BILL ANALYSIS �
AB 1245
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1245 (Williams)
As Amended July 11, 2011
Majority vote
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|ASSEMBLY: |75-0 |(May 26, 2011) |SENATE: |38-1 |(September 6, |
| | | | | |2011) |
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Original Committee Reference: HEALTH
SUMMARY : Authorizes the Emergency Medical Services Agency
(EMSA) to adopt regulations for the state approval of standards
for an emergency medical responder (EMR) training course that
meets or exceeds the United States Department of
Transportation's Emergency Medical Responder: Instructional
Guidelines. Specifies that this does not authorize an EMR
independent scope of practice, license, or certification, nor
does it authorize a new category of emergency medical services
personnel
The Senate amendments are technical and clarifying.
EXISTING LAW :
1)Establishes the state EMSA which is responsible for the
coordination and integration of all state activities
concerning emergency medical services (EMS) including
establishing the minimum standards for the policies and
procedures necessary for medical control of the EMS system.
2)Requires EMSA to maintain a central registry of Emergency
Medical Technicians (EMT), and to create EMT certification,
recertification, and disciplinary standards.
3)Requires all EMTs to submit finger prints for a state and
federal level criminal offender record information (CORI)
search including subsequent arrest information.
4)Requires a person to be licensed by EMSA in order to practice
as a paramedic.
AS PASSED BY THE ASSEMBLY this bill was substantially similar to
the version passed by the Senate.
AB 1245
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FISCAL EFFECT : According to the Senate appropriations, the
costs are minor and absorbable.
COMMENTS : According to the author, this bill allows EMSA to
continue to develop the EMR regulations, while prohibiting new
guidelines from conferring a new EMR scope of practice. The
author contends that once the new regulations are adopted, EMSA
will be required to seek Legislative authority to classify EMR
as a new recognized first-responder category, with their own
scope of practice, and at that time, the state can require a
background check to be part of the regulations if it has not
already been included. According to the sponsors, the
California Professional Firefighters, the purpose of this bill
is to ensure that anyone in training to be employed or volunteer
in a public safety capacity rendering first aid in an emergency
setting be subject to the same background check as is required
of certificated EMTs. According to the sponsors, California
Professional Firefighters, clarification is needed to ensure a
consistent application of the requirement that background checks
be conducted to facilitate greater coordination and oversight
among emergency medical stakeholders and ultimately strengthen
patient care.
The National EMS Scope of Practice Model was established as part
of the National Highway Traffic Safety Administration (NHTSA)
and the Health Resources and Services Administration
implementation of the EMS Agenda for the Future. According to
the NHTSA, it envisioned as an integrated, interdependent
system, to maximize efficiency, consistency of instructional
quality, and student competence. According to the NHTSA Web
site, states following the National EMS Scope of Practice Model
as closely as possible will increase the consistency of the
nomenclature and competencies of EMS personnel nationwide,
facilitate reciprocity, improve professional mobility, and
enhance the name recognition and public understanding of EMS.
The National EMS Scope of Practice Model defines and describes
four levels of EMS licensure: EMR, EMT, Advanced EMT (AEMT), and
paramedic. New EMSA regulations took effect January 14, 2011,
transitioning the category of EMT-II to AEMT. Among other
changes, the new regulations expanded the scope of practice and
requires a transition by July 1, 2013, to the use of a written
and skills examination by the National Registry of Emergency
Medical Technicians in place of one administered by a local
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training program or a Local Emergency Medical Services Area
(LEMSA).
At the March 23, 2011, meeting of the EMS Commission, the acting
Director of EMSA reported that an EMR Task Force had been
convened to revise the Public Safety First Aid Regulations,
adopt a scope of practice for the Public Safety First Aid
providers, adopt the EMR as a level of EMS responder and adopt
the training requirements and scope of practice for EMRs. It
was further reported that the Task Force recommended removing
EMR from the Public Safety First Aid Chapter of Regulations and
placing it in its own chapter of regulations. The purpose was
to separate the focus on public safety first aid requirements
from the EMR requirements. The director further reported that
the new EMR Regulations will be similar to the EMT Regulations
with respect to training program approval requirements and will
include a scope of practice consistent with the National Scope
of Practice Model. The EMS Authority is not proposing to
require certification or criminal background checks for the EMR,
due to the lack of statutory authority.
According to NHTSA, the primary focus of the EMR is to initiate
immediate lifesaving care to critical patients who access the
emergency medical system. This individual possesses the basic
knowledge and skills necessary to provide lifesaving
interventions while awaiting additional EMS response and to
assist higher level personnel at the scene and during transport.
Emergency Medical Responders function as part of a
comprehensive EMS response, under medical oversight. EMRs
perform basic interventions with minimal equipment.
Analysis Prepared by : Marjorie Swartz / HEALTH / (916)
319-2097
FN: 0002026