By: McClendon (Senate Sponsor - Deuell) H.B. No. 577
(In the Senate - Received from the House May 6, 2011;
May 9, 2011, read first time and referred to Committee on Health
and Human Services; May 18, 2011, reported favorably by the
following vote: Yeas 9, Nays 0; May 18, 2011, sent to printer.)
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.
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