BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1272
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          Date of Hearing:   May 5, 2009

                            ASSEMBLY COMMITTEE ON HEALTH
                                  Dave Jones, Chair
                  AB 1272 (Hill) - As Introduced:  February 27, 2009
           
          SUBJECT  :   Emergency medical services:  trauma center:   
          helicopter landing pad.

           SUMMARY  :  Prohibits the Emergency Medical Services System and  
          Prehospital Emergency Medical Care Personnel Act (EMS Act), and  
          two sections of the State Aeronautics Act (Aeronautics Act),  
          from being construed as authorizing a county to prohibit a  
          trauma center from installing a helicopter landing pad at or  
          near its facility for the purpose of receiving emergency trauma  
          care patients.

           EXISTING LAW  :

          1)Permits, under the EMS Act, a county, upon the recommendation  
            of its local emergency medical services agency (LEMSA), to  
            adopt ordinances governing the transport of a patient who is  
            receiving care in the field from prehospital emergency medical  
            personnel, when the patient meets specific criteria for  
            trauma, burn, or pediatric centers adopted by the LEMSA. 

          2)Prohibits the EMS Act from being construed as restricting the  
            use of a helicopter of the California Highway Patrol (CHP)  
            from performing missions which CHP determines are in the best  
            interests of the people of the state of California. 

          3)Makes it unlawful, under the State Aeronautics Act, for any  
            political subdivision, or any person, to operate an airport  
            unless an appropriate airport permit required by rule of the  
            California Department of Transportation (CalTrans) has been  
            issued by CalTrans and has not subsequently been revoked.

          4)Prohibits, under the State Aeronautics Act, a political  
            subdivision, or any person, from submitting any application  
            for the construction of a new airport to any local, regional,  
            state, or federal agency unless the plan for construction is  
            first approved by the board of supervisors of the county, or  
            the city council of the city, in which the airport is to be  
            located and unless the plan is submitted to the airport land  
            use commission, and acted upon by that commission in  








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            accordance with specified provisions of existing law.

          5)Permits a county board of supervisors or a city council to  
            delegate its responsibility under 4) above for the approval of  
            a construction plan of new helicopter landing and takeoff  
            areas to the county or city planning agency. 
           
           6)Permits, under the State Aeronautics Act an officer authorized  
            by a public safety agency, at or as near as practical to the  
            site of a medical emergency and at a medical facility, to  
            designate an area for the landing and taking off of an  
            emergency service helicopter, in accordance with regulations.

           FISCAL EFFECT  :   None


           COMMENTS  :   

           1)PURPOSE OF THIS BILL  .  According to the author, this bill will  
            save lives by ensuring that if a proposed helicopter landing  
            pad at a trauma center is approved by the Office of Statewide  
            Health Planning and Development (OSHPD) and CalTrans, then a  
            county government cannot disapprove the helicopter landing  
            pad.  The author argues patient survival rates are  
            significantly improved with the use of air ambulance services,  
            and rural communities and high traffic zones depend on air  
            ambulances to immediately deliver a patient to the appropriate  
            hospital.  Additionally, the author states many rural  
            hospitals use air ambulances to deliver patients to tertiary  
            care centers that can appropriately treat a patient in crisis  
            when the rural hospital does not have the services available  
            to treat the patient.  Air ambulances ensure that  
            traumatically injured patients can receive care in the time  
            period immediately following traumatic injury referred to as  
            the "golden hour" where lives can be saved if treatment is  
            immediately provided.  

          The author states that, in some communities throughout  
            California, hospitals have been unable to secure a permit for  
            a helipad through their local governing board, including  
            trauma hospitals in Alameda, Marin, San Francisco, and Santa  
            Barbara counties.  In some cases, the author states,  
            neighborhoods concerned about noise have blocked the addition  
            of this critical service through the county board of  
            supervisors' approval process or through the local land use  








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            process.  In these incidents, the author argues neighborhood  
            concerns about noise have taken precedence over the health  
            needs of the community.  In addition, the author argues this  
            bill will protect current hospital helicopter landing pads as  
            hospitals retrofit or rebuild their buildings to meet state  
            seismic safety requirements for hospitals.

           2)BACKGROUND  .  This bill affects helicopter landing pads at  
            trauma centers.  CalTrans data indicates there are currently  
            145 approved helicopter landing pads that have received a  
            permit from CalTrans at 138 hospitals (seven hospitals have  
            more than one helicopter landing pad permit).  According to  
            the state Emergency Medical Services Authority (EMSA), there  
            are currently 63 trauma centers in California, 49, or 76.7%  
            which have helicopter landing pads.  All trauma centers are  
            licensed acute care hospitals designated by a LEMSA as a  
            trauma center.  Trauma centers must have personnel, services,  
            and equipment necessary for the care of trauma patients.   
            General requirements for all trauma centers include a trauma  
            program medical director and a trauma nurse coordinator, a  
            basic emergency department (at minimum), a multidisciplinary  
            trauma team, and specified service capabilities.  Trauma  
            center designations include Levels I - IV (with Level I being  
            the highest) and Level I and II pediatric (pediatric specific  
            trauma facilities).  

          In trauma care, the "golden hour" is the brief window of time in  
            which the lives of a majority of critically injured trauma  
            patients can be saved if appropriate treatment is provided.   
            The golden hour provides 60 minutes from the moment of injury,  
            to call 911, dispatch an ambulance, transport the victim to a  
            trauma center, and perform the necessary, life-saving  
            intervention.  Trauma is the leading cause of death among  
            those under 44 years of age.  More than 145,000 people die in  
            the United States from traumatic injury each year, and another  
            nine million suffer disabling injuries.
           
          3)HELICOPTER LANDING PAD REQUIREMENTS  .  Hospitals seeking to  
            build a helicopter landing pad must have the approval of OSHPD  
            (which approves hospital construction), and must obtain a  
            heliport site permit from CalTrans.  To obtain a heliport site  
            permit, hospitals must provide the following:

             a)   Two copies of scaled drawings of the heliport and  
               adjoining areas;








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             b)   Topographic map that shows the location of the approach  
               surfaces relative to the heliport;
             c)   Local area map or drawing depicting the heliport and the  
               location of schools, places of public gathering, and  
               residential areas within 1,000 feet of the center of a  
               proposed heliport;
             d)   Documentation of approval of the plan for construction  
               by either the board of supervisors of the county or the  
               city council of the city (as appropriate) in which the  
               heliport is to be located;
             e)   Documentation of action by the Airport Land Use  
               Commission of the county in which the heliport is to be  
               located (as appropriate);
             f)   Documentation of compliance with the California  
               Environmental Quality Act;
             g)   Documentation showing ownership of the heliport; and,
             h)   A Federal Aviation Administration Airspace Determination  
               regarding the heliport.  

           4)SUPPORT  .  Health care providers, including the California  
            Hospital Association (CHA), the California Ambulance  
            Association, the California Emergency Nurses Association  
            (CENA) and the California Medical Association (CMA) write in  
            support that helicopters are an important part of the  
            emergency response system and provide ready access to trauma  
            care centers, particularly in rural areas of the state.  CHA  
            and CENA argue this bill will save lives by allowing public  
            health priorities to factor into the approval process for  
            helicopter landing pads at hospitals.  CMA states this bill  
            will ensure patient access to trauma services, will improve  
            patient outcomes through the proper utilization of air  
            ambulance services, and CMA argues it is critical that  
            patients have access to air-medical transport and that trauma  
            hospitals have helipads.

           5)SUPPORT IF AMENDED  .  Emergency Medical Services Administrators  
            Association of California (EMSAAC) writes it would support  
            this bill with amendments to require LEMSAs that implement a  
            trauma care system to include within their trauma plan  
            provisions for the air transport of trauma patients to and  
            from trauma centers, to strike from the bill the phrase that  
            the helicopter landing pad is "for the purpose of receiving  
            emergency trauma care patients," and to require EMSA to adopt  
            regulations that include transportation of trauma patients to  
            and between trauma centers for ground and air ambulance.








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           6)DOUBLE REFERRAL  .  This bill has been double-referred.  Should  
            this bill pass out of this committee, it will be referred to  
            the Assembly Transportation Committee.

           7)POLICY QUESTIONS  .

              a)   Scope of bill  .  As drafted, this bill prohibits the EMS  
               Act and the State Aeronautics Act from being construed to  
               authorize a  county  to prohibit a trauma center from  
               installing a helicopter landing pad at or near the facility  
               for the purpose of receiving trauma care patients.  Should  
               the provisions of this bill be expanded to similarly affect  
                cities  ?

              b)   Hospitals That Are Not Trauma Centers  .  According to  
               OSHPD data, in 2006 there were 454 licensed general acute  
               care hospitals, of which 300 had a comprehensive or basic  
               emergency department, and an additional 39 hospitals with a  
               standby emergency department.  There are currently 138  
               hospitals with a helicopter landing pad permit from  
               CalTrans, but only 36% of the hospitals with such a permit  
               are trauma centers.  Should the provisions of this bill be  
               expanded beyond the 63 trauma centers to include all  
               hospitals with a basic or comprehensive hospital emergency  
               department?

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          American Federation of State, County and Municipal Employees,  
          AFL-CIO
          California Ambulance Association
          California Association of Air Medical Services
          California Emergency Nurses Association 
          California Hospital Association
          California Medical Association
          California Shock Trauma Air Rescue
           
          Opposition 
           
          None on file.
           









                                                                 AB 1272
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          Analysis Prepared by  :    Scott Bain / HEALTH / (916) 319-2097