BILL ANALYSIS �
SENATE COMMITTEE ON HEALTH
Senator Ed Hernandez, O.D., Chair
BILL NO: SB 1378
AUTHOR: Hancock
AMENDED: April 16, 2012
HEARING DATE: April 25, 2012
CONSULTANT: Trueworthy
SUBJECT : Emergency medical services: personnel.
SUMMARY : Requires the medical director of a local emergency
medical services agency (LEMSA) to evaluate the good character
and rehabilitation of an emergency medical technician (EMT) I or
EMT-II applicant who has a prior criminal conviction before
denying a certificate.
Existing law:
1.Establishes the Emergency Medical Services Authority (EMSA),
which is responsible for the coordination and integration of
all state activities concerning emergency medical services
(EMS), including the establishment of minimum standards,
policies, and procedures.
2.Provides for the certification of an EMT through the issuance
of certificates, including EMT-I and EMT-II certificates, by
LEMSAs, which are designated by counties.
3.Authorizes counties to develop an EMS program and designate a
LEMSA responsible for planning and implementing an EMS system,
which includes day-to-day EMS system operations.
4.Permits public safety agencies, for public safety personnel,
and the State Board of Fire Services, for fire safety
personnel, to issue EMT-I certificates.
5.Requires EMSA to establish EMT-I and EMT-II certification and
disciplinary guidelines and to maintain a central registry of
EMTs. Requires all EMTs to submit fingerprints for a state
and federal level Criminal Offender Record Information (CORI)
search database, as specified.
6.Authorizes an EMT-I or EMT-II employer or medical director of
a LEMSA to investigate and discipline those EMT-I and EMT-II
employees who commit specified acts.
Continued---
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7.Provides that EMSA or the medical director of a LEMSA may
deny, suspend, or revoke certificates issued or may place a
certificate holder on probation, upon the occurrence of any of
specified events.
This bill:
1.Requires the medical director of a LEMSA to evaluate the good
character and rehabilitation of an applicant for a certificate
who has a prior criminal conviction before denying a
certificate, using the following factors:
a. The nature and seriousness of the conduct or crime
under consideration and its relationship to the person's
employment duties and responsibilities;
b. Activities since conviction, including employment or
participation in therapy or education, that would indicate
changed behavior;
c. The time that has elapsed since the commission of the
conduct or offense that resulted in the criminal
conviction and the number of offenses;
d. The extent to which the person has complied with any
terms of parole, probation, restitution, or any other
sanction lawfully imposed against the person;
e. Any rehabilitation evidence, including character
references, submitted by the person;
f. Employment history and current employer
recommendations;
g. Circumstances surrounding the commission of the
offense that would demonstrate the unlikelihood of
repetition;
h. The granting by the Governor of a full and
unconditional pardon, where eligible;
i. Whether the applicant has secured a certificate of
rehabilitation from a superior court; or
j. Whether the information or accusation against the
applicant has been dismissed.
2.Requires the medical director of a LEMSA to only consider
prior convictions for which the applicant was prosecuted as an
adult in determining whether to deny an application for an
EMT-I or EMT-II.
FISCAL EFFECT : This bill has not been analyzed by a fiscal
committee.
COMMENTS :
1.Author's statement. According to the author, this bill is
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needed to ensure that local agencies have an adequate pool of
potential EMT applicants, especially given a population that
is growing in number and in age. This bill will give local
medical directors more discretion to consider evidence of
rehabilitation for applicants with past conviction histories.
The author states that this bill originates out of problems
that Alameda County has had in applying existing guidelines
regarding EMT-I and -II certification. This bill is intended
to empower local medical directors to consider more evidence
of rehabilitation for EMT-I and EMT-II applicants.
The author states that this bill is intended to enshrine in
statute the principle that medical directors should consider
evidence of rehabilitation in considering EMT applicants. In
existing statutes, there is no obligation for medical
directors to do so. In doing so, it would also clarify an
existing ambiguity in current state regulations regarding
consideration of rehabilitative factors and the kinds of past
criminal offenses that can be considered.
2.Background. EMSA is the state lead agency and centralized
resource to oversee emergency and disaster medical services.
EMSA is charged with providing leadership in developing and
implementing local EMS systems throughout California and
setting standards for the training and scope of practice of
various levels of EMS personnel.
Day-to-day EMS system management is the responsibility of the
local and regional EMS agency. California has 32 LEMSA
systems that provide EMS for California's 58 counties.
Regional systems are usually comprised of small, more rural,
less-populated counties and single-county systems generally
exist in the larger and more urban counties. There are 7
regional LEMSAs comprised of 33 counties and 25 single-county
agencies.
EMSA develops and implements regulations that set training
standards and the scope of practice for emergency medical
personnel-EMT-Is and EMT-IIs, EMT-Ps, mobile intensive care
nurses, firefighters, peace officers, and lifeguards. EMT-Is
and EMT-IIs are initially certified by a LEMSA according to
guidelines and regulations developed by EMSA, including
criminal background checks. The responsibility for
disciplinary investigations, suspensions, and revocations is
shared by the LEMSA, ambulance service employers licensed by
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the California Highway Patrol, and fire and public safety
agencies.
EMTs. An EMT is a specially trained and certified or licensed
professional who renders immediate medical care in the
pre-hospital setting to seriously ill or injured individuals.
To be certified as an EMT, an applicant must successfully
complete a training program and pass a written and skills
certifying examination. California has three levels of EMTs:
EMT-I (basic), EMT-II (intermediate); and, EMT-P (paramedic).
SB1378 is limited to EMT-I and EMT-II levels.
EMT-I, the most common of the EMTs, are skilled medical
workers who respond by ambulance to medical emergencies for
the injured and ill. Following instructions, EMT-Is examine
victims to determine the nature and extent of an injury or
illness and administer first aid and emergency basic life
support, such as giving oxygen and doing cardiopulmonary
resuscitation. EMT-Is continue the basic life-support
treatment during transport to hospitals, help the emergency
room staff with pre-admittance treatment, and obtain medical
histories.
EMT-IIs perform all of the tasks required of EMT-Is, as well
as more complex procedures such as inserting intravenous
catheters, administering intravenous glucose solutions,
administering a limited number of drugs, and obtaining blood
samples for laboratory analysis. EMT-IIs are required to have
at least one year of experience as an EMT-I.
3.Related legislation. AB 1944 (Gatto) would revise the process
relating to disciplinary actions for cause against an EMT-P.
AB 1944 passed the Assembly Health Committee on April 17, 2012
by a vote of 19-0, and is now pending in the Assembly
Appropriations Committee.
4.Prior legislation. AB 2917 (Torrico), Chapter 274, Statutes
of 2007, requires EMSA to establish a statewide EMT registry
and to develop standards, guidelines, and regulations for
certification of specified EMTs. AB 2917 also establishes
rules for EMT certification and discipline, and for
investigation of any conduct which threatens public health and
safety, as defined.
5.Support. Alameda County Board of Supervisors writes in
support that SB 1378 codifies the requirement that medical
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directors consider rehabilitation of an individual with a
conviction history when determining whether to approve an
applicant for an EMT-I or EMT-II certificate. The National
Employment Law Project writes SB 1378 will help ensure
qualified individuals who do not pose a safety risk receive
the same opportunities as other young people in the community.
6.Policy concerns.
a. What is the need for the bill? Current regulations
exempt juvenile convictions completely from consideration
as a disqualifying factor for EMT certification.
However, the author and sponsor are concerned the current
regulations that exempt juvenile convictions are limited
to narrowly construed situations. SB 1378 is intended to
create a blanket exemption. Committee staff recommends
amending the exemption language to be inclusive of the
section, Page 7, lines 37-40, not limited to subdivision
(f) created in SB 1378 as follows:
(g) In determining whether to deny an application for an
EMT-I or
EMT-II certificate pursuant to subdivision (f) , the
medical director
of a local EMS agency shall only consider prior
convictions for which
the applicant was prosecuted as an adult.
b. Shortage of EMTs. The intent of SB 1378 appears to
be to ensure that local agencies have an adequate pool of
potential EMT applicants. There is no evidence
demonstrating there is a shortage of EMTs in the state.
SUPPORT AND OPPOSITION :
Support: Alameda County Board of Supervisors (sponsor)
ALL OF US OR NONE
Books Not Bars
California Employment Lawyers Association
Californians United for a Responsible Budget
Drug Policy Alliance
East Bay Community Law Center
Justice First, LLP
Lawyers' Committee for Civil Rights of the San
Francisco Bay Area
Los Angeles Black Worker Center
National Employment Law Project
Progressive Christians Uniting
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Rubicon Programs
Oppose: None received.
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