1-1 By: Driver, et al. (Senate Sponsor - Nelson) H.B. No. 235
1-2 (In the Senate - Received from the House March 22, 1995;
1-3 March 23, 1995, read first time and referred to Committee on Health
1-4 and Human Services; May 10, 1995, reported favorably by the
1-5 following vote: Yeas 7, Nays 0; May 10, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the provision of emergency medical information
1-9 services.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subtitle B, Title 9, Health and Safety Code, is
1-12 amended by adding Chapter 778 to read as follows:
1-13 CHAPTER 778. EMERGENCY MEDICAL INFORMATION SERVICES
1-14 Sec. 778.001. DEFINITIONS. In this chapter:
1-15 (1) "Board" means the Texas Board of Health.
1-16 (2) "Department" means the Texas Department of Health.
1-17 (3) "Emergency communication center" means a location
1-18 staffed and equipped to receive and either transmit or dispatch
1-19 emergency calls, such as:
1-20 (A) a poison control center; or
1-21 (B) a dispatch center affiliated with:
1-22 (i) a law enforcement agency;
1-23 (ii) a fire department, including a
1-24 volunteer fire department; or
1-25 (iii) an emergency medical service.
1-26 (4) "Governmental unit" has the meaning assigned by
1-27 Section 101.001, Civil Practice and Remedies Code.
1-28 Sec. 778.002. PROVISION OF EMERGENCY MEDICAL INFORMATION
1-29 SERVICES. (a) An emergency communication center may provide
1-30 emergency medical information, as defined by the board, in
1-31 accordance with this chapter.
1-32 (b) The board by rule shall designate the types of emergency
1-33 communication centers that may provide emergency medical
1-34 information under this chapter.
1-35 (c) Information provided under this chapter must:
1-36 (1) be of a type easily communicated by telephone to a
1-37 person who is not trained in emergency medical care; and
1-38 (2) be provided by employees or volunteers of the
1-39 emergency communication center who have received training as
1-40 required by this chapter.
1-41 Sec. 778.003. MINIMUM STANDARDS. (a) The board by rule
1-42 shall adopt minimum standards for:
1-43 (1) emergency medical information training programs;
1-44 (2) the form and content of emergency medical
1-45 information that may be provided under this chapter; and
1-46 (3) the protocol for the delivery of emergency medical
1-47 information.
1-48 (b) Minimum standards adopted under Subsection (a)(3) must
1-49 include a requirement that the emergency communication center
1-50 maintain a record of emergency medical information telephone calls,
1-51 including:
1-52 (1) the time and date of each call and the nature of
1-53 the emergency for which the emergency medical information is
1-54 provided;
1-55 (2) the substance of the information about the
1-56 emergency provided by the caller; and
1-57 (3) the substance of the emergency medical information
1-58 provided.
1-59 (c) In developing the minimum standards, the board shall
1-60 consider nationally recognized training programs and training
1-61 programs offered in this state.
1-62 Sec. 778.004. TRAINING REQUIRED; APPROVED PROGRAM. (a) To
1-63 provide emergency medical information services under this chapter,
1-64 an employee or a volunteer of an emergency communication center
1-65 must complete a training program approved by the department.
1-66 (b) The department shall approve a program if it finds that
1-67 the program satisfies the minimum standards established under
1-68 Section 778.003(a)(1). The department may not charge a fee for
2-1 approval of a program.
2-2 (c) The department may require an employee or a volunteer of
2-3 an emergency communication center to demonstrate competence in
2-4 providing emergency medical information or may require that the
2-5 training program include a demonstration of competence. If the
2-6 department administers the demonstration of competence, the
2-7 department may charge a reasonable fee to defray the department's
2-8 expenses under this subsection.
2-9 (d) An employee or volunteer of an emergency communication
2-10 center for a local governmental unit may satisfy any requirement
2-11 imposed under Subsection (c) by passing an examination approved by
2-12 the department and administered by or under the direction of the
2-13 local governmental unit. The department may not charge a fee for
2-14 approval of an examination under this subsection.
2-15 Sec. 778.005. APPROVED PROTOCOL. The department shall
2-16 approve a protocol for the delivery of emergency medical
2-17 information if the protocol meets the minimum standards adopted by
2-18 the board under Section 778.003(a)(3). The department may not
2-19 charge a fee for approval of a protocol.
2-20 Sec. 778.006. ASSISTANCE. (a) The department shall:
2-21 (1) assist emergency communication centers, local
2-22 governmental units, and other entities that provide emergency
2-23 medical information in accordance with this chapter; and
2-24 (2) develop a model training program and related
2-25 materials for emergency communication centers, local governmental
2-26 units, and other entities to use.
2-27 (b) The department may charge a reasonable fee for materials
2-28 and services provided under this section. The fee may not exceed
2-29 the cost of providing the materials and services.
2-30 Sec. 778.007. PARTICIPATION OPTIONAL. An emergency
2-31 communication center is not required to provide emergency medical
2-32 information.
2-33 Sec. 778.008. IMMUNITY FROM LIABILITY. (a) Notwithstanding
2-34 Chapter 101, Civil Practice and Remedies Code, or any other law, an
2-35 emergency communication center that is a governmental unit is not
2-36 liable for property damage, personal injury, or death arising in
2-37 connection with the provision of or failure to provide emergency
2-38 medical information under this chapter.
2-39 (b) An emergency communication center that is not a
2-40 governmental unit but that provides emergency medical information
2-41 under contract to a governmental unit is not liable for property
2-42 damage, personal injury, or death arising in connection with the
2-43 provision of or failure to provide emergency medical information
2-44 under this chapter if:
2-45 (1) each employee or volunteer of the emergency
2-46 communication center who is authorized to provide emergency medical
2-47 information has completed the training required by this chapter;
2-48 and
2-49 (2) the emergency communication center adopts a policy
2-50 requiring each employee or volunteer who is authorized to provide
2-51 emergency medical information to comply with the protocol approved
2-52 by the department under this chapter.
2-53 (c) An employee or a volunteer of an emergency communication
2-54 center who is authorized to provide emergency medical information
2-55 is not liable for property damage, personal injury, or death
2-56 arising in connection with the provision of or the failure to
2-57 provide emergency medical information under this chapter if the
2-58 employee or volunteer:
2-59 (1) has completed the training required by this
2-60 chapter; and
2-61 (2) complies with a protocol approved by the
2-62 department under this chapter in connection with the emergency from
2-63 which the property damage, personal injury, or death arises.
2-64 SECTION 2. Section 84.007, Civil Practice and Remedies Code,
2-65 is amended by adding Subsection (h) to read as follows:
2-66 (h) This chapter does not apply to a claim against an
2-67 emergency communication center or an employee or a volunteer of an
2-68 emergency communication center that is governed by Section 778.008,
2-69 Health and Safety Code.
2-70 SECTION 3. Section 101.062, Civil Practice and Remedies
3-1 Code, is amended by amending Subsection (b) and adding Subsection
3-2 (c) to read as follows:
3-3 (b) Except as provided by Subsection (c), this <This>
3-4 chapter applies to a claim against a public agency that arises from
3-5 an action of an employee of the public agency or a volunteer under
3-6 direction of the public agency and that involves providing 9-1-1
3-7 service or responding to a 9-1-1 emergency call only if the action
3-8 violates a statute or ordinance applicable to the action.
3-9 (c) This chapter does not apply to a claim against an
3-10 emergency communication center that is governed by Section 778.008,
3-11 Health and Safety Code.
3-12 SECTION 4. (a) This Act takes effect September 1, 1995.
3-13 (b) On or after the effective date of this Act, a local
3-14 governmental unit or other entity may:
3-15 (1) submit to the Texas Department of Health a
3-16 training program and protocol for the delivery of emergency medical
3-17 information; and
3-18 (2) identify one or more emergency communication
3-19 centers for the provision of emergency medical information under
3-20 Chapter 778, Health and Safety Code, as added by this Act.
3-21 (c) A training program or protocol submitted on or after
3-22 September 1, 1995, but before January 1, 1996, is approved on the
3-23 date it is submitted to the department. Approval under this
3-24 subsection continues until withdrawn by the department.
3-25 (d) An emergency communication center identified for the
3-26 provision of emergency medical information on or after September 1,
3-27 1995, but before January 1, 1996, is considered to be of a type
3-28 designated by Texas Board of Health rule to provide emergency
3-29 medical information under this chapter on the date the center is
3-30 identified to the department and shall continue to be considered of
3-31 a type designated by board rule to provide emergency medical
3-32 information under this chapter until that designation is withdrawn
3-33 by the department.
3-34 (e) Not later than January 1, 1996, the Texas Board of
3-35 Health shall:
3-36 (1) adopt minimum standards as required by Section
3-37 778.003, Health and Safety Code, as added by this Act; and
3-38 (2) adopt rules designating the types of emergency
3-39 communication centers that may provide emergency medical
3-40 information under Chapter 778, Health and Safety Code, as added by
3-41 this Act.
3-42 SECTION 5. The importance of this legislation and the
3-43 crowded condition of the calendars in both houses create an
3-44 emergency and an imperative public necessity that the
3-45 constitutional rule requiring bills to be read on three several
3-46 days in each house be suspended, and this rule is hereby suspended.
3-47 * * * * *