Amended in Assembly May 5, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1975

Introduced by Assembly Member Roger Hernández

February 19, 2014

An act to amend Section 1798.162 of the Health and Safety Code, relating to emergency medical begin delete services. end delete begin insert services, and making an appropriation therefor. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1975, as amended, Roger Hernández. Trauma care systems.

Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, permits each county to establish an emergency medical services program under which the county is required to designate a local emergency medical services (EMS) agency. 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 authorizes a local EMS agency to implement a trauma care system only if the system meets the minimum standards adopted by the authority, as prescribed. begin insert Existing law requires a local EMS agency that elects to implement a trauma care system to develop and submit a plan for that trauma care system to the authority in accordance with regulations adopted by the authority. end insert

This bill would require a local EMS agency implementing a trauma care system, as part of the minimum standards, to commission the American College of Surgeons to conduct a comprehensive begin insert regional end insert assessment begin delete every 3 years end delete of equitability and access to its trauma system, and would require begin insert the assessment be performed in conjunction with other local EMS agencies in that agency’s region and the regional trauma coordinating committee (RTCC) established by the authority for that region. The bill would require end insert the local EMS begin delete agency end delete begin insert agencies end insert to submit the results of each assessment to the authority. begin insert The bill would require that the assessments occur at least once every five years, but would authorize the RT end insert begin insert CCs and the authority to determine, after the initial assessment, whether it would be proper for subsequent assessments to occur on a more frequent basis, as specified. The bill would authorize the 5 RTCCs to assess and provide recommendations to the local EMS agencies and the authority, and would require the local EMS agencies implementing a trauma care system to incorporate these recommendations into their respective trauma care plans. end insert The bill would also make legislative findings and declarations regarding the need for special legislation.

begin insert

This bill would appropriate $500,000 from the General Fund to the authority for the implementation of a data collection system for conducting trauma care assessments across the state. The bill would require the authority to use the data to help implement and direct the statewide trauma system plan, as specified, and would require the implementation to be completed by January 1, 2016.

end insert

Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 1798.162 of the Health and Safety Code
is amended to read:

1798.162.  

(a)  A local emergency medical services agency
may implement a trauma care system only if the system meets the
minimum standards set forth in the regulations for implementation
established by the authority and the plan required by Section
1797.257 has been submitted to, and approved by, the authority.
Prior to submitting the plan for the trauma care system to the
authority, a local emergency medical services agency shall hold a
public hearing and shall give adequate notice of the public hearing
to all hospitals and other interested parties in the area proposed to
be included in the system. This subdivision does not preclude a
local EMS agency from adopting trauma care system standards
which are more stringent than those established by the regulations.

(b) Notwithstanding subdivision (a) or any other provision of
this article, the Santa Clara County Emergency Medical Services
Agency may implement a trauma care system prior to the adoption
of regulations by the authority pursuant to Section 1798.161. If
the Santa Clara County Emergency Medical Services Agency
implements a trauma care system pursuant to this subdivision prior
to the adoption of those regulations by the authority, the agency
shall prepare and submit to the authority a trauma care system plan
which conforms to any regulations subsequently adopted by the
authority.

(c) A local emergency medical services agency implementing
a trauma care system shall, as part of the minimum standards
adopted pursuant to Section 1798.161, commission the American
College of Surgeons to conduct a comprehensive begin insert regional end insert
assessment begin delete every three years end delete of equitability and access to its trauma
system. begin insert This assessment shall be performed on a regional basis,
in conjunction with other local emergency medical services
agencies in that agency’s region and the regional trauma
coordinating committee (RTCC) established by the authority for
that region. end insert The local emergency medical services begin delete agency end delete begin insert agencies end insert
shall submit the results of each assessment to the authority. begin insert These
assessments shall occur at least once every five years. After the
first assessment, the RTCCs, along with the authority, may
determine whether it would be proper for subsequent assessments
to occur on a more frequent basis depending on the outcomes of
the initial assessment, including outcomes with respect to access
to trauma care for rural and urban communities and trauma care
in case of bioterrorism, natural disasters, and mass casualties. end insert

begin insert

(d) Each of the five RTCCs may assess and provide
recommendations to the local emergency medical services agencies
and to the authority. The local emergency medical services
agencies implementing a trauma care system shall incorporate
these recommendations into their respective trauma care plans
and submit these revised plans to the authority for approval.

end insert begin insert

(e) (1) Five hundred thousand dollars ($500,000) is hereby
appropriated from the General Fund to the authority for the
implementation of a data collection system for conducting trauma
assessments across the state. The authority shall use these funds
for staff, setup of electronic data collection, materials, and any
other costs associated with implementing the data collection
system.

end insert begin insert

(2) The authority shall use the data collected to help implement
and direct the statewide trauma system plan, which shall address
a statewide plan for trauma in the case of bioterrorism, natural
disasters, mass casualties, and access to trauma care for rural
and urban communities. Implementation of the statewide trauma
system plan shall be completed by January 1, 2016.

end insert

SEC. 2.  

Due to the fact that the American College of Surgeons
is the only independent, nonprofit organization that conducts
assessments of trauma systems, the Legislature finds and declares
that a general statute cannot be made applicable within the meaning
of Section 16 of Article IV of the California Constitution and that
special legislation is necessary.