BG H.B. 2344 75(R)BILL ANALYSIS PUBLIC HEALTH H.B. 2344 By: Berlanga 3-19-97 Committee Report (Amended) BACKGROUND Historically, air ambulance providers based outside of Texas have not had to comply with the same standards as Texas-based air ambulance providers. Since these out of state air ambulance providers were outside the regulation of the Texas EMS Act, no action could be taken by the state regardless of the quality of equipment and care being provided. Under current law, an emergency medical services (EMS) provider using a fixed-wing aircraft and EMS staff must be licensed by the Texas Department of Health (TDH), if that company advertises as an air ambulance service. If, however, an out-of-state based EMS provider does not advertise as an air ambulance service, they have been able to operate, transport patients, and provide emergency medical treatment in Texas without any licensure requirements. PURPOSE HB 2344 will require that any rotor or fixed wing aircraft used to transport a patient by stretcher within the state of Texas be licensed and in compliance with the same standards as Texas-based air ambulance providers. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 773.045, Health and Safety Code, as follows: Subsection (b) is amended to provide that a rotor aircraft or a fixed wing aircraft, and staff based in this state and used to transport a patient by stretcher is required to be licensed by the Texas Department of Health (TDH). Removes language regarding advertising as an air ambulance service as a licensure requirement. Subsection (c) is added to require that an air ambulance company based in another state that transports patients on a flight originating in Texas be licensed by TDH as an EMS provider. Requires TDH to issue a license to an air ambulance company under this subsection, if the company applies as required by this chapter and has met the TDH qualifications for safely transporting patients. Provides that an air ambulance company accredited by the Air Ambulance Medical Services is rebuttably presumed to have met TDH's qualifications. Subsection (d) is added to require the an air ambulance company licensed under Subsection (c) include information regarding the physical location of the company's base operations in any advertising by the company in this state. SECTION 2. Effective date of Act is September 1, 1997. SECTION 3. Emergency Clause. EXPLANATION OF AMENDMENTS The amendment to H.B. 2344 adds a sentence to Section 773.045(d), Health and Safety Code, which clarifies that an air ambulance company with multiple locations is not prohibited from listing those locations in advertising, provided that all provisions of this Act are met by the air ambulance company.