88R2149 JG-D
By: Manuel H.B. No. 3529
A BILL TO BE ENTITLED
AN ACT
relating to personal assistive mobility device protections for
patients receiving emergency medical services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 773, Health and Safety
Code, is amended by adding Section 773.0125 to read as follows:
Sec. 773.0125. PERSONAL ASSISTIVE MOBILITY DEVICE
PROTECTIONS. (a) In this section:
(1) "Hospital" means a general hospital, a pediatric
and adolescent hospital, or a special hospital, as those terms are
defined by Section 241.003.
(2) "Personal assistive mobility device" means a
wheelchair or a motorized assistive mobility device, including a
motorized wheelchair.
(b) This section applies to the transport, custody, and
control of a personal assistive mobility device of a patient who is
receiving emergency medical services while the device is:
(1) in an emergency medical services vehicle;
(2) being transported or controlled by emergency
medical services personnel, including volunteers;
(3) being transported or controlled by an emergency
medical services provider;
(4) under the custody or control of a hospital; or
(5) under the custody or control of an individual who
is providing the emergency medical services for an emergency
medical services and trauma care system.
(c) The executive commissioner shall adopt rules to:
(1) ensure the safety and security of and the
protection of property rights in a patient's personal assistive
mobility device while the patient is receiving emergency medical
services as described by Subsection (b); and
(2) require each person or entity that provides the
emergency medical services to adopt procedures, in accordance with
commission rules, for the:
(A) safe and secure storage of the patient's
personal assistive mobility device for the duration of the service
provision;
(B) return to the patient of the patient's
personal assistive mobility device at the time the service
provision concludes; and
(C) safe and secure transfer of the patient's
personal assistive mobility device from one person providing
emergency medical services as described by Subsection (b) to
another person providing those services, including the transfer of
a personal assistive mobility device for a patient who is
transported by air.
SECTION 2. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt the rules required by Section
773.0125, Health and Safety Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2023.