SRC-SEW H.B. 2446 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2446
By: Glaze (Madla)
Health & Human Services
5/1/2001
Engrossed


DIGEST AND PURPOSE 

In its interim report to the 77th Texas Legislature, the House Committee on
Public Health (committee) examined the requirements imposed on emergency
medical service (EMS) providers in rural areas to determine whether
individual requirements encourage or hinder the provision of services. The
committee outlined several policy options including allowing an advisory
council to advise the Texas Board of Health (board) on emergency medical
services, allowing counties to reimburse EMS providers under the Indigent
Health Care and Treatment Act at Medicaid rates, and considering the
standardization and simplification of EMS terminology and classification of
providers. The committee also met with the Texas Department of Health
(TDH), which recommended establishing a peer assistance program and
providing confidentiality for the regional advisory council's quality
improvement and data process. H.B. 2446 addresses the recommendations
outlined in the interim report along with recommendations by TDH.  

RULEMAKING AUTHORITY

Rulemaking authority previously granted to the Texas Board of Health is
modified in SECTION 6 (Section 773.115(a), Health and Safety Code). 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 771, Health and Safety Code, by adding
Subchapter E, as follows: 

SUBCHAPTER E.  STATE EMERGENCY MEDICAL DISPATCH RESOURCE CENTER
 
Sec. 771.101.  ESTABLISHMENT OF PILOT PROGRAM. (a) Requires the Texas
Department of Health (department), with the assistance of the advisory
council appointed under Section 773.012, to establish a pilot program to
test the efficacy of using emergency medical dispatchers located in a
regional emergency medical dispatch resource center to provide lifesaving
and other emergency medical instructions to persons who need guidance while
awaiting the arrival of emergency medical personnel.  Provides that the
purpose of a regional emergency medical dispatch resource center is not to
dispatch personnel or equipment resources but to serve as a resource to
provide pre-arrival instructions that may be accessed by selected public
safety answering points that are not adequately staffed or funded to
provide those services. 

(b)  Requires the Commission on State Emergency Communications (commission)
to provide technical assistance to the department to facilitate the
implementation of the pilot program. 
 
(c)  Requires the department, with the cooperation of the advisory council,
to perform certain functions.   

Sec. 771.102.  PARTICIPATION IN PILOT PROGRAM.  Requires the Texas
Department of Health (department) to determine which public safety
answering points are interested in  participating in the pilot program.
Requires the department to establish criteria for selecting qualified
public safety answering points to participate in the pilot program.
Requires participating public safety answering points to agree to
participate in any required training and to provide regular reports
required by the department for the pilot program. 

Sec. 771.103.  SELECTION OF REGIONAL EMERGENCY MEDICAL DISPATCH RESOURCE
CENTER. Requires the Texas Department of Health (department), with the
assistance of the advisory council, to select one public safety answering
point to serve as the regional emergency medical dispatch resource center.
Sets forth requirements for the public safety answering point selected as
the resource center for the pilot program.  Requires the department and the
advisory council, in selecting an existing public safety answering point to
act as the resource center, to consider a public safety answering point's
ability to keep records and produce reports to measure the effectiveness of
the pilot program. 

Sec. 771.104.  CRITERIA FOR EMERGENCY MEDICAL DISPATCH INTERVENTION.
Requires the department and the advisory council to define criteria that
establish the need for emergency medical dispatch intervention to be used
by participating public safety answering points to determine which calls
are to be transferred to the regional emergency medical dispatch resource
center for emergency medical dispatch intervention. 
 
Sec. 771.105.  FUNDING OF PILOT PROGRAM.  Authorizes money in the 9-1-1
services fee fund to be appropriated to the Texas Department of Health to
fund the pilot program. Provides that the department is also authorized to
seek grant funding for the pilot program. Provides that the provisions in
this subchapter that require the department to establish, conduct, and
evaluate the pilot program are contingent on the department receiving
funding in accordance with this section. 

Sec. 771.106.  REPORT TO LEGISLATURE.  Requires the department to report
its findings to the presiding officer of each house of the legislature no
later than December 1, 2002. 
 
Sec. 771.107.  LIABILITY.  Provides that the operations of the regional
emergency medical dispatch resource center are considered to be the
provision of 9-1-1 services for purposes of Section 771.053.  Provides that
employees of and volunteers at the center have the same protection from
liability as a member of the governing body of a public agency under
Section 771.053. 
 
 Sec. 771.108.  EXPIRATION.  Provides that this subchapter expires
September 1, 2003. 

SECTION 2.  Amends Section 773.012, Health and Safety Code, by amending
Subsection (a) and adding Subsections (k) and (l), as follows: 
 
(a)  Requires the governor, in making appointments to the advisory council,
to ensure that approximately one-half of the members of the advisory
council are residents of rural areas of the state. 
 
(k)  Requires the advisory council to assess the need for emergency medical
services in the rural areas of the state. 
 
(l)  Requires the advisory council to develop a strategic plan for refining
the educational requirements for certification and maintaining
certification as emergency medical services personnel; and developing
emergency medical services and trauma care systems. 

SECTION 3.  Amends Chapter 773A, Health and Safety Code, by adding Section
773.013, as follows: 
 
Sec. 773.013.  PEER ASSISTANCE PROGRAM.  Authorizes the department to
establish, approve, and fund a peer assistance program in accordance with
Section 467.003 and board rules. 

SECTION 4.  Amends Section 773.025, Health and Safety Code, by adding
Subsections (d) and (e), as follows: 

(d)  Authorizes certain governmental entities or nongovernmental
organizations to request the department's bureau of emergency management
(bureau) to provide or facilitate the provision of initial training for
emergency care attendants, if the training is not available locally.
Requires the bureau to ensure that the training is provided. Requires the
bureau to provide the training without charge, or contract with qualified
instructors to provide the training without charge, to certain students.
Requires the training to be provided at times and places that are
convenient to the students. Requires the bureau to require that at least
three students are scheduled to take any class offered under this
subsection. 
 
(e) Requires the bureau, in order to facilitate all levels of emergency
medical services training, to consult with and solicit comment from certain
entities. 

SECTION 5.  Amends Section 773.095(a), Health and Safety Code, to provide
that the proceedings and records of trauma care systems, or first responder
organizations relating to the review, evaluation, or improvement of an
emergency medical services and trauma care system, are confidential and not
subject to disclosure by court subpoena or otherwise.  Makes a
nonsubstantive change. 
 
SECTION 6.  Amends Section 773.115(a), Health and Safety Code, to make
conforming changes. Requires a trauma facility to be designated by the
level of trauma care and services provided in accordance with the American
College of Surgeons guidelines for level I and II trauma facilities (rather
than centers) and rules adopted by the Texas Board of Health (board) for
level III and IV trauma facilities.  Makes nonsubstantive changes.  Deletes
text regarding guidelines for level III trauma centers and rules adopted by
the board for level V trauma centers.  

SECTION 7.  Amends Section 615.003, Government Code, to provide that this
chapter applies only to eligible survivors of certain individuals.  Makes a
nonsubstantive change.   

SECTION 8.  Amends Section 61.0285(a), Health and Safety Code, to authorize
a county, in addition to basic health care services provided under Section
61.028 and in accordance with department rules adopted under Section
61.006, to provide other medically necessary services or supplies that the
county determines to be cost-effective, including emergency medical
services.  Makes nonsubstantive changes.   

SECTION 9.  Amends Section 106.043(b), Health and Safety Code, to provide
that the advisory committee is composed of 13 (rather than 12) members
appointed by the executive committee and requires the advisory committee to
include an individual who provides emergency medical services in a rural
area and who is certified or licensed as an emergency care attendant or at
a higher level of training under Section 773.046, 773.047, 773.048,
773.049, or 773.0495.  Makes nonsubstantive changes.   

SECTION 10.  Effective date:  September 1, 2001.