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
Senate
September 03, 2021 |
Amended
IN
Senate
June 28, 2021 |
Amended
IN
Assembly
May 03, 2021 |
Amended
IN
Assembly
March 22, 2021 |
Introduced by Assembly Members Lorena Gonzalez and Rodriguez (Coauthor: Assembly Member Seyarto) |
February 08, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
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 licensure program, for the duties and activities of the Paramedic Disciplinary Review Board pursuant to Article 2.5 (commencing with Section 1797.125) of this chapter, and for the purpose of making reimbursements to entities for the performance of functions for which fees are collected pursuant to Section 1797.172, for expenditure upon appropriation by the Legislature.SEC. 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 Disciplinary Review Board
1797.125.
(a) The Paramedic Disciplinary Review Board 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 Disciplinary Review Board shall be composed of the following members, who shall all be residents of California:(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.
(b)With the approval of the Director of Finance, the board shall fix the salary of the executive officer.
1797.125.05. 1797.125.03.
(a) The board shall select a chairperson from its members.(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.
1797.125.05.
(a) (1) Notwithstanding any other provision of this division, on and after January 1, 2023, the board may act on appeals of the authority’s decision to impose licensure action and regarding the denial of licensure after review of the authority’s decision as set forth in subdivision (b) of Section 1798.200.
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. 1797.125.07.
(a) The board shall develop criteria to aid it in1797.125.13. 1797.125.09.
(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 theirNotwithstanding any other provision of this division, a board may deny a license regulated by this division upon appeal of a denial by the authority 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. 1797.125.11.
(a) If the board denies an appeal of an application forSEC. 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-Ps.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 licensure of EMT-P personnel in the basic scope of practice of those personnel. The criteria shall include all of the following: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).(b)The authority may deny an EMT-P license issued under this division upon the finding by the director of the occurrence of any of the actions listed in subdivision (c), and the denial is subject to appeal to the Paramedic Disciplinary Review Board. The Paramedic Disciplinary
Review Board may suspend
(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. If the suspension is initiated by the local EMS agency, subdivision (b) shall apply. If the suspension is initiated by the director of the authority,
subdivision (c) shall apply.
(b)The local EMS agency shall notify the licensee that their EMT-P license is suspended and shall identify the reasons therefor. Within three working days of the initiation of the suspension by the local EMS agency, the agency shall transmit to the authority, via facsimile transmission or overnight mail, all documentary evidence collected by the local EMS agency relative to the decision to temporarily suspend. Within two working days of receipt of the local EMS agency’s documentary evidence, the director of the authority shall determine the need for the licensure action. Part of that determination shall include an evaluation of the need for continuance of the suspension during the licensure action review process. If the director of the authority determines that the temporary suspension order
should not continue, the authority shall immediately notify the licensee that the temporary suspension is lifted. If the director of the authority determines that the temporary suspension order should continue, the authority shall immediately notify the licensee of the decision to continue the temporary suspension and shall, within 15 calendar days of receipt of the EMS agency’s documentary evidence, serve the licensee with a temporary suspension order and accusation pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(c)The director of the authority shall initiate a temporary suspension with the filing of a temporary suspension order and accusation pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code and shall notify
the director of the local EMS agency, and the relevant employer.
(d)If the licensee files a notice of defense, the hearing shall be held within 30 days of the authority’s receipt of the notice of defense. The temporary suspension order shall be deemed vacated if the authority fails to make a final determination on the merits within 15 days after the administrative law judge renders the proposed decision.
(e)The Paramedic Disciplinary Review Board shall promulgate regulations regarding the
temporary suspension of an EMT-P license and the conditions under which a license may be suspended.