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.