By Gallego H.B. No. 629 76R1631 DLF-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to medical information provided by emergency medical 1-3 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 EMERGENCY MEDICAL 1-8 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, receives emergency calls. 1-16 Sec. 773.142. APPLICATION OF CHAPTER. This chapter does not 1-17 apply to a physician or other licensed person who may provide 1-18 medical information under law. 1-19 Sec. 773.143. PROVISION OF MEDICAL INFORMATION. An 1-20 emergency medical services operator may provide medical information 1-21 to a member of the public during an emergency call if: 1-22 (1) the operator has successfully completed an 1-23 emergency medical services operator training program and holds a 1-24 certificate issued under Section 773.144; and 2-1 (2) the information provided substantially conforms to 2-2 the protocol for delivery of the information adopted by the board 2-3 under Section 773.145. 2-4 Sec. 773.144. TRAINING PROGRAMS. (a) The department may 2-5 offer emergency medical services operator training programs and may 2-6 approve training programs offered by other persons. The board by 2-7 rule shall establish minimum standards for approval of training 2-8 programs and certification and decertification of program 2-9 instructors. 2-10 (b) The provider of an emergency medical services operator 2-11 training program shall issue an emergency medical services operator 2-12 a certificate evidencing completion of the training program. The 2-13 board by rule may require that, before issuance of the certificate, 2-14 the operator successfully complete an examination administered by 2-15 the board, by the provider of the training program, or by another 2-16 person. 2-17 (c) The board by rule may provide that a certificate issued 2-18 under Subsection (b) expires at the end of a specified period not 2-19 less than one year after the date on which the certificate is 2-20 issued and may adopt requirements, including additional training or 2-21 examination, for renewal of the certificate. 2-22 (d) The board by rule may adopt other requirements relating 2-23 to emergency medical services operator training programs. 2-24 Sec. 773.145. MEDICAL INFORMATION. The board by rule shall 2-25 adopt a protocol that must be used to provide medical information 2-26 under Section 773.143. The protocol may include the use of a 2-27 flash-card system or other similar system designed to make the 3-1 information readily accessible to the emergency medical services 3-2 operator in an understandable form. 3-3 Sec. 773.146. LIMITATION ON CIVIL LIABILITY. (a) An 3-4 emergency medical services operator who holds a certificate under 3-5 Section 773.144 is not liable for damages that arise from the 3-6 provision of medical information under this subchapter if the 3-7 information is provided in good faith. This subsection does not 3-8 apply to an act or omission of the operator that is intentional or 3-9 wilfully or wantonly negligent. 3-10 (b) A person who authorizes, sponsors, supports, finances, 3-11 or supervises the functions of an emergency medical services 3-12 operator who holds a certificate under Section 773.144 is not 3-13 liable for damages that arise from the provision of medical 3-14 information under this subchapter if that person acts in good 3-15 faith. This subsection does not apply to an act or omission of the 3-16 person that is intentional or wilfully or wantonly negligent. 3-17 (c) The immunity granted by this section is in addition to 3-18 any other immunity granted by law. 3-19 Sec. 773.147. FEES. (a) The board by rule may adopt fees 3-20 for: 3-21 (1) training programs provided by the board under 3-22 Section 773.144; and 3-23 (2) the approval of program instructors and of 3-24 training programs offered by other persons. 3-25 (b) The fees adopted under this section may not exceed the 3-26 amount necessary for the department to recover the cost of 3-27 administering this subchapter. 4-1 SECTION 2. (a) This Act takes effect September 1, 1999. 4-2 (b) This Act applies only to the provision of medical 4-3 information by an emergency medical services operator, as that term 4-4 is defined by Section 773.141, Health and Safety Code, as added by 4-5 this Act, on or after January 1, 2000. The provision of medical 4-6 information before January 1, 2000, is governed by the law as it 4-7 existed immediately before the effective date of this Act, and that 4-8 law is continued in effect for this purpose. 4-9 (c) The Texas Board of Health shall adopt rules necessary 4-10 for the implementation of Subchapter F, Chapter 773, Health and 4-11 Safety Code, as added by this Act, not later than December 1, 1999. 4-12 SECTION 3. The importance of this legislation and the 4-13 crowded condition of the calendars in both houses create an 4-14 emergency and an imperative public necessity that the 4-15 constitutional rule requiring bills to be read on three several 4-16 days in each house be suspended, and this rule is hereby suspended.