| 1 | 1 | | By: McClendon (Senate Sponsor - Deuell) H.B. No. 577 |
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| 2 | 2 | | (In the Senate - Received from the House May 6, 2011; |
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| 3 | 3 | | May 9, 2011, read first time and referred to Committee on Health |
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| 4 | 4 | | and Human Services; May 18, 2011, reported favorably by the |
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| 5 | 5 | | following vote: Yeas 9, Nays 0; May 18, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to emergency prehospital care provided by emergency |
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| 11 | 11 | | services personnel. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 166.102(b), Health and Safety Code, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | (b) When responding to a call for assistance, emergency |
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| 16 | 16 | | medical services personnel: |
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| 17 | 17 | | (1) shall honor only a properly executed or issued |
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| 18 | 18 | | out-of-hospital DNR order or prescribed DNR identification device |
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| 19 | 19 | | in accordance with this subchapter; and |
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| 20 | 20 | | (2) have no duty to review, examine, interpret, or |
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| 21 | 21 | | honor a person's other written directive, including a written |
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| 22 | 22 | | directive in the form prescribed by Section 166.033. |
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| 23 | 23 | | SECTION 2. Subchapter A, Chapter 773, Health and Safety |
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| 24 | 24 | | Code, is amended by adding Section 773.016 to read as follows: |
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| 25 | 25 | | Sec. 773.016. DUTIES OF EMERGENCY MEDICAL SERVICES |
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| 26 | 26 | | PERSONNEL; CERTAIN EMERGENCY PREHOSPITAL CARE SITUATIONS. (a) In |
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| 27 | 27 | | this section, "cardiopulmonary resuscitation" has the meaning |
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| 28 | 28 | | assigned by Section 166.002. |
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| 29 | 29 | | (b) Emergency medical services personnel who are providing |
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| 30 | 30 | | emergency prehospital care to a person are subject to Chapter 166, |
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| 31 | 31 | | including Section 166.102. |
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| 32 | 32 | | (c) If a person's personal physician is present and assumes |
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| 33 | 33 | | responsibility for the care of the person under the applicable |
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| 34 | 34 | | requirements of Chapter 197, Title 22, Texas Administrative Code, |
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| 35 | 35 | | while the person is receiving emergency prehospital care, the |
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| 36 | 36 | | physician may order the termination of cardiopulmonary |
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| 37 | 37 | | resuscitation only if, based on the physician's professional |
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| 38 | 38 | | medical judgment, the physician determines that resuscitation |
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| 39 | 39 | | should be discontinued. |
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| 40 | 40 | | (d) If a person's personal physician is not present or does |
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| 41 | 41 | | not assume responsibility for the care of the person while the |
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| 42 | 42 | | person is receiving emergency prehospital care, the emergency |
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| 43 | 43 | | medical services system's medical director or online physician: |
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| 44 | 44 | | (1) shall be responsible for directing the emergency |
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| 45 | 45 | | medical services personnel who are providing emergency prehospital |
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| 46 | 46 | | care to the person; and |
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| 47 | 47 | | (2) may order the termination of cardiopulmonary |
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| 48 | 48 | | resuscitation only if, based on the medical director's or online |
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| 49 | 49 | | physician's professional medical judgment, the medical director or |
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| 50 | 50 | | online physician determines that resuscitation should be |
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| 51 | 51 | | discontinued. |
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| 52 | 52 | | SECTION 3. This Act takes effect immediately if it receives |
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| 53 | 53 | | a vote of two-thirds of all the members elected to each house, as |
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| 54 | 54 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 55 | 55 | | Act does not receive the vote necessary for immediate effect, this |
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| 56 | 56 | | Act takes effect September 1, 2011. |
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| 57 | 57 | | * * * * * |
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