(a) The purpose of this chapter is to facilitate the
most appropriate utilization of the skills of physicians who delegate
health care tasks to qualified emergency medical services (EMS) personnel.
Such delegation shall be consistent with the patient's health and
welfare and shall be undertaken pursuant to supervisory guidelines,
which take into account the skill, training, and experience of both
physicians and EMS personnel.
(b) This chapter is not intended and shall not be construed
so as to restrict a physician from delegating administrative and technical
or clinical tasks not involving the exercise of independent medical
judgment to those specially trained individuals instructed and directed
by a licensed physician who accepts responsibility for the acts of
such allied health personnel. Likewise, nothing in this chapter shall
be construed to prohibit a physician from instructing a technician,
assistant, or other employee, who is not among the classes of EMS
personnel, as defined under this chapter, to perform delegated tasks
so long as the physician retains supervision and control of the technician,
assistant, or employee.
(c) Nothing in this chapter shall be construed to relieve
the supervising physician of the professional or legal responsibility
for the care and treatment of his or her patients. A physician who,
after agreeing to supervise EMS personnel, fails to do so adequately
and properly, may be subject to disciplinary action pursuant to the
Medical Practice Act.
(d) Sections 197.2 - 197.6 of this chapter address:
(1) the qualifications, responsibilities, and authority
of physicians who provide medical direction and/or supervision of
prehospital care by EMS personnel;
(2) the qualifications, authority, and responsibilities
of physicians who serve as medical directors (off-line);
(3) the relationship of EMS providers to the off-line
medical director;
(4) components of on-line medical direction (direct
medical control), including the qualifications and responsibilities
of physicians who provide on-line medical direction and the relationship
of prehospital providers to those physicians; and
(5) the responsibility of EMS personnel to private
and intervenor physicians.
(e) Implementation of §§197.2 - 197.6 of
this chapter will enhance the ability of EMS systems to assure adequate
medical direction of all advanced prehospital providers and many basic
level providers, as well as compliance by personnel and facilities
with minimum criteria to implement medical direction of prehospital
services. A medical director shall not be held responsible for noncompliance
with this chapter if the EMS administration fails to provide the necessary
administrative support to permit compliance with the provisions of
this chapter.
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Source Note: The provisions of this §197.1 adopted to be effective January 2, 1991, 15 TexReg 7368; amended to be effective September 20, 2007, 32 TexReg 6316; amended to be effective April 3, 2016, 41 TexReg 2315 |