BILL NUMBER: AB 1621 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 23, 2014
AMENDED IN ASSEMBLY APRIL 21, 2014
INTRODUCED BY Assembly Members Lowenthal and Rodriguez
FEBRUARY 6, 2014
An act to add Section 1797.119 to the Health and Safety Code,
relating to emergency medical services.
LEGISLATIVE COUNSEL'S DIGEST
AB 1621, as amended, Lowenthal. Emergency medical services: data
and information system.
Existing law, the Emergency Medical Services System and the
Prehospital Emergency Medical Care Personnel Act, governs local
emergency medical service systems. The act establishes the Emergency
Medical Services Authority, which is responsible for the coordination
and integration of all state agencies concerning emergency medical
services. Existing law also creates the Commission on Emergency
Medical Services, and requires the commission to perform various
duties regarding the authority and emergency medical services.
Existing law requires the authority to develop planning and
implementation guidelines for emergency medical services systems that
address data collection and evaluation, among other things. Existing
law requires the commission to review and approve regulations,
standards, and guidelines developed by the authority.
This bill would require the authority to develop and
adopt minimum standards for maintaining and implementing a State
Emergency Medical Services Data and Information System (SEMSDIS),
which would include, among other things, data and information
relating to prehospital care and specialty care, for purposes of
determining and monitoring the quality and effectiveness of the
statewide emergency medical system. utilize
its California Emergency Medical Services Information System
(CEMSIS) and adopt minimum standards for the collection of
information regarding prehospital care to determine and monitor the
quality and effectiveness of the statewide emergency medical system,
compliant with the most current National Emergency Medical
Services Information System (NEMSIS) standards, and to avoid
unnecess ary duplication of data collection at the local
level. The bill would require the authority to develop
guidelines regulations and standards for
electronic patient care record systems used by local emergency
medical services agencies and local prehospital emergency medical
services providers' electronic patient care record systems
providers to ensure compatibility with
SEMSDIS. The bill would require emergency medical services providers
and hospitals that receive emergency medical services patients to
perform specified tasks concerning SEMSDIS. CEMSIS.
The bill would require the authority to comply with its
provisions on or before July 1, 2016. The bill would require the
authority to post proposed rules and to notify the public with regard
to commenting on the proposed rules, as specified.
The bill would also require local EMS agencies to submit specified
information to the authority. By imposing new duties on local
officials, the bill would impose a state-mandated local program.
The bill would provide that all of the above provisions and any
rules or regulations adopted pursuant to those provisions would only
be implemented to the extent that funds are made available through an
appropriation in the annual budget act.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1797.119 is added to the Health and Safety
Code, to read:
1797.119. (a) (1) In order to fulfill the authority's
responsibility to assess emergency medical services and their
effectiveness as required by Section 1797.102, the authority shall
develop a State Emergency Medical Services Data and
Information System (SEMSDIS), and, after approval by the commission,
adopt minimum standards for maintaining and implementing SEMSDIS.
utilize its California Emergency Medical
Services Information System (CEMSIS) and adopt minimum standards for
the collection of information regarding prehospital care
to determine and monitor the quality and effectiveness of the
statewide emergency medical system, compliant with the most current
National Emergency Medical Services Information System (NEMSIS)
standards, and to avoid unnecessary duplication of data collection at
the local level.
(2) SEMSDIS shall include, but not be limited to, data and
information relating to prehospital care and specialty care.
(3) The purpose of SEMSDIS shall be to determine and monitor the
quality and effectiveness of the statewide emergency medical system.
(4)
(2) The authority shall comply with this section on or
before July 1, 2016.
(b) (1) The authority shall develop guidelines
regulations and standards for local emergency
medical services agencies and local prehospital emergency medical
services providers' electronic patient care record systems
used by local eme rgency medical services agencies
and local prehospital emergency medical services providers
to ensure compatibility with SEMSDIS,
CEMSIS, including, but not limited to, a common data
dictionary, integration of first responder data and transport
provider data, and patient outcome data, consistent
compliant with current national
NEMSIS standards and privacy requirements in
state and federal law. Privacy
requirements shall ensure that all patient data obtained from
emergency medical service providers for the purpose of this section
is subject to legal privacy and security standards consistent with
privacy and security protections for personal health data in the
possession of emergency medical services providers under state and
federal law.
(2) The regulations and standards developed by the authority shall
describe minimum standards for the purposes of standardizing data
collection and encouraging compatibility between systems. The
regulations and standards shall allow the use of any prehospital
electronic patient record system, provided that the system is
compatible with CEMSIS, compliant with NEMSIS, and meets the
standards set by the authority.
(2)
(3) The authority shall consult with stakeholders in
the development of standards and SEMSDIS,
compatibility with CEMSIS, including air ambulance providers
and other entities not included in the California Commission on
Emergency Medical Services membership.
(c) Prehospital emergency medical services providers shall do all
of the following concerning SEMSDIS:
(1) Implement the electronic collection of prehospital care
reports using standard procedures, definitions, and interoperable
coding as adopted by the authority in the minimum standards described
in paragraph (1) of subdivision (a) and paragraph (1) of subdivision
(b). For purposes of this paragraph, "prehospital care reports"
include, but are not limited to, documentation of the event,
incident, or medical condition precipitating the need for emergency
medical services, the treatment provided, and the patient's medical
history.
(2) Submit completed electronic patient care reports to the local
EMS agency in a timely manner.
(4) Local emergency medical services agencies and local
prehospital emergency medical services providers that upgrade or
purchase an electronic patient care record system on or after the
date the authority issues final guidance pursuant to paragraph (1)
shall ensure that the system complies with standards contained in
that guidance.
(d)
(c) Local EMS agencies shall submit patient information
consistent with the requirements of paragraph (1) of subdivision (a)
and paragraph (1) of subdivision (b), to the
authority in a timely manner, using national standards and
electronic transfer when available.
(e)
(d) The authority, in order to exercise the powers and
perform the duties conferred upon it by this chapter, and in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of the Government Code, shall adopt, amend, or repeal
any rules, regulations, or standards as may be necessary.
(f)
(e) The authority shall post any proposed
rules promulgated under this section on its public Internet Web site
no later than 90 calendar days prior to the effective date of the
proposed rule, which shall also include notification to the public
regarding how members of the public may comment, including the date
by which those comments must be received in order to be considered by
the authority.
(g)
(f) This section and any rules and
regulations promulgated pursuant to this section shall only be
implemented to the extent that funds are made available through an
appropriation in the annual Budget Act.
SEC. 2. If the Commission on State Mandates determines that this
act contains 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.