BILL NUMBER: AB 2456 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2010
INTRODUCED BY Assembly Member Torrico
FEBRUARY 19, 2010
An act to amend Sections 1797.103, 1797.107,
1797.103 and 1797.200 of the Health and Safety Code,
relating to emergency medical services.
LEGISLATIVE COUNSEL'S DIGEST
AB 2456, as amended, Torrico. Emergency medical services:
regulation.
Existing law, the Emergency Medical Services System and the
Prehospital Emergency Medical Care Personnel Act, authorizes each
county to designate an emergency medical services (EMS)
agency, for the establishment and administration of an emergency
medical services program in the county. Existing law also establishes
the Emergency Medical Services Authority (EMSA) , which,
among other things, adopts regulations governing the provision of
emergency medical services. Violation of these provisions is a crime.
This bill would specify that the guidelines of the authority shall
include medical control, require local EMS agencies to
adhere to the guidelines in all areas of administration, and
model policies, procedures, and treatment protocols
applicable to all emergency medical technician personnel, as defined,
and the respective licensure and certification requirements, as
specified. It would require the local EMS agencies to
follow adhere to the guidelines of
developed by the authority when establishing
local policies and procedures required by statute or regulation.
The bill would provide that any additional policies, procedures, and
treatment protocols implemented by a local EMS agency that are not
in accordance with the EMSA guidelines are subject to
approval by the Director of the EMSA and the Emergency Medical
Services Commission, as specified, prior to implementation. By
requiring that the local entities comply with these requirements, and
by changing the definition of an existing crime, 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.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
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. The Legislature finds and declares all of the
following:
(a) For the purpose of administering an effective, statewide
system of coordinated emergency medical care and statewide
recognition of certification and licensure for EMT
emergency medical technician (EMT) personnel, the
Emergency Medical Services Authority and the Emergency Medical
Services Commission must provide guidance to the more than 32 local
EMS emergency medical services (EMS)
agencies tasked with implementing policies and procedures in all
areas of prehospital EMS, including, but not limited to,
local accreditation of optional skills, competency tests, training
programs, demonstration of skills competency, and medical control in
order to facilitate this vital coordination and efficiency.
(b) The current statewide EMS guidelines assist in achieving
system standardization, streamlining field operations, and continuing
the authority's commitment to comprehensive planning for EMS
statewide.
(c) The statewide EMS guidelines must be strengthened in order to
do all of the following:
(1) Link the numerous local EMS agencies together into one
coordinated statewide EMS system.
(2) Ensure safety, competence, and consistency to the public
statewide; consistent training, competence, and delivery of
prehospital EMS statewide; one standard for all EMS
EMT certified and licensed personnel, regardless
of where service is delivered; and that policies are driven by
research and consensus rather than personality of local
administrators and doctors .
(3) Support the statewide mutual aid process by providing a set
minimum level of service delivery as defined by the EMS community.
(d) It is the intent of the Legislature to clarify the law with
respect to the authority's ability to establish guidelines for the
coordinated EMS delivery by the many essential prehospital
EMS stakeholders of this state.
SEC. 2. Section 1797.103 of the Health and Safety Code is amended
to read:
1797.103. (a) The authority shall develop
planning and implementation guidelines for emergency medical services
systems . Counties that establish a
local EMS program pursuant to Section 1797.200 shall adhere to the
guidelines in all areas of administration. The authority's EMS
guidelines shall address all that address all of
the following components:
(a)
(1) Manpower and training.
(b)
(2) Communications.
(c)
(3) Transportation.
(d)
(4) Assessment of hospitals and critical care centers.
(e)
(5) System organization and management.
(f)
(6) Data collection and evaluation.
(g)
(7) Public information and education.
(h)
(8) Medical disaster response.
(i) Medical control.
(b) The guidelines shall also specifically include model policies,
procedures, and treatment protocols applicable to all EMT personnel,
as defined in Sections 1797.80, 1797.82, and 1797.84 and the
respective licensure and certification requirements for all of the
following:
(1) Local accreditation.
(2) Competency-based written and skills examinations.
(3) Demonstration of skills competency.
(4) Medical control and the use of the optional skills.
(5) Approval of service providers utilizing approved optional
skills.
(6) Additional training and maintenance of accreditation for
optional skills.
(7) Continued competency in the optional skills, which is
monitored through various methods, including organized field care
audits, periodic training sessions, or structured clinical
experience, remediation plans.
(8) Field internships.
(9) Preceptor evaluation criteria for trainees.
(10) Approval and evaluation of advanced EMT service providers.
(11) Replacing medical supplies and equipment used by limited
advanced life support (LALS) personnel.
(12) Supply and replacement of controlled substances administered
by LALS personnel.
SEC. 3. Section 1797.107 of the Health and
Safety Code is amended to read:
1797.107. (a) The authority shall adopt, amend, or repeal, after
approval by the commission and in accordance with the provisions of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, rules and regulations as may be
reasonable and proper to carry out the purposes and intent of this
division and to enable the authority to exercise the powers and
perform the duties conferred upon it by this division not
inconsistent with any statute of this state.
(b) The regulations shall include statewide EMS guidelines for the
coordinated delivery of emergency medical services in this state.
SEC. 4. SEC. 3. Section 1797.200 of
the Health and Safety Code is amended to read:
1797.200. (a) Each county may develop an emergency medical
services program. Each county developing such a program shall
designate a local EMS agency which shall be the county health
department, an agency established and operated by the county, an
entity with which the county contracts for the purposes of local
emergency medical services administration, or a joint powers agency
created for the administration of emergency medical services by
agreement between counties or cities and counties pursuant to the
provisions of Chapter 5 (commencing with Section 6500) of Division 7
of Title 1 of the Government Code.
(b) A local EMS agency designated pursuant to subdivision (a)
shall follow adhere to the guidelines
of developed by the authority
pursuant to Section 1797.103 in establishing its policies and
procedures required by statute or regulation.
(c) Any additional policies, procedures, and treatment protocols
implemented by a local EMS agency designated pursuant to subdivision
(a) that are not in accordance with the authority's guidelines
developed pursuant to Section 1797.103 are subject to approval by the
Director of the Emergency Medical Services Authority and the
Emergency Medical Services Commission prior to implementation.
Approval by the director and the commission pursuant to this
subdivision shall only be granted if the policies, procedures, and
treatment protocols implemented by the local EMS agency further the
purposes of this division.
SEC. 5. SEC. 4. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution for certain costs that may be incurred by a
local agency or school district because, in that regard, this act
creates a new crime or infraction, eliminates a crime or infraction,
or changes the penalty for a crime or infraction, within the meaning
of Section 17556 of the Government Code, or changes the definition of
a crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
However, if the Commission on State Mandates determines that this
act contains other 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.