BILL ANALYSIS
AB 1660
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Date of Hearing: March 22, 2010
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 1660 (Salas) - As Introduced: January 19, 2010
SUBJECT : Emergency aircraft flights for medical purposes
SUMMARY : Expands the definition of "emergency aircraft flights
for medical purposes," to include the return, non-emergency
flights of aircraft or equipment used during a medical
emergency, or emergency personnel and first responders involved
in treating the medical emergency, for the purpose of returning
the aircraft or equipment back to the base of operation.
Further, this bill specifies that any information disclosure
concerning emergency medical flight patient information be
consistent with federal laws and regulations relative to patient
medical records privacy and confidentiality.
EXISTING LAW :
1)Under state law, exempts from local ordinances restrictions on
flight arrivals and departures of emergency aircraft flights
for medical purposes by law enforcement, fire fighting,
military, or other persons who provide emergency flights for
medical purposes. The law exempts such emergency aircraft
flights from local ordinances restricting flights based upon
the hour of the day or aircraft noise level. Also, the law
provides further definition of the term "emergency aircraft
flights for medical purposes."
2)Authorizes any airport that incurs additional expenses in
order to accommodate the arrival or departure of emergency
aircraft flights for medical purposes to charge the patient on
whose behalf the flight is made, or any organization or entity
which has volunteered to reimburse the airport, for those
expenses.
3)Pursuant to federal laws and attendant regulations, protects
patient privacy and confidentiality relative to patient
medical records and other health information.
FISCAL EFFECT : Unknown.
COMMENTS : According to the sponsor of this bill, the California
AB 1660
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Airports Council, "current law provides an exemption for
civilian air ambulance aircraft operating under a Federal
Aviation Administration 'Lifeguard' call sign to land after
hours at certain airports without being subject to a fine.
'Lifeguard' is a special radio call sign used by air ambulances
to receive special handling by air traffic controllers. Any
aircraft with a medical emergency on board or a flight involving
medical supplies, vital organs, and blood products may use this
call sign. However, there is no provision providing emergency
aircraft with the ability to depart certain airports once their
mission has been completed. Thus, emergency aircraft, which may
need to return to base for the next emergency operation, are
faced with either remaining at an airport or risk paying a fine.
Although an emergency medical flight is a rare occurrence at
many of our state airports, nonetheless, this bill clarifies
that the state exemption for these emergency medical flights to
land after hours at a certain airport also allows those air
ambulances to depart an airport after hours without penalty."
The author contends that this bill is necessary to clarify that
emergency medical flights receive an exemption from local
ordinances not only from arrivals but for subsequent departures
as well when the medical emergency no longer exists. However,
others may contend that existing law specifically declares that
emergency medical flights are exempt from local ordinances for
departures as well as arrivals and, thus, the term "emergency
aircraft flights for medical purposes" does not need to be
expanded. Further, when asked for specific examples of fines or
penalties being imposed upon medical flight operators for
non-emergency returning flights within the local airport curfew
hours, the sponsors were not able to provide any.
The other provision of this bill ensures that medical emergency
flight patient information disclosure is consistent with federal
laws and regulations relative to patient medical records privacy
and confidentiality.
In support of this bill, the San Diego County Regional Airport
Authority believes that an exemption for the return of emergency
equipment and personnel to their base of operation during curfew
hours of operation of an airport is necessary as "some pilots
involved in emergency medical flights must sometimes choose to
either remain at a curfew-restricted airport for several hours
or face the possibility of incurring penalties or fines for
departing during a curfew-restricted time."
AB 1660
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Related bills: AB 2173 (Beall) of 2010, would increase
penalties for motor vehicle violations with the revenues used
solely for the purposes of augmenting Medi-Cal reimbursement
paid to emergency air medical transportation services providers.
AB 2173 is basically a reintroduction of last year's AB 1153,
by the same author, and has been referred to the Assembly Health
Committee. AB 1153 was approved by the Assembly Public Safety
Committee but was held on the Appropriations Committee suspense
file.
AB 1272 (Hill) of 2009, pertains to the local approvals of
heliport landing pads at trauma centers for emergency medical
flights. That bill passed this committee and is awaiting
hearing in the Senate Health Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
California Airports Council (sponsor)
Airport Owners and Pilots Association
California State Sheriffs' Association
Emergency Medical Services Administrators' Association of
California
San Diego County Regional Airport Authority
Opposition
None on file
Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093