Bill Text: CA AB2456 | 2009-2010 | Regular Session | Enrolled
Bill Title: Emergency medical services: regulation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2010-09-29 - Vetoed by Governor. [AB2456 Detail]
Download: California-2009-AB2456-Enrolled.html
BILL NUMBER: AB 2456 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 25, 2010
PASSED THE ASSEMBLY AUGUST 26, 2010
AMENDED IN SENATE AUGUST 20, 2010
AMENDED IN SENATE AUGUST 4, 2010
AMENDED IN SENATE JULY 15, 2010
AMENDED IN SENATE JUNE 23, 2010
AMENDED IN ASSEMBLY MAY 28, 2010
AMENDED IN ASSEMBLY APRIL 22, 2010
AMENDED IN ASSEMBLY APRIL 5, 2010
INTRODUCED BY Assembly Member Torrico
FEBRUARY 19, 2010
An act to amend Sections 1797.184 and 1797.200 of the Health and
Safety Code, relating to emergency medical services.
LEGISLATIVE COUNSEL'S DIGEST
AB 2456, Torrico. Emergency medical services: regulation.
Existing law, the Emergency Medical Services System and the
Prehospital Emergency Medical Care Personnel Act, authorizes each
county to designate an emergency medical services (EMS) agency, for
the establishment and administration of an emergency medical services
program in the county. Existing law also establishes the Emergency
Medical Services Authority (EMSA), which, among other things, adopts
guidelines and regulations governing the provision of emergency
medical services. Violation of these provisions is a crime.
This bill would specify that the regulations of the authority
shall include policies and procedures applicable to the functions,
certification, and licensure of all emergency medical technician
personnel, as defined, and would require the local EMS agencies to
adhere to these standards. The bill would authorize the authority to
develop and adopt a related fee schedule and fee increases to support
the authority's actual costs to promulgate the additional
regulations. The bill would provide that any policies and procedures
implemented by a local EMS agency that are not in accordance with the
standards required under the bill are subject to review by the
Director of the EMSA, as specified, and that a local EMS agency that
is notified of a policy or procedure that is not in compliance is
required to stop implementation of the policy and procedure or submit
a revised policy or procedure that complies with the regulations
developed by the authority to the director within 90 days of
notification. The bill would allow the authority to assess penalties
on a local EMS agency that fails to respond to a notification of
noncompliance. By requiring that the local entities comply with these
requirements, and by changing the definition of an existing crime,
this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) For the purpose of administering an effective, statewide
system of coordinated emergency medical care and statewide
recognition of certification and licensure for emergency medical
technician (EMT) personnel, the Emergency Medical Services Authority
and the Commission on Emergency Medical Services must provide
guidance to the more than 31 local emergency medical services (EMS)
agencies tasked with implementing policies and procedures in all
areas of prehospital EMS, including, but not limited to, local
accreditation of optional skills, competency tests, training
programs, demonstration of skills competency, and medical control in
order to facilitate this vital coordination and efficiency.
(b) The current statewide EMS guidelines assist in achieving
system standardization, streamlining field operations, and continuing
the authority's commitment to comprehensive planning for EMS
statewide.
(c) The statewide EMS guidelines must be strengthened in order to
do all of the following:
(1) Link the numerous local EMS agencies together into one
coordinated statewide EMS system.
(2) Ensure safety, competence, and consistency to the public
statewide; consistent training, competence, and delivery of
prehospital EMS statewide; a single standard for all EMT certified
and licensed personnel, regardless of where service is delivered; and
that policies are driven by research and consensus.
(3) Support the statewide mutual aid process by providing a
predetermined minimum level of service delivery as defined by the EMS
community.
(d) It is the intent of the Legislature to clarify the law with
respect to the authority's ability to adopt regulations and enforce
statutes and regulations for the coordinated delivery of EMS by the
many essential prehospital EMS stakeholders of this state.
SEC. 2. Section 1797.184 of the Health and Safety Code is amended
to read:
1797.184. The authority, no later than July 1, 2012, shall
develop and, after approval by the commission pursuant to Section
1799.50, adopt all of the following:
(a) Guidelines for disciplinary orders, temporary suspensions, and
conditions of probation for EMT-I and Advanced EMT certificate
holders that protects the public health and safety.
(b) Regulations for the issuance of EMT-I and Advanced EMT
certificates by a certifying entity that protects the public health
and safety.
(c) Regulations for the recertification of EMT-I and Advanced EMT
certificate holders that protect the public health and safety.
(d) Regulations for disciplinary processes for EMT-I and Advanced
EMT applicants and certificate holders that protect the public health
and safety. These disciplinary processes shall be in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code.
(e) (1) Regulations establishing standards for policies and
procedures applicable to the functions, certification, and licensure
of EMT personnel as defined in Sections 1797.80, 1797.82, and
1797.84, that address all of the following components:
(A) Local accreditation.
(B) Competency-based written and skills examinations.
(C) Demonstration of skills competency.
(D) Medical control for the use of the optional skills.
(E) Approval of service providers utilizing approved optional
skills.
(F) Additional training and maintenance of accreditation for
optional skills.
(G) Continued competency in the optional skills, which shall be
monitored through the use of any of various methods, including, but
not limited to, organized field care audits, periodic training
sessions, structured clinical experience, or remediation plans.
(H) Field internships.
(I) Preceptor evaluation criteria for trainees.
(J) Approval and evaluation of advanced EMT service providers.
(2) The authority may develop and, after approval by the
commission pursuant to Section 1799.50, adopt a schedule of fees to
be collected from each certifying entity, and an increase in fees
pursuant to subdivision (d) of Section 1797.172, in amounts
sufficient to support the authority's actual additional costs to
promulgate regulations pursuant to paragraph (1). The fees shall be
imposed proportionally between the certifying entities, and through
EMT-P licensure fees, based on the number of EMT-Is and Advanced EMTs
certified by certifying entities and the number of EMT-Ps licensed
by the authority.
SEC. 3. Section 1797.200 of the Health and Safety Code is amended
to read:
1797.200. (a) Each county may develop an emergency medical
services program. Each county developing such a program shall
designate a local EMS agency which shall be the county health
department, an agency established and operated by the county, an
entity with which the county contracts for the purposes of local
emergency medical services administration, or a joint powers agency
created for the administration of emergency medical services by
agreement between counties or cities and counties pursuant to the
provisions of Chapter 5 (commencing with Section 6500) of Division 7
of Title 1 of the Government Code.
(b) A local EMS agency designated pursuant to subdivision (a)
shall adhere to the regulations adopted by the authority pursuant to
this division in establishing its policies and procedures required by
statute or regulation.
(c) Any policies and procedures adopted or approved by a local EMS
agency designated pursuant to subdivision (a) to implement
regulations adopted by the authority shall be subject to review by
the Director of the Emergency Medical Services Authority at the
discretion of the director or upon notification by a relevant
employer or a local EMS agency. Approval of policies and procedures
by the director pursuant to this subdivision shall only be granted if
the policies and procedures implemented by the local EMS agency
further the purposes of this division and are in accordance with the
regulations developed by the authority.
(d) A local EMS agency that is notified by the authority that a
policy or procedure is not in compliance with the regulations
developed by the authority shall stop implementing that policy or
procedure or shall submit a revised policy or procedure that complies
with the regulations developed by the authority to the director
within 90 days of notification.
(e) The authority may assess penalties on a local EMS agency that
fails to respond to a notification as required pursuant to
subdivision (d).
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
