H.B. No. 1126
AN ACT
relating to emergency medical services vehicles and personnel and
the collection and use of certain health-related data.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 104.042(e), Health and Safety Code, is
amended to read as follows:
(e) Data received by the department under this section
containing information identifying specific patients [persons or
health care facilities] is confidential, is not subject to
disclosure under Chapter 552, Government Code, and may not be
released unless the [all identifying] information identifying the
patient is removed. This subsection does not authorize the release
of information that is confidential under Chapter 108.
SECTION 2. Subchapter D, Chapter 104, Health and Safety
Code, is amended by adding Section 104.044 to read as follows:
Sec. 104.044. SORTING COLLECTED DATA. (a) The department
shall compile the health data collected under this subchapter and
organize the results, to the extent possible, according to the
following geographic areas:
(1) the Texas-Mexico border region;
(2) each public health region;
(3) rural areas;
(4) urban areas;
(5) each county; and
(6) the state.
(b) Health data released under this subchapter must be
released in accordance with the way it is compiled under this
section.
SECTION 3. Subchapter A, Chapter 191, Health and Safety
Code, is amended by adding Section 191.008 to read as follows:
Sec. 191.008. SORTING COLLECTED DATA. (a) The department
shall compile the information relating to births, deaths, and fetal
deaths collected under this chapter and organize the results, to
the extent possible, according to the following geographic areas:
(1) the Texas-Mexico border region;
(2) each public health region;
(3) rural areas;
(4) urban areas;
(5) each county; and
(6) the state.
(b) The department may release the information relating to
births, deaths, and fetal deaths in accordance with the way it is
compiled under this section.
SECTION 4. Section 773.004(a), Health and Safety Code, is
amended to read as follows:
(a) This chapter does not apply to:
(1) a ground transfer vehicle and staff used to
transport a patient who is under a physician's care between medical
facilities or between a medical facility and a private residence,
unless it is medically necessary to transport the patient using a
stretcher;
(2) [ground or] air transfer that does not advertise
as an ambulance service and that is not licensed by the department;
(3) the use of ground or air transfer vehicles to
transport sick or injured persons in a casualty situation that
exceeds the basic vehicular capacity or capability of emergency
medical services providers in the area;
(4) an industrial ambulance; or
(5) a physician, registered nurse, or other health
care practitioner licensed by this state unless the health care
practitioner staffs an emergency medical services vehicle
regularly.
SECTION 5. Section 773.042, Health and Safety Code, is
amended to read as follows:
Sec. 773.042. BASIC LIFE-SUPPORT EMERGENCY MEDICAL
SERVICES PROVIDER QUALIFICATIONS. A provider qualifies as a basic
life-support emergency medical services provider if it provides a
vehicle that is designed for transporting the sick or injured,
[and] has personnel and sufficient equipment and supplies for
providing basic life support, and is capable of providing emergency
and nonemergency transportation.
SECTION 6. Section 773.057, Health and Safety Code, is
amended by adding Subsection (e) to read as follows:
(e) In addition to any other qualifications that an
emergency medical services provider must possess to obtain the type
of license sought, all emergency medical services providers must
possess the qualifications required for a basic emergency medical
services provider under Section 773.042.
SECTION 7. Section 143.005, Local Government Code, is
amended to read as follows:
Sec. 143.005. STATUS OF EMPLOYEES IF CHAPTER ADOPTED. (a)
Each fire fighter or police officer serving in a municipality that
adopts this chapter and who has been in the service of the
municipality for more than six months at the time this chapter is
adopted and who is entitled to civil service classification has the
status of a civil service employee and is not required to take a
competitive examination to remain in the position the person
occupies at the time of the adoption.
(b) In a municipality that adopts this chapter, an employee
of the fire department whose primary duties are to provide
emergency medical services for the municipality is considered to be
a fire fighter who is a member of the fire department performing
fire medical emergency technology, entitled to civil service
protection, and covered by this chapter.
SECTION 8. The change in law made by this Act to Chapters
104 and 191, Health and Safety Code, applies only to the furnishing
of data under Chapters 104 and 191, Health and Safety Code, or a
rule adopted under those chapters that is originally required to be
furnished on or after the effective date of this Act. The
furnishing of data originally required to be furnished before the
effective date of this Act is governed by the law as it existed
immediately before that date, and that law is continued in effect
for that purpose.
SECTION 9. The Department of State Health Services shall
consult with a group of affected persons and entities to define
rural and urban areas for purposes of Sections 104.044 and 191.008,
Health and Safety Code, as added by this Act, including:
(1) individuals with expertise in rural health
services research, epidemiology, rural public health services
delivery, demography, health planning, and large data sets; and
(2) representatives from universities, the Department
of State Health Services, the Office of Rural Community Affairs,
area health education centers, and local and county health
departments.
SECTION 10. (a) A person or vehicle that becomes subject to
Chapter 773, Health and Safety Code, and rules adopted under that
law as a result of the changes in law made by this Act is not
required to comply with Chapter 773 and applicable rules before
January 1, 2006.
(b) A person who is a licensed emergency medical services
provider immediately before the effective date of this Act must
meet the requirements of Section 773.042, Health and Safety Code,
as amended by this Act, on renewing the license.
SECTION 11. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1126 was passed by the House on April
18, 2005, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 1126 on May 27, 2005, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 1126 on May 29, 2005, by a
non-record vote; and that the House adopted H.C.R. No. 239
authorizing certain corrections in H.B. No. 1126 on May 30, 2005, by
a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1126 was passed by the Senate, with
amendments, on May 25, 2005, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
1126 on May 29, 2005, by the following vote: Yeas 31, Nays 0; and
that the Senate adopted H.C.R. No. 239 authorizing certain
corrections in H.B. No. 1126 on May 30, 2005, by a viva-voce vote.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor