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.