BILL NUMBER: AB 2917 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 28, 2008
PASSED THE ASSEMBLY AUGUST 30, 2008
AMENDED IN SENATE AUGUST 13, 2008
AMENDED IN SENATE AUGUST 4, 2008
AMENDED IN SENATE JULY 2, 2008
AMENDED IN SENATE JUNE 19, 2008
AMENDED IN ASSEMBLY MAY 23, 2008
AMENDED IN ASSEMBLY APRIL 2, 2008
INTRODUCED BY Assembly Member Torrico
FEBRUARY 22, 2008
An act to amend Sections 1797.101, 1797.170, 1797.172, 1797.216,
and 1798.200 of, to add Sections 1797.61, 1797.117, 1797.118,
1797.184, 1797.211, 1797.217, and 1797.219 to, and to repeal and add
Section 1797.62 of, the Health and Safety Code, relating to emergency
medical services.
LEGISLATIVE COUNSEL'S DIGEST
AB 2917, Torrico. Emergency medical services personnel.
Under existing law, the Emergency Medical Services System and the
Prehospital Emergency Medical Care Personnel Act, the Emergency
Medical Services Authority is responsible for establishing minimum
standards and promulgating regulations for the training and scope of
practice for emergency medical technicians-paramedic (EMT-P).
Violation of the act is a misdemeanor. Under existing law, these
standards and regulations would be applicable to local governments,
agencies, and other organizations that provide this training.
The act also 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 the occurrence
of any of specified events.
This bill would, among other things, require the authority to
establish and maintain a centralized system for monitoring and
tracing EMT-I and EMT-II certification status and EMT-P licensure
status to be used by certifying entities, as defined, and would
require specified fees to be collected and expended, upon
appropriation, for related purposes. The bill would require the
authority to adopt regulations regarding the submission of
fingerprint images and related information to the Department of
Justice.
This bill would require the authority to establish EMT-I and
EMT-II certification and disciplinary guidelines. This bill would
authorize an EMT-I or EMT-II employer to investigate and discipline
those EMT-I and EMT-II employees who commit specified acts. This bill
would require the medical director to investigate and discipline
specified EMT-Is and EMT-IIs. By imposing new duties upon local
officials, this bill would create a state-mandated local program.
By changing 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 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.
This bill would make the operation of its provisions contingent
upon the enactment of SB 997 of the 2007-08 Regular Session.
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 in conforming to the legal
requirements necessary to provide appropriate medical oversight and
protect the public safety.
SEC. 2. Section 1797.61 is added to the Health and Safety Code, to
read:
1797.61. (a) "Certificate" or "license" means a specific document
issued to an individual denoting competence in the named area of
prehospital service.
(b) "Certificate status" or "license status" means the active,
expired, denied, suspended, revoked, or placed on probation
designation applied to a certificate or license issued pursuant to
this division.
SEC. 3. Section 1797.62 of the Health and Safety Code is repealed.
SEC. 4. Section 1797.62 is added to the Health and Safety Code, to
read:
1797.62. "Certifying entity" means a public safety agency or the
office of the State Fire Marshal if the agency has a training program
for EMT-I personnel that is approved pursuant to the standards
developed pursuant to Section 1797.109, or the medical director of a
local EMS agency.
SEC. 5. Section 1797.101 of the Health and Safety Code is amended
to read:
1797.101. The Emergency Medical Services Authority shall be
headed by the Director of the Emergency Medical Services Authority
who shall be appointed by the Governor upon nomination by the
Secretary of California Health and Human Services. The director shall
be a physician and surgeon licensed in California pursuant to the
provisions of Chapter 5 (commencing with Section 2000) of Division 2
of the Business and Professions Code, and who has substantial
experience in the practice of emergency medicine.
SEC. 6. Section 1797.117 is added to the Health and Safety Code,
to read:
1797.117. (a) The authority shall establish and maintain a
centralized registry system for the monitoring and tracking of each
EMT-I and EMT-II certificate status and each EMT-P license status.
This centralized registry system shall be used by the certifying
entities as part of the certification process for an EMT-I and EMT-II
and by the authority as part of the licensure process for an EMT-P
license. The authority shall, by regulation, specify the data
elements to be included in the centralized registry system, the
requirements for certifying entities to report the data elements for
inclusion in the registry, including reporting deadlines, the
penalties for failure of a certifying entity to report certification
status changes within these deadlines, and requirements for
submission to the Department of Justice fingerprint images and
related information required by the Department of Justice of, except
as otherwise provided in this division, EMT-I and EMT-II certificate
candidates or holders and EMT-P license candidates or holders for the
purposes described in subdivision (c). The data elements to be
included in the centralized registry system shall include, but are
not limited to, data elements that are to be made publicly available
pursuant to subdivision (b).
(b) The information made available to the public through the
centralized registry system shall include all of the following data
elements: the full name of every individual who has been issued an
EMT-I or EMT-II certificate or EMT-P license, the name of the entity
that issued the certificate or license, the certificate or license
number, the date of issuance of the license or certificate, and the
license or certificate status.
(c) (1) As part of the centralized registry system, the authority
shall electronically submit to the Department of Justice fingerprint
images and related information required by the Department of Justice
of all EMT-I and EMT-II certificate candidates or holders, and of all
EMT-P license applicants, for the purposes of obtaining information
as to the existence and content of a record of state or federal
convictions and state or federal arrests and also information as to
the existence and content of a record of state or federal arrests for
which the Department of Justice establishes that the person is free
on bail or on his or her recognizance pending trial or appeal.
(2) When received, the Department of Justice shall forward to the
Federal Bureau of Investigation requests for federal summary criminal
history information received pursuant to this subdivision. The
Department of Justice shall review the information returned from the
Federal Bureau of Investigation and compile and electronically
disseminate a primary response to the authority and electronically
disseminate a dual response to one government agency certifying
entity.
(3) The Department of Justice shall electronically provide the
primary response to the authority and also electronically, the dual
response to one certifying entity that is a government agency,
pursuant to paragraph (1) of subdivision (p) of Section 11105 of the
Penal Code.
(d) The authority shall request the Department of Justice to
provide subsequent arrest notification service, as provided pursuant
to Section 11105.2 of the Penal Code, for persons described in
subdivision (c). All subsequent arrest notifications provided to the
authority for persons described in subdivision (c) shall be
electronically submitted to one government agency certifying entity,
as a dual response by the Department of Justice.
(e) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the request described in this section.
SEC. 7. Section 1797.118 is added to the Health and Safety Code,
to read:
1797.118. (a) On and after July 1, 2010, and except as provided
in subdivision (b), every EMT-I and EMT-II certificate candidate or
holder shall have their fingerprint images and related information
submitted to the authority for submission to the Department of
Justice pursuant to the regulations adopted pursuant to Section
1797.117 for a state and federal level criminal offender record
information search, including subsequent arrest information.
(b) If a state level criminal offender record information search,
including subsequent arrest information, has been conducted on a
currently certified EMT-I or EMT-II, who was certified prior to July
1, 2010, for the purposes of employment or EMT-I or EMT-II
certification, then the certifying entity or employer as identified
in paragraph (2) of subdivision (a) of Section 1798.200 shall verify
in writing to the authority pursuant to regulations adopted pursuant
to Section 1797.117 that a state level criminal offender record
information search, including subsequent arrest information, has been
conducted and that nothing in the criminal offender record
information search precluded the individual from obtaining EMT-I or
EMT-II certification.
SEC. 8. Section 1797.170 of the Health and Safety Code is amended
to read:
1797.170. (a) The authority shall develop and, after approval by
the commission pursuant to Section 1799.50, adopt regulations for the
training and scope of practice for EMT-I certification.
(b) Any individual certified as an EMT-I pursuant to this division
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 in consultation with experts in
the field of sudden infant death syndrome.
SEC. 9. Section 1797.172 of the Health and Safety Code is amended
to read:
1797.172. (a) The authority shall develop and, after approval by
the commission pursuant to Section 1799.50, adopt minimum standards
for the training and scope of practice for EMT-P.
(b) The approval of the director, in consultation with a committee
of local EMS medical directors named by the EMS Medical Directors
Association of California, is required prior to implementation of any
addition to a local optional scope of practice for EMT-Ps proposed
by the medical director of a local EMS agency.
(c) Notwithstanding any other provision of law, the authority
shall be the agency solely responsible for licensure and licensure
renewal of EMT-Ps who meet the standards and are not precluded from
licensure because of any of the reasons listed in subdivision (d) of
Section 1798.200. Each application for licensure or licensure renewal
shall require the applicant's social security number in order to
establish the identity of the applicant. The information obtained as
a result of a state and federal level criminal offender record
information search shall be used in accordance with Section 11105 of
the Penal Code, and to determine whether the applicant is subject to
denial of licensure or licensure renewal pursuant to this division.
Submission of fingerprint images to the Department of Justice may not
be required for licensure renewal upon determination by the
authority that fingerprint images have previously been submitted to
the Department of Justice during initial licensure, or a previous
licensure renewal, provided that the license has not lapsed and the
applicant has resided continuously in the state since the initial
licensure.
(d) The authority shall charge fees for the licensure and
licensure renewal of EMT-Ps in an amount sufficient to support the
authority's licensure program at a level that ensures the
qualifications of the individuals licensed to provide quality care.
The basic fee for licensure or licensure renewal of an EMT-P shall
not exceed one hundred twenty-five dollars ($125) until the adoption
of regulations that specify a different amount that does not exceed
the authority's EMT-P licensure, license renewal, and enforcement
programs. The authority shall annually evaluate fees to determine if
the fee is sufficient to fund the actual costs of the authority's
licensure, licensure renewal, and enforcement programs. If the
evaluation shows that the fees are excessive or are insufficient to
fund the actual costs of the authority's EMT-P licensure, licensure
renewal, and enforcement programs, then the fees shall be adjusted
accordingly through the rulemaking process described in the
Administrative Procedures Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
Separate additional fees may be charged, at the option of the
authority, for services that are not shared by all applicants for
licensure and licensure renewal, including, but not limited to, any
of the following services:
(1) Initial application for licensure as an EMT-P.
(2) Competency testing, the fee for which shall not exceed thirty
dollars ($30), except that an additional fee may be charged for the
cost of any services that provide enhanced availability of the exam
for the convenience of the EMT-P, such as on-demand electronic
testing.
(3) Fingerprint and criminal record check. The applicant shall, if
applicable according to subdivision (c), submit fingerprint images
and related information for criminal offender record information
searches with the Department of Justice and the Federal Bureau of
Investigation.
(4) Out-of-state training equivalency determination.
(5) Verification of continuing education for a lapse in licensure.
(6) Replacement of a lost licensure card. The fees charged for
individual services shall be set so that the total fees charged to
EMT-Ps shall not exceed the authority's actual total cost for the
EMT-P licensure program.
(e) The authority may provide nonconfidential, nonpersonal
information relating to EMS programs to interested persons upon
request, and may establish and assess fees for the provision of this
information. These fees shall not exceed the costs of providing the
information.
(f) At the option of the authority, fees may be collected for the
authority by an entity that contracts with the authority to provide
any of the services associated with the EMT-P program. All fees
collected for the authority in a calendar month by any entity
designated by the authority pursuant to this section to collect fees
for the authority shall be transmitted to the authority for deposit
into the Emergency Medical Services Personnel Fund within 30 calendar
days following the last day of the calendar month in which the fees
were received by the designated entity, unless the contract between
the entity and the authority specifies a different timeframe.
SEC. 10. Section 1797.184 is added to the Health and Safety Code,
to read:
1797.184. The authority shall develop and, after approval by the
commission pursuant to Section 1799.50, adopt all of the following:
(a) Guidelines for disciplinary orders, temporary suspensions, and
conditions of probation for EMT-I and EMT-II certificate holders
that protects the public health and safety.
(b) Regulations for the issuance of EMT-I and EMT-II certificates
by a certifying entity that protects the public health and safety.
(c) Regulations for the recertification of EMT-I and EMT-II
certificate holders that protect the public health and safety.
(d) Regulations for disciplinary processes for EMT-I and EMT-II
applicants and certificate holders that protect the public health and
safety. These disciplinary processes shall be in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code.
SEC. 11. Section 1797.211 is added to the Health and Safety Code,
to read:
1797.211. Each local EMS agency shall submit certificate 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 to an EMT-I or
EMT-II certificate status.
SEC. 12. Section 1797.216 of the Health and Safety Code is amended
to read:
1797.216. Public safety agencies that are certifying entities may
certify and recertify public safety personnel as EMT-I. The state
fire marshal, subject to policy guidance and advice from the State
Board of Fire Services, may certify and recertify fire safety
personnel as EMT-I. All persons certified shall have completed a
program of training approved by the local EMS agency or the authority
and have passed a competency-based examination.
SEC. 13. Section 1797.217 is added to the Health and Safety Code,
to read:
1797.217. (a) Every certifying entity shall submit to the
authority certification data required by Section 1797.117.
(b) The authority shall collect fees from each certifying entity
for the certification and certification renewal of each EMT-I and
EMT-II in an amount sufficient to support the authority's central
registry program and the local EMS agency administrative law judge
reimbursement program. Separate additional fees may be charged, at
the option of the authority, for services that are not shared by all
applicants.
(c) The authority's fees shall be established in regulations, and
fees charged for individual services shall be set so that the total
fees charged shall not exceed the authority's actual total cost for
the authority's central registry program, state and federal criminal
offender record information search response program, and the local
EMS agency administrative law judge reimbursement program.
(d) In addition to any fees collected by EMT-I or EMT-II
certifying entities to support their certification, recertification,
or enforcement programs, EMT-I or EMT-II certifying entities shall
collect fees to support the authority's central registry program, and
the local EMS agency administrative law judge reimbursement program.
In lieu of collecting fees from an individual, pursuant to an
employer choice, a collective bargaining agreement, or other
employment contract, the certifying entity shall provide the
appropriate fees to the authority pursuant to this subdivision.
(e) All fees collected for or provided to the authority in a
calendar month by an EMT-I or EMT-II certifying entity pursuant to
this section shall be transmitted to the authority for deposit into
the Emergency Medical Technician Certification Fund within 30
calendar days following the last day of the calendar month in which
the fees were received by the certifying entity, unless a contract
between the certifying entity and the authority specifies a different
timeframe.
(f) At the option of the authority, fees may be collected for the
authority by an entity that contracts with the authority to provide
any of the services associated with the registry program, or the
state and federal criminal offender record information search
response program, or the local EMS agency administrative law judge
reimbursement program. All fees collected for the authority in a
calendar month by any entity designated by the authority pursuant to
this section to collect fees for the authority shall be transmitted
to the authority for deposit into the Emergency Medical Technician
Certification Fund within 30 calendar days following the last day of
the calendar month in which the fees were received by the designated
entity, unless the contract between the entity and the authority
specifies a different timeframe.
(g) The authority shall annually evaluate fees to determine if the
fee is sufficient to fund the actual costs of the authority's
central registry program, state and federal criminal offender record
information search response program, and local EMS agency
administrative law judge reimbursement program. If the evaluation
shows that the fees are excessive or are insufficient to fund the
actual costs of these programs, then the fees will be adjusted
accordingly through the rulemaking process as outlined in the
Administrative Procedures Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(h) The Emergency Medical Technician Certification Fund is hereby
created in the State Treasury. All moneys deposited in the fund shall
be made available, upon appropriation, to the authority for purposes
of the central registry program, state and federal criminal offender
record information search response program, and the local EMS agency
administrative law judge reimbursement program. The local EMS agency
administrative law judge reimbursement program is solely for the
purpose of making reimbursements to local emergency medical service
agencies for actual administrative law judge costs regarding EMT-I or
EMT-II disciplinary action appeals. Reimbursement to the local
emergency medical service agencies shall only be made if adequate
funds are available from fees collected for the authority's local EMS
agency administrative law judge reimbursement program.
(i) The authority may transfer unused portions of the Emergency
Medical Technician Certification Fund to the Surplus Money Investment
Fund. Funds transferred to the Surplus Money Investment Fund shall
be placed in a separate trust account, and shall be available for
transfer to the Emergency Medical Technician Certification Fund,
together with interest earned, when requested by the authority.
(j) The authority shall maintain a reserve balance in the
Emergency Medical Technician Certification Fund of 5 percent of
annual revenues. Any increase in the fees deposited in the Emergency
Medical Technician Certification Fund shall be effective upon a
determination by the authority that additional moneys are required to
fund expenditures of this section.
SEC. 14. Section 1797.219 is added to the Health and Safety Code,
to read:
1797.219. All investigatory and disciplinary processes for EMT-I
and EMT-II certificate holders shall be, subject to Chapter 9.6
(commencing with Section 3250) of Division 4 of Title 1 of the
Government Code, with respect to certificate holders who are
firefighters otherwise subject to these provisions, and Chapter 9.7
(commencing with Section 3300) of Division 4 of Title 1 of the
Government Code, with respect to certificate holders who are peace
officers otherwise subject to these provisions.
SEC. 15. Section 1798.200 of the Health and Safety Code is amended
to read:
1798.200. (a) (1) (A) Except as provided in paragraph (2), an
employer of an EMT-I or EMT-II may conduct investigations, as
necessary, and take disciplinary action against an EMT-I or EMT-II
who is employed by that employer for conduct in violation of
subdivision (c). The employer shall notify the medical director of
the local EMS agency that has jurisdiction in the county in which the
alleged violation occurred within three days when an allegation has
been validated as a potential violation of subdivision (c).
(B) Each employer of an EMT-I or EMT-II employee shall notify the
medical director of the local EMS agency that has jurisdiction in the
county in which a violation related to subdivision (c) occurred
within three days after the EMT-I or EMT-II is terminated or
suspended for a disciplinary cause, the EMT-I or EMT-II resigns
following notification of an impending investigation based upon
evidence that would indicate the existence of a disciplinary cause,
or the EMT-I or EMT-II is removed from EMT-related duties for a
disciplinary cause after the completion of the employer's
investigation.
(C) At the conclusion of an investigation, the employer of an
EMT-I or EMT-II may develop and implement, in accordance with the
guidelines for disciplinary orders, temporary suspensions, and
conditions of probation adopted pursuant to Section 1797.184, a
disciplinary plan for the EMT-I or EMT-II. Upon adoption of the
disciplinary plan, the employer shall submit that plan to the local
EMS agency within three working days. The employer's disciplinary
plan may include a recommendation that the medical director of the
local EMS agency consider taking action against the holder's
certificate pursuant to paragraph (3).
(2) If an EMT-I or EMT-II is not employed by an ambulance service
licensed by the Department of the California Highway Patrol or a
public safety agency or if that ambulance service or public safety
agency chooses not to conduct an investigation pursuant to paragraph
(1) for conduct in violation of subdivision (c), the medical director
of a local EMS agency shall conduct the investigations, and, upon a
determination of disciplinary cause, take disciplinary action as
necessary against this EMT-I or EMT-II. At the conclusion of these
investigations, the medical director shall develop and implement, in
accordance with the recommended guidelines for disciplinary orders,
temporary orders, and conditions of probation adopted pursuant to
Section 1797.184, a disciplinary plan for the EMT-I or EMT-II. The
medical director's disciplinary plan may include action against the
holder's certificate pursuant to paragraph (3).
(3) The medical director of the local EMS agency may, upon a
determination of disciplinary cause and in accordance with
regulations for disciplinary processes adopted pursuant to Section
1797.184, deny, suspend, or revoke any 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) and the occurrence of one of the following:
(A) The EMT-I or EMT-II employer, after conducting an
investigation, failed to impose discipline for the conduct under
investigation, or the medical director makes a determination that the
discipline imposed was not according to the guidelines for
disciplinary orders and conditions of probation and the conduct of
the EMT-I or EMT-II certificate holder constitutes grounds for
disciplinary action against the certificate.
(B) Either the employer of an EMT-I or EMT-II further determines,
after an investigation conducted under paragraph (1), or the medical
director determines after an investigation conducted under paragraph
(2), that the conduct requires disciplinary action against the
certificate.
(4) The medical director of the local EMS agency, after
consultation with the employer of an EMT-I or EMT-II, may temporarily
suspend, prior to a hearing, any EMT-I or EMT-II certificate or both
EMT-I and EMT-II certificates upon a determination that both of the
following conditions have been meet:
(A) The certificate holder has engaged in acts or omissions that
constitute grounds for revocation of the EMT-I or EMT-II certificate.
(B) Permitting the certificate holder to continue to engage in the
certified activity without restriction would pose an imminent threat
to the public health or safety.
(5) If the medical director of the local EMS agency temporarily
suspends a certificate, the local EMS agency shall notify the
certificate holder that his or her EMT-I or EMT-II certificate is
suspended and shall identify the reasons therefor. Within three
working days of the initiation of the suspension by the local EMS
agency, the agency and employer shall jointly investigate the
allegation in order for the agency to make a determination of the
continuation of the temporary suspension. All investigatory
information not otherwise protected by law held by the agency and
employer shall be shared between the parties via facsimile
transmission or overnight mail relative to the decision to
temporarily suspend. The local EMS agency shall decide within 15
calendar days, whether to serve the certificate holder with an
accusation pursuant to Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code. If the
certificate holder files a notice of defense, the hearing shall be
held within 30 days of the local EMS agency's receipt of the notice
of defense. The temporary suspension
order shall be deemed vacated if the local EMS agency
fails to make a final determination on the merits within 15 days
after the administrative law judge renders the proposed decision.
(6) The medical director of the local EMS agency shall refer, for
investigation and discipline, any complaint received on an EMT-I or
EMT-II to the relevant employer within three days of receipt of the
complaint, pursuant to subparagraph (A) of paragraph (1) of
subdivision (a).
(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
that is substantially related to the qualifications, functions, and
duties of prehospital personnel.
(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 that 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.
(10) 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) 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) The information shared among EMT-I, EMT-II, and EMT-P
employers, medical directors of local EMS agencies, the authority,
and EMT-I and EMT-II certifying entities shall be deemed to be an
investigative communication that is exempt from public disclosure as
a public record pursuant to subdivision (f) of Section 6254 of the
Government Code. A formal disciplinary action against an EMT-I,
EMT-II, or EMT-P shall be considered a public record available to the
public, unless otherwise protected from disclosure pursuant to state
or federal law.
(e) For purposes of this section "disciplinary cause" means an act
that is substantially related to the qualifications, functions, and
duties of an EMT-I, EMT-II, or EMT-P and is evidence of a threat to
the public health and safety described in subdivision (c).
SEC. 16. This act shall become operative only if Senate Bill 997
of the 2007-08 Regular Session is enacted and becomes effective on or
before January 1, 2009.
SEC. 17. 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. 18. The Legislature finds and declares that Section 15 of
this act, which amends Section 1798.200 of the Health and Safety
Code, imposes a limitation on the public's right of access to the
meetings of public bodies or the writings of public officials and
agencies within the meaning of Section 3 of Article I of the
California Constitution. Pursuant to that constitutional provision,
the Legislature makes the following findings to demonstrate the
interest protected by this limitation and the need for protecting
that interest: emergency medical technicians serve a critical role in
the state's emergency response network. The public safety is best
protected when appropriate and consistent disciplinary standards are
applied. When accusations have been made against a certified EMT-I or
EMT-II, the individual must be given the investigatory and due
process protection that is offered to other licensed and certified
professionals such as paramedics, physicians, nurses, and other
health care providers. The public shall have certification,
licensure, disciplinary and other information readily available with
the implementation of the EMT-I, EMT-II, and EMT-P registry as
created by Section 1797.117 of the Health and Safety Code.
SEC. 19. 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.