By: Uresti S.B. No. 2081

(In the Senate - Filed March 13, 2009; March 31, 2009, read first time and referred to Committee on Intergovernmental Relations; April 21, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 5, Nays 0; April 21, 2009, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 2081 By: Gallegos

A BILL TO BE ENTITLED

AN ACT

relating to reports regarding the provision of emergency ground ambulance services in counties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 774, Health and Safety Code, is amended by adding Section 774.005 to read as follows:

Sec. 774.005. COUNTY SELF-ASSESSMENT OF PROVISION OF EMERGENCY GROUND AMBULANCE SERVICES. (a) Each county shall assess the emergency ground ambulance services provided in that county from all sources that respond to 9-1-1 or other emergency calls and provide primary emergency response.

(b) The executive commissioner of the Health and Human Services Commission, in consultation with the commissioner of state health services, shall adopt rules governing the self-assessment required by this section. At minimum, the rules must require each county, in the county's self-assessment, to address:

(1) the minimum training, licensing, or certification of ambulance personnel;

(2) the staffing of ambulances in the county;

(3) the types of vehicles used as ambulances in the county;

(4) the type of advanced life support or basic life support, as defined by Section 773.003, that ambulance personnel provide;

(5) the local deployment plan for ground ambulance services; and

(6) other information determined by the executive commissioner as necessary for inclusion in the county's self-assessment of emergency ground ambulance services.

(c) A county or municipality may establish reporting standards for emergency ground ambulance services that are stricter than those adopted under this section.

(d) A county may adopt an order requiring all ambulance providers that respond to 9-1-1 or other emergency calls in the county and provide primary emergency response to submit to the county information to enable the county to comply with this section.

(e) A county, emergency services district, or other entity may operate an emergency ground ambulance service that is operated in accordance with federal laws, the laws of this state, and other state and local rules.

(f) Not later than March 1 of each year, each county shall publish a report on the availability of emergency ground ambulance services within the county during the previous calendar year based on the county's self-assessment using factors adopted by the executive commissioner of the Health and Human Services Commission under Subsection (b) or by the county under Subsection (c). The county shall provide the report to the Department of State Health Services, make the report available on the county's Internet website, and annually publish a summary of the report, together with the address of the website containing the report, in a newspaper of general circulation in the county. If the county does not operate a website, the county shall publish the report annually in a newspaper of general circulation in the county.

SECTION 2. (a) The executive commissioner of the Health and Human Services Commission, in consultation with the commissioner of state health services, shall adopt rules as required by Section 774.005, Health and Safety Code, as added by this Act, not later than January 1, 2010.

(b) Notwithstanding Subsection (f), Section 774.005, Health and Safety Code, as added by this Act, a county is not required to publish a report as required by that subsection before March 1, 2011.

SECTION 3. 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, 2009.

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