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.