By Gallego, Walker H.B. No. 629 76R10284 DLF-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to medical information provided by certain emergency 1-3 medical services operators. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 773, Health and Safety Code, is amended 1-6 by adding Subchapter F to read as follows: 1-7 SUBCHAPTER F. MEDICAL INFORMATION PROVIDED BY CERTAIN 1-8 EMERGENCY MEDICAL SERVICES OPERATORS 1-9 Sec. 773.141. DEFINITIONS. In this subchapter: 1-10 (1) "Emergency call" means a telephone call or other 1-11 similar communication from a member of the public, as part of a 1-12 9-1-1 system or otherwise, made to obtain emergency medical 1-13 services. 1-14 (2) "Emergency medical services operator" means a 1-15 person who, as a volunteer or employee of a public agency, as that 1-16 term is defined by Section 771.001, receives emergency calls. 1-17 Sec. 773.142. APPLICATION OF SUBCHAPTER. This subchapter 1-18 does not apply to a physician or other licensed person who may 1-19 provide medical information under law. 1-20 Sec. 773.143. PROVISION OF MEDICAL INFORMATION. An 1-21 emergency medical services operator may provide medical information 1-22 to a member of the public during an emergency call if: 1-23 (1) the operator has successfully completed an 1-24 emergency medical services operator training program and holds a 2-1 certificate issued under Section 773.144; and 2-2 (2) the information provided substantially conforms to 2-3 the protocol for delivery of the information adopted by the board 2-4 under Section 773.145. 2-5 Sec. 773.144. TRAINING PROGRAMS. (a) The department may 2-6 offer emergency medical services operator training programs and may 2-7 approve training programs offered by other persons. The board by 2-8 rule shall establish minimum standards for approval of training 2-9 programs and certification and decertification of program 2-10 instructors. 2-11 (b) The provider of an emergency medical services operator 2-12 training program shall issue an emergency medical services operator 2-13 a certificate evidencing completion of the training program. The 2-14 board by rule may require that, before issuance of the certificate, 2-15 the operator successfully complete an examination administered by 2-16 the board, by the provider of the training program, or by another 2-17 person. 2-18 (c) The board by rule may provide that a certificate issued 2-19 under Subsection (b) expires at the end of a specified period not 2-20 less than one year after the date on which the certificate is 2-21 issued and may adopt requirements, including additional training or 2-22 examination, for renewal of the certificate. 2-23 (d) The board by rule may adopt other requirements relating 2-24 to emergency medical services operator training programs. The 2-25 establishment of minimum standards under this section does not 2-26 prohibit the entity that is employing or accepting the volunteer 2-27 services of the emergency medical services operator from imposing 3-1 additional training standards or procedures. 3-2 Sec. 773.145. MEDICAL INFORMATION. The board by rule shall 3-3 adopt a protocol that must be used to provide medical information 3-4 under Section 773.143. The protocol may include the use of a 3-5 flash-card system or other similar system designed to make the 3-6 information readily accessible to the emergency medical services 3-7 operator in an understandable form. 3-8 Sec. 773.146. LIMITATION ON CIVIL LIABILITY. (a) An 3-9 emergency medical services operator who holds a certificate under 3-10 Section 773.144 is not liable for damages that arise from the 3-11 provision of medical information according to the protocol adopted 3-12 under Section 773.145 if the information is provided in good faith. 3-13 This subsection does not apply to an act or omission of the 3-14 operator that constitutes gross negligence, recklessness, or 3-15 intentional misconduct. This subsection does not affect any 3-16 liability imposed on a public agency for the conduct of the 3-17 emergency medical services operator under Section 101.062, Civil 3-18 Practice and Remedies Code. 3-19 (b) Section 101.062, Civil Practice and Remedies Code, 3-20 governs the liability of a public agency the employees or 3-21 volunteers of which provide medical information under this 3-22 subchapter. 3-23 Sec. 773.147. FEES. (a) The board by rule may adopt fees 3-24 for: 3-25 (1) training programs provided by the board under 3-26 Section 773.144; and 3-27 (2) the approval of program instructors and of 4-1 training programs offered by other persons. 4-2 (b) The fees adopted under this section may not exceed the 4-3 amount necessary for the department to recover the cost of 4-4 administering this subchapter. 4-5 SECTION 2. (a) This Act takes effect September 1, 1999. 4-6 (b) This Act applies only to the provision of medical 4-7 information by an emergency medical services operator, as that term 4-8 is defined by Section 773.141, Health and Safety Code, as added by 4-9 this Act, on or after January 1, 2000. The provision of medical 4-10 information before January 1, 2000, is governed by the law as it 4-11 existed immediately before the effective date of this Act, and that 4-12 law is continued in effect for this purpose. 4-13 (c) The Texas Board of Health shall adopt rules necessary 4-14 for the implementation of Subchapter F, Chapter 773, Health and 4-15 Safety Code, as added by this Act, not later than December 1, 1999. 4-16 SECTION 3. The importance of this legislation and the 4-17 crowded condition of the calendars in both houses create an 4-18 emergency and an imperative public necessity that the 4-19 constitutional rule requiring bills to be read on three several 4-20 days in each house be suspended, and this rule is hereby suspended.