BILL NUMBER: AB 1621 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 9, 2014
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 services
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 utilize its California
Emergency Medical Services Information System (CEMSIS) and adopt
minimum standards a single statewide standard
for the collection of information regarding prehospital care
to determine and monitor the quality and effectiveness of the
statewide emergency medical services 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. The bill would require the
authority to develop regulations and standards for electronic patient
care record systems used by local emergency medical
services EMS agencies and local prehospital
emergency medical services EMS
providers to ensure compatibility with 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
utilize its California Emergency Medical Services Information System
(CEMSIS) and adopt minimum standards a single
statewide standard for the collection of information regarding
prehospital care to determine and monitor the quality and
effectiveness of the statewide emergency medical services
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) The authority shall comply with this section on or before July
1, 2016.
(b) (1) The authority shall develop regulations and standards for
electronic patient care record systems used by local
emergency medical services EMS agencies and
local prehospital emergency medical services
EMS providers to ensure compatibility with CEMSIS, including,
but not limited to, a common data dictionary, integration of first
responder data and data, transport
provider data, and patient outcome data, and compliant
with current NEMSIS standards and privacy requirements in state and
federal law. Privacy requirements shall ensure that all patient data
obtained from emergency medical service EMS
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 EMS providers under
state and federal law.
(2) The regulations and standards developed by the authority shall
describe minimum standards for the
purposes purpose of standardizing data
collection and encouraging compatibility between systems.
collection. 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.
(3) The authority shall consult with stakeholders in the
development of standards and compatibility with CEMSIS, including air
ambulance providers and other entities not included in the
California Commission on Emergency Medical Services membership.
(4) Local emergency medical services EMS
agencies and local prehospital emergency medical
services EMS 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.
(c) Local EMS agencies shall submit patient information consistent
with the requirements of paragraph (1) of subdivision (a) to the
authority in a timely manner, using national
NEMSIS standards and electronic transfer when available.
(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.
(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.
(f) This section and any rules and regulations promulgated
pursuant to this section shall only be implemented
only 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.