By Van de Putte                                       H.B. No. 2385
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to pediatric emergency medical services.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 773, Health and Safety Code, is amended
    1-5  by adding Subchapter G to read as follows:
    1-6          SUBCHAPTER G.  PEDIATRIC EMERGENCY MEDICAL SERVICES
    1-7        Sec. 773.171.  EMERGENCY MEDICAL SERVICES FOR CHILDREN
    1-8  PROGRAM.  (a)  The emergency medical services for children program
    1-9  is in the bureau of emergency management.
   1-10        (b)  The department shall provide coordination and support
   1-11  for a statewide pediatric emergency services system.
   1-12        (c)  The department may solicit, receive, and spend funds it
   1-13  receives from the federal government and public or private sources
   1-14  to carry out the purposes of this subchapter.
   1-15        Sec. 773.172.  PEDIATRIC EMERGENCY MEDICAL SERVICES ADVISORY
   1-16  COMMITTEE.  (a)  The Pediatric Emergency Medical Services Advisory
   1-17  Committee is composed of seven members appointed by the
   1-18  Commissioner or the Commissioners' designee.
   1-19        (b)  The members must include individuals who are clinical
   1-20  management, clinical education, and administration experts in the
   1-21  areas of prehospital care, emergency room care, acute care, and
   1-22  rehabilitation of pediatric patients. 
   1-23        (c)  Members are appointed for staggered six-year terms, with
    2-1  the terms of a portion of the members expiring August 31 of each
    2-2  odd-numbered year.  If a vacancy occurs on the committee, the board
    2-3  shall appoint a person to serve for the remainder of the unexpired
    2-4  term.
    2-5        (d)  The committee may adopt rules for the conduct of its
    2-6  activities and may elect a presiding officer from among its
    2-7  members.  The committee shall meet in Austin at least quarterly.
    2-8        (e)  The committee shall advise the department on the
    2-9  emergency medical needs of pediatric patients and shall recommend
   2-10  for the board's consideration rules providing minimum standards and
   2-11  objectives to implement this subchapter.  Committee members serve
   2-12  as pediatric experts to advise the board and to serve as liaison
   2-13  members for other committees associated with the bureau, including
   2-14  the Emergency Medical Services Advisory Council, the trauma
   2-15  technical advisory committee, and the coordinating committee on
   2-16  poison control.
   2-17        Sec. 773.173.  DUTIES OF BOARD; RULES.  (a)  On the
   2-18  recommendation of the advisory committee, the board shall adopt
   2-19  minimum standards and objectives to implement a pediatric emergency
   2-20  services system, including rules that:
   2-21              (1)  provide guidelines for categorization of a
   2-22  facility's pediatric capability;
   2-23              (2)  provide for triage, transfer, and transportation
   2-24  policies for pediatric care;
   2-25              (3)  establish guidelines for:
    3-1                    (A)  prehospital care management for triage and
    3-2  transportation of a pediatric patient;
    3-3                    (B)  prehospital and hospital equipment that is
    3-4  necessary and appropriate for the care of a pediatric patient;
    3-5                    (C)  necessary pediatric emergency equipment and
    3-6  training in long-term care facilities; and
    3-7                    (D)  an interhospital transfer system for a
    3-8  critically ill or injured pediatric patient; and
    3-9              (4)  provide for data collection and analysis.
   3-10        (b)  The board and the advisory committee shall consider
   3-11  guidelines endorsed by the American Academy of Pediatrics and the
   3-12  American College of Surgeons in recommending and adopting rules
   3-13  under this section.
   3-14        (c)  The bureau may grant an exception to a rule adopted
   3-15  under this section if it finds that compliance with the rule would
   3-16  not be in the best interests of persons served in the affected
   3-17  local pediatric emergency medical services system.
   3-18        (d)  This subchapter does not prohibit a health care facility
   3-19  from providing services that it is authorized to provide under a
   3-20  license issued to the facility by the department.
   3-21        SECTION 2.  Two initial members appointed to the Pediatric
   3-22  Emergency Medical Services Advisory Committee serve for terms
   3-23  expiring August 31, 1995, two initial members serve for terms
   3-24  expiring August 31, 1997, and three initial members serve for terms
   3-25  expiring August 31, 1999.  The seven initial members shall draw
    4-1  lots to determine the lengths of their terms.
    4-2        SECTION 3.  The importance of this legislation and the
    4-3  crowded condition of the calendars in both houses create an
    4-4  emergency and an imperative public necessity that the
    4-5  constitutional rule requiring bills to be read on three several
    4-6  days in each house be suspended, and this rule is hereby suspended,