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.