By Glaze, et al. H.B. No. 2446
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to emergency medical services.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 771, Health and Safety Code, is amended
1-5 by adding Subchapter E to read as follows:
1-6 SUBCHAPTER E. STATE EMERGENCY MEDICAL DISPATCH RESOURCE CENTER
1-7 Sec. 771.101. ESTABLISHMENT OF PILOT PROGRAM. (a) The Texas
1-8 Department of Health, with the assistance of the advisory council
1-9 appointed under Section 773.012, shall establish a pilot program to
1-10 test the efficacy of using emergency medical dispatchers located in
1-11 a regional emergency medical dispatch resource center to provide
1-12 lifesaving and other emergency medical instructions to persons who
1-13 need guidance while awaiting the arrival of emergency medical
1-14 personnel. The purpose of a regional emergency medical dispatch
1-15 resource center is not to dispatch personnel or equipment resources
1-16 but to serve as a resource to provide pre-arrival instructions that
1-17 may be accessed by selected public safety answering points that are
1-18 not adequately staffed or funded to provide those services.
1-19 (b) The commission shall provide technical assistance to the
1-20 department to facilitate the implementation of the pilot program.
1-21 (c) The department, with the cooperation of the advisory
1-22 council, shall:
1-23 (1) design criteria and protocols and provide
1-24 oversight as needed to conduct the pilot program;
2-1 (2) collect the necessary data to evaluate the outcome
2-2 of the pilot program; and
2-3 (3) report its findings to the legislature.
2-4 Sec. 771.102. PARTICIPATION IN PILOT PROGRAM. (a) The Texas
2-5 Department of Health shall determine which public safety answering
2-6 points are interested in participating in the pilot program.
2-7 (b) The department shall establish criteria for selecting
2-8 qualified public safety answering points to participate in the
2-9 pilot program.
2-10 (c) Participating public safety answering points must agree
2-11 to participate in any required training and to provide regular
2-12 reports required by the department for the pilot program.
2-13 Sec. 771.103. SELECTION OF REGIONAL EMERGENCY MEDICAL
2-14 DISPATCH RESOURCE CENTER. (a) The Texas Department of Health, with
2-15 the assistance of the advisory council, shall select one public
2-16 safety answering point to serve as the regional emergency medical
2-17 dispatch resource center. The public safety answering point
2-18 selected as the resource center for the pilot program must:
2-19 (1) have a fully functional quality assurance program
2-20 that measures each emergency medical dispatcher's compliance with
2-21 the medical protocol;
2-22 (2) have dispatch personnel who meet the requirements
2-23 for emergency medical dispatcher certification or the equivalent as
2-24 determined by the Texas Department of Health;
2-25 (3) use emergency medical dispatch protocols approved
2-26 by a physician medical director knowledgeable in emergency medical
2-27 dispatch;
3-1 (4) have sufficient experience in providing
3-2 pre-arrival instructions; and
3-3 (5) have sufficient resources to handle the additional
3-4 workload and responsibilities of the pilot program.
3-5 (b) In selecting an existing public safety answering point
3-6 to act as the resource center, the department and the advisory
3-7 council shall consider a public safety answering point's ability to
3-8 keep records and produce reports to measure the effectiveness of
3-9 the pilot program.
3-10 Sec. 771.104. CRITERIA FOR EMERGENCY MEDICAL DISPATCH
3-11 INTERVENTION. The department and the advisory council shall define
3-12 criteria that establish the need for emergency medical dispatch
3-13 intervention to be used by participating public safety answering
3-14 points to determine which calls are to be transferred to the
3-15 regional emergency medical dispatch resource center for emergency
3-16 medical dispatch intervention.
3-17 Sec. 771.105. FUNDING OF PILOT PROGRAM. Money in the 9-1-1
3-18 services fee fund may be appropriated to the Texas Department of
3-19 Health to fund the pilot program. The department is also
3-20 authorized to seek grant funding for the pilot program. The
3-21 provisions in this subchapter that require the department to
3-22 establish, conduct, and evaluate the pilot program are contingent
3-23 on the department receiving funding in accordance with this
3-24 section.
3-25 Sec. 771.106. REPORT TO LEGISLATURE. The department shall
3-26 report its findings to the presiding officer of each house of the
3-27 legislature no later than December 1, 2002.
4-1 Sec. 771.107. LIABILITY. The operations of the regional
4-2 emergency medical dispatch resource center are considered to be the
4-3 provision of 9-1-1 services for purposes of Section 771.053.
4-4 Employees of and volunteers at the center have the same protection
4-5 from liability as a member of the governing body of a public agency
4-6 under Section 771.053.
4-7 Sec. 771.108. EXPIRATION. This subchapter expires September
4-8 1, 2003.
4-9 SECTION 2. Section 773.012, Health and Safety Code, is
4-10 amended by amending Subsection (a) and adding Subsections (k) and
4-11 (l) to read as follows:
4-12 (a) The governor shall appoint an advisory council to advise
4-13 the board regarding matters related to the responsibilities of the
4-14 board, commissioner, and department under this chapter. In making
4-15 appointments to the advisory council, the governor shall ensure
4-16 that approximately one-half of the members of the advisory council
4-17 are residents of rural areas of the state.
4-18 (k) The advisory council shall assess the need for emergency
4-19 medical services in the rural areas of the state.
4-20 (l) The advisory council shall develop a strategic plan for:
4-21 (1) refining the educational requirements for
4-22 certification and maintaining certification as emergency medical
4-23 services personnel; and
4-24 (2) developing emergency medical services and trauma
4-25 care systems.
4-26 SECTION 3. Subchapter A, Chapter 773, Health and Safety Code,
4-27 is amended by adding Section 773.013 to read as follows:
5-1 Sec. 773.013. PEER ASSISTANCE PROGRAM. The department may
5-2 establish, approve, and fund a peer assistance program in
5-3 accordance with Section 467.003 and board rules.
5-4 SECTION 4. Section 773.025, Health and Safety Code, is
5-5 amended by adding Subsections (d) and (e) to read as follows:
5-6 (d) A governmental entity or nongovernmental organization
5-7 that sponsors or wishes to sponsor an emergency medical services
5-8 provider or first responder organization in a rural or underserved
5-9 area may request the bureau to provide or facilitate the provision
5-10 of initial training for emergency care attendants, if the training
5-11 is not available locally. The bureau shall ensure that the
5-12 training is provided. The bureau shall provide the training without
5-13 charge, or contract with qualified instructors to provide the
5-14 training without charge, to students who agree to perform emergency
5-15 care attendant services for at least one year with the local
5-16 emergency medical services provider or first responder
5-17 organization. The training must be provided at times and places
5-18 that are convenient to the students. The bureau shall require that
5-19 at least three students are scheduled to take any class offered
5-20 under this subsection.
5-21 (e) To facilitate all levels of emergency medical services
5-22 training, the bureau shall consult with and solicit comment from
5-23 emergency medical services providers, first responder
5-24 organizations, persons who provide emergency medical services
5-25 training, and other entities interested in emergency medical
5-26 services training programs.
5-27 SECTION 5. Section 773.095(a), Health and Safety Code, is
6-1 amended to read as follows:
6-2 (a) The proceedings and records of organized committees of
6-3 hospitals, medical societies, emergency medical services providers,
6-4 emergency medical services and trauma care systems, or first
6-5 responder organizations relating to the review, evaluation, or
6-6 improvement of an emergency medical services provider, a first
6-7 responder organization, an emergency medical services and trauma
6-8 care system, or emergency medical services personnel are
6-9 confidential and not subject to disclosure by court subpoena or
6-10 otherwise.
6-11 SECTION 6. Section 773.115(a), Health and Safety Code, is
6-12 amended to read as follows:
6-13 (a) The bureau may designate trauma facilities that are a
6-14 part of an emergency medical services and trauma care system. A
6-15 trauma facility shall be designated by the level of trauma care and
6-16 services provided in accordance with the American College of
6-17 Surgeons guidelines for level I and [,] II[, and III] trauma
6-18 facilities [centers] and rules adopted by the board for level III
6-19 and IV [and V] trauma facilities [centers]. In adopting rules
6-20 under this section, the board may consider trauma caseloads,
6-21 geographic boundaries, or minimum population requirements, but the
6-22 bureau may not deny designation solely on these criteria. The
6-23 board may not set an arbitrary limit on the number of facilities
6-24 designated as trauma facilities.
6-25 SECTION 7. Section 615.003, Government Code, is amended to
6-26 read as follows:
6-27 Sec. 615.003. APPLICABILITY. This chapter applies only to
7-1 eligible survivors of the following individuals:
7-2 (1) an individual elected, appointed, or employed as a
7-3 peace officer by the state or a political subdivision of the state
7-4 under Article 2.12, Code of Criminal Procedure, or other law;
7-5 (2) a paid probation officer appointed by the director
7-6 of a community supervision and corrections department who has the
7-7 duties set out in Section 76.002 and the qualifications set out in
7-8 Section 76.005, or who was appointed in accordance with prior law;
7-9 (3) a parole officer employed by the pardons and
7-10 paroles division of the Texas Department of Criminal Justice who
7-11 has the duties set out in Section 508.001 and the qualifications
7-12 set out in Section 508.113 or in prior law;
7-13 (4) a paid jailer;
7-14 (5) a member of an organized police reserve or
7-15 auxiliary unit who regularly assists peace officers in enforcing
7-16 criminal laws;
7-17 (6) a member of the class of employees of the
7-18 institutional division or the state jail division of the Texas
7-19 Department of Criminal Justice formally designated as custodial
7-20 personnel under Section 615.006 by the Texas Board of Criminal
7-21 Justice or its predecessor in function;
7-22 (7) a jailer or guard of a county jail who is
7-23 appointed by the sheriff and who:
7-24 (A) performs a security, custodial, or
7-25 supervisory function over the admittance, confinement, or discharge
7-26 of prisoners; and
7-27 (B) is certified by the [Texas] Commission on
8-1 Law Enforcement Officer Standards and Education;
8-2 (8) a juvenile correctional employee of the Texas
8-3 Youth Commission;
8-4 (9) an employee of the Texas Department of Mental
8-5 Health and Mental Retardation who:
8-6 (A) works at the department's maximum security
8-7 unit; or
8-8 (B) performs on-site services for the Texas
8-9 Department of Criminal Justice;
8-10 (10) an individual who is employed by the state or a
8-11 political or legal subdivision and is subject to certification by
8-12 the Texas Commission on Fire Protection;
8-13 (11) an individual employed by the state or a
8-14 political or legal subdivision whose principal duties are aircraft
8-15 crash and rescue fire fighting;
8-16 (12) a member of an organized volunteer fire-fighting
8-17 unit that:
8-18 (A) renders fire-fighting services without
8-19 remuneration;
8-20 (B) consists of not fewer than 20 active
8-21 members, a majority of whom are present at each meeting; and
8-22 (C) conducts a minimum of two drills each month,
8-23 each two hours long; or
8-24 (13) an individual who:
8-25 (A) performs emergency medical services or
8-26 operates an ambulance;
8-27 (B) is employed by a political subdivision of
9-1 the state or is an emergency medical services volunteer as defined
9-2 by Section 773.003, Health and Safety Code; and
9-3 (C) is qualified as an emergency care attendant
9-4 [medical technician] or at a higher level of training under Section
9-5 773.046, 773.047, 773.048, [or] 773.049, or 773.0495, Health and
9-6 Safety Code.
9-7 SECTION 8. Section 61.0285(a), Health and Safety Code, is
9-8 amended to read as follows:
9-9 (a) In addition to basic health care services provided under
9-10 Section 61.028, a county may, in accordance with department rules
9-11 adopted under Section 61.006, provide other medically necessary
9-12 services or supplies that the county determines to be
9-13 cost-effective, including:
9-14 (1) ambulatory surgical center services;
9-15 (2) diabetic and colostomy medical supplies and
9-16 equipment;
9-17 (3) durable medical equipment;
9-18 (4) home and community health care services;
9-19 (5) services provided by licensed master medical
9-20 social workers--advanced clinical practitioners;
9-21 (6) psychological counseling services;
9-22 (7) services provided by physician assistants, nurse
9-23 practitioners, certified nurse midwives, clinical nurse
9-24 specialists, and certified registered nurse anesthetists;
9-25 (8) dental care;
9-26 (9) vision care, including eyeglasses;
9-27 (10) services provided by federally qualified health
10-1 centers, as defined by 42 U.S.C. Section 1396d(l)(2)(B); [and]
10-2 (11) emergency medical services; and
10-3 (12) any other appropriate health care service
10-4 identified by board rule that may be determined to be
10-5 cost-effective.
10-6 SECTION 9. Section 106.043(b), Health and Safety Code, is
10-7 amended to read as follows:
10-8 (b) The advisory committee is composed of 13 [12] members
10-9 appointed by the executive committee and must include:
10-10 (1) a rural practicing family practice physician;
10-11 (2) a rural hospital administrator;
10-12 (3) a rural practicing registered professional nurse;
10-13 (4) a rural practicing allied health professional;
10-14 (5) a dean of a medical school;
10-15 (6) a dean of a nursing school;
10-16 (7) a dean of a school of allied health science;
10-17 (8) a head of a vocational/technical institution;
10-18 (9) a community college administrator;
10-19 (10) an individual knowledgeable in student financial
10-20 assistance programs;
10-21 (11) a rural public school superintendent; [and]
10-22 (12) a rural resident; and
10-23 (13) an individual who provides emergency medical
10-24 services in a rural area and who is certified or licensed as an
10-25 emergency care attendant or at a higher level of training under
10-26 Section 773.046, 773.047, 773.048, 773.049, or 773.0495.
10-27 SECTION 10. This Act takes effect September 1, 2001.