BILL ANALYSIS
AB 941
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 941 (Torrico)
As Amended September 7, 2007
2/3 vote. Urgency
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|ASSEMBLY: | |(May 10, 2007) |SENATE: | |(September 11, 2007) |
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(vote not relevant) (vote not available)
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|COMMITTEE VOTE: |13-0 |(September 11, |RECOMMENDATION: |concur |
| | |2007) | | |
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Original Committee Reference: B. & F.
SUMMARY : Revises the disciplinary authority of local emergency
medical services agencies (LEMSAs) with regard to emergency medical
technicians (EMTs). Specifically, this bill :
The Senate amendments delete the Assembly version of this bill, and
instead:
1)Require the Emergency Medical Services Authority (EMSA) to
maintain a central registry for monitoring and tracking of EMT-I
and EMT-II certification status and EMT-Paramedic (EMT-P)
licensure status, to be used by LEMSAs and employers of EMTs.
Require the registry to include the name of each EMT certificated
or licensed person, the issuing agency, date of issue, status of
license or certificate, and background check information. Make
the registry contingent on a specific Budget appropriation if
additional funds are needed for this purpose.
2)Require LEMSAs to provide certification status updates within
three working days following a certification status change.
3)Require emergency medical service providers to verify that a
background check is completed on each EMT certificate holder and
submit the certification data required by this bill.
4)Require EMSA to establish recommended guidelines for all of the
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following:
a) Disciplinary orders, temporary suspensions, and conditions
of probation to be used by emergency medical services (EMS)
providers and LEMSAs when imposing disciplinary action;
b) The issuance and renewal of EMT-I and EMT-II certificates
by EMS providers and LEMSAs as specified; and,
c) Disciplinary hearings for EMT-I and EMT-II personnel.
5)Require EMS providers to do all of the following:
a) Conduct investigations, as necessary, and take disciplinary
action against EMTs employed by the EMS provider for conduct
that is considered a threat to public safety, as defined (see
#9) below);
b) Develop and implement disciplinary plans established in
accordance with the state guidelines developed by EMSA; and,
c) Notify the LEMSA of the disciplinary plan, which may also
contain a recommendation that the LESMA consider taking action
against the EMT's certification.
6)State that any information reported or disclosed by an employer
pursuant to the employer's investigation or disciplinary action
is deemed to be an investigatory communication exempt from
disclosure under the Public Records Act.
7)Require a LESMA to conduct investigations and disciplinary
actions of unemployed EMT-I and EMT-II personnel.
8)Revise the LEMSAs authority to deny, suspend, or revoke an EMT-I
or EMT-II certificate by adding the following provisions:
a) Require the LEMSA to follow the disciplinary hearing
procedures established by EMSA;
b) Permit the LEMSA to take disciplinary action, if one of the
following is true, for conduct that is considered a threat to
public safety, as defined (see #9) below):
i) The EMS provider recommended certification action in
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the disciplinary plan;
ii) The EMS provider failed to impose discipline, or
the medical director makes a finding that the discipline
imposed was not sufficient and the act or omission
constitutes grounds for certification action; or,
iii) The LEMSA determines that disciplinary action
against the certificate is necessary for a person not
employed as an EMT.
9)Permit a LEMSA to refer to EMSA the task of performing the
LEMSA's duties under #7) above.
10) Add the following to the current list of actions that are
evidence of a threat to the public health and safety:
a) Denial of licensure or certification in another state or by
any other California licensing entity;
b) Impersonating an applicant or acting as a proxy in an exam
or continuing education;
c) Making a false statement in connection with the application
for a certification or license;
d) Impersonating another practitioner, or permitting another
to impersonate a practitioner of emergency medical services;
e) Obtaining or possessing a controlled substance;
f) Use of controlled substances, prescription drugs or alcohol
that is dangerous to the EMT or another person, or the public,
or that impairs the EMT's ability to perform his or her
duties;
g) Conviction of a criminal offense involving the
prescription, consumption or self-administration of controlled
substances or alcohol, or the possession or falsification of a
prescription record;
h) Being committed or confined by a court for intemperate use
of or addiction to controlled substances or alcohol; and,
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i) Falsifying or making grossly incorrect entries in any
hospital, patient, or other record pertaining to controlled
substances.
11) State that this bill shall not be construed to limit or
impair the medical control of the medical director of a LEMSA
granted pursuant to existing law.
12) Include an urgency clause, allowing this bill to take effect
immediately upon enactment.
EXISTING LAW :
1)Permits the medical director of the LEMSA, in accordance with
regulations, to deny, suspend, or revoke any EMT-I or EMT-II
certificate issued, or to place any EMT-I or EMT-II certificate
holder on probation, upon the finding by the medical director of
the occurrence of actions, as specified.
2)Requires EMSA to ensure that the LEMSA's disciplinary policies
and procedures are, at a minimum, effective in protecting the due
process rights of any EMT-I or EMT-II certificate holder, in
accordance with the Administrative Procedures Act, as specified.
3)Requires an EMT-P employer to report in writing to the LEMSA and
the EMSA, and provide all supporting documentation within 30
days, if an EMT-P is terminated or suspended for disciplinary
reasons, resigns following notice of an impending investigation,
or is removed from duty for disciplinary reasons. States that
the information reported or disclosed pursuant to this provision
is deemed to be an investigatory communication exempt from
disclosure under the Public Records Act.
AS PASSED BY THE ASSEMBLY , this bill authorized a real estate
broker and lender to provide the borrower with the option to
receive specific documents connected with a loan in an electronic
format, paper format, or both.
FISCAL EFFECT : The fiscal effect for a similar bill, SB 583
(Ridley-Thomas) as analyzed by the Senate Appropriations Committee
estimated costs to the General Fund for program support of $91,000
for fiscal year (FY) 2007-08; $168,000 for FY 2008-09; and,
$168,000 for FY 2009-10.
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COMMTENTS : This bill was substantially amended in the Senate and
the Assembly-approved provisions of this bill were deleted. This
bill, as amended in the Senate is inconsistent with Assembly
actions.
Analysis Prepared by: John Gillman / HEALTH / (916) 391-2097FN:
0003554