BILL NUMBER: AB 1086 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY DECEMBER 13, 2007
INTRODUCED BY Assembly Member Torrico
FEBRUARY 23, 2007
An act to amend Section 877.6 of the Code of Civil
Procedure, relating to civil actions. An act to amend
Sections 1797.170, 1797.171, and 1798.200 of, and to add Section
1797.117 to, the Health and Safety Code, relating to emergency
medical services.
LEGISLATIVE COUNSEL'S DIGEST
AB 1086, as amended, Torrico. Joint judgment debtors.
Emergency medical technicians: certificates:
discipline.
Existing law, the Emergency Medical Services System and the
Prehospital Emergency Medical Care Personnel Act, provides for the
certification of emergency medical technicians through the issuance
of certificates, including EMT-I and EMT-II certificates, by local
entities, known as local EMS agencies, which are designated by
counties. Existing law also permits public safety agencies, for
public safety personnel, and the State Board of Fire Services, for
fire safety personnel, to issue EMT-I certificates. Existing law
provides that the medical director of a local EMS agency or the
Emergency Medical Services Authority may deny, suspend, or revoke
certificates issued under these provisions, or may place a
certificate holder on probation, upon finding the occurrence of any
of specified events.
This bill, if certain conditions are met, would require the
authority to maintain a centralized system for monitoring and tracing
EMT-I and EMT-II certification status and EMT-P licensure status to
be used by employers and local EMS agencies as part of the background
check process. The bill would require EMS providers to verify that a
background check is completed on all EMT-I and EMT-II holders and to
submit certification data.
This bill would require the authority to establish EMT-I and
EMT-II certification and disciplinary guidelines. This bill would
require an EMS provider who employs an EMT-I or EMT-II to investigate
and, as necessary, discipline those EMT-I and EMT-II employees who
commit specified acts. The bill would also revise the grounds for
which the local EMS agency may impose additional discipline against
an EMT-I or EMT-II certificate holder.
This bill would also revise the grounds for which the authority
may discipline EMT-P licensees to include, but not be limited to,
denial of licensure by any other government entity, impersonating an
applicant or acting as proxy for an applicant, and making a false
statement in connection with an application.
By changing these enforcement requirements of local agencies, 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.
Existing law provides that any party to an action in which it is
alleged that 2 or more parties are joint tortfeasors or coobligors on
a contract debt, is entitled to a hearing on the issue of the good
faith of a settlement entered into by the plaintiff or other claimant
and one or more alleged tortfeasors or coobligors, upon giving
notice, as specified. As an alternative, existing law authorizes a
settling party to give notice of settlement to all parties and to the
court, together with an application for determination of good faith
settlement and a proposed order.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) The health and safety of Californians often depends on the
timely response and competent care of emergency medical service (EMS)
personnel.
(b) Whether it is an automobile accident, heart attack, near
drowning, unscheduled childbirth, gunshot wound, or other life
critical incident, emergency medical technicians (EMTs) provide
vital, lifesaving, prehospital attention to the public, and assist in
transporting the sick or injured to an appropriate medical facility.
(c) Maintaining consistent and accountable supervision of EMT
certificate holders requires that pertinent information about
certification be available to all EMS providers prior to the
employment of an EMT.
(d) Ensuring the safety of the public as well as that of first
responders requires that any entity that employs EMTs have access to
pertinent information concerning any applicant's background and
criminal history as a condition of his or her employment.
(e) Local EMS agencies have a role to play in maintaining the
consistency of department policies and their conformance with the
legal requirements necessary to provide appropriate medical oversight
and protect the public safety.
SEC. 2. Section 1797.117 is added to the
Health and Safety Code , to read:
1797.117. (a) The Emergency Medical Services Authority shall
maintain a centralized registry system for the monitoring and
tracking of EMT-I and EMT-II certification status and EMT-P licensure
status, to be used by the local emergency medical services agencies
and employers of EMT personnel as part of the certification process.
To the extent that additional funds are needed for this purpose,
implementation of this subdivision shall be contingent upon a
specific appropriation provided for this purpose in the annual Budget
Act.
(b) The centralized registry system shall contain the full name of
the EMT-I, EMT-II, or EMT-P, the agency that issued the certificate
or, in the case of an EMT-P the license number, the date of issuance
of the license or certificate, the licensure or certification status,
and when a background check was completed as a condition of
licensure, certification, or employment.
(c) The authority shall develop and, after approval of the
commission pursuant to Section 1799.50, adopt regulations to
implement this section to include, but not be limited to, penalty
provisions for failure of a local EMS agency to report certification
status changes according to the timelines established under this
section and failure of an EMS service provider to report disciplinary
actions to a local EMS agency according to the timelines established
under Section 1798.200.
(d) For the purposes of this section the following definitions
shall apply:
(1) "Certification status" means the current status of an EMT-I or
EMT-II certificate or EMT-P license as active, inactive (not
renewed), suspended, or revoked.
(2) "Background check" means a standard procedure developed by the
authority and, after approval by the commission pursuant to Section
1799.50, adopted that shall include a Federal Bureau of Investigation
and Department of Justice criminal history.
(e) Every authorized EMS provider shall verify that a background
check is completed on each EMT-I and EMT-II certificate holder and
shall submit the certification data as set forth in this section.
(f) Each local EMS agency shall submit certification status
updates to the authority within three working days after a final
determination is made regarding a certification disciplinary action
taken by the medical director that results in a change in an EMT-I or
EMT-II certification status.
SEC. 3. Section 1797.170 of the Health
and Safety Code is amended to read:
1797.170. (a) The authority shall establish minimum standards and
promulgate shall adopt regulations for
the training and scope of practice for EMT-I.
(b) The authority shall develop and, after the approval of the
commission pursuant to Section 1799.50, adopt all of the following:
(1) Recommended guidelines for disciplinary orders, temporary
suspensions, and conditions of probation for EMT-I certificate
holders.
(2) Recommended guidelines for the issuance of EMT-I certificates
by a local EMS agency or other certifying authority.
(3) Recommended guidelines for the recertification of EMT-I
certificate holders, including, but not limited to, the requirement
that an applicant apply for recertification through one of the
following:
(A) If his or her employer is a certifying agency, through his or
her employer.
(B) If his or her employer is not a certifying agency, through a
certifying agency within the county of employment.
(C) If not currently employed, through a certifying agency within
his or her county of residence.
(4) Recommended guidelines for disciplinary hearings for EMT-I
certificate holders which shall include, but not be limited to,
procedures and time restrictions for all of the following:
(A) Notifications, including a notification by an EMS service
provider to the relevant local EMS agency when a disciplinary
investigation has been opened regarding conduct in violation of
subdivision (c) of Section 1798.200.
(B) Written accusations.
(C) Requests for discovery.
(D) Hearings conducted by an independent, impartial panel.
(b)
(c) Any individual certified as an EMT-I pursuant to
this act shall be recognized as an EMT-I on a statewide basis, and
recertification shall be based on statewide standards. Effective July
1, 1990, any individual certified as an EMT-I pursuant to this act
shall complete a course of training on the nature of sudden infant
death syndrome which is developed by the California SIDS program in
the State Department of Public Health Services
in consultation with experts in the field of sudden infant
death syndrome.
SEC. 4. Section 1797.171 of the Health
and Safety Code is amended to read:
1797.171. (a) The authority shall develop, and after approval of
the commission pursuant to Section 1799.50, shall adopt, minimum
standards for the training and scope of practice for EMT-II.
(b) The authority shall develop and, after the approval of the
commission pursuant to Section 1799.50, adopt all of the following:
(1) Recommended guidelines for disciplinary orders, temporary
suspensions, and conditions of probation for EMT-II certificate
holders.
(2) Recommended guidelines for the issuance of EMT-II certificates
by a local EMS agency or other certifying authority.
(3) Recommended guidelines for the recertification of EMT-II
certificate holders, including, but not limited to, the requirement
that an applicant apply for recertification through one of the
following:
(A) If his or her employer is a certifying agency, through his or
her employer.
(B) If his or her employer is not a certifying agency, through a
certifying agency within the county of employment.
(C) If not currently employed, through a certifying agency within
his or her county of residence.
(4) Recommended guidelines for disciplinary hearings for EMT-II
certificate holders which shall include, but not be limited to,
procedures and time restrictions for all of the following:
(A) Notifications, including a notification by an EMS service
provider to the relevant local EMS agency when a disciplinary
investigation has been opened regarding conduct in violation of
subdivision (c) of Section 1798.200.
(B) Written accusations.
(C) Requests for discovery.
(D) Hearings conducted by an independent, impartial panel.
(b)
(c) An EMT-II shall complete a course of training on the
nature of sudden infant death syndrome in accordance with
subdivision (b) (c) of Section
1797.170.
(c)
(d) (1) In rural or
remote areas of the state where patient transport times are
particularly long and where local resources are inadequate to support
an EMT-P program for EMS responses, the director may approve
additions to the scope of practice of EMT-IIs serving the local
system, if requested by the medical director of the local EMS agency,
and if the EMT-II has received training equivalent to that of an
EMT-P. The approval of the director, in consultation with a committee
of local EMS medical directors named by the Emergency Medical
Directors Association of California, is required prior to
implementation of any addition to a local optional scope of practice
for EMT-IIs proposed by the medical director of a local EMS agency.
No drug or procedure that is not part of the basic EMT-P scope of
practice, including, but not limited to, any approved local options,
shall be added to any EMT-II scope of practice pursuant to this
subdivision.
Approval
(2) Approval of additions to the
scope of practices pursuant to this subdivision may be given only for
EMT-II programs in effect on January 1, 1994.
SEC. 5. Section 1798.200 of the Health
and Safety Code is amended to read:
1798.200. (a) The
1798.200. (a) (1) (A) Except as set forth in
paragraph (2), an authorized EMS provider shall conduct
investigations, as necessary, and take disciplinary action against an
EMT-I or EMT-II who is employed by the EMS provider for conduct in
violation of subdivision (c).
(B) At the conclusion of the investigation the EMS provider may
develop and implement, in accordance with the recommended guidelines
for disciplinary orders and conditions of probation adopted pursuant
to Sections 1797.170 and 1797.171, a disciplinary plan for the EMT-I
or EMT-II.
(C) Upon adoption of the disciplinary plan, the EMS provider shall
inform the local EMS agency within three working days of its
findings and the disciplinary action taken.
(D) The EMS provider's disciplinary
plan may include a recommendation that the medical director of
the local EMS agency may, in accordance with Chapter 6
(commencing with Section 100206) of Division 9 of Title 22 of the
California Code of Regulations, consider taking action
against the holder's certificate pursuant to paragraph (3).
(2) If the EMT-I or EMT-II is not employed by an authorized EMS
provider, any investigation or disciplinary action shall be conducted
by the medical director of the local EMS agency.
(3) (A) The
medical director of the local EMS agency may, in accordance with
recommended guidelines for disciplinary hearings adopted by the
authority pursuant to Sections 1797.170 and 1797.171, deny,
suspend, or revoke any the EMT-I or
EMT-II certificate issued under this division, or may place any EMT-I
or EMT-II certificate holder on probation, upon the finding by that
medical director of the occurrence of any of the actions listed in
subdivision (c). The authority shall ensure that the local
EMS agency's disciplinary policies and procedures are, at a minimum,
as effective in protecting the due process rights of any
(c) and one of the following:
(i) That the EMS service provider recommended certification action
pursuant to subparagraph (D) of paragraph (1).
(ii) That the EMS service provider
failed to impose discipline for the act or omission, or the medical
director makes a determination that the discipline imposed was not
sufficient and the act or omission engaged in by the EMT-I or
EMT-II certificate holder as those in Chapter 5
constitutes grounds for further disciplinary action against the
certification.
(iii) A determination pursuant to an investigation conducted under
paragraph (2) that the act or omission requires disciplinary action
against the certification.
(B) Any information reported or
disclosed by an employer pursuant to this subdivision shall be deemed
to be an investigatory communication and shall be exempt from
disclosure pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 11500) of Part 1
6250) of Division 3 7 of
Title 2 1 of the Government
Code Code) .
(4) Notwithstanding any provision of law to the contrary, the
local EMS agency may elect to refer to the authority, the task of
performing the local EMS agency's duties under paragraph (3). If the
local EMS agency makes this election, it shall inform the authority
and the EMS providers in its area, and thereafter the authority shall
perform the duties of the local EMS agency pursuant to paragraph (3)
within the local EMS agency's area.
(b) The authority may deny, suspend, or revoke any EMT-P license
issued under this division, or may place any EMT-P license issued
under this division, or may place any EMT-P licenseholder on
probation upon the finding by the director of the occurrence of any
of the actions listed in subdivision (c). Proceedings against any
EMT-P license or licenseholder shall be held in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code.
(c) Any of the following actions shall be considered evidence of a
threat to the public health and safety and may result in the denial,
suspension, or revocation of a certificate or license issued under
this division, or in the placement on probation of a certificate or
licenseholder under this division:
(1) Fraud in the procurement of any certificate or license under
this division.
(2) Gross negligence.
(3) Repeated negligent acts.
(4) Incompetence.
(5) The commission of any fraudulent, dishonest, or corrupt act
which is substantially related to the qualifications, functions, and
duties of prehospital personnel.
(2) Denial of licensure, revocation, suspension, or other
disciplinary action against an EMT license or certification by
another state or territory of the United States, by any other
government agency, or by another California licensing entity. A
certified copy of the decision or judgment shall be conclusive
evidence of that action.
(3) Impersonating an applicant or acting as proxy for an applicant
in any examination or continuing education required under this
division for the issuance of a certificate or license.
(4) Incompetence or gross negligence in carrying out usual
certified or licensed EMT functions.
(5) Making or giving any false statement or information in
connection with the application for issuance of a certificate or
license.
(6) Conviction of any crime which is substantially related to the
qualifications, functions, and duties of prehospital personnel. The
record of conviction or a certified copy of the record shall be
conclusive evidence of the conviction.
(7) Violating or attempting to violate directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision of this division or the regulations adopted by the
authority pertaining to prehospital personnel.
(8) Violating or attempting to violate any federal or state
statute or regulation which regulates narcotics, dangerous drugs, or
controlled substances.
(9) Addiction to the excessive use of, or the misuse of, alcoholic
beverages, narcotics, dangerous drugs, or controlled substances.
(8) Impersonating another certified or licensed practitioner, or
permitting or allowing another person to use his or her certificate
or license for the purpose of providing emergency medical services.
(10)
(9) Functioning outside the supervision of medical
control in the field care system operating at the local level, except
as authorized by any other license or certification.
(11) Demonstration of irrational behavior or occurrence of a
physical disability to the extent that a reasonable and prudent
person would have reasonable cause to believe that the ability to
perform the duties normally expected may be impaired.
(12)
(10) Unprofessional conduct exhibited by any of the
following:
(A) The mistreatment or physical abuse of any patient resulting
from force in excess of what a reasonable and prudent person trained
and acting in a similar capacity while engaged in the performance of
his or her duties would use if confronted with a similar
circumstance. Nothing in this section shall be deemed to prohibit an
EMT-I, EMT-II, or EMT-P from assisting a peace officer, or a peace
officer who is acting in the dual capacity of peace officer and
EMT-I, EMT-II, or EMT-P, from using that force that is reasonably
necessary to effect a lawful arrest or detention.
(B) The failure to maintain confidentiality of patient medical
information, except as disclosure is otherwise permitted or required
by law in Sections 56 to 56.6, inclusive, of the Civil Code.
(C) The commission of any sexually related offense specified under
Section 290 of the Penal Code.
(D) Obtaining or possessing in violation of the law, or, except as
directed by a licensed physician and surgeon, dentist, or
podiatrist, administer to himself or herself, or furnish or
administer to another, any controlled substance as defined in
Division 10 (commencing with Section 11000) of this code or any
dangerous drug or dangerous device as defined in Section 4022 of the
Business and Professions Code.
(E) Use of any controlled substance as defined in Division 10
(commencing with Section 11000) of this code or any dangerous drug or
dangerous device as defined in Section 4022 of the Business and
Professions Code, or alcoholic beverages, to an extent or manner
dangerous or injurious to himself or herself, any other person, or
the public, or to the extent that the use impairs his or her ability
to conduct with safety to the public the practice authorized by his
or her certification.
(F) Conviction of a criminal offense involving the prescription,
consumption, or self-administration of any of the substances
described in subparagraphs (D) and (E), or the possession of, or
falsification of a prescription record pertaining to, the substances
described in subparagraph (D), in which event the record of the
conviction is conclusive evidence thereof.
(G) Being committed or confined by a court of competent
jurisdiction for intemperate use of or addiction to the use of any of
the substances described in subparagraphs (D) and (E), in which
event the court order of commitment or confinement is prima facie
evidence of that commitment or confinement.
(H) Falsifying, or making grossly incorrect, grossly inconsistent,
or unintelligible entries in any hospital, patient, or other record
pertaining to substances described in subparagraph (D).
SEC. 6. This act shall not be construed to limit
or otherwise impair the medical control of the medical director of a
local EMS agency granted pursuant to Section 1798 of the Health and
Safety Code.
SEC. 7. 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.
SECTION 1. Section 877.6 of the Code of Civil
Procedure is amended to read:
877.6. (a) (1) Any party to an action in which it is alleged that
two or more parties are joint tortfeasors or coobligors on a
contract debt shall be entitled to a hearing on the issue of the good
faith of a settlement entered into by the plaintiff or other
claimant and one or more alleged tortfeasors or coobligors, upon
giving notice in the manner provided in subdivision (b) of Section
1005. Upon a showing of good cause, the court may shorten the time
for giving the required notice to permit the determination of the
issue to be made before the commencement of the trial of the action,
or before the verdict or judgment if settlement is made after the
trial has commenced.
(2) In the alternative, a settling party may give notice of
settlement to all parties, including, but not limited to, all joint
tortfeasors or coobligors, and to the court, together with an
application for determination of good faith settlement and a proposed
order. The application shall indicate the settling parties, and the
basis, terms, and amount of the settlement. The notice, application,
and proposed order shall be given by certified mail, return receipt
requested. Proof of service shall be filed with the court. Within 25
days of the mailing of the notice, application, and proposed order,
or within 20 days of personal service, a nonsettling party may file a
notice of motion to contest the good faith of the settlement. If
none of the nonsettling parties files a motion within 25 days of
mailing of the notice, application, and proposed order, or within 20
days of personal service, the court may approve the settlement. The
notice by a nonsettling party shall be given in the manner provided
in subdivision (b) of Section 1005. However, this paragraph shall not
apply to settlements in which a confidentiality agreement has been
entered into regarding the case or the terms of the settlement.
(b) The issue of the good faith of a settlement may be determined
by the court on the basis of affidavits served with the notice of
hearing, and any counteraffidavits filed in response, or the court
may, in its discretion, receive other evidence at the hearing.
(c) A determination by the court that the settlement was made in
good faith shall bar any other joint tortfeasor or coobligor from any
further claims against the settling tortfeasor or coobligor for
equitable comparative contribution, or partial or comparative
indemnity, based on comparative negligence or comparative fault.
(d) The party asserting the lack of good faith shall have the
burden of proof on that issue.
(e) If a determination of the good faith or lack of good faith of
a settlement is made, any party aggrieved by the determination may
petition the proper court to review the determination by writ of
mandate. The petition for writ of mandate shall be filed within 20
days after service of written notice of the determination, or within
any additional time not exceeding 20 days as the trial court may
allow.
(1) The court shall, within 30 days of the receipt of all
materials to be filed by the parties, determine whether or not the
court will hear the writ and notify the parties of its determination.
(2) If the court grants a hearing on the writ, the hearing shall
be given special precedence over all other civil matters on the
calendar of the court except those matters to which equal or greater
precedence on the calendar is granted by law.
(3) The running of any period of time after which an action would
be subject to dismissal pursuant to the applicable provisions of
Chapter 1.5 (commencing with Section 583.110) of Title 8 of Part 2
shall be tolled during the period of review of a determination
pursuant to this subdivision.