AB 2406,
as amended, Rodriguez. begin deleteEmergency Medical Services Authority: misuse of emergency medical services. end deletebegin insertBattery: gassing.end insert
Existing law provides that every person confined in a local detention facility, state prison, or under the jurisdiction of the Division of Juvenile Facilities of the Department of Corrections and Rehabilitation, who commits a battery upon the person of a peace officer by “gassing,” as defined, is guilty of aggravated battery.
end insertbegin insertThis bill would provide that a person who commits battery upon the person of specified individuals, including emergency medical technicians, by gassing is guilty of aggravated battery, punishable by imprisonment in the county jail not exceeding 6 months, a fine not exceeding $1,000, or both.
end insertbegin insertThe bill would also authorize a law enforcement agency, if there is probable cause to believe a violation has occurred, to order the individual suspected of a violation to be tested for communicable diseases, and would require the results of the tests to be provided to the person who has been subject to a reported or suspected violation.
end insertbegin insertBy creating a new crime, this bill would impose a state-mandated local program.
end insertbegin insertThe 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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertExisting law requires the Emergency Medical Services Authority to develop planning and implementation guidelines for emergency medical services (EMS) systems that address several components, including, but not limited to, manpower and training, communications, transportation, and assessment of hospitals and critical care centers.
end deleteThis bill would require the authority, no later than July 31, 2016, to prepare and submit a report to the Legislature identifying programs that have been implemented in the state by local EMS agencies to address the misuse of emergency medical services. The bill would require the report to include a summary of specified information on the various approaches applied to serve those frequent EMS user transports and any recommendations for the implementation of a statewide program to address the misuse of emergency medical services. The bill would specify that the authority may satisfy the report requirement described above by working in partnership with and directing a nonprofit agency to compile and publish the information required in the report, or in lieu of a report, the bill would authorize the authority to provide for a discussion of innovative programs before local emergency medical services agencies, local governments, and private agencies that addresses the misuse of emergency medical services.
end deleteThe bill would make legislative findings and declarations relating to the misuse of emergency medical services.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 243.93 is added to the end insertbegin insertPenal Codeend insertbegin insert, to
2read:end insert
(a) Every person who commits battery by gassing
2upon the person of a peace officer, as defined in Chapter 4.5
3(commencing with Section 830) of Title 3 of Part 2, hospital or
4nursing home employee, physician, medical professional,
5ambulance attendant, emergency medical technician, firefighter,
6or custodial officer, is guilty of aggravated battery, punishable by
7imprisonment in the county jail not exceeding six months, a fine
8not exceeding one thousand dollars ($1,000), or both that fine and
9imprisonment.
10(b) For purposes of this section, “gassing” means intentionally
11placing or throwing, or causing to be placed or thrown, upon the
12person of another, any human excrement or other bodily fluids or
13bodily substances or any mixture containing
human excrement or
14other bodily fluids or bodily substances that results in contact with
15the person’s skin, hair, or membranes.
16(c) Every available means shall be used to immediately
17investigate all reported or suspected violations of subdivision (a),
18including, but not limited to, the use of forensically acceptable
19means of preserving and testing the suspected gassing substance
20to confirm the presence of human excrement or other bodily fluids
21or bodily substances. If there is probable cause to believe a
22violation of subdivision (a) has occurred, when it is deemed
23medically necessary to protect the health of a person who may
24have been subject to a violation of this section, a law enforcement
25agency may order the individual suspected of a violation of
26subdivision (a) to receive an examination or test for hepatitis,
27tuberculosis, or any other disease that is capable of being
28transmitted from contact with the human fluid or substance
29involved, on
either a voluntary or involuntary basis immediately
30after the event, and periodically thereafter as determined to be
31necessary in order to ensure that further disease transmission does
32not occur. These decisions shall be consistent with an occupational
33exposure as defined by the federal Centers for Disease Control
34and Prevention. The results of any examination or test shall be
35provided to the person who has been subject to a reported or
36suspected violation of this section. Any person performing tests,
37transmitting test results, or disclosing information pursuant to this
38section shall be immune from civil liability for any action taken
39in accordance with this section.
P4 1(d) This section does not preclude prosecution under both this
2section and any other provision of law.
No reimbursement is required by this act pursuant to
4Section 6 of Article XIII B of the California Constitution because
5the only costs that may be incurred by a local agency or school
6district will be incurred because this act creates a new crime or
7infraction, eliminates a crime or infraction, or changes the penalty
8for a crime or infraction, within the meaning of Section 17556 of
9the Government Code, or changes the definition of a crime within
10the meaning of Section 6 of Article XIII B of the California
11Constitution.
The Legislature finds and declares all of the
13following:
14(a) Nonemergency calls are overloading the 911 system.
15(b) The most common
reasons that lead individuals to overutilize
16emergency medical services transportation and emergency
17departments include homelessness, mental illness, extreme poverty,
18multiple health concerns, chronic physical conditions, substance
19abuse, and, most frequently, a lack of understanding of the health
20care system and the availability of more effective and appropriate
21alternatives.
22(c) Frequent users of emergency medical services, commonly
23referred to as ambulance “frequent flyers,” are costing California
24cities millions of dollars. According to the EMS Medical Director
25of the County of San Diego Emergency Medical Services, for
26example, 1,136 frequent users
utilized the emergency medical
27services (EMS) system at least six times in 2012 and generated
28more than $20 million in ambulance and paramedic charges.
Section 1797.122 is added to the Health and Safety
30Code, to read:
(a) Except as provided in subdivision (d), the
32authority shall prepare and submit a report to the Legislature
33identifying programs that have been implemented in the state by
34local emergency medical services agencies to address the misuse
35of emergency medical services. The report shall include all of the
36following:
37(1) A summary of the different programs implemented by local
38emergency medical services agencies to address the misuse of
39emergency medical services, including specific information
on the
P5 1various approaches applied to serve those frequent EMS user
2transports, such as:
3(A) Identification and prioritization.
4(B) Medical assessments.
5(C) Care management or comprehensive care.
6(D) Ongoing support via home visits or telephone calls.
7(E) Support to the patient and family by directing the patient
8and his or her family to available resources such as health insurance
9coverage, access to primary care and mental health services,
10
transportation, and other relevant social services.
11(F) The financial impact of servicing frequent EMS user
12transports, including funding sources and the costs of providing
13these services.
14(G) Best practices.
15(H) Cost-saving measures to offset frequent EMS user transport
16expenses.
17(2) Any recommendations for the implementation of a statewide
18program to address the misuse of emergency medical services.
19(b) The report shall be submitted to the Legislature no later than
20July 31, 2016.
21(c) (1) A report submitted pursuant to subdivision (a) shall be
22submitted in compliance with Section 9795 of the Government
23Code.
24(2) Pursuant to Section 10231.5 of the Government Code, this
25section is repealed on January 1, 2019.
26(d) To satisfy the report requirement described in subdivision
27(a), the authority may do either of the following:
28(1) Work in a partnership with and direct a nonprofit agency to
29compile and publish the information described in subdivision (a).
30The authority shall provide this information to the Legislature in
31accordance with subdivisions (b) and (c).
32(2) In lieu of a report, the authority may provide for a discussion
33of innovative programs before local emergency services agencies,
34local governments, and private agencies that addresses the misuse
35of emergency medical services.
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