H.B. No. 479
AN ACT
relating to the transfer of the regional emergency medical dispatch
resource centers program to the Commission on State Emergency
Communications and a pilot project to provide emergency
telemedicine medical services in rural areas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 771.102(a) and (c), Health and Safety
Code, are amended to read as follows:
(a) The commission [center], with the assistance of the
advisory council appointed under Section 773.012, shall administer
the program in which [establish a program to use] emergency medical
dispatchers located in regional emergency medical dispatch
resource centers are used to provide life-saving and other
emergency medical instructions to persons who need guidance while
awaiting the arrival of emergency medical personnel. The purpose
of a regional emergency medical dispatch resource center is not to
dispatch personnel or equipment resources but to serve as a
resource to provide pre-arrival instructions that may be accessed
by selected public safety answering points that are not adequately
staffed or funded to provide those services.
(c) The commission [center], with the assistance of the
advisory council, shall:
(1) design criteria and protocols and provide
oversight as needed to conduct the program;
(2) collect the necessary data to evaluate the
program; and
(3) report its findings to the legislature.
SECTION 2. Sections 771.103, 771.104, and 771.105, Health
and Safety Code, are amended to read as follows:
Sec. 771.103. PARTICIPATION IN PROGRAM. (a) The
commission [center] shall determine which public safety answering
points are interested in participating in the program.
(b) Participating public safety answering points must agree
to participate in any required training and to provide regular
reports required by the commission [center] for the program.
Sec. 771.104. SELECTION OF PROGRAM PARTICIPANTS AND
REGIONAL EMERGENCY MEDICAL DISPATCH RESOURCE CENTERS. (a) The
commission [center], with the assistance of the advisory council,
may select public safety answering points to participate in the
program or to serve as regional emergency medical dispatch resource
centers. A public safety answering point may participate in the
program and serve as a regional emergency medical dispatch resource
center. A public safety answering point selected for the program or
to serve as a resource center must:
(1) have a fully functional quality assurance program
that measures each emergency medical dispatcher's compliance with
the medical protocol;
(2) have dispatch personnel who meet the requirements
for emergency medical dispatcher certification or the equivalent as
determined by the Department of State Health Services;
(3) use emergency medical dispatch protocols approved
by a physician medical director knowledgeable in emergency medical
dispatch;
(4) have sufficient experience in providing
pre-arrival instructions; and
(5) have sufficient resources to handle the additional
workload and responsibilities of the program.
(b) In selecting an existing public safety answering point
to act as a resource center, the commission [center] shall consider
a public safety answering point's ability to keep records and
produce reports to measure the effectiveness of the program. The
commission [center] shall share information regarding a public
safety answering point's abilities with the advisory council.
Sec. 771.105. CRITERIA FOR EMERGENCY MEDICAL DISPATCH
INTERVENTION. The commission [center], with the assistance of the
advisory council, shall define criteria that establish the need for
emergency medical dispatch intervention to be used by participating
public safety answering points to determine which calls are to be
transferred to the regional emergency medical dispatch resource
center for emergency medical dispatch intervention.
SECTION 3. Sections 771.106(a), (b), and (d), Health and
Safety Code, are amended to read as follows:
(a) State [Money in the 9-1-1 services fee fund and other
state] funds may be appropriated to [The University of Texas
Medical Branch at Galveston on behalf of] the commission [center]
to fund the program.
(b) The commission may [University of Texas Medical Branch
at Galveston on behalf of the center and the center are also
authorized to] seek grant funding for the program.
(d) The provisions in this subchapter that require the
commission [center] to [establish,] conduct[,] and evaluate the
program are contingent on the commission [center] receiving funding
in accordance with this section. If a sufficient number of
political subdivisions in a region that could be served by a program
offer to pay the commission [center] an amount that in the
aggregate, together with any other funding received under this
section, is sufficient to fund the program for the region, [The
University of Texas Medical Branch at Galveston, on behalf of] the
commission [center]:
(1) shall enter into contracts with the offering
political subdivisions under which each will pay an appropriate
share of the cost; and
(2) when the amount under the signed contracts,
together with any other funding received under this section, is
sufficient to fund the program for the region, shall implement the
program for the region.
SECTION 4. Section 771.107, Health and Safety Code, is
amended to read as follows:
Sec. 771.107. REPORT TO LEGISLATURE. The commission
[center] shall biennially report its findings to the governor, the
presiding officer of each house of the legislature, and the
advisory council no later than January 1 of each odd-numbered year.
SECTION 5. Section 771.109(a), Health and Safety Code, is
amended to read as follows:
(a) The commission [center] may appoint a program work group
to assist the commission [center] in [developing,] implementing[,]
and evaluating the program and preparing a report on the
commission's [center's] findings.
SECTION 6. Chapter 771, Health and Safety Code, is amended
by adding Subchapter F to read as follows:
SUBCHAPTER F. NEXT GENERATION 9-1-1 TELEMEDICINE MEDICAL
SERVICES PILOT PROJECT
Sec. 771.151. DEFINITIONS. In this subchapter:
(1) "Center" means the area health education center at
the Texas Tech University Health Sciences Center that meets the
requirements of 42 U.S.C. Section 294a and has received federal
funding as an area health education center.
(2) "Emergency medical services" means services used
to respond to an individual's perceived need for immediate medical
care and to prevent death or aggravation of physiological or
psychological illness or injury.
(3) "Emergency medical services provider" means a
person who uses or maintains emergency medical services vehicles,
medical equipment, and emergency medical services personnel to
provide emergency medical services.
(4) "Emergency prehospital care" means care provided
to the sick or injured before or during transportation to a medical
facility, and includes any necessary stabilization of the sick or
injured in connection with that transportation.
(5) "Regional trauma resource center" means a trauma
facility that the center selects to participate in the project.
(6) "Rural area" means:
(A) a county with a population of 50,000 or less;
or
(B) a large, isolated, and sparsely populated
area of a county with a population of more than 50,000.
(7) "Telemedicine medical service" means a health care
service that is initiated by a physician or provided by a health
professional acting under physician delegation and supervision,
that is provided for purposes of patient assessment by a health
professional, diagnosis or consultation by a physician, or
treatment, or for the transfer of medical data, and that requires
the use of advanced telecommunications technology, other than
telephone or facsimile technology, including:
(A) compressed digital interactive video, audio,
or data transmission;
(B) clinical data transmission using computer
imaging by way of still-image capture and store and forward; and
(C) other technology that facilitates access to
health care services or medical specialty expertise.
(8) "Trauma facility" means a health care facility
that is capable of comprehensive treatment of seriously injured
persons and is a part of an emergency medical services and trauma
care system.
Sec. 771.152. ESTABLISHMENT OF PILOT PROJECT. (a) The
commission, with the assistance of the center, shall establish a
pilot project to provide emergency medical services instruction and
emergency prehospital care instruction through a telemedicine
medical service provided by regional trauma resource centers to:
(1) health care providers in rural area trauma
facilities; and
(2) emergency medical services providers in rural
areas.
(b) The commission shall provide technical assistance to
the center in implementing the pilot project.
(c) The center, with the assistance of the commission,
shall:
(1) design criteria and protocols for the telemedicine
medical service and related instruction and provide the oversight
necessary to conduct the pilot project;
(2) define criteria to determine when telemedicine
medical services that provide instructions for emergency medical
services, emergency prehospital care, and trauma care should be
transferred to an emergency medical resource center for
intervention; and
(3) collect the data necessary to evaluate the
project.
(d) The center may make available appropriate resources for
individuals who do not speak English.
Sec. 771.153. STAFF. The center shall provide the
telemedicine medical service and related instruction for the pilot
project through health care providers in regional trauma resource
centers, including physicians, pharmacists, emergency medical
personnel, and other health professionals acting under physician
delegation and supervision.
Sec. 771.154. PARTICIPATION IN PILOT PROJECT. (a) The
center shall determine the trauma facilities and emergency medical
services providers that are interested in participating in the
pilot project.
(b) A trauma facility or emergency medical services
provider participating in the pilot project must agree to
successfully complete any required training and to provide all
reports required by the center for the project.
Sec. 771.155. SELECTION OF PROJECT PARTICIPANTS AND
REGIONAL TRAUMA RESOURCE CENTERS. (a) The center, with the
assistance of the commission, may select trauma facilities and
emergency medical services providers to participate in the pilot
project and select trauma facilities to serve as regional trauma
resource centers.
(b) A trauma facility may not be selected to participate in
the project or to serve as a regional trauma resource center unless
the facility:
(1) has a quality assurance program that measures each
health care provider's compliance with the medical protocol;
(2) uses emergency medical services and emergency
prehospital care protocols approved by a physician medical director
knowledgeable in emergency medical services and emergency
prehospital care;
(3) has experience in providing emergency medical
services and emergency prehospital care that the center determines
is sufficient; and
(4) has resources sufficient to provide the additional
telemedicine medical services and related instruction required for
the pilot project in addition to the health care services already
provided by the facility.
(c) In selecting a trauma facility to serve as a regional
trauma resource center, the center shall consider the facility
personnel's ability to maintain records and produce reports to
measure the effectiveness of the pilot project. The center shall
share information regarding that ability with the commission.
Sec. 771.156. FUNDING OF PILOT PROJECT. (a) Money
collected under Section 771.072(f) may be appropriated to the
commission to fund the pilot project.
(b) The center may seek grants to fund the pilot project.
(c) A political subdivision with a trauma facility that
participates in the pilot project may pay part of the costs of the
pilot project.
(d) If a sufficient number of political subdivisions in a
region that may be served by the pilot project agree to pay the
center an amount that together with other funding received under
this section is sufficient to fund the pilot project for the region,
the center shall:
(1) contract with the political subdivisions for each
to pay an appropriate share of the cost; and
(2) implement the project for the region when the
amounts agreed to in the contracts and any other funding received
under this section are sufficient to fund the project for the
region.
Sec. 771.157. REPORT TO LEGISLATURE. The center, in
cooperation with the commission, shall report its findings to the
governor and the presiding officer of each house of the
legislature, not later than December 31, 2020.
Sec. 771.158. LIABILITY. The operations of the center and a
regional trauma resource center are considered to be the provision
of 9-1-1 services for purposes of Section 771.053. Employees of and
volunteers at the regional trauma resource center have the same
protection from liability as a member of the governing body of a
public agency under Section 771.053.
Sec. 771.159. WORK GROUP. (a) The center may appoint a
project work group to assist the center in developing,
implementing, and evaluating the project and preparing a report on
the center's findings.
(b) A member of the work group is not entitled to
compensation for serving on the project work group and may not be
reimbursed for travel or other expenses incurred while conducting
the business of the project work group.
(c) The project work group is not subject to Chapter 2110,
Government Code.
Sec. 771.160. EXPIRATION. This subchapter expires January
1, 2021.
SECTION 7. Sections 771.101 and 771.102(b), Health and
Safety Code, are repealed.
SECTION 8. (a) In this section:
(1) "Center" means the area health education center at
The University of Texas Medical Branch at Galveston that meets the
requirements of 42 U.S.C. Section 294a and has received federal
funding as an area health education center.
(2) "Program" means the regional emergency medical
dispatch resource centers program established under Subchapter E,
Chapter 771, Health and Safety Code, as that subchapter existed
before amendment by this Act.
(b) On the effective date of this Act, the administration of
the program is transferred from the center to the Commission on
State Emergency Communications and all unspent and unobligated
funds appropriated by the legislature to The University of Texas
Medical Branch at Galveston on behalf of the center to fund the
program are transferred to the commission.
(c) The Commission on State Emergency Communications with
the agreement of the center may accept the transfer of any records,
employees, or real or personal property of the center relating to
the operation of the program.
SECTION 9. This Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 479 was passed by the House on April
15, 2015, by the following vote: Yeas 140, Nays 1, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 479 on May 22, 2015, by the following vote: Yeas 128, Nays 4, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 479 was passed by the Senate, with
amendments, on May 21, 2015, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor