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.