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.