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79R9286 UM-F


By:  McReynolds                                                   H.B. No. 1332

Substitute the following for H.B. No. 1332:                                   

By:  Leibowitz                                                C.S.H.B. No. 1332


A BILL TO BE ENTITLED
AN ACT
relating to the regional emergency medical dispatch resource center pilot program. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter E, Chapter 771, Health and Safety Code, is amended to read as follows:
SUBCHAPTER E. [STATE] EMERGENCY MEDICAL DISPATCH
RESOURCE CENTERS [CENTER]
Sec. 771.101. DEFINITION. In this subchapter, "center" means the area health education center at The University of Texas Medical Branch of Galveston that meets the requirements of 42 U.S.C. Section 294a and has received federal funding as an area health education center. Sec. 771.102. ESTABLISHMENT OF PILOT PROGRAM. (a) The center [Texas Department of Health], with the assistance of the advisory council appointed under Section 773.012, shall establish a pilot program to test the efficacy of using emergency medical dispatchers located in a regional emergency medical dispatch resource center to provide life-saving and other emergency medical instructions to persons who need guidance while awaiting the arrival of emergency medical personnel. The purpose of a regional emergency medical dispatch resource center is not to dispatch personnel or equipment resources but to serve as a resource to provide pre-arrival instructions that may be accessed by selected public safety answering points that are not adequately staffed or funded to provide those services. (b) The commission shall provide technical assistance to the center [department] to facilitate the implementation of the pilot project. (c) The center [department], with the assistance [cooperation] of the advisory council, shall: (1) design criteria and protocols and provide oversight as needed to conduct the pilot program; (2) collect the necessary data to evaluate the outcome of the pilot program; and (3) report its findings to the legislature. Sec. 771.103 [771.102]. PARTICIPATION IN PILOT PROGRAM. (a) The center [Texas Department of Health] shall determine which public safety answering points are interested in participating in the pilot program. (b) [The department shall establish criteria for selecting qualified public safety answering points to participate in the pilot program. [(c)] Participating public safety answering points must agree to participate in any required training and to provide regular reports required by the center [department] for the pilot program. Sec. 771.104 [771.103]. SELECTION OF PROGRAM PARTICIPANTS AND REGIONAL EMERGENCY MEDICAL DISPATCH RESOURCE CENTERS [CENTER]. (a) The center [Texas Department of Health], with the assistance of the advisory council, may [shall] select [one] public safety answering points to participate in the pilot program or [point] to serve as [the] regional emergency medical dispatch resource centers [center]. A public safety answering point may participate in the pilot program and serve as a regional emergency medical dispatch resource center. A [The] public safety answering point selected [as the resource center] for the pilot program or to serve as a resource center must: (1) have a fully functional quality assurance program that measures each emergency medical dispatcher's compliance with the medical protocol; (2) have dispatch personnel who meet the requirements for emergency medical dispatcher certification or the equivalent as determined by the [Texas] Department of State Health Services; (3) use emergency medical dispatch protocols approved by a physician medical director knowledgeable in emergency medical dispatch; (4) have sufficient experience in providing pre-arrival instructions; and (5) have sufficient resources to handle the additional workload and responsibilities of the pilot program. (b) In selecting an existing public safety answering point to act as a [the] resource center, the center [department and the advisory council] shall consider a public safety answering point's ability to keep records and produce reports to measure the effectiveness of the pilot program. The center shall share information regarding a public safety answering point's abilities with the advisory council. Sec. 771.105 [771.104]. CRITERIA FOR EMERGENCY MEDICAL DISPATCH INTERVENTION. The center, with the assistance of [department and] the advisory council, shall define criteria that establish the need for emergency medical dispatch intervention to be used by participating public safety answering points to determine which calls are to be transferred to the regional emergency medical dispatch resource center for emergency medical dispatch intervention. Sec. 771.106 [771.105]. FUNDING OF PILOT PROGRAM. (a) Money in the 9-1-1 services fee fund may be appropriated to The University of Texas Medical Branch at Galveston on behalf of the center [the Texas Department of Health] to fund the pilot program. (b) The University of Texas Medical Branch at Galveston on behalf of the center and the center are [department is] also authorized to seek grant funding for the pilot program. (c) A political subdivision that participates in the pilot program may pay an appropriate share of the cost of the pilot program. (d) The provisions in this subchapter that require the center [department] to establish, conduct, and evaluate the pilot program are contingent on the center [department] receiving funding in accordance with this section. If a sufficient number of political subdivisions in a region that could be served by a pilot program offer to pay the center [Texas Department of Health] an amount that in the aggregate, together with any other funding received under this section, is sufficient to fund the pilot program for the region, The University of Texas Medical Branch at Galveston, on behalf of the center [the department]: (1) shall enter into contracts with the offering political subdivisions under which each will pay an appropriate share of the cost; and (2) when the amount under the signed contracts, together with any other funding received under this section, is sufficient to fund the pilot program for the region, shall implement the pilot program for the region. Sec. 771.107 [771.106]. REPORT TO LEGISLATURE. The center [department] shall biennially report its findings to the governor, the presiding officer of each house of the legislature, and the advisory council no later than January 1 of each odd-numbered year through 2009 [, 2005]. Sec. 771.108 [771.107]. LIABILITY. The operations of the regional emergency medical dispatch resource center are considered to be the provision of 9-1-1 services for purposes of Section 771.053. Employees of and volunteers at the center have the same protection from liability as a member of the governing body of a public agency under Section 771.053. Sec. 771.109 [771.1071]. WORK GROUP. (a) The center may [presiding officer of the advisory council shall] appoint a pilot program work group to assist the center [Texas Department of Health] in developing, implementing, and evaluating the pilot program and preparing a report on the center's [department's] findings. (b) A member of the work group receives no additional compensation for serving on the pilot program work group and may not be reimbursed for travel or other expenses incurred while conducting the business of the pilot program work group. (c) The pilot program work group is not subject to Chapter 2110, Government Code. Sec. 771.110 [771.108]. EXPIRATION. This subchapter expires September 1, 2009 [2005]. 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, 2005.