Bill Text: FL S1182 | 2019 | Regular Session | Introduced

Bill Title: Emergency Medical Services

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-05-03 - Died in Health Policy [S1182 Detail]

Download: Florida-2019-S1182-Introduced.html
       Florida Senate - 2019                                    SB 1182
       By Senator Rouson
       19-01281-19                                           20191182__
    1                        A bill to be entitled                      
    2         An act relating to emergency medical services;
    3         amending s. 401.23, F.S.; revising and providing
    4         definitions; amending s. 401.272, F.S.; authorizing a
    5         paramedic or emergency medical technician to provide
    6         other treatment and transport options; revising a
    7         definition; amending s. 401.35, F.S.; revising
    8         requirements for rules adopted by the Department of
    9         Health governing minimum standards for emergency
   10         medical services vehicle equipment and supplies and
   11         ambulance or vehicle design and construction;
   12         requiring the department to adopt rules governing the
   13         use of telemedicine by certain licensees; amending s.
   14         401.445, F.S.; providing immunity from liability for
   15         certain medical and law enforcement personnel
   16         providing emergency examination and treatment of
   17         incapacitated persons in certain circumstances;
   18         amending s. 893.05, F.S.; authorizing a certified
   19         paramedic to administer a controlled substance only
   20         under the supervision of certain health care
   21         practitioners; amending ss. 14.33, 252.515, 395.1027,
   22         and 401.245, F.S.; conforming cross-references;
   23         providing an effective date.
   25  Be It Enacted by the Legislature of the State of Florida:
   27         Section 1. Present subsections (11) through (21) of section
   28  401.23, Florida Statutes, are renumbered as subsections (12)
   29  through (22), respectively, present subsections (1), (7), and
   30  (19) are amended, and new subsections (11) and (23) are added to
   31  that section, to read:
   32         401.23 Definitions.—As used in this part, the term:
   33         (1) “Advanced life support” means assessment or treatment
   34  by a person qualified under this part through the use of
   35  techniques such as endotracheal intubation, the administration
   36  of drugs or intravenous fluids, telemetry, cardiac monitoring,
   37  cardiac defibrillation, and other techniques described in the
   38  EMT-Paramedic National Standard Curriculum or the National EMS
   39  Education Standards of the United States Department of
   40  Transportation for the paramedic level or other techniques
   41  approved by the medical director, pursuant to rules of the
   42  department rule.
   43         (7) “Basic life support” means the assessment or treatment
   44  by a person qualified under this part through the use of
   45  techniques described in the EMT-Basic National Standard
   46  Curriculum or the National EMS Education Standards of the United
   47  States Department of Transportation and approved by the
   48  department or other techniques approved by the medical director.
   49  The term includes the administration of oxygen and other
   50  techniques that have been approved and are performed under
   51  conditions specified by rules of the department rule.
   52         (11)“Emergency” means a situation in which a person has a
   53  medical condition manifesting itself by acute symptoms of
   54  sufficient severity, which may include severe pain, such that
   55  the absence of immediate medical attention could reasonably be
   56  expected to jeopardize the person’s health or result in serious
   57  impairment to bodily functions or serious dysfunction of any
   58  bodily organ or part.
   59         (20)(19) “Physician” means a practitioner who is licensed
   60  under the provisions of chapter 458 or chapter 459. For the
   61  purpose of providing medical direction as defined in
   62  subsection (15) (14) for the treatment of patients immediately
   63  prior to or during transportation to a United States Department
   64  of Veterans Affairs medical facility, the term “physician” also
   65  means a practitioner employed by the United States Department of
   66  Veterans Affairs.
   67         (23)“Urgent” means a situation identified as such by
   68  medical direction which requires prompt care but does not
   69  require immediate action or transport to an emergency department
   70  and is documented in the licensee’s protocols, standing orders,
   71  or medical guidelines.
   72         Section 2. Subsections (1) and (2) of section 401.272,
   73  Florida Statutes, are amended to read:
   74         401.272 Emergency medical services community health care.—
   75         (1) The purpose of this section is to decrease
   76  inappropriate use of emergency department services and encourage
   77  more effective use utilization of the skills of emergency
   78  medical technicians and paramedics by enabling them to perform,
   79  in partnership with local county health departments, specific
   80  additional health care tasks that are consistent with the public
   81  health and welfare.
   82         (2) Notwithstanding any other provision of law to the
   83  contrary:
   84         (a) Paramedics or emergency medical technicians may provide
   85  perform health promotion and wellness activities, and blood
   86  pressure screenings, and other treatment and transport options
   87  in a nonemergency environment, within the scope of their
   88  training, and under the direction of a medical director. As used
   89  in this paragraph, the term “health promotion and wellness”
   90  means the provision of public health programs pertaining to the
   91  prevention or reduction of illness and injury.
   92         (b) Paramedics may administer immunizations in a
   93  nonemergency environment, within the scope of their training,
   94  and under the direction of a medical director. There must be a
   95  written agreement between the paramedic’s medical director and
   96  the county health department located in each county in which the
   97  paramedic administers immunizations. This agreement must
   98  establish the protocols, policies, and procedures under which
   99  the paramedic must operate.
  100         Section 3. Paragraphs (c), (d), and (k) of subsection (1)
  101  of section 401.35, Florida Statutes, are amended to read:
  102         401.35 Rules.—The department shall adopt rules, including
  103  definitions of terms, necessary to carry out the purposes of
  104  this part.
  105         (1) The rules must provide at least minimum standards
  106  governing:
  107         (c) Ground Ambulance and emergency medical services vehicle
  108  equipment and supplies required by the medical director of the
  109  licensee to provide basic and advanced life support services at
  110  least as comprehensive as those published in the most current
  111  edition of the American College of Surgeons, Committee on
  112  Trauma, list of essential equipment for ambulances, as
  113  interpreted by rules of the department.
  114         (d) Ground Ambulance and emergency medical services or
  115  vehicle design and construction based on national standards in
  116  effect on the date the rule is adopted and at least equal to
  117  those most currently recommended by the United States General
  118  Services Administration as interpreted by rules of the
  119  department rule.
  120         (k) Optional use of telemetry and telemedicine by
  121  licensees.
  122         Section 4. Subsection (1) of section 401.445, Florida
  123  Statutes, is amended to read:
  124         401.445 Emergency examination and treatment of
  125  incapacitated persons.—
  126         (1) No recovery is shall be allowed in any court in this
  127  state against any emergency medical technician, paramedic, or
  128  physician as defined in this chapter, any advanced practice
  129  registered nurse licensed under s. 464.012, or any physician
  130  assistant licensed under s. 458.347 or s. 459.022, or any law
  131  enforcement personnel person acting at the request of or under
  132  the direct medical supervision of any a physician, emergency
  133  medical technician, paramedic, advanced registered nurse
  134  practitioner, or physician assistant, in any an action brought
  135  for examining or treating a patient without his or her informed
  136  consent if:
  137         (a) The patient at the time of examination or treatment is
  138  intoxicated, under the influence of drugs, or otherwise
  139  incapable of providing informed consent as provided in s.
  140  766.103;
  141         (b) The patient at the time of examination or treatment is
  142  experiencing an emergency medical condition; and
  143         (c) The patient would reasonably, under all the surrounding
  144  circumstances, undergo such examination, treatment, or procedure
  145  if he or she were advised by the emergency medical technician,
  146  paramedic, physician, advanced practice registered nurse, or
  147  physician assistant in accordance with s. 766.103(3).
  149  Examination and treatment provided under this subsection shall
  150  be limited to reasonable examination of the patient to determine
  151  the medical condition of the patient and treatment reasonably
  152  necessary to alleviate the emergency medical condition or to
  153  stabilize the patient.
  154         Section 5. Paragraph (a) of subsection (1) of section
  155  893.05, Florida Statutes, is amended to read:
  156         893.05 Practitioners and persons administering controlled
  157  substances in their absence.—
  158         (1)(a) A practitioner, in good faith and in the course of
  159  his or her professional practice only, may prescribe,
  160  administer, dispense, mix, or otherwise prepare a controlled
  161  substance, or the practitioner may cause the controlled
  162  substance to be administered by a licensed nurse, a certified
  163  paramedic, or an intern practitioner under his or her direction
  164  and supervision only.
  165         Section 6. Subsection (1) of section 14.33, Florida
  166  Statutes, is amended to read:
  167         14.33 Medal of Heroism.—
  168         (1) The Governor may award a Medal of Heroism of
  169  appropriate design, with ribbons and appurtenances, to a law
  170  enforcement, correctional, or correctional probation officer, as
  171  defined in s. 943.10(14); a firefighter, as defined in s.
  172  112.191(1)(b); an emergency medical technician, as defined in s.
  173  401.23 s. 401.23(11); or a paramedic, as defined in s. 401.23 s.
  174  401.23(17). A recipient must have distinguished himself or
  175  herself conspicuously by gallantry and intrepidity, must have
  176  risked his or her life deliberately above and beyond the call of
  177  duty while performing duty in his or her respective position,
  178  and must have engaged in hazardous or perilous activities to
  179  preserve lives with the knowledge that such activities might
  180  result in great personal harm.
  181         Section 7. Paragraph (a) of subsection (3) of section
  182  252.515, Florida Statutes, is amended to read:
  183         252.515 Postdisaster Relief Assistance Act; immunity from
  184  civil liability.—
  185         (3) As used in this section, the term:
  186         (a) “Emergency first responder” means:
  187         1. A physician licensed under chapter 458.
  188         2. An osteopathic physician licensed under chapter 459.
  189         3. A chiropractic physician licensed under chapter 460.
  190         4. A podiatric physician licensed under chapter 461.
  191         5. A dentist licensed under chapter 466.
  192         6. An advanced practice registered nurse licensed under s.
  193  464.012.
  194         7. A physician assistant licensed under s. 458.347 or s.
  195  459.022.
  196         8. A worker employed by a public or private hospital in the
  197  state.
  198         9. A paramedic as defined in s. 401.23 s. 401.23(17).
  199         10. An emergency medical technician as defined in s. 401.23
  200  s. 401.23(11).
  201         11. A firefighter as defined in s. 633.102.
  202         12. A law enforcement officer as defined in s. 943.10.
  203         13. A member of the Florida National Guard.
  204         14. Any other personnel designated as emergency personnel
  205  by the Governor pursuant to a declared emergency.
  206         Section 8. Subsection (5) of section 395.1027, Florida
  207  Statutes, is amended to read:
  208         395.1027 Regional poison control centers.—
  209         (5) By October 1, 1999, each regional poison control center
  210  shall develop a prehospital emergency dispatch protocol with
  211  each licensee as defined in s. 401.23 by s. 401.23(13) in the
  212  geographic area covered by the regional poison control center.
  213  The prehospital emergency dispatch protocol shall be developed
  214  by each licensee’s medical director in conjunction with the
  215  designated regional poison control center responsible for the
  216  geographic area in which the licensee operates. The protocol
  217  shall define toxic substances and describe the procedure by
  218  which the designated regional poison control center may be
  219  consulted by the licensee. If a call is transferred to the
  220  designated regional poison control center in accordance with the
  221  protocol established under this section and s. 401.268, the
  222  designated regional poison control center shall assume
  223  responsibility and liability for the call.
  224         Section 9. Paragraph (b) of subsection (2) of section
  225  401.245, Florida Statutes, is amended to read:
  226         401.245 Emergency Medical Services Advisory Council.—
  227         (2)
  228         (b) Representation on the Emergency Medical Services
  229  Advisory Council shall include: two licensed physicians who are
  230  medical directors as defined in s. 401.23 s. 401.23(15) or
  231  whose medical practice is closely related to emergency medical
  232  services; two emergency medical service administrators, one of
  233  whom is employed by a fire service; two certified paramedics,
  234  one of whom is employed by a fire service; two certified
  235  emergency medical technicians, one of whom is employed by a fire
  236  service; one emergency medical services educator; one emergency
  237  nurse; one hospital administrator; one representative of air
  238  ambulance services; one representative of a commercial ambulance
  239  operator; and two laypersons who are in no way connected with
  240  emergency medical services, one of whom is a representative of
  241  the elderly. Ex officio members of the advisory council from
  242  state agencies shall include, but shall not be limited to,
  243  representatives from the Department of Education, the Department
  244  of Management Services, the State Fire Marshal, the Department
  245  of Highway Safety and Motor Vehicles, the Department of
  246  Transportation, and the Division of Emergency Management.
  247         Section 10. This act shall take effect July 1, 2019.