Control Coordinating Committee

(a) Purpose. Establish the Poison Control Coordinating Committee (Committee) created by Health and Safety Code §777.008. The Committee shall coordinate the activities of the regional poison control centers (RPCCs) and advise the Commission on State Emergency Communications (Commission) on:

(1) promoting public safety and injury prevention through well-coordinated poison control activities within the state of Texas;

(2) providing information and educational programs for communities and health care professionals;

(3) providing poison prevention education to the public, and informing and educating health professionals on the management of poison and overdose victims;

(4) providing technical assistance to state agencies requesting toxicology assistance; and

(5) providing consultation services concerning medical toxicology.

(b) Tasks. The Committee is tasked with:

(1) advising the Commission on rules relating to the poison control program;

(2) advising the Commission regarding the requirements of Health and Safety Code, Chapter 777, Regional Poison Control Centers;

(3) advising the Commission on the guidelines for an RPCC to achieve and maintain accreditation through the American Association of Poison Control Centers (AAPCC);

(4) coordinating with Commission staff the poison control program's input into the Commission's Strategic Plan and Legislative Appropriations Request; and

(5) coordinating, partnering, and evaluating in accordance with the Commission's adopted Committee bylaws.

(c) Composition. The Committee is composed of:

(1) one public member appointed by the Commission;

(2) six members who represent the six RPCCs, one member each appointed by the chief executive officer of each RPCC or the functional equivalent;

(3) one member appointed by the commissioner of the Department of State Health Services (DSHS); and

(4) one member who is a health care professional designated as the poison control program coordinator appointed by the Commission.

(d) Bylaws. The Committee shall draft bylaws for approval by the Commission.

(e) Terms of Office. Each member shall be appointed for a term of six years.

(1) Member terms begin on September 1 of the year of appointment.

(2) Members shall continue to serve after the expiration of their term until a replacement member is appointed.

(3) If a vacancy occurs, a person shall be appointed to serve the unexpired portion of that member's term.

(4) Members serve staggered terms, with the terms of one-third of the members expiring August 31 of each odd-numbered year. To implement staggered terms, the initial terms of each member are as follows:

(A) public member and two RPCC members--2011;

(B) DSHS member and two RPCC members--2013; and

(C) Commission member and two RPCC members--2015.

(f) Committee Meeting Attendance. Members shall attend scheduled Committee meetings.

(1) A member shall notify the presiding officer or Commission staff if the member is unable to attend a scheduled meeting.

(2) It is grounds for removal, including by the Commission, if a member cannot discharge the member's duties for a substantial part of the member's appointed term because of illness or disability, is absent from more than half of the Committee meetings during a fiscal year, or is absent from at least three consecutive Committee meetings. The validity of an action of the Committee is not affected by the fact that it is taken when a ground for removal of a member exists.

(g) Statement by Members.

(1) The Commission and the Committee shall not be bound in any way by any statement or action on the part of any Committee member except when a statement or action is in pursuit of specific instructions from the Commission or Committee.

(2) The Committee and its members may not participate in legislative activity in the name of the Commission or the Committee except with approval through the Commission's legislative process. Committee members are not prohibited from representing themselves, their RPCC, or other entities in the legislative process.

(h) Reimbursement for Expenses. In accordance with the requirements set forth in Government Code, Chapter 2110, a Committee member may only receive reimbursement for the member's expenses, including travel expenses, incurred for each day the member engages in official Committee business from appropriated funds if authorized by the General Appropriations Act or budget execution process.

(1) No compensatory per diem shall be paid to Committee members unless required by law.

(2) A Committee member who is an employee of a state agency, other than the Commission or DSHS, may not receive reimbursement for expenses from the Commission.

(3) A nonmember of the Committee who is appointed to serve on a subcommittee may not receive reimbursement for expenses from appropriated funds unless authorized in accordance with subsection (h) of this section and approved by the Commission's Executive Director.

(4) Each member who is to be reimbursed for expenses shall submit to Commission staff the member's receipts for expenses and any required official forms no later than 14 days after each Committee meeting.

(5) Requests for reimbursement of expenses shall be made on official state travel vouchers prepared by Commission staff.

(i) Reporting to the Commission. The Committee shall submit written reports to the Commission in accordance with Committee bylaws; and additionally as follows:

(1) by September 1 of each year submit an annual report to the Commission that includes, but is not limited to, the following:

(A) an update on the Committee's work, including:

(i) Committee meeting dates;

(ii) member attendance records;

(iii) description of actions taken by the Committee;

(iv) description of how the Committee has accomplished or addressed the tasks and issues assigned to the Committee by the Commission;

(v) information on available grants and any grant funding received by the RPCCs; and

(vi) anticipated future activities of the Committee;

(B) description of the usefulness of the Committee's work; and

(C) statement of costs related to the Committee, including the cost of Commission staff time spent in support of the Committee;

(2) by June 1 in even-numbered years, a report advising and making recommendations regarding development of the Commission's biennial Strategic Plan and Legislative Appropriations Request; and

(3) by June 1 in odd-numbered years, a report on the distribution of appropriated funding, the implementation of legislative requirements, and other information as may be determined by the Commission.

(j) Commission Staff. Support for the Committee shall be provided by Commission staff.

(k) Advisory Committee. The Committee is an advisory committee in that it does not supervise or control public business or policy. As an advisory committee, the Committee is not subject to the Open Meetings Act (Texas Government Code, Chapter 551).

(l) Applicable law. The Committee is subject to Government Code, Chapter 2110, concerning state agency advisory committees.

(m) Commission Evaluation. The Commission shall annually evaluate the Committee's work, usefulness, and the costs related to the Committee, including the cost of Commission staff time spent supporting the Committee's activities.

(n) Report to the Legislative Budget Board. The Commission shall report to the Legislative Budget Board the information developed in subsection (m) of this section on a biennial basis as part of the Commission's Legislative Appropriations Request.

(o) Review and Duration. Before September 1, 2029, the Commission will initiate and complete a review of the Committee to determine whether the Committee should be continued or abolished. If the Committee is not continued, it shall be automatically abolished on September 1, 2029.

Source Note: The provisions of this §254.2 adopted to be effective May 4, 2010, 35 TexReg 3466; amended to be effective April 1, 2015, 40 TexReg 1849; amended to be effective August 16, 2020, 45 TexReg 5508; amended to be effective October 18, 2023, 48 TexReg 5977