77R10304 JRD-F                           
         By Glaze, et al.                                      H.B. No. 2446
         Substitute the following for H.B. No. 2446:
         By Glaze                                          C.S.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. Section 773.012, Health and Safety Code, is
 1-5     amended by amending Subsection (a) and adding Subsections (k) and
 1-6     (l) to read as follows:
 1-7           (a)  The governor shall appoint an advisory council to advise
 1-8     the board regarding matters related to the responsibilities of the
 1-9     board, commissioner, and department under this chapter.  In making
1-10     appointments to the advisory council, the governor shall ensure
1-11     that approximately one-half of the members of the advisory council
1-12     are residents of rural areas of the state.
1-13           (k)  The advisory council shall assess the need for emergency
1-14     medical services in the rural areas of the state.
1-15           (l)  The advisory council shall develop a strategic plan for:
1-16                 (1)  refining the educational requirements for
1-17     certification and maintaining certification as emergency medical
1-18     services personnel; and
1-19                 (2)  developing emergency medical services and trauma
1-20     care systems.
1-21           SECTION 2. Subchapter A, Chapter 773, Health and Safety Code,
1-22     is amended by adding Section 773.013 to read as follows:
1-23           Sec. 773.013.  PEER ASSISTANCE PROGRAM. The department may
1-24     establish, approve, and fund a peer assistance program in
 2-1     accordance with Section 467.003 and board rules.
 2-2           SECTION 3. Section 773.025, Health and Safety Code, is
 2-3     amended by adding Subsections (d) and (e) to read as follows:
 2-4           (d)  A governmental entity or nongovernmental organization
 2-5     that sponsors or wishes to sponsor an emergency medical services
 2-6     provider or first responder organization in a rural or underserved
 2-7     area may request the bureau to provide or facilitate the provision
 2-8     of initial training for emergency care attendants, if the training
 2-9     is not available locally.  The bureau shall ensure that the
2-10     training is provided. The bureau shall provide the training without
2-11     charge, or contract with qualified instructors to provide the
2-12     training without charge, to students who agree to perform emergency
2-13     care attendant services for at least one year with the local
2-14     emergency medical services provider or first responder
2-15     organization. The training must be provided at times and places
2-16     that are convenient to the students. The bureau shall require that
2-17     at least three students are scheduled to take any class offered
2-18     under this subsection.
2-19           (e)  To facilitate all levels of emergency medical services
2-20     training, the bureau shall consult with and solicit comment from
2-21     emergency medical services providers, first responder
2-22     organizations, persons who provide emergency medical services
2-23     training, and other entities interested in emergency medical
2-24     services training programs.
2-25           SECTION 4. Section 773.095(a), Health and Safety Code, is
2-26     amended to read as follows:
2-27           (a)  The proceedings and records of organized committees of
 3-1     hospitals, medical societies, emergency medical services providers,
 3-2     emergency medical services and trauma care systems, or first
 3-3     responder organizations relating to the review, evaluation, or
 3-4     improvement of an emergency medical services provider, a first
 3-5     responder organization, an emergency medical services and trauma
 3-6     care system, or emergency medical services personnel are
 3-7     confidential and not subject to disclosure by court subpoena or
 3-8     otherwise.
 3-9           SECTION 5. Section 773.115(a), Health and Safety Code, is
3-10     amended to read as follows:
3-11           (a)  The bureau may designate trauma facilities that are a
3-12     part of an emergency medical services and trauma care system.  A
3-13     trauma facility shall be designated by the level of trauma care and
3-14     services provided in accordance with the American College of
3-15     Surgeons guidelines for level I and [,] II[, and III] trauma
3-16     facilities [centers] and rules adopted by the board for level III
3-17     and IV [and V] trauma facilities [centers].  In adopting rules
3-18     under this section, the board may consider trauma caseloads,
3-19     geographic boundaries, or minimum population requirements, but the
3-20     bureau may not deny designation solely on these criteria.  The
3-21     board may not set an arbitrary limit on the number of facilities
3-22     designated as trauma facilities.
3-23           SECTION 6. Section 615.003, Government Code, is amended to
3-24     read as follows:
3-25           Sec. 615.003.  APPLICABILITY. This chapter applies only to
3-26     eligible survivors of the following individuals:
3-27                 (1)  an individual elected, appointed, or employed as a
 4-1     peace officer by the state or a political subdivision of the state
 4-2     under  Article 2.12, Code of Criminal Procedure, or other law;
 4-3                 (2)  a paid probation officer appointed by the director
 4-4     of a community supervision and corrections department who has the
 4-5     duties set out in Section 76.002 and the qualifications set out in
 4-6     Section 76.005, or who was appointed in accordance with prior law;
 4-7                 (3)  a parole officer employed by the pardons and
 4-8     paroles division of the Texas Department of Criminal Justice who
 4-9     has the duties set out in Section 508.001 and the qualifications
4-10     set out in Section 508.113 or in prior law;
4-11                 (4)  a paid jailer;
4-12                 (5)  a member of an organized police reserve or
4-13     auxiliary unit who regularly assists peace officers in enforcing
4-14     criminal laws;
4-15                 (6)  a member of the class of employees of the
4-16     institutional division or the state jail division of the Texas
4-17     Department of Criminal Justice formally designated as custodial
4-18     personnel under Section 615.006 by the Texas Board of Criminal
4-19     Justice or its predecessor in function;
4-20                 (7)  a jailer or guard of a county jail who is
4-21     appointed by the sheriff and who:
4-22                       (A)  performs a security, custodial, or
4-23     supervisory function over the admittance, confinement, or discharge
4-24     of prisoners; and
4-25                       (B)  is certified by the [Texas] Commission on
4-26     Law Enforcement Officer Standards and Education;
4-27                 (8)  a juvenile correctional employee of the Texas
 5-1     Youth Commission;
 5-2                 (9)  an employee of the Texas Department of Mental
 5-3     Health and Mental Retardation who:
 5-4                       (A)  works at the department's maximum security
 5-5     unit; or
 5-6                       (B)  performs on-site services for the Texas
 5-7     Department of Criminal Justice;
 5-8                 (10)  an individual who is employed by the state or a
 5-9     political or legal subdivision and is subject to certification by
5-10     the Texas Commission on Fire Protection;
5-11                 (11)  an individual employed by the state or a
5-12     political or legal subdivision whose principal duties are aircraft
5-13     crash and rescue fire fighting;
5-14                 (12)  a member of an organized volunteer fire-fighting
5-15     unit that:
5-16                       (A)  renders fire-fighting services without
5-17     remuneration;
5-18                       (B)  consists of not fewer than 20 active
5-19     members, a majority of whom are present at each meeting; and
5-20                       (C)  conducts a minimum of two drills each month,
5-21     each two hours long; or
5-22                 (13)  an individual who:
5-23                       (A)  performs emergency medical services or
5-24     operates an ambulance;
5-25                       (B)  is employed by a political subdivision of
5-26     the state or is an emergency medical services volunteer as defined
5-27     by Section 773.003, Health and Safety Code; and
 6-1                       (C)  is qualified as an emergency care attendant
 6-2     [medical technician] or at a higher level of training under Section
 6-3     773.046, 773.047, 773.048, [or]  773.049, or 773.0495, Health and
 6-4     Safety Code.
 6-5           SECTION 7. Section 61.0285(a), Health and Safety Code, is
 6-6     amended to read as follows:
 6-7           (a)  In addition to basic health care services provided under
 6-8     Section 61.028, a county may, in accordance with department rules
 6-9     adopted under Section 61.006, provide other medically necessary
6-10     services or supplies that the county determines to be
6-11     cost-effective, including:
6-12                 (1)  ambulatory surgical center services;
6-13                 (2)  diabetic and colostomy medical supplies and
6-14     equipment;
6-15                 (3)  durable medical equipment;
6-16                 (4)  home and community health care services;
6-17                 (5)  services provided by licensed master medical
6-18     social workers--advanced clinical practitioners;
6-19                 (6)  psychological counseling services;
6-20                 (7)  services provided by physician assistants, nurse
6-21     practitioners, certified nurse midwives, clinical nurse
6-22     specialists, and certified registered nurse anesthetists;
6-23                 (8)  dental care;
6-24                 (9)  vision care, including eyeglasses;
6-25                 (10)  services provided by federally qualified health
6-26     centers, as defined by 42 U.S.C. Section 1396d(l)(2)(B);  [and]
6-27                 (11)  emergency medical services; and
 7-1                 (12)  any other appropriate health care service
 7-2     identified by board rule that may be determined to be
 7-3     cost-effective.
 7-4           SECTION 8. Section 106.043(b), Health and Safety Code, is
 7-5     amended to read as follows:
 7-6           (b)  The advisory committee is composed of 12 members
 7-7     appointed by the executive committee and must include:
 7-8                 (1)  a rural practicing family practice physician;
 7-9                 (2)  a rural hospital administrator;
7-10                 (3)  a rural practicing registered professional nurse;
7-11                 (4)  a rural practicing allied health professional;
7-12                 (5)  a dean of a medical school;
7-13                 (6)  a dean of a nursing school;
7-14                 (7)  a dean of a school of allied health science;
7-15                 (8)  a head of a vocational/technical institution;
7-16                 (9)  a community college administrator;
7-17                 (10)  an individual knowledgeable in student financial
7-18     assistance programs;
7-19                 (11)  a rural public school superintendent; [and]
7-20                 (12)  a rural resident; and
7-21                 (13)  an individual who provides emergency medical
7-22     services in a rural area and who is certified or licensed as an
7-23     emergency care attendant or at a higher level of training under
7-24     Section 773.046, 773.047, 773.048, 773.049, or 773.0495.
7-25           SECTION 9.  This Act takes effect September 1, 2001.