(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.     
     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