BILL ANALYSIS
AB 2917
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Date of Hearing: April 23, 2008
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mark Leno, Chair
AB 2917 (Torrico) - As Amended: April 2, 2008
Policy Committee: Health Vote:16-1
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill revises the emergency medical technicians (EMT)
certification process and disciplinary authority of state and
local emergency medical services agencies (LEMSA). Specifically,
this bill:
1)Requires the California Emergency Medical Services Agency
(EMSA) to establish and maintain a centralized registry for
monitoring EMT certification and adopt related regulations.
2)Requires LEMSA to use the registry as a part of the
certification process and provide information to the public.
3)Requires EMSA to adopt regulations that standardize criminal
background check processes and rely on California Department
of Justice (DOJ) data and Federal Bureau of Investigation
(FBI) data. Requires LEMSA to verify resulting background
checks.
4)Requires EMSA to adopt regulations pertaining to:
a) Disciplinary processes including suspensions and
probation.
b) Issuance of certification and recertification
5)Authorizes LEMSA to investigate disciplinary issues and
establishes related processes.
6)Significantly expands the reasons an EMT may have a
certification or license denied, suspended, or revoked.
FISCAL EFFECT
AB 2917
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1)EMSA fee-supported special fund start-up costs of $1.6 million
in 2009-10 and fee-supported annual costs of $700,000 to
$800,000 in 2010-11 and $600,000 in 2011-12 to establish
policies and processes, promulgate regulations, and create the
registry.
2)On-going annual costs may be significantly less, assuming the
registry runs smoothly.
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COMMENTS
1)Rationale . This bill, sponsored by the California Health and
Human Services Agency, addresses a range of significant issues
with regard to the status and discipline of EMT statewide. The
bill creates statewide processes related to background checks
and increases data about these checks and disciplinary
processes and outcomes. In addition, this bill clarifies
authority at the state and local levels with regard to these
issues.
This bill is similar to AB 941 (Torrico), in 2007, which was
vetoed due to concerns about penalties, investigation
timelines, and local authority to conduct investigations.
2)Increased Scrutiny Identified Concerns . In recent years a
series of articles and investigations by the Sacramento Bee
and the Los Angeles times have highlighted inconsistent and
disconcerting EMT disciplinary enforcement. The result has
been EMT with various and significant criminal backgrounds
acquiring and/or maintaining licenses. Criminal infractions
have included child sexual abuse, domestic violence, patient
neglect, and narcotic convictions.
3)Background Checks . Statewide, there are 61 EMT certifying
authorities: 31 LEMSA and 30 public safety agencies. Only 17
of the 31 LEMSAs require DOJ background checks. Data about the
public safety agency checks has not been collected. According
to DOJ rules, the certifying agencies that require criminal
background checks cannot share the criminal history
information with each other when an EMT applies to work in
another jurisdiction. The DOJ rules require an EMT to be
fingerprinted again in the new jurisdiction, increasing the
time and cost for EMT to be certified.
4)Lack of state-level licensing and registry . California is the
only state that does not certify EMT at the state level. In
addition, EMT are the only allied health professionals in
California who are not state-licensed and the state lacks a
statewide registry on EMT licensure. When other states need to
verify a California EMT or certificate, it is very difficult
for them to determine which of the 61 certifying agencies to
contact for verification information. The EMT is often not
able to identify their certifying agency.
AB 2917
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Analysis Prepared by : Mary Ader / APPR. / (916) 319-2081