74R7015 DLF-D
          By Driver                                              H.B. No. 235
          Substitute the following for H.B. No. 235:
          By Driver                                          C.S.H.B. No. 235
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the provision of emergency medical information
    1-3  services.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subtitle B, Title 9, Health and Safety Code, is
    1-6  amended by adding Chapter 778 to read as follows:
    1-7         CHAPTER 778.  EMERGENCY MEDICAL INFORMATION SERVICES
    1-8        Sec. 778.001.  DEFINITIONS.  In this chapter:
    1-9              (1)  "Board" means the Texas Board of Health.
   1-10              (2)  "Department" means the Texas Department of Health.
   1-11              (3)  "Emergency communication center" means a location
   1-12  staffed and equipped to receive and either transmit or dispatch
   1-13  emergency calls, such as:
   1-14                    (A)  a poison control center; or
   1-15                    (B)  a dispatch center affiliated with:
   1-16                          (i)  a law enforcement agency;
   1-17                          (ii)  a fire department, including a
   1-18  volunteer fire department; or
   1-19                          (iii)  an emergency medical service.
   1-20              (4)  "Governmental unit" has the meaning assigned by
   1-21  Section 101.001, Civil Practice and Remedies Code.
   1-22        Sec. 778.002.  PROVISION OF EMERGENCY MEDICAL INFORMATION
   1-23  SERVICES.  (a)  An emergency communication center may provide
   1-24  emergency medical information, as defined by the board, in
    2-1  accordance with this chapter.
    2-2        (b)  The board by rule shall designate the types of emergency
    2-3  communication centers that may provide emergency medical
    2-4  information under this chapter.
    2-5        (c)  Information provided under this chapter must:
    2-6              (1)  be of a type easily communicated by telephone to a
    2-7  person who is not trained in emergency medical care; and
    2-8              (2)  be provided by employees or volunteers of the
    2-9  emergency communication center who have received training as
   2-10  required by this chapter.
   2-11        Sec. 778.003.  MINIMUM STANDARDS.  (a)  The board by rule
   2-12  shall adopt minimum standards for:
   2-13              (1)  emergency medical information training programs;
   2-14              (2)  the form and content of emergency medical
   2-15  information that may be provided under this chapter; and
   2-16              (3)  the protocol for the delivery of emergency medical
   2-17  information.
   2-18        (b)  Minimum standards adopted under Subsection (a)(3) must
   2-19  include a requirement that the emergency communication center
   2-20  maintain a record of emergency medical information telephone calls,
   2-21  including:
   2-22              (1)  the time and date of each call and the nature of
   2-23  the emergency for which the emergency medical information is
   2-24  provided;
   2-25              (2)  the substance of the information about the
   2-26  emergency provided by the caller; and
   2-27              (3)  the substance of the emergency medical information
    3-1  provided.
    3-2        (c)  In developing the minimum standards, the board shall
    3-3  consider nationally recognized training programs and training
    3-4  programs offered in this state.
    3-5        Sec. 778.004.  TRAINING REQUIRED; APPROVED PROGRAM.  (a)  To
    3-6  provide emergency medical information services under this chapter,
    3-7  an employee or a volunteer of an emergency communication center
    3-8  must complete a training program approved by the department.
    3-9        (b)  The department shall approve a program if it finds that
   3-10  the program satisfies the minimum standards established under
   3-11  Section 778.003(a)(1).  The department may not charge a fee for
   3-12  approval of a program.
   3-13        (c)  The department may require an employee or a volunteer of
   3-14  an emergency communication center to demonstrate competence in
   3-15  providing emergency medical information or may require that the
   3-16  training program include a demonstration of competence.  If the
   3-17  department administers the demonstration of competence, the
   3-18  department may charge a reasonable fee to defray the department's
   3-19  expenses under this subsection.
   3-20        Sec. 778.005.  APPROVED PROTOCOL.  The department shall
   3-21  approve a protocol for the delivery of emergency medical
   3-22  information if the protocol meets the minimum standards adopted by
   3-23  the board under Section 778.003(a)(3).  The department may not
   3-24  charge a fee for approval of a protocol.
   3-25        Sec. 778.006.  ASSISTANCE.  (a)  The department shall:
   3-26              (1)  assist emergency communication centers, local
   3-27  governmental units, and other entities that provide emergency
    4-1  medical information in accordance with this chapter; and
    4-2              (2)  develop a model training program and related
    4-3  materials for emergency communication centers, local governmental
    4-4  units, and other entities to use.
    4-5        (b)  The department may charge a reasonable fee for materials
    4-6  and services provided under this section.  The fee may not exceed
    4-7  the cost of providing the materials and services.
    4-8        Sec. 778.007.  PARTICIPATION OPTIONAL.  An emergency
    4-9  communication center is not required to provide emergency medical
   4-10  information.
   4-11        Sec. 778.008.  IMMUNITY FROM LIABILITY.  (a)  Notwithstanding
   4-12  Chapter 101, Civil Practice and Remedies Code, or any other law, an
   4-13  emergency communication center that is a governmental unit is not
   4-14  liable for property damage, personal injury, or death arising in
   4-15  connection with the provision of or failure to provide emergency
   4-16  medical information under this chapter.
   4-17        (b)  An emergency communication center that is not a
   4-18  governmental unit but that provides emergency medical information
   4-19  under contract to a governmental unit is not liable for property
   4-20  damage, personal injury, or death arising in connection with the
   4-21  provision of or failure to provide emergency medical information
   4-22  under this chapter if:
   4-23              (1)  each employee or volunteer of the emergency
   4-24  communication center who is authorized to provide emergency medical
   4-25  information has completed the training required by this chapter;
   4-26  and
   4-27              (2)  the emergency communication center adopts a policy
    5-1  requiring each employee or volunteer who is authorized to provide
    5-2  emergency medical information to comply with the protocol approved
    5-3  by the department under this chapter.
    5-4        (c)  An employee or a volunteer of an emergency communication
    5-5  center who is authorized to provide emergency medical information
    5-6  is not liable for property damage, personal injury, or death
    5-7  arising in connection with the provision of or the failure to
    5-8  provide emergency medical information under this chapter if the
    5-9  employee or volunteer:
   5-10              (1)  has completed the training required by this
   5-11  chapter; and
   5-12              (2)  complies with a protocol approved by the
   5-13  department under this chapter in connection with the emergency from
   5-14  which the property damage, personal injury, or death arises.
   5-15        SECTION 2.  Section 84.007, Civil Practice and Remedies Code,
   5-16  is amended by adding Subsection (h) to read as follows:
   5-17        (h)  This chapter does not apply to a claim against an
   5-18  emergency communication center or an employee or a volunteer of an
   5-19  emergency communication center that is governed by Section 778.008,
   5-20  Health and Safety Code.
   5-21        SECTION 3.  Section 101.062, Civil Practice and Remedies
   5-22  Code, is amended by amending Subsection (b) and adding Subsection
   5-23  (c) to read as follows:
   5-24        (b)  Except as provided by Subsection (c), this <This>
   5-25  chapter applies to a claim against a public agency that arises from
   5-26  an action of an employee of the public agency or a volunteer under
   5-27  direction of the public agency and that involves providing 9-1-1
    6-1  service or responding to a 9-1-1 emergency call only if the action
    6-2  violates a statute or ordinance applicable to the action.
    6-3        (c)  This chapter does not apply to a claim against an
    6-4  emergency communication center that is governed by Section 778.008,
    6-5  Health and Safety Code.
    6-6        SECTION 4.  (a)  This Act takes effect September 1, 1995.
    6-7        (b)  On or after the effective date of this Act, a local
    6-8  governmental unit or other entity may:
    6-9              (1)  submit to the Texas Department of Health a
   6-10  training program and protocol for the delivery of emergency medical
   6-11  information; and
   6-12              (2)  identify one or more emergency communication
   6-13  centers for the provision of emergency medical information under
   6-14  Chapter 778, Health and Safety Code, as added by this Act.
   6-15        (c)  A training program or protocol submitted on or after
   6-16  September 1, 1995, but before January 1, 1996, is approved on the
   6-17  date it is submitted to the department.  Approval under this
   6-18  subsection continues until withdrawn by the department.
   6-19        (d)  An emergency communication center identified for the
   6-20  provision of emergency medical information on or after September 1,
   6-21  1995, but before January 1, 1996, is considered to be of a type
   6-22  designated by Texas Board of Health rule to provide emergency
   6-23  medical information under this chapter on the date the center is
   6-24  identified to the department and shall continue to be considered of
   6-25  a type designated by board rule to provide emergency medical
   6-26  information under this chapter until that designation is withdrawn
   6-27  by the department.
    7-1        (e)  Not later than January 1, 1996, the Texas Board of
    7-2  Health shall:
    7-3              (1)  adopt minimum standards as required by Section
    7-4  778.003, Health and Safety Code, as added by this Act; and
    7-5              (2)  adopt rules designating the types of emergency
    7-6  communication centers that may provide emergency medical
    7-7  information under Chapter 778, Health and Safety Code, as added by
    7-8  this Act.
    7-9        SECTION 5.  The importance of this legislation and the
   7-10  crowded condition of the calendars in both houses create an
   7-11  emergency and an imperative public necessity that the
   7-12  constitutional rule requiring bills to be read on three several
   7-13  days in each house be suspended, and this rule is hereby suspended.