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
 4-6     agency 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.  Subchapter A, Chapter 773, Health and Safety
 5-5     Code, is amended by adding Section 773.014 to read as follows:
 5-6           Sec. 773.014.  ADMINISTRATION OF EPINEPHRINE. (a)  An
 5-7     emergency medical services provider and a first responder
 5-8     organization may acquire and possess epinephrine auto-injector
 5-9     devices in accordance with this section.  Emergency medical
5-10     services personnel certified as emergency medical technicians or at
5-11     a higher level of training may carry and administer epinephrine
5-12     auto-injector devices in accordance with this section.
5-13           (b)  The department shall adopt rules designed to protect the
5-14     public health and safety to implement this section.  The rules must
5-15     provide that emergency medical services personnel certified as
5-16     emergency medical technicians or at a higher level of training may
5-17     administer an epinephrine auto-injector device to another only if
5-18     the person has successfully completed a training course, approved
5-19     by the department, in the use of the device that is consistent with
5-20     the national standard training curriculum for emergency medical
5-21     technicians.
5-22           (c)  An emergency medical services provider or first
5-23     responder organization may acquire, possess, maintain, and dispose
5-24     of epinephrine auto-injector devices, and emergency medical
5-25     services personnel certified as emergency medical technicians or at
5-26     a higher level of training may carry, maintain, administer, and
5-27     dispose of epinephrine auto-injector devices, only in accordance
 6-1     with:
 6-2                 (1)  rules adopted by the department under this
 6-3     section; and
 6-4                 (2)  a delegated practice agreement that provides for
 6-5     medical supervision by a licensed physician who either:
 6-6                       (A)  acts as a medical director for an emergency
 6-7     medical services system or a licensed hospital; or
 6-8                       (B)  has knowledge and experience in the delivery
 6-9     of emergency care.
6-10           (d)  Emergency medical services personnel who administer
6-11     epinephrine auto-injector devices to others shall immediately
6-12     report the use to the physician supervising the activities of the
6-13     emergency medical services personnel.
6-14           (e)  The administration of an epinephrine auto-injector
6-15     device to another under this section is considered to be the
6-16     administration of emergency care for the purposes of any statute
6-17     relating to liability for the provision of emergency care. The
6-18     administration of an epinephrine auto-injector device to another in
6-19     accordance with the requirements of this section does not
6-20     constitute the unlawful practice of any health care profession.
6-21           (f)  A person otherwise authorized to sell or provide an
6-22     epinephrine auto-injector device to another may sell or provide the
6-23     devices to an emergency medical services provider or a first
6-24     responder organization authorized to acquire and possess the
6-25     devices under this section.
6-26           (g)  This section does not prevent emergency medical services
6-27     personnel who are also licensed health care professionals under
 7-1     another health care licensing law and who are authorized to
 7-2     acquire, possess, and administer an epinephrine auto-injector
 7-3     device under the other health care licensing law from acting under
 7-4     the other law.
 7-5           (h)  This section does not impose a standard of care not
 7-6     otherwise required by law.
 7-7           SECTION 5. Section 773.025, Health and Safety Code, is
 7-8     amended by adding Subsections (d) and (e) to read as follows:
 7-9           (d)  A governmental entity or nongovernmental organization
7-10     that sponsors or wishes to sponsor an emergency medical services
7-11     provider or first responder organization in a rural or underserved
7-12     area may request the bureau to provide or facilitate the provision
7-13     of initial training for emergency care attendants, if the training
7-14     is not available locally.  The bureau shall ensure that the
7-15     training is provided. The bureau shall provide the training without
7-16     charge, or contract with qualified instructors to provide the
7-17     training without charge, to students who agree to perform emergency
7-18     care attendant services for at least one year with the local
7-19     emergency medical services provider or first responder
7-20     organization. The training must be provided at times and places
7-21     that are convenient to the students. The bureau shall require that
7-22     at least three students are scheduled to take any class offered
7-23     under this subsection.
7-24           (e)  To facilitate all levels of emergency medical services
7-25     training, the bureau shall consult with and solicit comment from
7-26     emergency medical services providers, first responder
7-27     organizations, persons who provide emergency medical services
 8-1     training, and other entities interested in emergency medical
 8-2     services training programs.
 8-3           SECTION 6. Section 773.095(a), Health and Safety Code, is
 8-4     amended to read as follows:
 8-5           (a)  The proceedings and records of organized committees of
 8-6     hospitals, medical societies, emergency medical services providers,
 8-7     emergency medical services and trauma care systems, or first
 8-8     responder organizations relating to the review, evaluation, or
 8-9     improvement of an emergency medical services provider, a first
8-10     responder organization, an emergency medical services and trauma
8-11     care system, or emergency medical services personnel are
8-12     confidential and not subject to disclosure by court subpoena or
8-13     otherwise.
8-14           SECTION 7. Section 773.115(a), Health and Safety Code, is
8-15     amended to read as follows:
8-16           (a)  The bureau may designate trauma facilities that are a
8-17     part of an emergency medical services and trauma care system.  A
8-18     trauma facility shall be designated by the level of trauma care and
8-19     services provided in accordance with the American College of
8-20     Surgeons guidelines for level I and [,] II[, and III] trauma
8-21     facilities [centers] and rules adopted by the board for level III
8-22     and IV [and V] trauma facilities [centers].  In adopting rules
8-23     under this section, the board may consider trauma caseloads,
8-24     geographic boundaries, or minimum population requirements, but the
8-25     bureau may not deny designation solely on these criteria.  The
8-26     board may not set an arbitrary limit on the number of facilities
8-27     designated as trauma facilities.
 9-1           SECTION 8. Section 615.003, Government Code, is amended to
 9-2     read as follows:
 9-3           Sec. 615.003.  APPLICABILITY. This chapter applies only to
 9-4     eligible survivors of the following individuals:
 9-5                 (1)  an individual elected, appointed, or employed as a
 9-6     peace officer by the state or a political subdivision of the state
 9-7     under  Article 2.12, Code of Criminal Procedure, or other law;
 9-8                 (2)  a paid probation officer appointed by the director
 9-9     of a community supervision and corrections department who has the
9-10     duties set out in Section 76.002 and the qualifications set out in
9-11     Section 76.005, or who was appointed in accordance with prior law;
9-12                 (3)  a parole officer employed by the pardons and
9-13     paroles division of the Texas Department of Criminal Justice who
9-14     has the duties set out in Section 508.001 and the qualifications
9-15     set out in Section 508.113 or in prior law;
9-16                 (4)  a paid jailer;
9-17                 (5)  a member of an organized police reserve or
9-18     auxiliary unit who regularly assists peace officers in enforcing
9-19     criminal laws;
9-20                 (6)  a member of the class of employees of the
9-21     institutional division or the state jail division of the Texas
9-22     Department of Criminal Justice formally designated as custodial
9-23     personnel under Section 615.006 by the Texas Board of Criminal
9-24     Justice or its predecessor in function;
9-25                 (7)  a jailer or guard of a county jail who is
9-26     appointed by the sheriff and who:
9-27                       (A)  performs a security, custodial, or
 10-1    supervisory function over the admittance, confinement, or discharge
 10-2    of prisoners; and
 10-3                      (B)  is certified by the [Texas] Commission on
 10-4    Law Enforcement Officer Standards and Education;
 10-5                (8)  a juvenile correctional employee of the Texas
 10-6    Youth Commission;
 10-7                (9)  an employee of the Texas Department of Mental
 10-8    Health and Mental Retardation who:
 10-9                      (A)  works at the department's maximum security
10-10    unit; or
10-11                      (B)  performs on-site services for the Texas
10-12    Department of Criminal Justice;
10-13                (10)  an individual who is employed by the state or a
10-14    political or legal subdivision and is subject to certification by
10-15    the Texas Commission on Fire Protection;
10-16                (11)  an individual employed by the state or a
10-17    political or legal subdivision whose principal duties are aircraft
10-18    crash and rescue fire fighting;
10-19                (12)  a member of an organized volunteer fire-fighting
10-20    unit that:
10-21                      (A)  renders fire-fighting services without
10-22    remuneration;
10-23                      (B)  consists of not fewer than 20 active
10-24    members, a majority of whom are present at each meeting; and
10-25                      (C)  conducts a minimum of two drills each month,
10-26    each two hours long; or
10-27                (13)  an individual who:
 11-1                      (A)  performs emergency medical services or
 11-2    operates an ambulance;
 11-3                      (B)  is employed by a political subdivision of
 11-4    the state or is an emergency medical services volunteer as defined
 11-5    by Section 773.003, Health and Safety Code; and
 11-6                      (C)  is qualified as an emergency care attendant
 11-7    [medical technician] or at a higher level of training under Section
 11-8    773.046, 773.047, 773.048, [or]  773.049, or 773.0495, Health and
 11-9    Safety Code.
11-10          SECTION 9. Section 61.0285(a), Health and Safety Code, is
11-11    amended to read as follows:
11-12          (a)  In addition to basic health care services provided under
11-13    Section 61.028, a county may, in accordance with department rules
11-14    adopted under Section 61.006, provide other medically necessary
11-15    services or supplies that the county determines to be
11-16    cost-effective, including:
11-17                (1)  ambulatory surgical center services;
11-18                (2)  diabetic and colostomy medical supplies and
11-19    equipment;
11-20                (3)  durable medical equipment;
11-21                (4)  home and community health care services;
11-22                (5)  services provided by licensed master medical
11-23    social workers--advanced clinical practitioners;
11-24                (6)  psychological counseling services;
11-25                (7)  services provided by physician assistants, nurse
11-26    practitioners, certified nurse midwives, clinical nurse
11-27    specialists, and certified registered nurse anesthetists;
 12-1                (8)  dental care;
 12-2                (9)  vision care, including eyeglasses;
 12-3                (10)  services provided by federally qualified health
 12-4    centers, as defined by 42 U.S.C. Section 1396d(l)(2)(B);  [and]
 12-5                (11)  emergency medical services; and
 12-6                (12)  any other appropriate health care service
 12-7    identified by board rule that may be determined to be
 12-8    cost-effective.
 12-9          SECTION 10. Section 106.043(b), Health and Safety Code, is
12-10    amended to read as follows:
12-11          (b)  The advisory committee is composed of 13 [12] members
12-12    appointed by the executive committee and must include:
12-13                (1)  a rural practicing family practice physician;
12-14                (2)  a rural hospital administrator;
12-15                (3)  a rural practicing registered professional nurse;
12-16                (4)  a rural practicing allied health professional;
12-17                (5)  a dean of a medical school;
12-18                (6)  a dean of a nursing school;
12-19                (7)  a dean of a school of allied health science;
12-20                (8)  a head of a vocational/technical institution;
12-21                (9)  a community college administrator;
12-22                (10)  an individual knowledgeable in student financial
12-23    assistance programs;
12-24                (11)  a rural public school superintendent; [and]
12-25                (12)  a rural resident; and
12-26                (13)  an individual who provides emergency medical
12-27    services in a rural area and who is certified or licensed as an
 13-1    emergency care attendant or at a higher level of training under
 13-2    Section 773.046, 773.047, 773.048, 773.049, or 773.0495.
 13-3          SECTION 11.  (a)  Except as provided by Subsection (b) of
 13-4    this section, this Act takes effect September 1, 2001.
 13-5          (b)  Section 773.014, Health and Safety Code, as added by
 13-6    this Act, takes effect January 1, 2002, except that Section 773.014
 13-7    takes effect September 1, 2001, for the limited purpose of allowing
 13-8    the Texas Department of Health to adopt rules under that law that
 13-9    may take effect before January 1, 2002.
13-10          (c)  Before January 1, 2002, epinephrine auto-injector
13-11    devices may be carried and administered by certain emergency
13-12    medical services personnel to the extent allowed under the law that
13-13    exists before September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 2446 was passed by the House on April
         26, 2001, by a non-record vote; that the House refused to concur in
         Senate amendments to H.B. No. 2446 on May 21, 2001, and requested
         the appointment of a conference committee to consider the
         differences between the two houses; and that the House adopted the
         conference committee report on H.B. No. 2446 on May 26, 2001, by a
         non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 2446 was passed by the Senate, with
         amendments, on May 17, 2001, by a viva-voce vote; at the request of
         the House, the Senate appointed a conference committee to consider
         the differences between the two houses; and that the Senate adopted
         the conference committee report on H.B. No. 2446 on May 26, 2001,
         by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor