BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HEALTH
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:                    AB 1931             
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          |AUTHOR:        |Rodriguez                                      |
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          |VERSION:       |April 25, 2016                                 |
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          |HEARING DATE:  |June 8, 2016   |               |               |
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          |CONSULTANT:    |Vince Marchand                                 |
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           SUBJECT  :  Emergency medical services:  paramedics:  discipline

           SUMMARY  :  Adds Emergency Medical Technician-Paramedics to the provisions  
          of law governing the procedures for investigations and  
          disciplinary actions that are current law for Emergency Medical  
          Technician-Is and IIs.
          
          Existing law:
          1)Establishes the Emergency Medical Services Authority (EMSA)  
            within the California Health and Human Services Agency, and  
            requires the director of EMSA to be a physician appointed by  
            the Governor.  

          2)Requires EMSA, among other things, to develop planning and  
            implementation guidelines for emergency medical services  
            systems which address specified components, including manpower  
            and training, communications, transportation, system  
            organization and management, data collection and evaluation,  
            and disaster response.

          3)Establishes the EMS Commission within the California Health  
            and Human Services Agency, composed of 18 members appointed by  
            the Governor, the Speaker of the Assembly, and the Senate  
            Committee on Rules to represent specified entities,  
            professions and associations.

          4)Requires the EMS Commission to review and approve regulations,  
            standards and guidelines to be developed by EMSA for  
            implementation of the EMS System and the Prehospital Emergency  
            Medical Care Personnel Act.

          5)Defines "Emergency Medical Technician-I" or "EMT-I" as an  
            individual trained in all facets of basic life support, as  







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            specified. Defines an "Emergency Medical Technician-II,"  
            "EMT-II," "Advanced Emergency Medical Technician," or  
            "Advanced EMT" as an EMT-I with additional training in limited  
            advanced life support according to specified standards. Both  
            EMT-Is and EMT-IIs are certified at the local level.

          6)Defines "Emergency Medical Technician-Paramedic," "EMT-P,"  
            "paramedic" or "mobile intensive care paramedic" means an  
            individual whose scope of practice includes the ability to  
            provide advanced life support, as specified, including  
            administering specified medications.  EMT-Ps are licensed and  
            regulated at the state level through EMSA.
          
          This bill:
          1)Requires EMSA to develop and adopt guidelines for disciplinary  
            orders, temporary suspensions, and conditions of probation for  
            EMT-P license holders, in addition to the existing requirement  
            that they develop and adopt these guidelines for EMT-I and  
            EMT-II certificate holders (when referring to EMT-Is, EMT-IIs  
            and EMT-Ps collectively, "EMTs").

          2)Adds EMT-Ps to the provisions of law governing the procedures  
            for investigations and disciplinary actions that currently  
            exist for EMT-Is and EMT-IIs. Specifically, this bill adds  
            EMT-Ps to laws that do the following:

                  a)        Permit an employer of an EMT to conduct  
                    investigations, and take disciplinary action, against  
                    an EMT for specified conduct violations, and require  
                    the employer to notify the regulating entity of the  
                    EMT within three days when an allegation has been  
                    validated as a potential conduct violation.

                  b)        Require each employer of an EMT to notify the  
                    regulating entity within three days after the EMT is  
                    terminated or suspended for a disciplinary cause, the  
                    EMT resigns following notification of an impending  
                    investigation, or the EMT is removed from EMT-relat4ed  
                    duties for a disciplinary cause.

                  c)        Require the director of the EMT's regulating  
                    entity to conduct the investigation and take any  
                    necessary disciplinary action against an EMT who is  
                    not employed by an ambulance service or public safety  
                    agency, or if that ambulance service or public safety  








          AB 1931 (Rodriguez)                                Page 3 of ?
          
          
                    agency chooses not to conduct an investigation.

                  d)        Permit the director of the EMT's regulating  
                    entity to deny, suspend, or revoke any EMT certificate  
                    or license, or place an EMT on probation, upon a  
                    finding that  the EMT employer failed to impose  
                    discipline according to the guidelines for  
                    disciplinary orders.

                  e)        Permit the director of the EMT's regulating  
                    entity, after consultation with the EMT's employer, to  
                    temporarily suspend, prior to a hearing, an EMT  
                    certificate or license upon a determination that the  
                    EMT has engaged in acts or omissions that constitute  
                    grounds for revocation of their certificate or  
                    license, and that permitting the EMT to continue to  
                    practice without restriction would pose an imminent  
                    threat to the public health or safety.

                  f)        Require the regulating entity, if it  
                    temporarily suspends an EMT, to notify the EMT, and  
                    within three working days, to jointly investigate,  
                    with the EMT's employer, the allegation in order to  
                    make a determination of the continuation of the  
                    temporary suspension.

                  g)        Require the regulating entity to refer, for  
                    investigation and discipline, any complaint received  
                    on an EMT to the relevant employer within three days  
                    of receipt of the complaint.

          3)Defines "regulating entity," for purposes of the provisions of  
            law governing investigations and disciplinary actions of EMTs,  
            as either of the following:

                  a)        For purposes of EMT-I and EMT-II certificate  
                    holders, the LEMSA that has jurisdiction; or,

                  b)        For purposes of EMT-P license-

                  c)        holders, EMSA, and when requiring a report or  
                    notification regarding an EMT-P, "regulating entity"  
                    refers to both the LEMSA and EMSA.

          4)Requires proceedings against any EMT-P licenseholder to be  








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            held in accordance with specified provisions of law governing  
            administrative adjudication formal hearings.

          5)Clarifies that employers of EMTs are required to notify the  
            regulating entity of the EMT of validated allegations and  
            disciplinary actions taken, regardless of the county where the  
            alleged violation occurred.

          6)Makes other conforming changes, including deleting provisions  
            of law requiring EMT-P employers to report disciplinary action  
            to the LEMSA, which would no longer be necessary with EMT-Ps  
            being added to the disciplinary provisions applicable to  
            EMT-Is and IIs, which already require sharing of disciplinary  
            information between employers and LEMSAs.

           FISCAL  
          EFFECT  :  According to the Assembly Appropriations Committee:  
          staff costs of $130,000 GF per year for two years to EMSA to  
          promulgate regulations.

           PRIOR  
          VOTES  :  
          
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          |Assembly Floor:                     |78 - 0                      |
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          |Assembly Appropriations Committee:  |20 - 0                      |
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          |Assembly Health Committee:          |18 - 0                      |
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          COMMENTS  :
          1)Author's statement.  According to the author, this bill enacts  
            a disciplinary oversight system for California's paramedics  
            (EMT-Ps) that is similar to the system currently applicable to  
            EMT-Is and EMT-IIs, as approved by this Legislature and  
            Governor in 2007. EMS providers, local EMS agencies and the  
            state Emergency Medical Services Authority have a cooperative  
            obligation to maintain the consistency of medical policies and  
            procedures and the imposition of disciplinary action. This  
            bill ensures swift and appropriate disciplinary intervention  
            when necessary, but enacts the appropriate safeguards so our  
            paramedics, also known as EMT-Ps, won't be reprimanded twice  
            or more after disciplinary action has been taken against them.  








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            Currently, multiple agencies can investigate the actions of  
            EMT-Ps.  However, there is no requirement that these agencies  
            coordinate or communicate with each other during the course of  
            the investigation. 

          2)Background on emergency medical services.  EMSA is lead agency  
            and centralized resource to oversee emergency and disaster  
            medical services.  EMSA is charged with providing leadership  
            in developing and implementing local emergency medical  
            services systems (called local EMS agencies, or LEMSAs)  
            throughout California and setting standards for the training  
            and scope-of-practice of various levels of EMS personnel.  
            Day-to-day EMS system management is the responsibility of the  
            local and regional EMS agency. California has 32 LEMSA systems  
            that provide EMS for California's 58 counties. Regional  
            systems are usually comprised of small, more rural,  
            less-populated counties and single-county systems generally  
            exist in the larger and more urban counties. There are seven  
            regional EMS agencies comprised of 33 counties and 25  
            single-county agencies. Among other responsibilities, EMSA  
            develops and implements regulations that set training  
            standards and the scope of practice for emergency medical  
            personnel: EMT-Is and EMT-IIs, EMT-Ps, mobile intensive care  
            nurses, firefighters, peace officers, and lifeguards..

          3)EMT-Is and IIs.  An EMT is a specially trained and certified  
            or licensed professional who renders immediate medical care in  
            the pre-hospital setting to seriously ill or injured  
            individuals. California has three levels of EMTs:  EMT-I  
            (basic), EMT-II (also known as Advanced EMT); and, EMT-P  
            (paramedic). To be certified as an EMT, an applicant must  
            successfully complete a training program and pass a written  
            and skills certifying examination. EMT-Is and EMT-IIs are  
            certified by a LEMSA or a certifying entity such as a fire or  
            police department according to guidelines and regulations  
            developed by EMSA, including criminal background checks. The  
            responsibility for disciplinary investigations, suspensions,  
            and revocations is shared by the LEMSA, ambulance service  
            employers licensed by the California Highway Patrol, and fire  
            and other public safety agencies. According to EMSA, there are  
            more than 59,532 EMT-Is certified in California, while there  
            are 106 EMT-IIs, utilized mostly in rural areas where they may  
            be the only EMS responder. 
          
          4)EMPT-Ps.  Paramedics must meet significantly higher training  








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            requirements compared to EMT-Is and IIs, and have a  
            significantly broader scope of practice. There are 21,752  
            EMT-Ps licensed in California. In 1993, EMSA took over the  
            licensure of paramedics from the LEMSAs. EMSA has the  
            responsibility to review the license applications to ensure  
            that licensing requirements are met, including training,  
            testing, and continuing education, and completion of criminal  
            background checks for initial EMT-P licensure applicants and  
            for those whose licenses have lapsed for more than a year.  
            EMSA also investigates and prosecutes complaints regarding  
            paramedic pre-hospital care, inappropriate conduct, and other  
            related issues, including information revealed from the  
            criminal background checks.
          
          5)Prior legislation. SB 1378 (Hancock of 2012), would have  
            required the medical director of a LEMSA to evaluate the good  
            character and rehabilitation of an EMT-I or EMT-II applicant  
            who has a prior criminal conviction before denying a  
            certificate. SB 1378 was held on the Senate Appropriations  
            Suspense File.

          AB 1944 (Gatto of 2012), would have revised the process relating  
            to disciplinary actions for cause against an EMT-P, including  
            by increasing employer authority over disciplinary  
            investigations and actions. AB 1944 was held on the Senate  
            Appropriations Suspense File.

            AB 2917 (Torrico, Chapter 274, Statutes of 2007), requires  
            EMSA to establish a statewide EMT registry and to develop  
            standards, guidelines, and regulations for certification of  
            specified EMTs. AB 2917 also establishes rules for EMT  
            certification and discipline and for investigation of any  
            conduct which threatens public health and safety, as defined.

            AB 1655 (Negrete McLeod, Chapter 513, Statutes of 2004),  
            provides more flexibility and allows the imposition of  
            administrative fines instead of suspending an EMT-P if the  
            violation did not result in actual harm to a patient and if  
            the paramedic had no record of discipline by EMSA for five  
            years. AB 1655 also requires employers of EMT-Ps to report  
            certain disciplinary actions to EMSA and to permit EMSA to  
            share the results of an investigation into a paramedic's  
            misconduct with the EMT-P's employer and the LEMSA.

          6)Support.  This bill is sponsored by the California  








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            Professional Firefighters (CPF), which states that all  
            professional firefighters are trained as EMTs and in many - if  
            not most - cases, as EMT-Ps as a condition of employment. CPF  
            states that they believe in being held to the highest  
            standards for training and performance in the protection of  
            the public's safety, especially in the area of emergency  
            medical care. According to CPF, EMS providers, LEMSAs and EMSA  
            have a cooperative obligation to maintain the consistency of  
            medical policies and procedures and the imposition of  
            disciplinary action when necessary. While the state issues  
            licenses to EMT-Ps, CPF notes that multiple agencies and  
            levels of government - from a fire department employer and  
            LEMSA to the state EMSA - retain the authority to investigate  
            the actions of an EMT-P and impose discipline without an  
            effective system of coordination or communication with each  
            other during the course of an investigation or when imposing  
            such discipline. As a result, CPF states that discipline may  
            be imposed on a paramedic licenseholder by one oversight  
            agency without regard for any appropriately-administered  
            discipline already imposed by another oversight agency.  
            According to CPF, because the coordinated system made  
            applicable to EMT-Is and IIs nearly a decade ago does not  
            apply to EMT-Ps, this bill is needed to ensure that any EMT-P  
            discipline imposed is timely, decisive, and appropriate.
           
          SUPPORT AND OPPOSITION  :
          Support:  California Professional Firefighters (sponsor)
          
          Oppose:   None received
          
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