By Driver                                              H.B. No. 235
       74R1147 DLF-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to emergency medical information services provided through
    1-3  9-1-1 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)  "Governmental unit" has the meaning assigned by
   1-12  Section 101.001, Civil Practice and Remedies Code.
   1-13              (4)  "9-1-1 service" has the meaning assigned by
   1-14  Section 771.001.
   1-15              (5)  "Public safety answering point" has the meaning
   1-16  assigned by Section 771.001.
   1-17        Sec. 778.002.  PROVISION OF EMERGENCY MEDICAL INFORMATION
   1-18  SERVICES.  (a)  A public safety answering point may provide
   1-19  emergency medical information through a 9-1-1 service in accordance
   1-20  with this chapter.
   1-21        (b)  Information provided under this chapter must:
   1-22              (1)  be of a type easily communicated by telephone to a
   1-23  person who is not trained in emergency medical care;
   1-24              (2)  be provided by employees of the public safety
    2-1  answering point who have received training as required by this
    2-2  chapter; and
    2-3              (3)  be substantially in the form contained in the
    2-4  emergency medical services manual developed by the board.
    2-5        Sec. 778.003.  TRAINING.  (a)  To provide emergency medical
    2-6  information services under this chapter, an employee of a public
    2-7  safety answering point must complete a training program approved by
    2-8  the board.
    2-9        (b)  The board may require an employee of a public safety
   2-10  answering point to successfully pass an examination to complete
   2-11  training under this section.
   2-12        Sec. 778.004.  MANUAL.  (a)  The board shall adopt a manual
   2-13  of emergency medical information to be used by employees of public
   2-14  safety answering points in providing emergency medical information
   2-15  under this chapter.
   2-16        (b)  The department may charge a reasonable fee for the
   2-17  manual.
   2-18        Sec. 778.005.  INFORMATION PROTOCOL.  (a)  The board shall
   2-19  adopt a protocol for the delivery of emergency medical information
   2-20  under this chapter.
   2-21        (b)  The protocol must include a requirement that the public
   2-22  safety answering point maintain a record of emergency medical
   2-23  information telephone calls, including:
   2-24              (1)  the time, date, and nature of the emergency for
   2-25  which the emergency medical information is provided;
   2-26              (2)  the substance of the information about the
   2-27  emergency provided by the caller; and
    3-1              (3)  the substance of the emergency medical information
    3-2  provided.
    3-3        Sec. 778.006.  PARTICIPATION OPTIONAL; COST.  (a)  A public
    3-4  safety answering point is not required to provide emergency medical
    3-5  information.
    3-6        (b)  A public safety answering point that provides emergency
    3-7  medical information shall bear the cost of training employees and
    3-8  purchasing necessary manuals.
    3-9        Sec. 778.007.  IMMUNITY FROM LIABILITY.  (a)  Notwithstanding
   3-10  Chapter 101, Civil Practice and Remedies Code, or any other law, a
   3-11  public safety answering point that is a governmental unit is not
   3-12  liable for property damage, personal injury, or death arising in
   3-13  connection with the provision of or failure to provide emergency
   3-14  medical information under this chapter.
   3-15        (b)  A public safety answering point that is not a
   3-16  governmental unit but that provides emergency medical information
   3-17  under contract to a governmental unit is not liable for property
   3-18  damage, personal injury, or death arising in connection with the
   3-19  provision of or failure to provide emergency medical information
   3-20  under this chapter if:
   3-21              (1)  each employee of the public safety answering point
   3-22  who is authorized to provide emergency medical information has
   3-23  completed the training required by this chapter; and
   3-24              (2)  the public safety answering point adopts a policy
   3-25  requiring each employee who is authorized to provide emergency
   3-26  medical information to comply with the protocol adopted by the
   3-27  board under this chapter.
    4-1        (c)  An employee of a public safety answering point is not
    4-2  liable for property damage, personal injury, or death arising in
    4-3  connection with the provision of or the failure to provide
    4-4  emergency medical information under this chapter if the employee:
    4-5              (1)  has completed the training required by this
    4-6  chapter; and
    4-7              (2)  complies with the protocol adopted by the board
    4-8  under this chapter in connection with the emergency from which the
    4-9  property damage, personal injury, or death arises.
   4-10        SECTION 2.  Section 771.053, Health and Safety Code, is
   4-11  amended by adding Subsection (c) to read as follows:
   4-12        (c)  This section does not apply to a claim for property
   4-13  damage, personal injury, or death arising in connection with the
   4-14  provision of or failure to provide emergency medical information to
   4-15  the extent that the claim is governed by Section 778.007.
   4-16        SECTION 3.  Section 101.062, Civil Practice and Remedies
   4-17  Code, is amended by amending Subsection (b) and adding Subsection
   4-18  (c) to read as follows:
   4-19        (b)  Except as provided by Subsection (c), this <This>
   4-20  chapter applies to a claim against a public agency that arises from
   4-21  an action of an employee of the public agency or a volunteer under
   4-22  direction of the public agency and that involves providing 9-1-1
   4-23  service or responding to a 9-1-1 emergency call only if the action
   4-24  violates a statute or ordinance applicable to the action.
   4-25        (c)  This chapter does not apply to a claim against a public
   4-26  safety answering point that is governed by Section 778.007, Health
   4-27  and Safety Code.
    5-1        SECTION 4.  (a)  This Act takes effect September 1, 1995.
    5-2        (b)  Not later than January 1, 1996, the Texas Board of
    5-3  Health shall approve the initial emergency medical services
    5-4  training program and shall adopt the initial emergency medical
    5-5  services manual and protocol, as required by Chapter 778, Health
    5-6  and Safety Code, as added by this Act.
    5-7        SECTION 5.  The importance of this legislation and the
    5-8  crowded condition of the calendars in both houses create an
    5-9  emergency and an imperative public necessity that the
   5-10  constitutional rule requiring bills to be read on three several
   5-11  days in each house be suspended, and this rule is hereby suspended.