Amended in Assembly May 23, 2014

Amended in Assembly April 21, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1621

Introduced by Assembly Members Lowenthal and Rodriguez

February 6, 2014

An act to add Section 1797.119 to the Health and Safety Code, relating to emergency medical services.

LEGISLATIVE COUNSEL’S DIGEST

AB 1621, as amended, Lowenthal. Emergency medical services: data and information system.

Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, governs local emergency medical service systems. The act establishes the Emergency Medical Services Authority, which is responsible for the coordination and integration of all state agencies concerning emergency medical services. Existing law also creates the Commission on Emergency Medical Services, and requires the commission to perform various duties regarding the authority and emergency medical services.

Existing law requires the authority to develop planning and implementation guidelines for emergency medical services systems that address data collection and evaluation, among other things. Existing law requires the commission to review and approve regulations, standards, and guidelines developed by the authority.

This bill would require the authority to begin delete develop and adopt minimum standards for maintaining and implementing a State Emergency Medical Services Data and Information System (SEMSDIS), which would include, among other things, data and information relating to prehospital care and specialty care, for purposes of determining and monitoring the quality and effectiveness of the statewide emergency medical system. end delete begin insert end insert begin insert utilize its California Emergency Medical Services Information System (CEMSIS) and adopt minimum standards for the collection of information regarding prehospital care to determine and monitor the quality and effectiveness of the statewide emergency medical system, compliant with the most current National Emergency Medical Services Information System (NEMSIS) standards, and to avoid unnecessary duplication of data collection at the local level. end insert The bill would require the authority to develop begin delete guidelines end delete begin insert regulations end insert and standards for begin insert electronic patient care record systems used by end insert local emergency medical services agencies and local prehospital emergency medical services begin delete providers’ electronic patient care record systems end delete begin insert providers end insert to ensure compatibility with begin delete SEMSDIS. The bill would require emergency medical services providers and hospitals that receive emergency medical services patients to perform specified tasks concerning SEMSDIS. end delete begin insert CEMSIS. end insert The bill would require the authority to comply with its provisions on or before July 1, 2016. The bill would require the authority to post proposed rules and to notify the public with regard to commenting on the proposed rules, as specified.

The bill would also require local EMS agencies to submit specified information to the authority. By imposing new duties on local officials, the bill would impose a state-mandated local program.

The bill would provide that all of the above provisions and any rules or regulations adopted pursuant to those provisions would only be implemented to the extent that funds are made available through an appropriation in the annual budget act.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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.  

Section 1797.119 is added to the Health and
Safety Code, to read:

1797.119.  

(a) (1) In order to fulfill the authority’s
responsibility to assess emergency medical services and their
effectiveness as required by Section 1797.102, the authority shall
begin delete develop a State Emergency Medical Services Data and Information
System (SEMSDIS), and, after approval by the commission, adopt
minimum standards for maintaining and implementing SEMSDIS. end delete begin insert end insert
begin insert utilize its California Emergency Medical Services Information
System (CEMSIS) and adopt minimum standards for the collection
of information regarding prehospital care to determine and monitor
the quality and effectiveness of the statewide emergency medical
system, compliant with the most current National Emergency
Medical Services Information System (NEMSIS) standards, and
to avoid unnecessary duplication of data collection at the local
level. end insert

begin delete

(2) SEMSDIS shall include, but not be limited to, data and
information relating to prehospital care and specialty care.

end delete begin delete

(3) The purpose of SEMSDIS shall be to determine and monitor
the quality and effectiveness of the statewide emergency medical
system.

end delete begin delete

(4)

end delete

begin insert (2) end insert  The authority shall comply with this section on or before
July 1, 2016.

(b) (1) The authority shall develop begin delete guidelines end delete begin insert regulations end insert and
standards for begin delete local emergency medical services agencies and local
prehospital emergency medical services providers’ end delete electronic
patient care record systems begin insert used by local emergency medical
services agencies and local prehospital emergency medical services
providers end insert to ensure compatibility with begin delete SEMSDIS, end delete begin insert CEMSIS, end insert
including, but not limited to, a common data dictionary, integration
of first responder data and transport provider data, and patient
outcome data, begin delete consistent end delete begin insert compliant end insert with current begin delete national end delete begin insert NEMSIS end insert
standards and privacy requirements in state and federal law. begin insert end insert
begin insert Privacy requirements shall ensure that all patient data obtained
from emergency medical service providers for the purpose of this
section is subject to legal privacy and security standards consistent
with privacy and security protections for personal health data in
the possession of emergency medical services providers under
state and federal law. end insert

begin insert

(2) The regulations and standards developed by the authority
shall describe minimum standards for the purposes of standardizing
data collection and encouraging compatibility between systems.
The regulations and standards shall allow the use of any
prehospital electronic patient record system, provided that the
system is compatible with CEMSIS, compliant with NEMSIS, and
meets the standards set by the authority.

end insert begin delete

(2)

end delete

begin insert (3) end insert  The authority shall consult with stakeholders in the
development of standards and begin delete SEMSDIS, end delete begin insert compatibility with
CEMSIS, end insert including air ambulance providers and other entities not
included in the California Commission on Emergency Medical
Services membership.

begin delete

(c) Prehospital emergency medical services providers shall do
all of the following concerning SEMSDIS:

(1) Implement the electronic collection of prehospital care
reports using standard procedures, definitions, and interoperable
coding as adopted by the authority in the minimum standards
described in paragraph (1) of subdivision (a) and paragraph (1) of
subdivision (b). For purposes of this paragraph, “prehospital care
reports” include, but are not limited to, documentation of the event,
incident, or medical condition precipitating the need for emergency
medical services, the treatment provided, and the patient’s medical
history.

(2) Submit completed electronic patient care reports to the local
EMS agency in a timely manner.

end delete begin insert

(4) Local emergency medical services agencies and local
prehospital emergency medical services providers that upgrade
or purchase an electronic patient care record system on or after
the date the authority issues final guidance pursuant to paragraph
(1) shall ensure that the system complies with standards contained
in that guidance.

end insert begin delete

(d)

end delete

begin insert (c) end insert  Local EMS agencies shall submit patient information
consistent with the requirements of paragraph (1) of subdivision
(a) begin delete and paragraph (1) of subdivision (b), end delete to the authority in a timely
manner, using national standards begin insert and electronic transfer end insert when
available.

begin delete

(e)

end delete

begin insert (d) end insert  The authority, in order to exercise the powers and perform
the duties conferred upon it by this chapter, and in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of the Government Code, shall adopt, amend, or repeal any rules,
regulations, or standards as may be necessary.

begin delete

(f) 

end delete

begin insert (e) end insert begin insert   end insert The authority shall post any proposed rules promulgated
under this section on its public Internet Web site no later than 90
calendar days prior to the effective date of the proposed rule, which
shall also include notification to the public regarding how members
of the public may comment, including the date by which those
comments must be received in order to be considered by the
authority.

begin delete

(g) 

end delete

begin insert (f) end insert begin insert   end insert This section and any rules and regulations promulgated
pursuant to this section shall only be implemented to the extent
that funds are made available through an appropriation in the
annual Budget Act.

SEC. 2.  

If the Commission on State Mandates determines that
this act contains 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.