California Legislature—2015–16 Regular Session

Assembly Bill No. 1931

Introduced by Assembly Member Rodriguez

February 12, 2016

An act to amend Section 1798.200 of the Health and Safety Code, relating to public health.

LEGISLATIVE COUNSEL’S DIGEST

AB 1931, as introduced, Rodriguez. Emergency medical services: technicians.

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 training, scope of practice, and continuing education for emergency medical technicians and other prehospital personnel, including Emergency Medical Technician-I (EMT-I), Emergency Medical Technician-II (EMT-II), and Emergency Medical Technician Paramedic (EMT-P) designations. The act authorizes an employer of an EMT-I or EMT-II to conduct investigations and take disciplinary action against an EMT-I or EMT-II who is employed by that employer for specified conduct, and authorizes the authority to, among other things, deny, suspend, or revoke any EMT-P license for the same specified conduct.

This bill would make a technical, nonsubstantive change to that provision.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

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 the 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 met:

(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
holder 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 begin delete which end delete begin insert that end insert 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 Part 2.6 (commencing with Section 56) of Division 1 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).