SRC-JLB S.B. 529 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 529
78R598 JRD-DBy: Madla
Intergovernmental Relations
3/4/2003
As Filed


DIGEST AND PURPOSE 

Currently, Texas Department of Health (TDH) standards for training
emergency medical services (EMS) personnel through a local entity, such as
a hospital, are often cost prohibitive.  As a result, personnel in rural
areas are required to travel to urban centers to access educational
opportunities for EMS response and equipment.  Some personnel are
qualified to perform certain services but are not certified to perform
those services because of the lack of available education.  As proposed,
S.B. 529 gives TDH the ability to grant administrative exemptions for
rural EMS personnel and outlines specific guidelines regarding when a
temporary exemption may be granted. 

RULEMAKING AUTHORITY
  
This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 773A, Health and Safety Code, by adding Section
773.0045, as follows: 

Sec.  773.0045.  TEMPORARY EXEMPTIONS FOR EMERGENCY MEDICAL SERVICES
PERSONNEL PRACTICING IN RURAL AREA.  (a) Defines "rural area." 

(b) Authorizes the Texas Department of Health (TDH) on a case-by-case
basis to temporarily exempt emergency medical services personnel who
primarily practice in a rural area from a requirement imposed either by
Section 773.050 or 773.055, or by a rule adopted by TDH under Section
773.050 or 773.055 if specific circumstances that affect the rural area
served by the emergency medical services personnel justify the exemption.
Authorizes TDH to temporarily exempt the emergency medical services
personnel from a requirement imposed under certain circumstances. 

(c) Requires the exemption to be in writing, including the findings
required by Subsection (b) and expire at a stated time.  Requires the
written findings to be accompanied by a concise and explicit statement
that specifically describes the circumstances that support the finding. 

(d) Requires TDH in writing, in granting the exemption, to require the
affected emergency medical services personnel or the appropriate emergency
medical services provider to adopt a written plan under which the
applicable requirement will be met as soon as possible. 

(e) Authorizes a temporary exemption under this section to allow emergency
medical services personnel who are applicants for certification at a
higher level of training to temporarily practice at the higher level. 

 SECTION 2.  Effective date:  upon passage or September 1, 2003.