Bill Text: CA AB450 | 2021-2022 | Regular Session | Amended
Bill Title: Paramedic Disciplinary Review Board.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2021-10-04 - Chaptered by Secretary of State - Chapter 463, Statutes of 2021. [AB450 Detail]
Download: California-2021-AB450-Amended.html
Amended
IN
Assembly
March 22, 2021 |
Introduced by Assembly (Coauthor: Assembly Member Seyarto) |
February 08, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law establishes an Interdepartmental Committee on Emergency Medical Services to advise the Emergency Medical Services Authority on the coordination and integration of all state activities concerning emergency medical services. The membership of the committee is composed of representatives from specified government entities, including the State Department of Education and the State Department of Public Health.
This bill would add
representatives from the State Department of Health Care Services and the California Apprenticeship Council to the membership of the committee.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1797.112 of the Health and Safety Code is amended to read:1797.112.
(a) The Emergency Medical Services Personnel Fund is hereby created in the State Treasury, the funds in which are to be held in trust for the benefit of the authority’s testing and personnel licensureSEC. 2.
Article 2.5 (commencing with Section 1797.125) is added to Chapter 3 of Division 2.5 of the Health and Safety Code, to read:Article 2.5. Paramedic Board of California
1797.125.
(a) The Paramedic Board of California is hereby created in the Emergency Medical Services Authority. The board shall consist of seven members and shall enforce and administer this article.1797.125.01.
(a) The Paramedic Board of California shall be composed of the following members, who shall all be residents of California:1797.125.03.
(a) The board shall select an executive officer who shall perform the duties delegated to the executive officer by the board and who shall be responsible to the board for the accomplishment of those duties. The executive officer shall not be a member of the board.1797.125.05.
(a) The board shall select a chairperson from its members.1797.125.07.
(a) Notwithstanding any other provision of this division, the board may suspend an EMT-P license, place a licenseholder on probation, revoke an EMT-P license, and hear appeals regarding the denial of licensure as provided in this article.1797.125.09.
The board shall adopt any other regulations necessary to effectuate this article. In adopting regulations, the board shall comply with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.1797.125.11.
(a) The board shall develop criteria to aid it in considering denial, suspension, or revocation of a license or conditions of probation to determine whether the licenseholder’s conduct is substantially related to the qualifications, functions, or duties of a paramedic. When considering licensure action, the board shall consider the investment made by both the employer and the licenseholder in terms of education to secure the license, training and continuing education to maintain the license, and equipment and appropriate adjuncts to perform the duties of the license.1797.125.13.
(a) (1) An employer of a paramedic shall report to the director of the authority and the board the suspension or termination for cause of a paramedic in their employ. The required reporting does not waive the confidentiality of medical records. The information reported or disclosed shall be kept confidential as investigative information consistent with subdivision (d) of Section 1798.200. Except as provided in subdivision (c) of Section 1797.117, the information reported shall not be subject to discovery in civil cases.1797.125.15.
Notwithstanding any other provision of this division, a board may deny a license regulated by this division on the grounds that the applicant poses a threat to the public health and safety as described in subdivision (c) of Section 1798.200, including on the grounds that the applicant knowingly made a false statement of fact that is required to be revealed in the application for the license.1797.125.17.
(a) If the board denies an appeal of an application for licensure based solely or in part on the applicant’s conviction history, the board shall notify the applicant in writing of all of the following:SEC. 3.
Section 1797.172 of the Health and Safety Code is amended to read:1797.172.
(a) The authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt minimum standards for the training and scope of practice for EMT-P.SEC. 4.
Section 1797.185 of the Health and Safety Code is amended to read:1797.185.
(a) The authority shall establish criteria for the statewide recognition of the(b) After January 1, 1991, all regulations for EMT-P personnel adopted by the authority shall, where relevant, include provisions for statewide recognition of certification or authorization for the scope of practice of those personnel.
(c)
On or before July 1, 1991, the authority shall amend all relevant regulations for EMT-P personnel to include criteria developed pursuant to subdivision (c) of Section 1797.7 and subdivision (b) of Section 1797.172 to insure statewide recognition of certification for the scope of practice of those personnel.
(d)
SEC. 5.
Section 1797.194 of the Health and Safety Code is amended to read:1797.194.
The purpose of this section is to provide for the state licensure of EMT-P personnel. Notwithstanding any provision of law, including, but not limited to, Sections 1797.208 and 1797.214, all of the following applies to EMT-P personnel:SEC. 6.
Section 1798.200 of the Health and Safety Code is amended to read:1798.200.
(a) (1) (A) Except as provided in paragraph (2), an employer of an EMT-I or EMT-II may conduct investigations, as necessary, and take disciplinary action against an EMT-I or EMT-II who is employed by that employer for conduct in violation of subdivision (c). The employer shall notify the medical director of the local EMS agency that has jurisdiction in the county in which the alleged violation occurred within three days when an allegation has been validated as a potential violation of subdivision (c).SEC. 7.
Section 1798.202 of the Health and Safety Code is amended to read:1798.202.
(a) The director of the authority or the medical director of the local EMS agency, after consultation with the relevant employer, may temporarily suspend, prior to hearing, any EMT-P license upon a determination that: (1) the licensee has engaged in acts or omissions that constitute grounds for revocation of the EMT-P license; and (2) permitting the licensee to continue to engage in the licensed activity, or permitting the licensee to continue in the licensed activity without restriction, would present an imminent threat to the public health or safety.SEC. 8.
Section 1798.204 of the Health and Safety Code is repealed.Proceedings for probation, suspension, revocation, or denial of a certificate, or a denial of a renewal of a certificate, under this division shall be conducted in accordance with guidelines established by the Emergency Medical Services Authority.
SEC. 9.
Section 1798.210 of the Health and Safety Code is amended to read:1798.210.
(a) The(h)Nothing in this section shall preclude the authority from imposing an administrative fine in any stipulated settlement.
SEC. 10.
Section 1798.211 of the Health and Safety Code is amended to read:1798.211.
When making a decision regarding a disciplinary action pursuant to Section 1798.200 or Section 1798.210, the authority,An Interdepartmental Committee on Emergency Medical Services is hereby established. This committee shall advise the authority on the coordination and integration of all state activities concerning emergency medical services. The committee shall include a representative from each of the following state agencies and departments: the Office of Emergency Services, the Department of the California Highway Patrol, the Department of Motor Vehicles, a representative of the administrator of the California Traffic Safety Program as provided by Chapter 5 (commencing with Section 2900) of Division 2 of the Vehicle Code, the Medical Board of California, the State Department of Public Health, State Department of Health Care Services, the Board of Registered Nursing, the
State Department of Education, the California Apprenticeship Council, the National Guard, the Office of Statewide Health Planning and Development, the State Fire Marshal, the California Conference of Local Health Officers, the Department of Forestry and Fire Protection, the Chancellor’s Office of the California Community Colleges, and the Department of General Services.