Texas 2011 82nd Regular

Texas House Bill HB3065 Engrossed / Analysis

Filed 02/01/2025

Download
.pdf .doc .html
                    BILL ANALYSIS        Senate Research Center   H.B. 3065     82R3352 NAJ-D   By: Sheffield (Nichols)         Health & Human Services         5/6/2011         Engrossed    

BILL ANALYSIS

 

 

Senate Research Center H.B. 3065
82R3352 NAJ-D By: Sheffield (Nichols)
 Health & Human Services
 5/6/2011
 Engrossed

Senate Research Center

H.B. 3065

82R3352 NAJ-D

By: Sheffield (Nichols)

 

Health & Human Services

 

5/6/2011

 

Engrossed

       AUTHOR'S / SPONSOR'S STATEMENT OF INTENT   Since 1989, food service establishments have been required to display a poster depicting the Heimlich maneuver. Continuing research has been conducted into the most effective and safe manner in which to dislodge food, resulting in differing conclusions. Most specifically, the Heimlich Institute and American Red Cross have conducted research and each has a poster depicting the results of their research.   It is unclear which method of removal of Foreign Body Airway Obstruction (FBAO) should be used first. For conscious victims, case reports show success in relieving FBAO with back blows or back slaps, abdominal thrusts, and chest thrusts. Frequently more than one technique was needed to achieve relief of the obstruction. Life-threatening complications have been associated with the use of abdominal thrusts. The American Red Cross now recommends a series of back blows to dislodge food, followed by abdominal thrusts only if the back blows fail to work.   The statutory posting does not reflect the current guidance for dislodging food. Since the poster promotes a potentially dangerous maneuver, H.B. 3065 repeals the requirement that it be displayed.   H.B. 3065 amends current law relating to the requirement that certain food service establishments post a sign depicting the Heimlich maneuver.   RULEMAKING AUTHORITY   This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.    SECTION BY SECTION ANALYSIS   SECTION 1. Repealer: Subchapter E (Signs Depicting Heimlich Manuever), Chapter 438 (Public Health Measures Relating to Food), Health and Safety Code.   SECTION 2. Effective date: upon passage or September 1, 2011.     

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Since 1989, food service establishments have been required to display a poster depicting the Heimlich maneuver. Continuing research has been conducted into the most effective and safe manner in which to dislodge food, resulting in differing conclusions. Most specifically, the Heimlich Institute and American Red Cross have conducted research and each has a poster depicting the results of their research.

 

It is unclear which method of removal of Foreign Body Airway Obstruction (FBAO) should be used first. For conscious victims, case reports show success in relieving FBAO with back blows or back slaps, abdominal thrusts, and chest thrusts. Frequently more than one technique was needed to achieve relief of the obstruction. Life-threatening complications have been associated with the use of abdominal thrusts. The American Red Cross now recommends a series of back blows to dislodge food, followed by abdominal thrusts only if the back blows fail to work.

 

The statutory posting does not reflect the current guidance for dislodging food. Since the poster promotes a potentially dangerous maneuver, H.B. 3065 repeals the requirement that it be displayed.

 

H.B. 3065 amends current law relating to the requirement that certain food service establishments post a sign depicting the Heimlich maneuver.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. 

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Repealer: Subchapter E (Signs Depicting Heimlich Manuever), Chapter 438 (Public Health Measures Relating to Food), Health and Safety Code.

 

SECTION 2. Effective date: upon passage or September 1, 2011.