HBA-DMD H.B. 629 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 629
By: Gallego
Public Health
2/11/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, 9-1-1 emergency medical services operators (operators) relay
emergency service information from a caller to the proper authorities.
However, in some instances callers may need additional information to help
to immediately stabilize themselves or others.  H.B. 629 authorizes the
Texas Department of Health to provide training programs and a flash-card
system to operators so that they may provide callers with useful medical
information.  The bill also limits liability for an operator who in good
faith provides medical information. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Board of Health in SECTION 1
(Sections 773.144, 773.145, and 773.147, Health and Safety Code) and in
SECTION 2 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 773, Health and Safety Code, by adding
Subchapter F, as follows: 

SUBCHAPTER F.  MEDICAL INFORMATION PROVIDED BY 
EMERGENCY MEDICAL SERVICES OPERATORS

Sec. 773.141.  DEFINITIONS.  Defines "emergency call" and "emergency
medical services operator." 

Sec. 773.142.  APPLICATION OF CHAPTER.  Sets forth that this chapter does
not apply to a physician or other licensed person who provides medical
information under law. 

Sec. 773.143.  PROVISION OF MEDICAL INFORMATION.  Authorizes an emergency
medical services operator (operator) to provide medical information to a
member of the public during an emergency call provided that the operator
has successfully completed an operator training program and received a
certificate issued under Section 773.144, and the information provided
substantially conforms to the protocol for delivery of the information
adopted by the Texas Board of Health (board) under Section 773.145. 

Sec. 773.144.  TRAINING PROGRAMS.  (a)  Authorizes the Texas Department of
Health (department) to offer operator training programs and approve
training programs offered by other persons.  Requires the board, by rule,
to establish minimum standards for approval of training programs and
certification and decertification of program instructors. 

(b)  Requires the provider of an operator training program to issue an
operator a certificate showing completion of the training program.
Authorizes the board, by rule, to require that the operator successfully
complete an examination administered by the board, the provider of the
training program, or by another person, before receiving the certificate. 

(c)  Authorizes the board, by rule, to specify that the certificate issued
under Subsection (b) expire at the end of a specified period that is not
less than one year from the date the certificate was issued.  Authorizes
the board to adopt requirements, including additional  training or
examination, for renewal of the certificate. 

(d)  Authorizes the board, by rule, to adopt other requirements that relate
to operator training programs. 

Sec. 773.145.  MEDICAL INFORMATION.  Requires the board, by rule, to adopt
a protocol that must be used to provide medical information under Section
773.143.  The protocol is authorized to include the use of a flash-card
system or other similar system designed to make the information readily
accessible to the operator in an understandable form. 

Sec. 773.146.  LIMITATION ON CIVIL LIABILITY.  (a)  Provides that an
operator who holds a certificate under Section 173.144 is not liable for
damages that arise from the provision of medical information under this
subchapter if the information is provided in good faith, unless an act or
omission of the operator is intentional or wilfully or wantonly negligent. 

(b)  Provides that a person who authorizes, sponsors, supports, finances,
or supervises the functions of an operator who holds a certificate under
Section 173.144 is not liable for damages that arise from the provision of
medical information under this subchapter if that person acts in good
faith, unless an act or omission of the person is intentional or wilfully
or wantonly negligent.   

(c)  Sets forth that the immunity granted by this section is in addition to
any other immunity granted by law. 

Sec. 773.147.  Authorizes the board, by rule, to adopt fees for training
programs provided by the board under Section 773.144 and for the approval
of program instructors and of training programs offered by other persons.
Prohibits the fees adopted under this section from exceeding the amount
necessary for the department to recover the cost of administering this
subchapter. 

SECTION 2. Effective date: September 1, 1999.
Makes application of this Act prospective, beginning January 1, 2000.
Requires the board to adopt rules necessary for the implementation of
Subchapter F, Chapter 773, Health and Safety Code, as added by this Act,
not later than December 1, 1999. 

SECTION 3.Emergency clause.