BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1931 (Rodriguez) - Emergency medical services: paramedics:
discipline
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|Version: April 25, 2016 |Policy Vote: HEALTH 7 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: June 27, 2016 |Consultant: Brendan McCarthy |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 1931 would change the process for performing disciplinary
investigations of emergency medical technician-paramedics, by
giving an employer the initial responsibility for conducting
investigations.
Fiscal
Impact:
One-time costs of $265,000 over two years for the Emergency
Medical Services Authority to revise existing regulations
relating to disciplinary investigations (General Fund).
Ongoing costs of about $140,000 per year for the Emergency
Medical Services Authority to conduct investigations in an
expedited manner if the Authority does not agree with the
findings and recommendation of an employer conducting an
initial disciplinary investigation (General Fund). Under the
bill, employers would have the ability to conduct the initial
investigation and impose discipline. The Authority would then
have the ability to review those findings and conduct its own
AB 1931 (Rodriguez) Page 1 of
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investigation if the Authority does not agree with the
findings of the employer. Under current law, disciplinary
proceedings against a firefighter generally must be completed
within one year. The Authority anticipates that many
investigations initially conducted by an employer may not be
resolved until close to the one-year deadline. In those cases,
the Authority will need additional staff to conduct expedited
investigations under the existing deadline.
Background: There are three levels of emergency medical technician (EMT)
in the state: EMT-I, EMT-II, and EMT-P (paramedic). Under
current law, EMT-Is and EMT-IIs are certified by local emergency
medical services agencies. On the other hand, EMT-Ps are
licensed by the state Emergency Medical Services Authority (the
Authority) and the Authority has primary responsibility to
conduct disciplinary investigations when allegations of
misconduct regarding EMT-Ps arise.
Under current law, investigations and disciplinary proceedings
against EMT-Is and EMT-IIs can be conducted by the employer. If
the employer does not wish to conduct the investigation, it is
conducted by the certifying entity (usually a local emergency
medical services agency or LEMSA). There are requirements in law
about notifications between employers, certifying entities, and
the Authority.
Current law, the "Firefighters Procedural Bill of Rights",
provides for specified protections for firefighters undergoing
disciplinary investigations. One of the protections in current
law is one-year limitation on the duration of investigations
(with certain exceptions).
Proposed Law:
AB 1931 would change the process for performing disciplinary
investigations of emergency medical technician-paramedics
(EMT-Ps), by giving an employer the initial responsibility for
an conducting investigation. If an employer does not wish to
conduct an investigation, the Authority would do so.
Related
Legislation: AB 1944 (Gatto, 2012) was similar to this bill.
AB 1931 (Rodriguez) Page 2 of
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That bill was held on this committee's Suspense File.
Staff
Comments: Under current law, the state licenses EMT-Ps and has
the responsibility to investigate and take disciplinary action
against EMT-Ps who have violated existing law or regulations
relating to their professional responsibilities. Employers of
EMT-Ps retain the authority to take disciplinary action relating
to an EMT-P's employment. This regulatory scheme is analogous to
those used to regulate other professions and vocations licensed
by the state. Under the bill, primary authority to enforce
licensing and practice requirements for EMT-Ps would be
delegated by the state to employers. The bill would still afford
the Authority to conduct its own investigations, should the
Authority disagree with the findings or actions of an employer.
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