By Glaze H.B. No. 2446
77R5711 JRD-D
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 773.095(a), Health and Safety Code, is
2-3 amended to read as follows:
2-4 (a) The proceedings and records of organized committees of
2-5 hospitals, medical societies, emergency medical services providers,
2-6 emergency medical services and trauma care systems, or first
2-7 responder organizations relating to the review, evaluation, or
2-8 improvement of an emergency medical services provider, a first
2-9 responder organization, an emergency medical services and trauma
2-10 care system, or emergency medical services personnel are
2-11 confidential and not subject to disclosure by court subpoena or
2-12 otherwise.
2-13 SECTION 4. Section 773.115(a), Health and Safety Code, is
2-14 amended to read as follows:
2-15 (a) The bureau may designate trauma facilities that are a
2-16 part of an emergency medical services and trauma care system. A
2-17 trauma facility shall be designated by the level of trauma care and
2-18 services provided in accordance with the American College of
2-19 Surgeons guidelines for level I and [,] II[, and III] trauma
2-20 facilities [centers] and rules adopted by the board for level III
2-21 and IV [and V] trauma facilities [centers]. In adopting rules
2-22 under this section, the board may consider trauma caseloads,
2-23 geographic boundaries, or minimum population requirements, but the
2-24 bureau may not deny designation solely on these criteria. The
2-25 board may not set an arbitrary limit on the number of facilities
2-26 designated as trauma facilities.
2-27 SECTION 5. Section 615.003, Government Code, is amended to
3-1 read as follows:
3-2 Sec. 615.003. APPLICABILITY. This chapter applies only to
3-3 eligible survivors of the following individuals:
3-4 (1) an individual elected, appointed, or employed as a
3-5 peace officer by the state or a political subdivision of the state
3-6 under Article 2.12, Code of Criminal Procedure, or other law;
3-7 (2) a paid probation officer appointed by the director
3-8 of a community supervision and corrections department who has the
3-9 duties set out in Section 76.002 and the qualifications set out in
3-10 Section 76.005, or who was appointed in accordance with prior law;
3-11 (3) a parole officer employed by the pardons and
3-12 paroles division of the Texas Department of Criminal Justice who
3-13 has the duties set out in Section 508.001 and the qualifications
3-14 set out in Section 508.113 or in prior law;
3-15 (4) a paid jailer;
3-16 (5) a member of an organized police reserve or
3-17 auxiliary unit who regularly assists peace officers in enforcing
3-18 criminal laws;
3-19 (6) a member of the class of employees of the
3-20 institutional division or the state jail division of the Texas
3-21 Department of Criminal Justice formally designated as custodial
3-22 personnel under Section 615.006 by the Texas Board of Criminal
3-23 Justice or its predecessor in function;
3-24 (7) a jailer or guard of a county jail who is
3-25 appointed by the sheriff and who:
3-26 (A) performs a security, custodial, or
3-27 supervisory function over the admittance, confinement, or discharge
4-1 of prisoners; and
4-2 (B) is certified by the Texas Commission on Law
4-3 Enforcement Officer Standards and Education;
4-4 (8) a juvenile correctional employee of the Texas
4-5 Youth Commission;
4-6 (9) an employee of the Texas Department of Mental
4-7 Health and Mental Retardation who:
4-8 (A) works at the department's maximum security
4-9 unit; or
4-10 (B) performs on-site services for the Texas
4-11 Department of Criminal Justice;
4-12 (10) an individual who is employed by the state or a
4-13 political or legal subdivision and is subject to certification by
4-14 the Texas Commission on Fire Protection;
4-15 (11) an individual employed by the state or a
4-16 political or legal subdivision whose principal duties are aircraft
4-17 crash and rescue fire fighting;
4-18 (12) a member of an organized volunteer fire-fighting
4-19 unit that:
4-20 (A) renders fire-fighting services without
4-21 remuneration;
4-22 (B) consists of not fewer than 20 active
4-23 members, a majority of whom are present at each meeting; and
4-24 (C) conducts a minimum of two drills each month,
4-25 each two hours long; or
4-26 (13) an individual who:
4-27 (A) performs emergency medical services or
5-1 operates an ambulance;
5-2 (B) is employed by a political subdivision of
5-3 the state or is an emergency medical services volunteer as defined
5-4 by Section 773.003, Health and Safety Code; and
5-5 (C) is qualified as an emergency care attendant
5-6 [medical technician] or at a higher level of training under Section
5-7 773.046, 773.047, 773.048, [or] 773.049, or 773.0495, Health and
5-8 Safety Code.
5-9 SECTION 6. Section 61.0285(a), Health and Safety Code, is
5-10 amended to read as follows:
5-11 (a) In addition to basic health care services provided under
5-12 Section 61.028, a county may, in accordance with department rules
5-13 adopted under Section 61.006, provide other medically necessary
5-14 services or supplies that the county determines to be
5-15 cost-effective, including:
5-16 (1) ambulatory surgical center services;
5-17 (2) diabetic and colostomy medical supplies and
5-18 equipment;
5-19 (3) durable medical equipment;
5-20 (4) home and community health care services;
5-21 (5) services provided by licensed master medical
5-22 social workers--advanced clinical practitioners;
5-23 (6) psychological counseling services;
5-24 (7) services provided by physician assistants, nurse
5-25 practitioners, certified nurse midwives, clinical nurse
5-26 specialists, and certified registered nurse anesthetists;
5-27 (8) dental care;
6-1 (9) vision care, including eyeglasses;
6-2 (10) services provided by federally qualified health
6-3 centers, as defined by 42 U.S.C. Section 1396d(l)(2)(B); [and]
6-4 (11) emergency medical services; and
6-5 (12) any other appropriate health care service
6-6 identified by board rule that may be determined to be
6-7 cost-effective.
6-8 SECTION 7. Section 106.043(b), Health and Safety Code, is
6-9 amended to read as follows:
6-10 (b) The advisory committee is composed of 12 members
6-11 appointed by the executive committee and must include:
6-12 (1) a rural practicing family practice physician;
6-13 (2) a rural hospital administrator;
6-14 (3) a rural practicing registered professional nurse;
6-15 (4) a rural practicing allied health professional;
6-16 (5) a dean of a medical school;
6-17 (6) a dean of a nursing school;
6-18 (7) a dean of a school of allied health science;
6-19 (8) a head of a vocational/technical institution;
6-20 (9) a community college administrator;
6-21 (10) an individual knowledgeable in student financial
6-22 assistance programs;
6-23 (11) a rural public school superintendent; [and]
6-24 (12) a rural resident; and
6-25 (13) an individual who provides emergency medical
6-26 services in a rural area who is certified or licensed as an
6-27 emergency care attendant or at a higher level of training under
7-1 Section 773.046, 773.047, 773.048, 773.049, or 773.0495.
7-2 SECTION 8. This Act takes effect September 1, 2001.