88R2149 JG-D
 
  By: Manuel H.B. No. 3529
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to personal assistive mobility device protections for
  patients receiving emergency medical services.
         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 773.0125 to read as follows:
         Sec. 773.0125.  PERSONAL ASSISTIVE MOBILITY DEVICE
  PROTECTIONS. (a) In this section:
               (1)  "Hospital" means a general hospital, a pediatric
  and adolescent hospital, or a special hospital, as those terms are
  defined by Section 241.003.
               (2)  "Personal assistive mobility device" means a
  wheelchair or a motorized assistive mobility device, including a
  motorized wheelchair.
         (b)  This section applies to the transport, custody, and
  control of a personal assistive mobility device of a patient who is
  receiving emergency medical services while the device is:
               (1)  in an emergency medical services vehicle;
               (2)  being transported or controlled by emergency
  medical services personnel, including volunteers;
               (3)  being transported or controlled by an emergency
  medical services provider;
               (4)  under the custody or control of a hospital; or
               (5)  under the custody or control of an individual who
  is providing the emergency medical services for an emergency
  medical services and trauma care system.
         (c)  The executive commissioner shall adopt rules to:
               (1)  ensure the safety and security of and the
  protection of property rights in a patient's personal assistive
  mobility device while the patient is receiving emergency medical
  services as described by Subsection (b); and
               (2)  require each person or entity that provides the
  emergency medical services to adopt procedures, in accordance with
  commission rules, for the:
                     (A)  safe and secure storage of the patient's
  personal assistive mobility device for the duration of the service
  provision;
                     (B)  return to the patient of the patient's
  personal assistive mobility device at the time the service
  provision concludes; and
                     (C)  safe and secure transfer of the patient's
  personal assistive mobility device from one person providing
  emergency medical services as described by Subsection (b) to
  another person providing those services, including the transfer of
  a personal assistive mobility device for a patient who is
  transported by air.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the executive commissioner of the Health and Human
  Services Commission shall adopt the rules required by Section
  773.0125, Health and Safety Code, as added by this Act.
         SECTION 3.  This Act takes effect September 1, 2023.