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.