BILL ANALYSIS



Public Health Committee
C.S.H.B. 1145
By: J. Harris
03-21-95
Committee Report (Substituted)


BACKGROUND

Following completion of an emergency medical service (EMS) training
program, candidates for EMS certification cannot use the skills
learned in training until they have passed the certification exam.
Small, volunteer EMS providers are understaffed, and fire
departments throughout Texas have up to 6,000 EMS training course
graduates on the payroll each year who are not working at full
capacity while awaiting certification. Other health professions
allow people to work on a provisional status as a graduate of the
training program until the licensing or certification process is
complete.

PURPOSE

This bill would allow EMS trainees to work with EMS personnel prior
to completing examination requirements for full certification, and
the substitute for H.B. 1145 clarifies that the Texas Board of
Health shall set the rules concerning the qualifications required
to obtain EMS provisional certification.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill expressly grants
additional rulemaking authority to the Texas Board of Health in
Section 1 of the bill (Subsections (a) and (b) of Section 773.0551,
Health and Safety Code).

SECTION BY SECTION ANALYSIS

SECTION 1.  Adds Section 773.0551 to the Health and Safety Code as
follows:

     Subsection (a) authorizes the Texas Department of Health to
     issue a provisional certificate to a person who has not yet
     taken the exam and possesses the qualifications for
     certification as required by rules adopted by the Board.

     Subsection (b) allows a provisional certificate holder to
     provide EMS services only as permitted under rules adopted by
     the Board.

     Subsection (c) sets the conditions under which a provisional
     certificate expires.

SECTION 2. Effective date: September 1, 1995. The Board must adopt
rules by December 31,         1995.

SECTION 3. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

When asked for official input on H.B. 1145, the Texas Department of
Health expressed concern that certain provisions in the original
bill would conflict with present standards of care and be out of
line with the intent of the EMS community by authorizing
individuals who were simply enrolled in emergency medical programs
to provide emergency care. This substitute clarifies that the
person obtaining provisional certification must qualify according
to the rules set by the Board.
SUMMARY OF COMMITTEE ACTION

H.B. 1145 was considered by the Public Health Committee in a public
hearing on March 21, 1995. The committee considered a complete
substitute for the bill. The substitute was adopted without
objection.

The following persons testified for the bill:
Representative Jack Harris, author of the bill.
Dennis Hebner, representing self.

The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 8
Ayes, 0 Nays, 0 PNV, and 1 Absent.