BILL NUMBER: AB 1655 CHAPTERED 09/14/04 CHAPTER 513 FILED WITH SECRETARY OF STATE SEPTEMBER 14, 2004 APPROVED BY GOVERNOR SEPTEMBER 14, 2004 PASSED THE ASSEMBLY AUGUST 26, 2004 PASSED THE SENATE AUGUST 24, 2004 AMENDED IN SENATE JUNE 21, 2004 AMENDED IN SENATE JUNE 2, 2004 AMENDED IN ASSEMBLY JANUARY 15, 2004 AMENDED IN ASSEMBLY JANUARY 5, 2004 INTRODUCED BY Assembly Member Negrete McLeod FEBRUARY 21, 2003 An act to add Sections 1798.210, 1798.211, and 1799.112 to the Health and Safety Code, relating to emergency medical services. LEGISLATIVE COUNSEL'S DIGEST AB 1655, Negrete McLeod. Emergency medical services: paramedics. Existing law creates the Emergency Medical Services Authority in the California Health and Human Services Agency, and requires the authority, among other things, to provide technical assistance to agencies, counties, and cities for developing components of emergency medical services systems. Under existing law, the authority may deny, suspend, or revoke an EMT-P license, or place an EMT-P licenseholder on probation, upon a finding by the Director of the Emergency Medical Services Authority that certain actions have occurred, including conviction of specified crimes. This bill would, with certain exceptions, authorize the authority to impose an administrative fine on any licensed paramedic who has committed specified conduct. This bill would require that all funds recovered by the authority pursuant to these provisions be deposited into the General Fund. This bill would, with certain exceptions, require EMT-P employers to report in writing to the local EMS agency medical director and the authority actions taken concerning an EMT-P, including the removal of an EMT-P from paramedic duties for disciplinary cause or reason following the completion of an internal investigation. Under existing law, a violation of any of the provisions relating to emergency medical services is punishable as a misdemeanor. By expanding the definition of a 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 no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1798.210 is added to the Health and Safety Code, to read: 1798.210. (a) The authority may impose an administrative fine of up to two thousand five hundred dollars ($2,500) per violation on any licensed paramedic found to have committed any of the actions described by subdivision (c) of Section 1798.200 that did not result in actual harm to a patient. Fines may not be imposed if a paramedic has previously been disciplined by the authority for any other act committed within the immediately preceding five-year period. (b) The authority shall adopt regulations establishing an administrative fine structure, taking into account the nature and gravity of the violation. The administrative fine shall not be imposed in conjunction with a suspension for the same violation, but may be imposed in conjunction with probation for the same violation except when the conditions of the probation require a paramedic's personal time or expense for training, clinical observation, or related corrective instruction. (c) In assessing the fine, the authority shall give due consideration to the appropriateness of the amount of the fine with respect to factors that include the gravity of the violation, the good faith of the paramedic, the history of previous violations, any discipline imposed by the paramedic's employer for the same occurrence of that conduct, as reported pursuant to Section 1799.112, and the totality of the discipline to be imposed. The imposition of the fine shall be subject to the administrative adjudication provisions set forth in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (d) If a paramedic does not pay the administrative fine imposed by the authority and chooses not to renew his or her license, the authority may enforce the order for repayment in any appropriate court. This right of enforcement shall be in addition to any other rights the authority may have to require a paramedic to pay costs. (e) In any action for collection of an administrative fine, proof of the authority's decision shall be conclusive proof of the validity of the order of payment and the terms for payment. (f) (1) Except as provided in paragraph (2), the authority shall not license or renew the license of any paramedic who has failed to pay an administrative fine ordered under this section. (2) The authority may, in its discretion, conditionally license or renew for a maximum of one year the license of any paramedic who demonstrates financial hardship and who enters into a formal agreement with the authority to reimburse the authority within that one-year period for the unpaid fine. (g) All funds recovered under this section shall be deposited into the state General Fund. (h) Nothing in this section shall preclude the authority from imposing an administrative fine in any stipulated settlement. (i) For purposes of this section, "licensed paramedic" includes a paramedic whose license has lapsed or has been surrendered. SEC. 2. Section 1798.211 is added to the Health and Safety Code, to read: 1798.211. When making a decision regarding a disciplinary action pursuant to Section 1798.200 or Section 1798.210, the authority, and when applicable the administrative law judge, shall give credit for discipline imposed by the employer and for any immediate suspension imposed by the local EMS agency for the same conduct. SEC. 3. Section 1799.112 is added to the Health and Safety Code, to read: 1799.112. (a) EMT-P employers shall report in writing to the local EMS agency medical director and the authority and provide all supporting documentation within 30 days of whenever any of the following actions are taken: (1) An EMT-P is terminated or suspended for disciplinary cause or reason. (2) An EMT-P resigns following notice of an impending investigation based upon evidence indicating disciplinary cause or reason. (3) An EMT-P is removed from paramedic duties for disciplinary cause or reason following the completion of an internal investigation. (b) The reporting requirements of subdivision (a) do not require or authorize the release of information or records of an EMT-P who is also a peace officer protected by Section 832.7 of the Penal Code. (c) For purposes of this section, "disciplinary cause or reason" means only an action that is substantially related to the qualifications, functions, and duties of a paramedic and is considered evidence of a threat to the public health and safety as identified in subdivision (c) of Section 1798.200. (d) Pursuant to subdivision (i) of Section 1798.24 of the Civil Code, upon notification to the paramedic, the authority may share the results of its investigation into a paramedic's misconduct with the paramedic's employer, prospective employer when requested in writing as part of a preemployment background check, and the local EMS agency. (e) The information reported or disclosed in this section shall be deemed in the nature of an investigative communication and is exempt from disclosure as a public record by subdivision (f) of Section 6254 of the Government Code. (f) A paramedic applicant or licensee to whom the information pertains may view the contents, as set forth in subdivision (a) of Section 1798.24 of the Civil Code, of a closed investigation file upon request during the regular business hours of the authority. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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.