Amended in Senate June 9, 2014

Amended in Assembly May 23, 2014

Amended in Assembly April 21, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 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 medicalbegin delete serviceend deletebegin insert servicesend insert 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 utilize its California Emergency Medical Services Information System (CEMSIS) and adoptbegin delete minimum standardsend deletebegin insert a single statewide standardend insert for the collection of information regarding prehospital care to determine and monitor the quality and effectiveness of the statewide emergency medicalbegin insert servicesend insert 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. The bill would require the authority to develop regulations and standards for electronic patient care record systems used by localbegin delete emergency medical servicesend deletebegin insert EMSend insert agencies and local prehospitalbegin delete emergency medical servicesend deletebegin insert EMSend insert providers to ensure compatibility with CEMSIS. 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:

P2    1

SECTION 1.  

Section 1797.119 is added to the Health and
2Safety Code
, to read:

3

1797.119.  

(a) (1) In order to fulfill the authority’s
4responsibility to assess emergency medical services and their
5effectiveness as required by Section 1797.102, the authority shall
6utilize its California Emergency Medical Services Information
7System (CEMSIS) and adoptbegin delete minimum standardsend deletebegin insert a single statewide
P3    1standardend insert
for the collection of information regarding prehospital
2care to determine and monitor the quality and effectiveness of the
3statewide emergency medicalbegin insert servicesend insert system, compliant with the
4 most current National Emergency Medical Services Information
5System (NEMSIS) standards, and to avoid unnecessary duplication
6of data collection at the local level.

7(2) The authority shall comply with this section on or before
8July 1, 2016.

9(b) (1) The authority shall develop regulations and standards
10for electronic patient care record systems used by localbegin delete emergency
11medical servicesend delete
begin insert EMSend insert agencies and local prehospitalbegin delete emergency
12medical servicesend delete
begin insert EMSend insert providers to ensure compatibility with
13CEMSIS, including, but not limited to, a common data dictionary,
14integration of first responderbegin delete data andend deletebegin insert data,end insert transport provider
15data, and patient outcome data,begin insert andend insert compliant with current
16NEMSIS standards and privacy requirements in state and federal
17law. Privacy requirements shall ensure that all patient data obtained
18frombegin delete emergency medical serviceend deletebegin insert EMSend insert providers for the purpose
19of this section is subject to legal privacy and security standards
20 consistent with privacy and security protections for personal health
21data in the possession ofbegin delete emergency medical servicesend deletebegin insert EMSend insert
22 providers under state and federal law.

23(2) The regulations and standards developed by the authority
24shall describebegin delete minimumend delete standards for thebegin delete purposesend deletebegin insert purposeend insert of
25standardizing databegin delete collection and encouraging compatibility
26between systems.end delete
begin insert collection.end insert The regulations and standards shall
27allow the use of any prehospital electronic patient record system,
28provided that the system is compatible with CEMSIS, compliant
29with NEMSIS, and meets the standards set by the authority.

30(3) The authority shall consult with stakeholders in the
31development of standards and compatibility with CEMSIS,
32including air ambulance providers and other entities not included
33in the California Commission on Emergency Medical Services
34membership.

35(4) Localbegin delete emergency medical servicesend deletebegin insert EMSend insert agencies and local
36prehospitalbegin delete emergency medical servicesend deletebegin insert EMSend insert providers that
37upgrade or purchase an electronic patient care record system on
38or after the date the authority issues final guidance pursuant to
39paragraph (1) shall ensure that the system complies with standards
40contained in that guidance.

P4    1(c) Local EMS agencies shall submit patient information
2consistent with the requirements of paragraph (1) of subdivision
3(a) to the authority in a timely manner, usingbegin delete nationalend deletebegin insert NEMSISend insert
4 standards and electronic transfer when available.

5(d) The authority, in order to exercise the powers and perform
6the duties conferred upon it by this chapter, and in accordance with
7Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
83 of the Government Code, shall adopt, amend, or repeal any rules,
9regulations, or standards as may be necessary.

10(e) The authority shall post any proposed rules promulgated
11under this section on its public Internet Web site no later than 90
12calendar days prior to the effective date of the proposed rule, which
13shall also include notification to the public regarding how members
14of the public may comment, including the date by which those
15comments must be received in order to be considered by the
16authority.

17(f) This section and any rules and regulations promulgated
18pursuant to this section shallbegin delete onlyend delete be implementedbegin insert onlyend insert to the
19extent that funds are made available through an appropriation in
20the annual Budget Act.

21

SEC. 2.  

If the Commission on State Mandates determines that
22this act contains costs mandated by the state, reimbursement to
23local agencies and school districts for those costs shall be made
24pursuant to Part 7 (commencing with Section 17500) of Division
254 of Title 2 of the Government Code.



O

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