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.