Bill Text: CA AB2456 | 2009-2010 | Regular Session | Introduced

California Assembly Bill 2456 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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-Introduced.html

BILL NUMBER: AB 2456	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Torrico

                        FEBRUARY 19, 2010

   An act to amend Sections 1797.103, 1797.107, and 1797.200 of the
Health and Safety Code, relating to emergency medical services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2456, as introduced, 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 agency, for the
establishment and administration of an emergency medical services
program in the county. Existing law also establishes the Emergency
Medical Services Authority, which, among other things, adopts
regulations governing the provision of emergency medical services.
Violation of these provisions is a crime.
   This bill would specify that the guidelines of the authority shall
include medical control, require local EMS agencies to adhere to the
guidelines in all areas of administration, and would require the
local EMS agencies to follow the guidelines of the authority when
establishing local policies and procedures required by statute or
regulation. 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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 EMT personnel, the
Emergency Medical Services Authority and the Emergency Medical
Services Commission must provide guidance to the more than 32 local
EMS agencies tasked with implementing policies and procedures in all
areas of 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 EMS
statewide; one standard for all EMS certified and licensed personnel,
regardless of where service is delivered; and that policies are
driven by research and consensus rather than personality of local
administrators and doctors.
   (3) Support the statewide mutual aid process by providing a set
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 establish guidelines for the
coordinated EMS delivery by the many essential EMS stakeholders of
this state.
  SEC. 2.  Section 1797.103 of the Health and Safety Code is amended
to read:
   1797.103.  The authority shall develop planning and implementation
guidelines for emergency medical services systems  which
  . Counties that establish a local EMS program pursuant
to Section 1797.200 shall adhere to the guidelines in all areas of
administration. The authority's EMS guidelines shall  address
 all of  the following components:
   (a) Manpower and training.
   (b) Communications.
   (c) Transportation.
   (d) Assessment of hospitals and critical care centers.
   (e) System organization and management.
   (f) Data collection and evaluation.
   (g) Public information and education.
   (h)  Disaster   Medical disaster 
response. 
   (i) Medical control. 
  SEC. 3.  Section 1797.107 of the Health and Safety Code is amended
to read:
   1797.107.   (a)    The authority shall adopt,
amend, or repeal, after approval by the commission and in accordance
with the provisions of Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, 
such  rules and regulations as may be reasonable and proper
to carry out the purposes and intent of this division and to enable
the authority to exercise the powers and perform the duties conferred
upon it by this division not inconsistent with any  of the
provisions of any  statute of this state. 
   (b) The regulations shall include statewide EMS guidelines for the
coordinated delivery of emergency medical services in this state.

  SEC. 4.  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 follow the guidelines of the authority in establishing its
policies and procedures required by statute or regulation. 
  SEC. 5.  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.