BILL ANALYSIS �
AB 1944
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Date of Hearing: May 9, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1944 (Gatto) - As Amended: April 30, 2012
Policy Committee: HealthVote:19-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill gives employers increased authority over disciplinary
investigations and actions for paramedics in their employment,
and changes existing roles of the Emergency Medical Services
Authority (EMSA) and the local EMS agencies (LEMSAs) with regard
to such investigations and actions. Specifically, this bill:
1)Requires employer action (either an employer recommendation,
or a finding by EMSA that discipline imposed by an employer
was not appropriate) before the authority may deny, suspend,
or revoke a license.
2)Requires local EMS agencies to refer any information received
regarding the conduct of an employee to the individual's
employer, or to EMSA if the individual is not employed.
3)Authorizes paramedic employers to conduct investigations to
determine disciplinary cause, as defined, authorizes employers
to adopt disciplinary plans which meet certain standards, and
requires employers to submit disciplinary plans to the local
EMS agency and to EMSA.
4)Requires employers to provide certain status reports of their
disciplinary investigations to EMSA.
FISCAL EFFECT
1)Costs to EMSA are likely to be minor and absorbable.
2)Potential reimbursable state mandate costs in the range of
$1-2 million GF related to the requirement that local EMS
agencies refer any information received regarding the conduct
AB 1944
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of an employee to the individual's employer or to EMSA.
Local EMS agencies also expect additional workload associated
with reviewing and providing assistance with employer-provided
disciplinary plans, but these costs are not reimbursable as
technical assistance is not specifically mandated by the bill.
COMMENTS
1)Rationale . According to the author, California adopted a
system for the coordinated oversight of EMT-Is and EMT-IIs in
AB 2917 (Torrico), Chapter 274, Statutes of 2007. That same
system of coordinated oversight does not apply to
EMT-Paramedics, and as a result, paramedics are often
disciplined by multiple agencies and levels of government.
This bill gives the employer primacy to discipline paramedics
and requires reporting and coordination between EMSA and
employers.
2)Background . The EMS system is a partnership between the state
EMS Authority (EMSA), county-based or regional local EMS
agencies, and other entities such as ambulance providers, fire
stations, and hospitals. EMSA currently licenses paramedics,
but to work in the state, paramedics must also be accredited
by the local EMS agency with jurisdiction in the county of
employment. EMSA licensure requires education, practical
skills, an exam, and a background check ; local EMS agency
accreditation ensures a paramedic is familiar with local
policies, hospitals, and EMS systems. Disciplinary action can
occur at the local level, at the EMSA level, or at the
employer level. Current law requires EMSA to give credit for
discipline imposed by the employer or by the local EMS agency
for the same conduct when deciding on disciplinary action.
EMSA indicates some actions requiring disciplinary action
occur outside of the scope of employment, such as DUI charges.
Analysis Prepared by : Lisa Murawski / APPR. / (916) 319-2081