Bill Text: FL S0488 | 2018 | Regular Session | Comm Sub
Bill Title: Emergency Medical Services
Spectrum: Bipartisan Bill
Status: (Failed) 2018-03-10 - Died in Community Affairs [S0488 Detail]
Download: Florida-2018-S0488-Comm_Sub.html
Florida Senate - 2018 CS for SB 488 By the Committee on Health Policy; and Senator Grimsley 588-01808-18 2018488c1 1 A bill to be entitled 2 An act relating to emergency medical services; 3 amending s. 401.23, F.S.; defining the term “advanced 4 life support nontransport services”; amending s. 5 401.25, F.S.; exempting certain governmental entities 6 from the requirement to obtain a certificate of public 7 convenience and necessity to provide certain emergency 8 services under specified conditions; providing 9 applicability; requiring that such governmental 10 entities provide certain notice to counties and 11 municipalities in their proposed service areas; 12 requiring the Department of Health to issue a license 13 to an exempt entity under certain circumstances; 14 amending ss. 14.33, 125.01045, 166.0446, 252.515, 15 395.1027, 401.245, and 401.27, F.S.; conforming cross 16 references; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Present subsections (2) through (21) of section 21 401.23, Florida Statutes, are redesignated as subsections (3) 22 through (22), respectively, and a new subsection (2) is added to 23 that section, present subsection (19) of that section is 24 amended, and subsection (1) of that section is republished, to 25 read: 26 401.23 Definitions.—As used in this part, the term: 27 (1) “Advanced life support” means assessment or treatment 28 by a person qualified under this part through the use of 29 techniques such as endotracheal intubation, the administration 30 of drugs or intravenous fluids, telemetry, cardiac monitoring, 31 cardiac defibrillation, and other techniques described in the 32 EMT-Paramedic National Standard Curriculum or the National EMS 33 Education Standards, pursuant to rules of the department. 34 (2) “Advanced life support nontransport services” means the 35 provision of services defined in subsection (1) in an emergency 36 by a licensee until the arrival of an air ambulance or an 37 ambulance provided by another entity which is used for, or 38 intended to be used for, land, air, or water transportation of 39 sick or injured persons requiring or likely to require medical 40 attention during transport. For the purpose of this subsection, 41 “emergency” means a situation in which a person has a medical 42 condition that manifests itself by acute symptoms of such 43 severity, including severe pain, that the absence of immediate 44 medical attention could reasonably be expected to jeopardize the 45 person’s health or result in serious impairment to bodily 46 functions or serious dysfunction of any bodily organ or part. 47 The term “emergency” includes a response to a 911 call. 48 (20)(19)“Physician” means a practitioner who is licensed 49 underthe provisions ofchapter 458 or chapter 459. For the 50 purpose of providing medical direction“medical direction” as51defined insubsection (14)for the treatment of patients 52 immediately prior to or during transportation to a United States 53 Department of Veterans Affairs medical facility, the term 54“physician”also means a practitioner employed by the United 55 States Department of Veterans Affairs. 56 Section 2. Paragraph (d) of subsection (2) of section 57 401.25, Florida Statutes, is amended, and subsection (8) is 58 added to that section, to read: 59 401.25 Licensure as a basic life support or an advanced 60 life support service.— 61 (2) The department shall issue a license for operation to 62 any applicant who complies with the following requirements: 63 (d) The applicant has obtained a certificate of public 64 convenience and necessity from each county in which the 65 applicant will operate. However, notwithstanding, any general 66 law, special act, or ordinance of a local government to the 67 contrary, except as provided in subparagraph 4., a governmental 68 entity that maintains fire rescue infrastructure and provides 69 first responders as defined in s. 112.1815 is not required to 70 obtain a certificate of public convenience and necessity or any 71 other authorization from a county to provide advanced life 72 support nontransport services if the governmental entity meets 73 the requirements of this chapter and applicable department rules 74 and uses a countywide common medical protocol, if such a 75 protocol is instituted. 76 1. In issuing the certificate of public convenience and 77 necessity, the governing body of each county shall consider the 78 recommendations of municipalities within its jurisdiction. 79 2. If a countywide common medical protocol restricts or 80 limits the ability of a governmental entity to provide advanced 81 life support nontransport services without a certificate of 82 public convenience and necessity, the governmental entity must 83 meet only the requirements of this chapter and applicable 84 department rules to obtain its license. 85 3. A governmental entity that intends to provide advanced 86 life support nontransport services without a certificate of 87 public convenience and necessity must notify the county and 88 municipalities in its proposed service area of its submission of 89 an application to the state. 90 4. The exception to the certificate of public convenience 91 and necessity requirement in this paragraph does not apply to a 92 county in which there is a countywide emergency medical services 93 authority created by special act or a governmental entity that 94 contracts with a private entity to provide fire rescue services. 95 (8) If a license is issued without a certificate of public 96 convenience and necessity, as authorized in paragraph (2)(d), 97 the department must issue such license so that the licensee may 98 provide only advanced life support nontransport services. 99 Vehicle permits issued to such a licensee pursuant to section 100 401.26 must be for nontransport only. 101 Section 3. Subsection (1) of section 14.33, Florida 102 Statutes, is amended to read: 103 14.33 Medal of Heroism.— 104 (1) The Governor may award a Medal of Heroism of 105 appropriate design, with ribbons and appurtenances, to a law 106 enforcement, correctional, or correctional probation officer, as 107 defined in s. 943.10(14); a firefighter, as defined in s. 108 112.191(1)(b); or an emergency medical technician, as defined in109s.401.23(11);or a paramedic, as defined in s. 401.23s.110401.23(17). A recipient must have distinguished himself or 111 herself conspicuously by gallantry and intrepidity, must have 112 risked his or her life deliberately above and beyond the call of 113 duty while performing duty in his or her respective position, 114 and must have engaged in hazardous or perilous activities to 115 preserve lives with the knowledge that such activities might 116 result in great personal harm. 117 Section 4. Subsection (1) of section 125.01045, Florida 118 Statutes, is amended to read: 119 125.01045 Prohibition of fees for first responder 120 services.— 121 (1) A county may not impose a fee or seek reimbursement for 122 any costs or expenses that may be incurred for services provided 123 by a first responder, including costs or expenses related to 124 personnel, supplies, motor vehicles, or equipment in response to 125 a motor vehicle accident, except for costs to contain or clean 126 up hazardous materials in quantities reportable to the Florida 127 State Warning Point at the Division of Emergency Management, and 128 costs for transportation and treatment provided by ambulance 129 services as defined inlicensed pursuant tos. 401.23(5) and (6) 130401.23(4) and (5). 131 Section 5. Subsection (1) of section 166.0446, Florida 132 Statutes, is amended to read: 133 166.0446 Prohibition of fees for first responder services.— 134 (1) A municipality may not impose a fee or seek 135 reimbursement for any costs or expenses that may be incurred for 136 services provided by a first responder, including costs or 137 expenses related to personnel, supplies, motor vehicles, or 138 equipment in response to a motor vehicle accident, except for 139 costs to contain or clean up hazardous materials in quantities 140 reportable to the Florida State Warning Point at the Division of 141 Emergency Management, and costs for transportation and treatment 142 provided by ambulance services as defined inlicensed pursuant143tos. 401.23(5) and (6)401.23(4) and (5). 144 Section 6. Paragraph (a) of subsection (3) of section 145 252.515, Florida Statutes, is amended to read: 146 252.515 Postdisaster Relief Assistance Act; immunity from 147 civil liability.— 148 (3) As used in this section, the term: 149 (a) “Emergency first responder” means: 150 1. A physician licensed under chapter 458. 151 2. An osteopathic physician licensed under chapter 459. 152 3. A chiropractic physician licensed under chapter 460. 153 4. A podiatric physician licensed under chapter 461. 154 5. A dentist licensed under chapter 466. 155 6. An advanced registered nurse practitioner certified 156 under s. 464.012. 157 7. A physician assistant licensed under s. 458.347 or s. 158 459.022. 159 8. A worker employed by a public or private hospital in the 160 state. 161 9. A paramedic as defined in s. 401.23s.401.23(17). 162 10. An emergency medical technician as defined in s. 401.23 163s.401.23(11). 164 11. A firefighter as defined in s. 633.102. 165 12. A law enforcement officer as defined in s. 943.10. 166 13. A member of the Florida National Guard. 167 14. Any other personnel designated as emergency personnel 168 by the Governor pursuant to a declared emergency. 169 Section 7. Subsection (5) of section 395.1027, Florida 170 Statutes, is amended to read: 171 395.1027 Regional poison control centers.— 172 (5) By October 1, 1999, each regional poison control center 173 shall develop a prehospital emergency dispatch protocol with 174 each licensee, as defined in s. 401.23,bys.401.23(13)in the 175 geographic area covered by the regional poison control center. 176 The prehospital emergency dispatch protocol shall be developed 177 by each licensee’s medical director in conjunction with the 178 designated regional poison control center responsible for the 179 geographic area in which the licensee operates. The protocol 180 shall define toxic substances and describe the procedure by 181 which the designated regional poison control center may be 182 consulted by the licensee. If a call is transferred to the 183 designated regional poison control center in accordance with the 184 protocol established under this section and s. 401.268, the 185 designated regional poison control center shall assume 186 responsibility and liability for the call. 187 Section 8. Paragraph (b) of subsection (2) of section 188 401.245, Florida Statutes, is amended to read: 189 401.245 Emergency Medical Services Advisory Council.— 190 (2) 191 (b) Representation on the Emergency Medical Services 192 Advisory Council shall include: two licensed physicians who are 193 “medical directors” as defined in s. 401.23s. 401.23(15)or 194 whose medical practice is closely related to emergency medical 195 services; two emergency medical service administrators, one of 196 whom is employed by a fire service; two certified paramedics, 197 one of whom is employed by a fire service; two certified 198 emergency medical technicians, one of whom is employed by a fire 199 service; one emergency medical services educator; one emergency 200 nurse; one hospital administrator; one representative of air 201 ambulance services; one representative of a commercial ambulance 202 operator; and two laypersons who are in no way connected with 203 emergency medical services, one of whom is a representative of 204 the elderly. Ex officio members of the advisory council from 205 state agencies shall include, but shall not be limited to, 206 representatives from the Department of Education, the Department 207 of Management Services, the State Fire Marshal, the Department 208 of Highway Safety and Motor Vehicles, the Department of 209 Transportation, and the Division of Emergency Management. 210 Section 9. Paragraph (a) of subsection (2) of section 211 401.27, Florida Statutes, is amended to read: 212 401.27 Personnel; standards and certification.— 213 (2) The department shall establish by rule educational and 214 training criteria and examinations for the certification and 215 recertification of emergency medical technicians and paramedics. 216 Such rules must require, but need not be limited to: 217 (a) For emergency medical technicians, proficiency in 218 techniques of basic life support as defined in s. 401.23 219identified ins. 401.23(7)and in rules of the department. 220 Section 10. This act shall take effect July 1, 2018.