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.