BILL ANALYSIS
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 1660
SENATOR ALAN LOWENTHAL, CHAIRMAN AUTHOR: salas
VERSION: 1/19/10
Analysis by: Art Bauer FISCAL: no
Hearing date: June 15, 2010
SUBJECT:
Emergency aircraft flights for medical purposes
DESCRIPTION:
This bill expands the definition of "emergency aircraft flights
for medical purposes."
ANALYSIS:
Current federal law provides an exemption for civilian air
ambulance aircraft operating under a Federal Aviation
Administration "Lifeguard" call sign to land and depart 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, or blood products may use this
call sign.
Existing law :
1) Allows cities and counties by ordinance to regulate
aircraft flight departures and arrivals to particular hours
of the day or night, restrict the arrival or departure of
aircraft based upon the aircraft's noise level, or restrict
the operations of certain aircraft type.
2) Defines "emergency aircraft flights for medical
purposes" as those flights in which undue delay would
threaten a patient's life. Emergency aircraft flights for
medical purposes include, but are not limited to, flights
for the transportation of the following:
Patients accompanied by licensed or certificated
AB 1660 (SALAS) Page 2
medical attendants such as paramedics, nurses,
physicians, and respiratory therapists.
Surgical transplant teams for the purpose of
procuring human organs for re-implantation in recipients.
Organ procurement agency coordinators responding to
a potential donor.
Temporarily viable human organs such as a heart,
liver, lungs, kidneys, and pancreas, and human tissue,
blood, or blood components.
Human tissue and blood samples for clinical testing
to determine compatibility between a donor and a
recipient.
Mechanical adjuncts or biological replacements for
human organs.
Medical equipment and supplies.
1) Prohibits using emergency aircraft flights for
transporting medical personnel to attend conferences,
seminars, or other similar non-emergency activities.
2) Requires the provider of the emergency aircraft flight
to notify an airport, governed by an ordinance restricting
operations, either within 72 hours before or after the
emergency flight of the following:
The name and address of the patient.
The names of the medical attendants on board the
flight.
The name of the attending physician, a signed
statement by the attending physician of the nature of the
emergency, and the name of the medical facility to which
the patient or organs will be taken.
The names of all flight crew members and the type
and registration number of the aircraft.
These requirements do not apply to medical emergency flights
operated by law enforcement, firefighting personnel, or the
military.
This bill :
1) Adds to the definition of emergency aircraft flight for
medical purposes an emergency medical flight returning to
its home base during curfew hours with the health
professionals that accompanied patients or medical products
on the in-bound flight.
AB 1660 (SALAS) Page 3
2) Prohibits emergency medical flight providers from
submitting information regarding patients, medical
attendants, and related information to the airport if the
collection of the information is barred by federal law,
including the terms and conditions of the Confidentiality
of Medical Information Act and applicable regulations.
COMMENTS:
1) Purpose . The purpose of this bill is to remove any legal
ambiguity regarding the operation of an aircraft engaged in
a medical emergency flight from retuning to its home base
during curfew hours after carrying out its mission. In
addition, the bill ensures the collection of information
regarding the patient, medical assistance, and others
involved with the flight does not violate federal laws
governing patient privacy.
2) Background . A typical example that the author believes
necessitates this bill is an aircraft departs from its base
in Orange County at 1:00a.m. with an organ that is to be
delivered to San Diego. Both John Wayne Airport and
Lindbergh Field have curfews governing aircraft operations.
Existing law exempts the departure from Orange County and
the landing at San Diego because for both the landing and
departure a patient's life is at risk. There is legal
ambiguity, however, as to whether the aircraft may depart
during curfew hours to return to its home base after
delivering a patient or organ without incurring a penalty,
since there is no emergency involved with the return
flight. This bill removes that ambiguity for it makes it
clear that the air ambulance may return to its headquarters
without being assessed a fine or penalty. An additional
benefit is that the amendment reduces the layover charges
for the medical professionals, the aircraft's crew, and the
plane, because there is no delay waiting for the curfew to
be lifted.
Assembly Votes:
Floor: 76-0
Trans: 13-0
POSITIONS: (Communicated to the Committee before noon on
Wednesday,
June 9, 2010)
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SUPPORT: California Airports Council
OPPOSED: None received.