BILL ANALYSIS
AB 941
Page 1
GOVERNOR'S VETO
AB 941 (Torrico)
As Amended September 7, 2007
2/3 vote
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|ASSEMBLY: | |(May 10, 2007) |SENATE: |40-0 |(September 11, 2007) |
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(vote not relevant)
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|COMMITTEE VOTE: |13-0 |(September 11, |RECOMMENDATION: |concur |
| | |2007) | | |
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|ASSEMBLY: |74-0 |(September 12, | | | |
| | |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
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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 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
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Act.
7)Require a LESMA to conduct investigations and take
disciplinary actions of unemployed EMT-I and EMT-II personnel.
8)Revise LEMSA 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
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;
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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,
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.
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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.
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.
GOVERNOR'S VETO MESSAGE :
While I appreciate the efforts by the author and
stakeholders to improve coordination and oversight of
California's emergency medical technicians in a manner
that better protects public safety, I cannot sign this
bill. AB 941 would establish a statewide registry for
EMTs, establish background check requirements and
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provide for uniform disciplinary standards. However,
it falls short of what is needed to protect public
safety and ensure appropriate oversight of EMTs.
Specifically, I am concerned this bill lacks
requirements and penalties to assure timely notice
when an investigation is initiated, does not provide
sufficient authority for local medical directors to
independently initiate investigations, and fails to
establish clear standards for background checks. In
addition, I am concerned that the bill would
significantly limit public disclosure. I therefore
direct the Health and Human Services Agency to work in
a collaborative manner with stakeholders on
legislation that builds on AB 941, and improves it to
get the job done.
Analysis Prepared by: John Gilman / HEALTH / (916) 319-2097
FN: 0003720