The Texas State Board of Medical Examiners adopts the repeal of §§197.2-197.5 and new §§197.2-197.5, concerning Emergency Medical Service, without changes to the proposed text as published in the November 13, 1998, issue of the Texas Register (23 TexReg 11545) and will not be republished.

The repeal and replacement of these sections will update the rules to current practice standards.

Elsewhere in this issue of the Texas Register , the Texas State Board of Medical Examiners adopts the review of Chapter 197, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, Section 167.

One comment was received from Questcare , Plano, Texas. The organization commented that the §197.2(2) definition of basic life support should be changed from "may be" under the medical direction and/or supervision and control of a licensed physician to "should be." The rationale was that all emergency medical service (EMS) activities including basic life support should be provided under the auspices of a designated physician.

The following are the reasons why the Board disagrees with the submissions and proposals set forth above: It is not the intent of the Board to make the Board EMS rules more onerous that the Texas Department of Health rules and it is the opinion of the Board that this change would make the Board requirements more onerous.

Questcare also recommended that §197.2(10) be changed to "EMS personnel" and that all references to "prehospital" be changed to "EMS."

The Board declines to accept this recommendation because it would make the Board requirements more restrictive than the Texas Department of Health rules.

Finally, the group commented that a mechanism should be added to the rules for placing EMS personnel on probation or suspension from medical care.

The board disagrees with this submission and feels that §197.3(9) and §197.3(10) are sufficient to take action against EMS personnel in conjunction with local EMS administration including suspension from medical care duties.

22 TAC §§197.2-1975.

The repeals are adopted under the Medical Practice Act, Texas Civil Statutes, Article 4495b, §2.09(a), which provides the Texas State Board of Medical Examiners with the authority to make rules, regulations and bylaws not inconsistent with this Act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement of this Act.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 8, 1999.

TRD-9900801

Bruce A. Levy, M.D., J.D.

Executive Director

Texas State Board of Medical Examiners

Effective date: February 28, 1999

Proposal publication date: November 13, 1998

For further information, please call: (512) 305-7016

The new sections are adopted under the Medical Practice Act, Texas Civil Statutes, Article 4495b, §2.09(a), which provides the Texas State Board of Medical Examiners with the authority to make rules, regulations and bylaws not inconsistent with this Act as may be necessary for the governing of its own proceedings, the performance of its duties, the regulation of the practice of medicine in this state, and the enforcement of this Act.