BILL ANALYSIS
H.B. 235
By: Driver (Sponsor)
Health and Human Services
5-11-95
Senate Committee Report (Unamended)
BACKGROUND
Under current state law, many emergency communication centers do
not provide pre-arrival emergency medical information because of
civil liability concerns and the cost and lack of availability of
appropriate training for employees and volunteers.
PURPOSE
As proposed, H.B. 235 authorizes certain emergency communication
centers to provide emergency medical information.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is granted
to the Texas Board of Health under SECTION 1 (Sections 778.002(b)
and 778.003(a), Health and Safety Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Title 9B, Health and Safety Code, by adding
Chapter 778, as follows:
CHAPTER 778. EMERGENCY MEDICAL INFORMATION SERVICES
Sec. 778.001. DEFINITIONS. Defines "board," "department,"
"emergency communication center," and "governmental unit."
Sec. 778.002. PROVISION OF EMERGENCY MEDICAL INFORMATION
SERVICES. (a) Authorizes an emergency communication center to
provide emergency medical information in accordance with this
chapter.
(b) Requires the Texas Board of Health (board), by rule, to
designate the types of emergency communication centers that
may provide emergency medical information under this
chapter.
(c) Requires the information under this chapter to be of a
type easily communicated by telephone to a person who is not
trained in emergency medical care, and to be provided by
employees or volunteers of the emergency communication
center who have received training as required by this
chapter.
Sec. 778.003. MINIMUM STANDARDS. (a) Requires the board, by
rule, to adopt minimum standards for emergency medical
information training programs, the form and content of
emergency medical information under this chapter, and the
protocol for the delivery of emergency medical information.
(b) Requires standards adopted under Subsection (a)(3) to
include a requirement that the emergency communication
center maintain a record of emergency medical information
telephone calls.
(c) Requires the board, in developing minimum standards, to
consider nationally recognized training programs and
training programs offered in this state.
Sec. 778.004. TRAINING REQUIRED; APPROVED PROGRAM. (a)
Requires an employee or volunteer of an emergency
communication center, in order to provide emergency medical
information services under this chapter, to complete a
training program approved by the Texas Department of Health
(department).
(b) Requires the department to approve a program if it finds
that the program satisfies the minimum standards under
Section 778.003(a)(1), and authorizes the department to
charge a fee for the program.
(c) Authorizes the department to require an employee or
volunteer of an emergency communication center to
demonstrate competence in providing emergency medical
information, or to require that the training program include
a demonstration of competence. Authorizes the department,
if it administers the demonstration of competence, to charge
a reasonable fee to defray the department's expenses.
(d) Authorizes an employee or volunteer of an emergency
communication center to satisfy any requirement imposed
under Subsection (c) by passing an examination approved by
the department and administered by or under the direction of
the local governmental unit. Prohibits the department from
charging a fee for approval of an examination under this
section.
Sec. 778.005. APPROVED PROTOCOL. Requires the department to
approve a protocol for the delivery of emergency medical
information if the protocol meets the minimum standards
adopted by the board under Section 778.003(a)(3). Prohibits
the department from charging a fee for approval of a protocol.
Sec. 778.006. ASSISTANCE. (a) Requires the department to
assist emergency communication centers, local governmental
units, and other entities that provide emergency medical
information in accordance with this chapter, and to develop a
model training program and related materials.
(b) Authorizes the department to charge a reasonable fee for
materials and services provided under this section.
Prohibits the fee from exceeding the cost of providing the
materials and services.
Sec. 778.007. PARTICIPATION OPTIONAL. Declares that an
emergency communication center is not required to provide
emergency medical information.
Sec. 778.008. IMMUNITY FROM LIABILITY. (a) Provides that an
emergency communication center that is a governmental unit is
not liable for property damage, personal injury, or death
arising in connection with the provision or failure to provide
emergency medical information under this chapter (liable).
(b) Provides that an emergency communication center that is
not a governmental unit but that provides emergency medical
information under contract to a governmental unit is not
liable if each employee or volunteer authorized to provide
such information has completed the required training and if
the center adopts a policy requiring each person authorized
to provide information to comply with the protocol approved
by the department.
(c) Provides that an employee or volunteer of an emergency
communication center who is authorized to provide emergency
medical information is not liable if the employee or
volunteer has completed the required training and complies
with a certain protocol approved by the department.
SECTION 2. Amends Section 84.007, Civil Practice and Remedies
Code, by adding Subsection (h), to declare that Chapter 778 does
not apply to a claim against an emergency communication center, or
an employee or volunteer of such a center, that is governed by
Section 778.008, Health and Safety Code.
SECTION 3. Amends Section 101.062, Civil Practice and Remedies
Code, by amending Subsection (b) and adding Subsection (c), as
follows:
(b) Declares that Chapter 778 applies to a claim against a
public agency that involves providing 9-1-1 service, except as
provided by Subsection (c).
(c) Declares that Chapter 778 does not apply to a claim
against an emergency communication center that is governed by
Section 778.008, Health and Safety Code.
SECTION 4. (a) Effective date: September 1, 1995.
(b) Makes application of this Act prospective.
(c) Provides that a training program or protocol submitted on
or after September 1, 1995, but before January 1, 1996, is
approved on the date it is submitted to the department.
Provides that approval under this subsection is continued
until withdrawn by the department.
(d) Considers an emergency communication center identified for
the provision of emergency medical information on or after
September 1, 1995, but before January 1, 1996, to be of a type
designated by Texas Board of Health rule to provide emergency
medical information under this chapter on the date the center
is identified to the department and until that designation is
withdrawn by the department.
(e) Requires the Texas Board of Health, not later than January
1, 1996, to adopt minimum standards as required by Section
778.003, Health and Safety Code, and to adopt rules under
Chapter 778, Health and Safety Code.
SECTION 5. Emergency clause.