BILL NUMBER: AB 1272 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 2, 2010
AMENDED IN SENATE MAY 12, 2010
AMENDED IN SENATE JULY 6, 2009
AMENDED IN SENATE JUNE 23, 2009
AMENDED IN ASSEMBLY MAY 13, 2009
INTRODUCED BY Assembly Member Hill
(Coauthor: Assembly Member Ammiano)
FEBRUARY 27, 2009
An act to amend Section 1798.161 of, and to add Section
1797.259 to, An act to add Section 1797.259 to
the Health and Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 1272, as amended, Hill. Emergency medical services: trauma
center: helicopter landing pad.
Existing law, the Emergency Medical Services System and
Prehospital Emergency Medical Care Personnel Act, establishes the
Emergency Medical Services Authority within the California Health and
Human Services Agency to, among other things, provide statewide
coordination of county emergency medical service programs, including,
but not limited to, designated trauma centers, and to administer the
Trauma Care Fund.
This bill would require a local emergency medical service to
include within its trauma system plan the provision of air transport
of trauma patients to, and between, trauma centers, if the local
emergency medical service agency elects to implement a trauma system.
The bill would make conforming changes.
This bill would also prohibit a city, county,
or city and county from disapproving an application for a permit to
build a heliport or helipad upon the property of a general acute care
hospital until after the city, county, or city and county
consults with the local EMS agency prepares a report
that describes the health and safety impacts of the heliport or
helipad upon the local area and surrounding region and the city
council or board of supervisors reviews this report ,
as specified, and provides the applicant with time to provide a
specified report. The bill would require the findings of the report
to be discussed in an open meeting before action is taken on the
application .
By increasing the duties of local officials, this bill would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1797.259 is added to the Health and Safety
Code, immediately following Section 1797.258, to read:
1797.259. (a) A local EMS agency that elects to implement a
trauma system shall include, within its trauma system plan,
provisions for air transport of trauma patients to, and between,
trauma centers.
(b)
1797.259. A city, county, or city and county shall not
disapprove an application for a permit to build a heliport or
helipad upon the property of a general acute care hospital until
after the local EMS agency prepares a report that describes
the health and safety impacts of the heliport or helipad upon the
local area and surrounding region and the city council or county
board of directors reviews this report in a public meeting.
city, county, or city and county consults with the local EMS
agency regarding the benefits of air ambulance access for the local
EMS system and provides the hospital applicant with not less than 90
days to prepare and provide the city, county, or city and county with
an independent report that describes the health and safety impacts
of the proposed heliport or helipad. If the applicant provides the
independent report, the city, county, or city and county shall
discuss the findings of the report in an open meeting before it takes
action on the application.
SEC. 2. Section 1798.161 of the Health and
Safety Code is amended to read:
1798.161. (a) The authority shall submit draft regulations
specifying minimum standards for the implementation of trauma care
systems to the commission on or before July 1, 1984, and shall adopt
the regulations on or before July 1, 1985. These regulations shall
provide specific requirements for the care of trauma cases and shall
ensure that the trauma care system is fully coordinated with all
elements of the existing emergency medical services system. The
regulations shall be adopted as provided in Section 1799.50, and
shall include, but not be limited to, all of the following:
(1) Prehospital care management guidelines for triage and
transportation of trauma cases.
(2) Transportation of trauma patients to, and between, trauma
centers by ground and air ambulance.
(3) Flow patterns of trauma cases and geographic boundaries
regarding trauma and nontrauma cases.
(4) The number and type of trauma cases necessary to assure that
trauma facilities will provide quality care to trauma cases referred
to them.
(5) The resources and equipment needed by trauma facilities to
treat trauma cases.
(6) The availability and qualifications of the health care
personnel, including physicians and surgeons, treating trauma cases
within a trauma facility.
(7) Data collection regarding system operation and patient
outcome.
(8) Periodic performance evaluation of the trauma system and its
components.
(b) The authority may grant an exception to a portion of the
regulations adopted pursuant to subdivision (a) upon substantiation
of need by a local EMS agency that, as defined in the regulations,
compliance with that requirement would not be in the best interests
of the persons served within the affected local EMS area.
SEC. 3. SEC. 2. If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.