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.