Amended in Assembly May 7, 2014

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 begin insert , and to add Section 1797.120 to, end insert the Health and Safety Code, relating to emergency medical services, and making an appropriation therefor.

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. 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.

This bill would require a local EMS agency implementing a trauma care system, as part of the minimum standards, to commission begin delete the American College of Surgeons end delete begin insert end insert begin insert an independent nonprofit organization or governmental entity qualified to assess trauma systems end insert to conduct a comprehensive regional assessment of equitability and access to its trauma system, and would require 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 the local EMS agencies to submit the results of each assessment to the authority. The bill would require that the assessments occur at least once every five years, but would authorize the RTCCs 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. begin delete The bill would also make legislative findings and declarations regarding the need for special legislation. end delete

This begin insert bill would require the authority to develop a end insert begin insert statewide trauma plan that addresses all aspects of a trauma care system and would require the authority to report to the Legislature, by March 31, 2015, the status of the development or implementation of the statewide trauma plan. The end insert 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 begin delete , as specified, and would require the implementation to be completed by January 1, 2016 end delete .

Vote: ²⁄₃. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1797.120 is added to the end insert begin insert Health and
Safety Code end insert begin insert , to read: end insert

begin insert

begin insert 1797.120. end insert   

(a) (1) The authority shall develop a statewide
trauma plan that addresses all aspects of a trauma care system,
including, but not limited to, a statewide plan for trauma in the
case of bioterrorism, natural disasters, mass casualties, and access
to trauma care for rural and urban communities.

(2) (A) By March 31, 2015, the authority shall report to the
Legislature, in compliance with Section 9795 of the Government
Code, the status of the development or implementation of the
statewide trauma plan.

(B) The requirement for submitting a report imposed under
subparagraph (A) is inoperative on March 31, 2019, pursuant to
Section 10231.5 of the Government Code.

(b) (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.

(2) The authority shall use the data collected to help direct and
implement the statewide trauma plan.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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 begin delete the American
College of Surgeons end delete begin insert an independent nonprofit organization or
governmental entity qualified to assess trauma systems end insert to conduct
a comprehensive regional assessment of equitability and access to
its trauma system. 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. The local emergency medical services agencies shall
submit the results of each assessment to the authority. 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.

(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.

begin delete

(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.

(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 delete

begin delete

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.

end delete