Bill Text: TX SB1899 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: Relating to the regulation of emergency medical services.

Spectrum: Bipartisan Bill

Status: (Passed) 2015-06-19 - Effective immediately [SB1899 Detail]

Download: Texas-2015-SB1899-Enrolled.html

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S.B. No. 1899

AN ACT
relating to the regulation of emergency medical services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 773, Health and Safety
Code, is amended by adding Section 773.0496 to read as follows:
Sec. 773.0496. SCOPE OF EMERGENCY MEDICAL
TECHNICIAN-PARAMEDIC AND LICENSED PARAMEDIC DUTIES. (a) In this
section:
(1) "Advanced life support" means health care provided
to sustain life in an emergency, life-threatening situation. The
term includes the initiation of intravenous therapy, endotracheal
or esophageal intubation, electrical cardiac defibrillation or
cardioversion, and drug therapy procedures.
(2) "Direct supervision" means supervision of an
emergency medical technician-paramedic or licensed paramedic by a
licensed physician who is present in the same area or an area
adjacent to the area where an emergency medical
technician-paramedic or licensed paramedic performs a procedure
and who is immediately available to provide assistance and
direction during the performance of the procedure.
(b) Notwithstanding other law, a person who is certified
under this chapter as an emergency medical technician-paramedic or
a licensed paramedic, is acting under the delegation and direct
supervision of a licensed physician, and is authorized to provide
advanced life support by a health care facility may in accordance
with department rules provide advanced life support in the
facility's emergency or urgent care clinical setting, including a
hospital emergency room and a freestanding emergency medical care
facility.
SECTION 2. Section 773.050, Health and Safety Code, is
amended by adding Subsection (i) to read as follows:
(i) The department may develop and administer at least twice
each calendar year a jurisprudence examination to determine the
knowledge that an applicant for an emergency medical services
provider license or emergency medical services personnel
certification has of this chapter, department rules, and any other
applicable laws affecting the applicant's activities regulated
under this chapter. Department rules must specify who must take the
examination on behalf of an entity applying for an emergency
medical services provider license.
SECTION 3. Section 773.0571, Health and Safety Code, as
amended by Chapters 1089 (H.B. 3556) and 1311 (S.B. 8), Acts of the
83rd Legislature, Regular Session, 2013, is reenacted and amended
to read as follows:
Sec. 773.0571. REQUIREMENTS FOR PROVIDER LICENSE. The
department shall issue to an emergency medical services provider
applicant a license that is valid for two years if the department is
satisfied that:
(1) the applicant has adequate staff to meet the
staffing standards prescribed by this chapter and the rules adopted
under this chapter;
(2) each emergency medical services vehicle is
adequately constructed, equipped, maintained, and operated to
render basic or advanced life support services safely and
efficiently;
(3) the applicant offers safe and efficient services
for emergency prehospital care and transportation of patients;
(4) the applicant:
(A) possesses sufficient professional experience
and qualifications to provide emergency medical services; and
(B) has not been excluded from participation in
the state Medicaid program;
(5) the applicant holds a letter of approval issued
under Section 773.0573 by the governing body of the municipality or
the commissioners court of the county in which the applicant is
located and is applying to provide emergency medical services, as
applicable; [and]
(6) the applicant employs a medical director; [and]
(7) the applicant operates out of a physical location
in compliance with Section 773.05715;
(8) the applicant owns or has a long-term lease
agreement for all equipment necessary for safe operation of an
emergency medical services provider, as provided by Section
773.05716; and
(9) [(6)] the applicant complies with the rules
adopted under this chapter.
SECTION 4. Section 773.05713, Health and Safety Code, is
amended to read as follows:
Sec. 773.05713. REPORT TO LEGISLATURE. Not later than
December 1 of each even-numbered year, the department shall
electronically submit a report to the lieutenant governor, the
speaker of the house of representatives, and the standing
committees of the house and senate with jurisdiction over the
department on the effect of Sections 773.05711 and 773.05712 that
includes:
(1) the total number of applications for emergency
medical services provider licenses submitted to the department and
the number of applications for which licenses were issued or
licenses were denied by the department;
(2) the number of emergency medical services provider
licenses that were suspended or revoked by the department for
violations of those sections and a description of the types of
violations that led to the license suspension or revocation;
(3) the number of occurrences and types of fraud
committed by licensed emergency medical services providers related
to those sections;
(4) the number of complaints made against licensed
emergency medical services providers for violations of those
sections and a description of the types of complaints, reported in
the manner required by Section 773.0605(d); and
(5) the status of any coordination efforts of the
department and the Texas Medical Board related to those sections.
SECTION 5. Subchapter C, Chapter 773, Health and Safety
Code, is amended by adding Sections 773.05715 and 773.05716 to read
as follows:
Sec. 773.05715. PHYSICAL LOCATION REQUIRED. (a) An
emergency medical services provider must have a permanent physical
location as the provider's primary place of business. An applicant
for an emergency medical services provider license must demonstrate
proof of the location of the primary place of business in the manner
required by the department.
(b) The physical location may be owned or leased by the
emergency medical services provider.
(c) The emergency medical services provider must remain in
the same physical location for the period of licensure, unless the
department approves a change in location.
(d) The emergency medical services provider must maintain
all patient care records in the physical location that is the
provider's primary place of business, unless the department
approves an alternate location.
(e) Only one emergency medical services provider may
operate out of a single physical location.
Sec. 773.05716. NECESSARY EQUIPMENT. (a) An emergency
medical services provider must own or hold a long-term lease for all
equipment necessary for the safe operation of an emergency medical
services provider, including emergency medical services vehicles,
heart rate monitors, defibrillators, stretchers, and any other
equipment the department determines is required.
(b) An applicant for an emergency medical services provider
license must demonstrate proof of compliance with this section in
the manner required by the department.
SECTION 6. Subchapter C, Chapter 773, Health and Safety
Code, is amended by adding Section 773.0605 to read as follows:
Sec. 773.0605. COMPLAINTS AND INVESTIGATIONS. (a) The
department shall track and keep records of:
(1) each complaint received by the department
regarding emergency medical services providers and emergency
medical services personnel;
(2) each investigation initiated by the department
under this chapter; and
(3) each disciplinary action initiated by the
department under this chapter.
(b) The department shall develop a formal process to refer
complaints outside the department's jurisdiction to the
appropriate agency for disposition.
(c) The department shall track the types of complaints
received outside the department's jurisdiction. The department
shall separately track complaints outside the department's
jurisdiction relating to potential billing fraud and make
information relating to those complaints available to the
appropriate state agency.
(d) The department shall annually report statistical
information regarding each complaint received, and each
investigation or disciplinary action initiated, under this
chapter. The report must include:
(1) the reason and basis for each complaint;
(2) the origin of each investigation, including
whether the investigation:
(A) resulted from a complaint brought by a
consumer;
(B) resulted from a complaint brought by another
source; or
(C) was initiated by the department in the
absence of a complaint;
(3) the average time to resolve each complaint from
the date the complaint is received;
(4) the disposition of each investigation, including:
(A) the number of investigations commenced in
which no disciplinary action was taken, and the reasons no
disciplinary action was taken;
(B) the number of investigations resulting in
disciplinary action, and the disciplinary actions taken; and
(C) the number of complaints referred to another
agency for disposition; and
(5) the number, type, and age of each open
investigation at the end of each fiscal year.
(e) The department shall make the report required by
Subsection (d) available to the public through publication on the
department's website and on request.
(f) The department may not include in the report required by
Subsection (d) any information, including personal information,
that could be used to identify an individual involved in or the
location of a complaint that has been dismissed or has not reached a
final determination.
SECTION 7. Section 773.0611, Health and Safety Code, is
amended by adding Subsection (d) to read as follows:
(d) The department may use an inspection performed by an
entity to which the department has delegated inspection authority
as a basis for a disciplinary action under Section 773.061.
SECTION 8. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt any rules necessary to implement
Section 773.0496, Health and Safety Code, as added by this Act.
SECTION 9. (a) The changes in law made by Sections
773.05715 and 773.05716, Health and Safety Code, as added by this
Act, apply only to a person that applies for a license or renews a
license as an emergency medical services provider on or after
September 1, 2015.
(b) The Department of State Health Services shall develop
the formal process required by Section 773.0605(b), Health and
Safety Code, as added by this Act, as soon as practicable after the
effective date of this Act.
(c) The Department of State Health Services may use an
inspection performed by an entity to which the department has
delegated inspection authority as a basis for a disciplinary
action, as provided by Section 773.0611(d), Health and Safety Code,
as added by this Act, regardless of whether the inspection was
performed before, on, or after the effective date of this Act.
SECTION 10. 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, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1899 passed the Senate on
May 12, 2015, by the following vote: Yeas 30, Nays 0; and that the
Senate concurred in House amendment on May 28, 2015, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1899 passed the House, with
amendment, on May 24, 2015, by the following vote: Yeas 142,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor