82R22870 NAJ-D
 
  By: McClendon H.B. No. 577
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to emergency prehospital care provided by emergency
  services personnel.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 166.102(b), Health and Safety Code, is
  amended to read as follows:
         (b)  When responding to a call for assistance, emergency
  medical services personnel:
               (1)  shall honor only a properly executed or issued
  out-of-hospital DNR order or prescribed DNR identification device
  in accordance with this subchapter; and
               (2)  have no duty to review, examine, interpret, or
  honor a person's other written directive, including a written
  directive in the form prescribed by Section 166.033.
         SECTION 2.  Subchapter A, Chapter 773, Health and Safety
  Code, is amended by adding Section 773.016 to read as follows:
         Sec. 773.016.  DUTIES OF EMERGENCY MEDICAL SERVICES
  PERSONNEL; CERTAIN EMERGENCY PREHOSPITAL CARE SITUATIONS. (a) In
  this section, "cardiopulmonary resuscitation" has the meaning
  assigned by Section 166.002.
         (b)  Emergency medical services personnel who are providing
  emergency prehospital care to a person are subject to Chapter 166,
  including Section 166.102.
         (c)  If a person's personal physician is present and assumes
  responsibility for the care of the person under the applicable
  requirements of Chapter 197, Title 22, Texas Administrative Code,
  while the person is receiving emergency prehospital care, the
  physician may order the termination of cardiopulmonary
  resuscitation only if, based on the physician's professional
  medical judgment, the physician determines that resuscitation
  should be discontinued.
         (d)  If a person's personal physician is not present or does
  not assume responsibility for the care of the person while the
  person is receiving emergency prehospital care, the emergency
  medical services system's medical director or online physician:
               (1)  shall be responsible for directing the emergency
  medical services personnel who are providing emergency prehospital
  care to the person; and
               (2)  may order the termination of cardiopulmonary
  resuscitation only if, based on the medical director's or online
  physician's professional medical judgment, the medical director or
  online physician determines that resuscitation should be
  discontinued.
         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, 2011.