HBA-DMD C.S.H.B. 629 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 629 By: Gallego Public Health 3/29/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, 9-1-1 emergency medical services operators (operators) relay emergency service information from a caller to the proper authorities. However, in some instances callers may need additional information to help to immediately stabilize themselves or others. C.S.H.B. 629 authorizes the Texas Department of Health to provide training programs and a flash-card system to operators so that they may provide callers with useful medical information. This bill also limits liability for an operator who in good faith provides medical information. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Board of Health in SECTION 1 (Sections 773.144, 773.145, and 773.147, Health and Safety Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 773, Health and Safety Code, by adding Subchapter F, as follows: SUBCHAPTER F. MEDICAL INFORMATION PROVIDED BY EMERGENCY MEDICAL SERVICES OPERATORS Sec. 773.141. DEFINITIONS. Defines "emergency call" and "emergency medical services operator." Sec. 773.142. APPLICATION OF SUBCHAPTER. Sets forth that this subchapter does not apply to a physician or other licensed person who provides medical information under law. Sec. 773.143. PROVISION OF MEDICAL INFORMATION. Authorizes an emergency medical services operator (operator) to provide medical information to a member of the public during an emergency call provided that the operator has successfully completed an operator training program and received a certificate issued under Section 773.144, and the information provided substantially conforms to the protocol for delivery of the information adopted by the Texas Board of Health (board) under Section 773.145. Sec. 773.144. TRAINING PROGRAMS. (a) Authorizes the Texas Department of Health (department) to offer operator training programs and approve training programs offered by other persons. Requires the board, by rule, to establish minimum standards for approval of training programs and certification and decertification of program instructors. (b) Requires the provider of an operator training program to issue an operator a certificate showing completion of the training program. Authorizes the board, by rule, to require that the operator successfully complete an examination administered by the board, the provider of the training program, or by another person, before receiving the certificate. (c) Authorizes the board, by rule, to specify that the certificate issued under Subsection (b) expire at the end of a specified period that is not less than one year from the date the certificate was issued. Authorizes the board to adopt requirements, including additional training or examination, for renewal of the certificate. (d) Authorizes the board, by rule, to adopt other requirements that relate to operator training programs. Provides that the establishment of minimum standards under this section does not prohibit the entity that is employing or accepting the volunteer services of the operator from imposing additional training standards or procedures. Sec. 773.145. MEDICAL INFORMATION. Requires the board, by rule, to adopt a protocol that must be used to provide medical information under Section 773.143. The protocol is authorized to include the use of a flash-card system or other similar system designed to make the information readily accessible to the operator in an understandable form. Sec. 773.146. LIMITATION ON CIVIL LIABILITY. (a) Provides that an operator who holds a certificate under Section 173.144 is not liable for damages that arise from the provision of medical information according to the protocol adopted under Section 773.145, provided that the information is provided in good faith, unless an act or omission of the operator constitutes gross negligence, recklessness, or intentional misconduct. (b) Sets forth that Section 101.062 (9-1-1 Emergency Service), Civil Practices and Remedies Code, governs the liability of a public agency the employees or volunteers of which provide medical information under this subchapter. Sec. 773.147. Authorizes the board, by rule, to adopt fees for training programs provided by the board under Section 773.144 and for the approval of program instructors and of training programs offered by other persons. Prohibits the fees adopted under this section from exceeding the amount necessary for the department to recover the cost of administering this subchapter. SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective, beginning January 1, 2000. Requires the board to adopt rules necessary for the implementation of Subchapter F, Chapter 773, Health and Safety Code, as added by this Act, not later than December 1, 1999. SECTION 3.Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 629 differs from the original bill in SECTION 1 (proposed Section 773.141, Health and Safety Code) by modifying the definition for "emergency medical services operator." Also, the title in SECTION 1 (proposed Section 773.142, Health and Safety Code), is modified by replacing "chapter" with "subchapter." This substitute modifies the bill in SECTION 1 (proposed Section 773.144(d), Health and Safety Code) by providing that the establishment of minimum standards does not prohibit the entity that is employing or accepting the volunteer services of the operator from imposing additional training standards or procedures. C.S.H.B. 629 differs from the original bill in SECTION 1 (proposed Section 773.146, Health and Safety Code) by creating new language for portions of Subsection (a), by creating a new Subsection (b), and by deleting the original Subsection (c). Subsection (a) of the substitute provides that an operator who holds a certificate under Section 773.144 is not liable for damages that arise from the provision of medical information according to the protocol adopted under Section 773.145, provided that the information is provided in good faith, unless an act or omission of the operator constitutes gross negligence, recklessness, or intentional misconduct, rather than unless an act or omission is intentional or wilfully or wantonly negligent. Subsection (b) of this substitute sets forth that Section 101.062 (9-1-1 Emergency Service), Civil Practices and Remedies Code, governs the liability of a public agency, the employees, or volunteers of which provide medical information under this subchapter, whereas Subsection (b) of the original bill sets forth that a person who authorizes, sponsors, supports, finances, or supervises the functions of an operator is not liable for damages arising from the provision of medical information, unless the act or omission is intentional or wilfully or wantonly negligent. Subsection (c) of the original bill, which is deleted in the substitute, provides that an immunity granted by this section is in addition to any other immunity granted by law.