By:  Madla                                                        S.B. No. 529
	(In the Senate - Filed February 17, 2003; February 24, 2003, 
read first time and referred to Committee on Intergovernmental 
Relations; April 3, 2003, reported favorably by the following 
vote:  Yeas 5, Nays 0; April 3, 2003, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to temporarily exempting emergency medical services 
personnel who serve a rural area of the state from certain legal 
requirements.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 773, Health and Safety 
Code, is amended by adding Section 773.0045 to read as follows:
	Sec. 773.0045.  TEMPORARY EXEMPTIONS FOR EMERGENCY MEDICAL 
SERVICES PERSONNEL PRACTICING IN RURAL AREA.  (a)  In this section, 
"rural area" means:
		(1)  a county with a population of 50,000 or less; or                  
		(2)  a relatively large, isolated, and sparsely 
populated area in a county with a population of more than 50,000.
	(b)  The department on a case–by–case basis may 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 the department 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.  The department may temporarily exempt the emergency 
medical services personnel from a requirement imposed:
		(1)  by a department rule adopted under Section 773.050 
or 773.055 only if the department finds that, under the 
circumstances, imposing the requirement would not be in the best 
interests of the people in the rural area who are served by the 
emergency medical services personnel; and
		(2)  by Section 773.050 or 773.055 only if the 
department finds that, under the circumstances, there is a 
substantial risk that imposing the requirement will detrimentally 
affect the health or safety of one or more persons in the affected 
rural area or hinder the ability of emergency medical services 
personnel who practice in the area to alleviate a threat to the 
health or safety of one or more persons in the area.
	(c)  The exemption must be in writing, include the findings 
required by Subsection (b), and expire at a stated time.  The 
written findings must be accompanied by a concise and explicit 
statement that specifically describes the circumstances that 
support the finding.
	(d)  In granting the exemption, the department in writing 
must 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)  A temporary exemption under this section may 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.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.



* * * * *