Bill Text: NJ A6173 | 2024-2025 | Regular Session | Introduced
Bill Title: Provides for licensure of emergency medical responders and emergency medical technicians and certification of mobility assistance vehicle operators; revises requirements for delivery of emergency medical and patient transportation services.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2025-12-08 - Introduced, Referred to Assembly Health Committee [A6173 Detail]
Download: New_Jersey-2024-A6173-Introduced.html
Sponsored by:
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
SYNOPSIS
Provides for licensure of emergency medical responders and emergency medical technicians and certification of mobility assistance vehicle operators; revises requirements for delivery of emergency medical and patient transportation services.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning emergency medical and patient transportation services, supplementing Title 26 of the Revised Statues, and revising and repealing various parts of statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1984, c.146 (C.26:2K-7) is amended to read as follows:
1. As used in [this act] chapter 2K of Title 26 of the Revised Statutes:
a. "Advanced life support" means an advanced level of emergency medical care, including specialty care transport, which includes basic life support functions and the use of procedures, medications, and equipment established by the National Highway Traffic Safety Administration's National EMS Scope of Practice Model for paramedics, except for any provisions of the National EMS Scope of Practice Model expressly excluded by the commissioner in rules or regulations, and any other such procedures, medications, and equipment as set forth in section 6 of P.L.1984, c.146 (C.26:2K-12) or as otherwise authorized in rules or regulations promulgated by the commissioner[;].
b. "Board of Medical Examiners" means the State Board of Medical Examiners[;].
c. "Board of Nursing" means the New Jersey Board of Nursing[;].
d. "Commissioner" means the Commissioner of the Department of Health[;].
e. "Department" means the Department of Health[;].
f. "Emergency department" means a program in a hospital staffed 24 hours a day by a licensed physician trained in emergency medicine[;].
g. "Specialty care transport" means services that are above basic life support services rendered to patients before and during transportation between licensed facilities, during retrieval from those facilities, and upon arrival within those facilities[;].
h. "Mobile intensive care paramedic" means a person trained in advanced life support services and licensed by the commissioner to render advanced life support services as part of a mobile intensive care unit or as otherwise provided in section 4 of P.L.1984, c.146 (C.26:2K-10)[;].
i. "Mobile intensive care unit" means a specialized emergency medical service unit that is staffed in accordance with paragraph (2) of subsection a. of section 6 of P.L.1984, c.146 (C.26:2K-12) and operated for the provision of advanced life support services under the direction of an authorized hospital[;].
j. "Pre-hospital care" means those emergency medical services rendered by mobile intensive care units to emergency patients before and during transportation to emergency treatment facilities, and upon arrival within those facilities.
k. "Volunteer paramedic unit" means an operational subunit within a mobile intensive care unit that is exclusively staffed by at least two volunteer paramedics with access to any vehicle, including a personal vehicle.
l. "Agency EMS medical director" means a physician licensed in this State who is certified in emergency medicine or emergency medical services, or both, and is responsible for the medical oversight of a hospital mobile intensive care program.
m. "Mobile integrated health" means health care services delivered with the approval of the Department of Health to patients outside of a hospital setting, using mobile resources, and employing team-based and patient-centered care.
n. "Emergency medical responder" means an individual who is trained to assist and provide initial medical care and transportation services in accordance with the standards for emergency medical responders, as defined by the most current National EMS Scope of Practice Model and the National EMS Standards published by the National Highway Traffic Safety Administration, and who is licensed by the Department of Health to provide such services.
o. "Hospital transfer center" means a designated area, or department, within a licensed general acute care hospital in New Jersey, including satellite emergency departments, with the primary responsibilities of: coordinating patient referral and transfer agreements with one or more hospitals, encompassing emergency care and inpatient and outpatient services; assuming accountability for compliance with the transfer requirements outlined in N.J.A.C. 8:43G-5.2 et seq.; and ensuring seamless and efficient patient transitions between healthcare facilities.
p. "Mobility assistance vehicle operator" means an individual trained to provide mobility assistance vehicle services and who is certified by the Department of Health to provide such services.
q. "Mobility assistance vehicle service provider" means an entity that is licensed by the Department to provide nonemergency health care transportation for persons who are sick, have an infirmity, or have a disability, who are under the care and supervision of a physician, and whose medical condition is not of sufficient magnitude or gravity to require transportation by ambulance, but does require transportation from place to place for medical care and whose use of an alternate form of transportation, such as taxicab, bus, other public conveyance or private vehicle might create a serious risk to life and health.
(cf: P.L.2022, c.118, s.1)
2. Section 3 of P.L.1984, c.146 (C.26:2K-9) is amended to read as follows:
3. (1) The commissioner [after notice and hearing may revoke the license of a mobile intensive care paramedic for violation of any provision of this act or regulation promulgated hereunder] shall have the authority to summarily suspend a person's mobile intensive care paramedic license when, in the commissioner's opinion, the continued licensure of that person poses an immediate or serious threat to the public health, safety, or welfare.
(2) A person whose mobile intensive care paramedic license has been summarily suspended shall have the right to apply for emergency relief, as provided for by regulation.
(3) The commissioner may issue a formal written warning, impose a monetary penalty, place on probation, suspend, revoke, or refuse to issue or renew the license of any mobile intensive care paramedic for violation of any of the rules adopted by the department concerning the practice of mobile intensive care paramedics.
(cf: P.L.2022, c.118, s.6)
3. (New section) a. The commissioner shall establish crewmember minimum staffing requirements for: specialty care transport units; mobile intensive care units; basic life support units for emergent response; basic life support units for non-emergent medical transportation; and mobility assistance vehicles. All crewmembers shall hold a license or certification issued by the commissioner or other credentials as may be deemed acceptable by the commissioner.
b. The commissioner shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.):
(1) describing the circumstances in which a basic life support unit for non-emergency medical transport may be staffed by a minimum of one emergency medical responder and one emergency medical technician; and
(2) establishing an appeals process for basic life support units for instances in which the Department of Health determines that a basic life support unit staffed by a minimum of one emergency medical responder and one emergency medical technician acted outside of scope of the rules established by the commissioner pursuant to paragraph (1) of this subsection. The appeals process shall consider whether the basic life support unit was acting in good faith and in the best interest of the patient.
4. Section 7 of P.L.1984, c.146 (C.26:2K-13) is amended to read as follows:
7. a. No person, business, or agency may advertise or disseminate information to the public that the person, business, or agency provides advanced life support services by a mobile intensive care unit unless the person, business, or agency is authorized to do so pursuant to section 6 of P.L.1984, c.146 (C.26:2K-12).
b. No person may impersonate or refer to himself or herself as a mobile intensive care paramedic, emergency medical technician, emergency medical responder, or mobility assistance vehicle operator unless the person is licensed, certified, or otherwise approved therefor, as appropriate.
(cf: P.L.2022, c.118, s.9)
5. Section 8 of P.L.1984, c.146 (C.26:2K-14) is amended to read as follows:
8. No emergency medical technician, mobile intensive care paramedic, licensed physician, hospital or its board of trustees, officers and members of the medical staff, registered nurse, advanced practice nurse, physician assistant, emergency medical responder, mobility assistance vehicle operator, or other employees of the hospital, first aid, ambulance or rescue squad, licensed emergency medical services agency, or officers and members of a first aid, ambulance or rescue squad shall be liable for any civil damages as the result of an act or the omission of an act committed while in training for or in the rendering of basic and advanced life support services in good faith and in accordance with [this act] P.L.1984, c.146 (C.26:2K-7 et seq.).
(cf: P.L.2022, c.118, s.10)
6. Section 14 of P.L.1984, c.146 (C.26:2K-20) is amended to read as follows:
Nothing in [this act] P.L.1984, c.146 (C.26:2K-1 et seq.) shall be construed to prevent a licensed and qualified member of the health care profession from performing any of the duties of a mobile intensive care paramedic, emergency medical technician, or emergency medical responder, if the duties are consistent with the accepted standards of the member's profession.
(cf: P.L.1984, c. 146, s. 14)
7. Section 1 of P.L.2013, c.101 (C.26:2K-65) is amended to read as follows:
1. a. An emergency medical technician shall obtain licensure from the commissioner to provide basic life support services and shall make an application therefor on forms prescribed by the commissioner.
b. The [Commissioner of Health] commissioner shall establish written standards and application procedures which a person shall successfully complete in order to be [certified] licensed or to renew a license as an [EMT] emergency medical technician.
[b. A person who possesses a current EMT certification in good standing from another state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico may obtain an EMT certification from the commissioner to provide basic life support and may make application therefor on forms prescribed by the commissioner.]
c. The commissioner shall make a determination regarding applications of candidates for [certification] licensure as an [EMT] emergency medical technician within 30 days of the receipt of a complete application and background check. The determination may provide that the commissioner requires more time to adequately review the application. An application may be denied if the application is incomplete, contains false or fraudulent information, or the applicant has been suspended or revoked in any other state or jurisdiction or would otherwise be ineligible for [EMT certification] emergency medical technician licensure, as determined by the commissioner.
[The commissioner shall approve an application upon determining that the certification standards of the applicant's certifying jurisdiction exceed or are equivalent to the EMT certification standards established by the commissioner and the applicant is not disqualified pursuant to P.L.2023, c.229 (C.26:2K-65.1 et al.).]
d. [Applicants for EMT certification, who have equivalent military training or experience in any branch of the active duty or reserve component of the Armed Forces of the United States or the National Guard of any state, shall be certified by the commissioner if the commissioner determines that the applicant's military training and experience exceed or are equivalent to the certification standards established by the commissioner] The department shall maintain a register of all applicants for licensure pursuant to this section, which register shall include, but not be limited to:
(1) the name and residence of the applicant;
(2) the date of the application; and
(3) information as to whether the applicant was rejected or licensed and the date of that action.
e. (1) The commissioner shall have the authority to summarily suspend a person's emergency medical technician license when, in the commissioner's opinion, the continued licensure of that person poses an immediate or serious threat to the public health, safety, or welfare.
(2) A person whose emergency medical technician license has been summarily suspended shall have the right to apply for emergency relief, as provided for by regulation.
(3) The commissioner may issue a formal written warning, impose a monetary penalty, place on probation, suspend, revoke, or refuse to issue or renew the license of any emergency medical technician for violation of any of the rules adopted by the department
concerning the practice of emergency medical technicians.
(cf: P.L.2023, c.229, s.1)
8. Section 2 of P.L.2023, c.229 (C.26:2K-65.1) is amended to read as follows:
2. a. The Department of Health shall not issue a certification to a mobility assistance vehicle operator or license to an [EMT] emergency medical technician or emergency medical responder candidate unless the commissioner first determines, consistent with the requirements of sections [1] 7 through [4] 13 of [P.L.2023, c.229 (C.26:2K-65 through 26:2K-65.3)] P.L. , c. (C. ) (pending before the Legislature as this bill), that no criminal history record information exists on file in the Federal Bureau of Investigation, Identification Division, or in the State Bureau of Identification in the Division of State Police, which would disqualify that person from being certified or licensed.
An [EMT certified] emergency medical technician or emergency medical responder licensed, or mobility assistance vehicle operator certified, by the department prior to the effective date of [P.L.2023, c.229 (C.26:2K-65.1 et al.)] P.L. , c. (C. ) (pending before the Legislature as this bill) who has not undergone a criminal history record background check, shall undergo the criminal history record background check as a condition of that individual's recertification or licensure renewal following the effective date of [P.L.2023, c.229 (C.26:2K-65.1 et al.)] P.L. , c. (C. ) (pending before the Legislature as this bill).
A follow-up criminal history record background check of federal records shall be conducted at least once every three years as a condition of recertification or licensure renewal for every [EMT] mobility assistance vehicle operator, emergency medical technician, and emergency medical responder.
b. An [EMT] emergency medical technician or emergency medical responder candidate shall be disqualified from [certification] licensure, and a mobility assistance vehicle operator candidate shall be disqualified from certification, if that candidate's criminal history record background check reveals a record of conviction of any of the following crimes or offenses:
(1) In New Jersey, any crime or disorderly persons offense:
(a) involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.2C:11-1 et seq., N.J.S.2C:12-1 et seq., N.J.S.2C:13-1 et seq., N.J.S.2C:14-1 et seq., or N.J.S.2C:15-1 et seq.;
(b) involving arson as set forth in N.J.S.2C:17-1 or causing or risking widespread injury or damage as set forth in N.J.S.2C:17-2;
(c) involving forgery and fraudulent offenses as set forth in chapter 21 of Title 2C of the New Jersey Statutes;
(d) against the family, children, or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.2C:24-1 et seq.;
(e) involving theft as set forth in chapter 20 of Title 2C of the New Jersey Statutes;
(f) involving any controlled dangerous substance or controlled substance analog as set forth in chapter 35 of Title 2C of the New Jersey Statutes; or
(g) that would qualify the person for registration pursuant to section 2 of P.L.1994, c.133 (C.2C:7-2).
(2) In any other state or jurisdiction, of any crime or disorderly persons offense involving conduct which, if committed in this State, would constitute any of the crimes or disorderly offenses described in paragraph (1) of this subsection.
c. Except for a disqualification based on conviction for a crime enumerated in subparagraph (g) of paragraph (1) of subsection b. of this section or a crime in any other state or jurisdiction involving conduct which, if committed in this State, would constitute a crime enumerated in subparagraph (g) of paragraph (1) of subsection b. of this section, a person shall not be disqualified from licensure or certification on the basis of any conviction disclosed by a criminal history record background check performed pursuant to the requirements of this [act] section if the person has affirmatively demonstrated to the commissioner clear and convincing evidence of the person's rehabilitation.
In determining whether a person has affirmatively demonstrated rehabilitation, the following factors shall be considered:
(1) the nature and responsibility of the position which the convicted person would hold, has held, or currently holds, as the case may be;
(2) the nature and seriousness of the offense;
(3) the circumstances under which the offense occurred;
(4) the date of the offense;
(5) the age of the person when the offense was committed;
(6) whether the offense was an isolated or repeated incident;
(7) any social conditions which may have contributed to the offense; and
(8) any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of those who have had the person under their supervision.
d. If a person subject to the provisions of [sections 1 through 4 of P.L.2023, c.229 (C.26:2K-65 through 26:2K-65.3)] this section refuses to consent to, or cooperate in, the securing of a criminal history background check, the commissioner shall, as applicable:
(1) not issue an [EMT certification] emergency medical technician or emergency medical responder license or mobility assistance vehicle operator certification; or
(2) revoke the person's [EMT certification] emergency medical technician or emergency medical responder license or mobility assistance vehicle operator certification.
(cf: P.L.2023, c.229, s.2)
9. Section 3 of P.L.2023, c.229 (C.26:2K-65.2) is amended to read as follows:
3. a. An applicant for certification as a mobility assistance vehicle operator or licensure as an [EMT] emergency medical technician or emergency medical responder who is required to undergo a criminal history record background check pursuant to section 2 of P.L.2023, c.229 [(C.26:2K-65.1 et al.)] (C.26-2K-65.1) shall submit to the commissioner that individual's name, address, and fingerprints in accordance with the standards established by the New Jersey State Police and the Federal Bureau of Investigation for civil applicants. The commissioner is authorized to exchange fingerprint data with and receive criminal history record information from the Federal Bureau of Investigation and the Division of State Police for use in making the determinations required by section 2 of P.L.2023, c.229 [(C.26:2K-65.1 et al.)] (C.26:2K-65.1).
b. Upon receipt of the criminal history record information for a person from the Federal Bureau of Investigation or the Division of State Police, the commissioner shall immediately notify, in writing, the applicant of the results of the criminal history record background check. If the person is disqualified, the conviction or convictions which constitute the basis for the disqualification shall be identified in the notice to the person, but shall not be identified to any other person.
c. The person who is the subject of the background check shall have 30 days from the date of the written notice of disqualification to petition the commissioner for a hearing on the accuracy of the person's criminal history record information or to establish the person's rehabilitation under subsection c. of section 2 of P.L.2023, c.229 (C.26:2K-65.1). Upon the issuance of a final decision following a petition to the commissioner pursuant to this subsection, the commissioner shall notify the person as to whether the person remains disqualified from licensure or certification.
(cf: P.L.2023, c.229, s.3)
10. Section 4 of P.L.2023, c.229 (C.26:2K-65.3) is amended to read as follows:
4. The Department of Health may require a candidate for an [EMT certification] emergency medical technician or emergency medical response license or mobility assistance vehicle operator certification to bear the costs of the criminal history record background check as may be deemed necessary by the department.
(cf: P.L.2023, c.229, s.4)
11. (New section) a. An emergency medical responder shall obtain licensure from the commissioner to provide initial medical care and transportation services, as defined by the most current National EMS Scope of Practice Model published by the National Highway Traffic Safety Administration, and shall make an application therefor on forms prescribed by the commissioner.
b. The commissioner shall establish written standards and application procedures which an emergency medical responder shall meet in order to obtain licensure or to renew licensure as an emergency medical responder. The commissioner shall license a candidate who provides satisfactory evidence of the successful completion of an educational program approved by the commissioner for the training of emergency medical responders and who passes an examination approved by the department for the licensure. The commissioner shall approve at least two educational programs that can be completed to satisfy the educational requirements of this subsection.
c. The department shall maintain a register of all applicants for licensure hereunder, which register shall include but not be limited to:
(1) the name and residence of the applicant;
(2) the date of the application; and
(3) information as to whether the applicant was rejected or licensed and the date of that action.
d. (1) The commissioner shall have the authority to summarily suspend a person's emergency medical responder license when, in the commissioner's opinion, the continued licensure of that person poses an immediate or serious threat to the public health, safety, or welfare.
(2) A person whose emergency medical responder license has been summarily suspended shall have the right to apply for emergency relief, as provided for by regulation.
(3) The commissioner may issue a formal written warning, impose a monetary penalty, place on probation, suspend, revoke, or refuse to issue or renew the license of any emergency medical responder for violation of any of the rules adopted by the department concerning the practice of emergency medical responders.
12. (New section) a. The Commissioner of Health shall establish written standards which a person shall successfully complete in order to be licensed as an emergency medical technician or emergency medical responder by reciprocity.
b. A person who possesses a current emergency medical technician or emergency medical responder license in good standing from another state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico may obtain an emergency medical technician or emergency medical responder license, as applicable, from the commissioner and may make an application therefor on forms prescribed by the commissioner.
c. The commissioner shall make a determination regarding applications of candidates for licensure by reciprocity as an emergency medical technician or emergency medical responder within 30 days of the receipt of a complete application and background check. The determination may provide that the commissioner requires more time to adequately review the application. An application may be denied if the application is incomplete, contains false or fraudulent information, or the applicant has been suspended or revoked in any other state or jurisdiction or would otherwise be ineligible for emergency medical technician or emergency medical responder licensure, as determined by the commissioner.
The commissioner shall approve an application upon determining that the certification or licensure standards of the applicant's certifying or licensing jurisdiction exceed or are equivalent to the emergency medical technician and emergency medical responder standards established by the commissioner and the applicant is not disqualified pursuant to section 2 of P.L.2023, c.229 (C.26:2K-65.1).
d. Applicants for emergency medical technician or emergency medical responder licensure, who have equivalent military training or experience in any branch of the active duty or reserve component of the Armed Forces of the United States or the National Guard of any state, shall be licensed by the commissioner if the commissioner determines that the applicant's military training and experience exceed or are equivalent to the licensing standards established by the commissioner
13. (New section) a. A mobility assistance vehicle operator shall obtain certification from the commissioner to provide non-emergent transportation on a licensed mobility assistance vehicle and shall make an application therefor on forms prescribed by the commissioner.
b. The commissioner shall establish written standards and application procedures which a mobility assistance vehicle operator shall meet in order to obtain certification or renew certification as a mobility assistance vehicle operator. The commissioner shall certify a candidate who provides satisfactory evidence of the successful completion of an educational program approved by the commissioner for the training of mobility assistance vehicle operators and who passes an examination approved by the department for certification.
c. The department shall maintain a register of all applicants for certification pursuant to this section, which register shall include, but not be limited to:
(1) the name and residence of the applicant;
(2) the date of application; and
(3) information as to whether the applicant was rejected or certified and the date of that action.
d. (1) The commissioner shall have the authority to summarily suspend a person's mobility assistance vehicle operator certification when, in the commissioner's opinion, the continued certification of that person poses an immediate or serious threat to the public health, safety or welfare.
(2) A person whose mobility assistance vehicle operator certification has been summarily suspended shall have the right to apply for emergency relief, as provided for by regulation.
(3) The commissioner may issue a formal written warning, impose a monetary penalty, place on probation, suspend, revoke, or refuse to issue or renew the certification of any mobility assistance vehicle operator for violation of any of the rules adopted by the department concerning the practice of mobility assistance vehicle operators.
14. Section 1 of P.L.2017, c.116 (C.26:2K-66) is amended to read as follows:
1. As used in P.L.2017, c.116 (C.26:2K-66 et seq.):
"Commissioner" means the Commissioner of Health.
"Department" means the Department of Health.
"Emergency medical responder" means an individual who is trained to assist and provide initial medical care and transportation services in accordance with the standards for emergency medical responders, as defined by the most current National EMS Scope of Practice Model and the National EMS Standards published by the National Highway Traffic Safety Administration, and who is licensed by the Department of Health to provide such services.
"Emergency Medical Services Advisory Council" means the Emergency Medical Services Council constituted in the department as of the effective date of P.L.2017, c.116 (C.26:2K-66 et seq.), which serves as the main emergency medical services advisory council to the commissioner and the Office of Emergency Medical Services, makes recommendations and advises on emergency medical services in New Jersey, monitors legislative developments at all levels and in other states, and supports Statewide public information and education for consumers regarding emergency medical services.
"Emergency Medical Services Task Force" means the Emergency Medical Services Task Force constituted in the department as of the effective date of P.L.2017, c.116 (C.26:2K-66 et seq.).
"Emergency medical services dispatch center" means any communications center which provides services in connection with the coordination of requests for emergency medical services, including, but not limited to, call intake, call processing, emergency medical dispatch, call triage, unit assignment, and dispatch and tracking of any emergency medical services provider or other first responder.
"Emergency medical services provider" means any association, organization, company, department, agency, service, program, unit, or other entity that provides pre-hospital emergency medical care to patients in this State, including, but not limited to, a basic life support ambulance service, a mobile intensive care unit, an air medical service, or a volunteer or non-volunteer first aid, rescue, and ambulance squad.
"First responder" means a federal, State, or local law enforcement or police officer, firefighter, emergency medical personnel, hazardous materials response team members, 9-1-1 dispatcher, or any other person who [has been trained to provide emergency medical first response services in a program recognized by the commissioner] is responsible for the protection and preservation of life and property and is directed to respond to, or happens upon, an incident that could result in loss of property, death, or serious injury.
"Opioid antidote" means naloxone hydrochloride, or any other similarly acting drug approved by the United States Food and Drug Administration for the treatment of an opioid overdose.
"Pre-hospital emergency medical care" means the provision of emergency medical care or transportation by trained and certified or licensed emergency medical services personnel at the scene of an emergency and while transporting sick or injured persons to a medical care facility or provider.
(cf: P.L.2017, c.116, s.1)
15. (New section) a. Each mobility assistance vehicle service provider, specialty care transport unit, and basic life support unit used for non-emergent medical transportation shall complete and submit to the department an electronic patient care report for each patient encounter in which the patient received nonemergency health care transportation services. The electronic patient care report required by this subsection shall be submitted to the department in such format as prescribed by the commissioner, and shall include, but not be limited to, the data elements utilized in the most recent National Emergency Medical Services Information System.
b. The commissioner shall establish, by regulation and as appropriate for each type of service provider, requirements for:
(1) the collection of data that is to be obtained from each patient encounter pursuant to this section;
(2) the creation and use of the patient care report to provide the data contained therein in electronic form to the receiving facility in a timely manner; and
(3) the electronic reporting of this data to the department.
c. The department shall develop and maintain an electronic record of the patient data reported pursuant to this section and shall make such non-identifying patient data available for research purposes, in accordance with guidelines to be established by the commissioner and subject to the requirements and restrictions of State and federal laws and regulations.
d. Each certified mobility assistance vehicle operator and licensed emergency medical responder, mobile intensive care paramedic, registered professional nurse, and emergency medical technician, who submits an electronic patient care report pursuant to this section, shall utilize a unique identification number, as designated and issued by the department, when submitting the electronic patient care report.
e. The commissioner may adopt rules and regulations as may be necessary to implement the provisions of this section, which rules and regulations shall be effective immediately upon filing with the Office of Administrative Law for a period not to exceed 18 months, and may, thereafter, be amended, adopted, or readopted in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
16. (New section) Each hospital transfer center in the State shall be required to provide, in such form and manner as the commissioner shall prescribe, data concerning patient referrals and transfers upon request by the Department of Health.
17. (New section) The Department of Health shall conduct a study on the quality of emergency medical services care and workforce in the State, and shall prepare and submit a written report, within 18 months of the effective date of this act, P.L. , c. (C. ) (pending before the Legislature as this bill), to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, which shall include, but not be limited to, an examination of the following:
(1) clinician burnout for emergency medical technicians, by evaluating, at a minimum, the average number of work hours per week per month, burnout scales, the number of clinical hours on shift as compared to number of hours off shift, and whether new guidelines for clinical hour requirements would increase emergency medical technician workload and by how much;
(2) crew configuration;
(3) patient throughput, including transport and discharge times for patients from initiation to completion;
(4) hospital-based outcomes compared to private-based outcomes and metrics; and
(5) patient injuries, investigations, and complaints.
18. Section 1 of P.L.1981, c.51 (C.18A:39-20.1) is amended to read as follows:
1. a. Notwithstanding any statute or regulation to the contrary, any board of education, governing body of a nonpublic school, or State agency may authorize qualified school personnel, State employees, or parents to transport school children to and from related school activities in a private vehicle with a capacity of eight or less. The board of education, governing body of a nonpublic school, or State agency may also designate school personnel to transport school children to and from school. The designated personnel will only be deemed qualified to transport school children to and from school if the designated school personnel meet the following criteria:
(1) be at least 21 years of age;
(2) possess a New Jersey driver's license for a minimum of three years;
(3) have a completed physical on file with the school district or local education agency;
(4) have completed a criminal history background check by the New Jersey Department of Education and a Child Abuse Record Information check;
(5) submit a driving record for the past five years demonstrating evidence of no alcohol- or drug-related motor vehicle violations; and
(6) have completed the training program established in accordance with P.L.2015, c.123 (C.18A:39-19.2 et seq.) on appropriate procedures for interacting with students with special needs.
The designated personnel that meet these criteria must utilize a vehicle that does not exceed a maximum seating capacity of eight passengers, excluding the driver, to transport school children to and from school.
Any person authorized by a board, body, or agency to provide such transportation services shall not be required to be licensed or regulated as a school bus driver. Such transportation shall be exempt from all registration, equipment, inspection, and maintenance requirements imposed on the transportation of pupils by school bus. Evidence of appropriate automobile insurance requirements for the vehicle must be submitted by the board of education, governing body of a nonpublic school, or State agency to the Executive County Superintendent by a date set by the Commissioner of the New Jersey Department of Education.
Each year prior to transporting school children, the board of education, governing body of a nonpublic school, or State agency designating school personnel as qualified to transport school children to and from school pursuant to this law must submit the list of designated drivers to the Executive County Superintendent by a date set by the Commissioner of the New Jersey Department of Education. Only school personnel submitted by that date will be eligible to transport school children to and from school for a given school year.
The board of education, governing body of a nonpublic school, or State agency designating school personnel as qualified to transport school children to and from school pursuant to this law must also submit periodic copies of the designated personnel's driving record showing no alcohol- or drug-related motor vehicle violations or any other motor vehicle violations that would disqualify the driver's eligibility of transporting school children pursuant to Title 18A of the New Jersey Statutes and Title 39 of the Revised Statutes to the Executive County Superintendent by a date set, and at a frequency set, by the Commissioner of the New Jersey Department of Education. Failure to provide the requisite driving record within the prescribed time frame will result in the removal of that individual from the list of designated drivers.
b. Notwithstanding any statute or regulation to the contrary, any board of education, governing body of a nonpublic school, or State agency may authorize a [person certified as a mobility assistance vehicle technician] mobility assistance vehicle operator to transport a student with medical needs to and from school or related school activities in a mobility assistance vehicle. Any [certified mobility assistance vehicle technician] mobility assistance vehicle operator authorized by a board, body, or agency to provide such transportation services shall not be required to be licensed or regulated as a school bus driver. Such transportation shall be exempt from all registration, equipment, inspection, and maintenance requirements imposed on the transportation of students by a school bus.
Each year prior to transporting students, a [certified mobility assistance vehicle technician] mobility assistance vehicle operator who transports a student with medical needs in accordance with this section shall furnish to the executive county superintendent a criminal history background check and evidence of a check for the technician's record of alcohol- and drug-related motor vehicle violations.
For the purposes of this
subsection, "student with medical needs" means a school-aged child
who suffers from a life-threatening medical condition and, as a result of such
condition, requires more
individualized and continuous care.
(cf: P.L.2024, c.81, s.1)
19. Section 1 of P.L.1981, c.134 (C.30:4D-6.2) is amended to read as follows:
1. For the purposes of this act:
a. ["Certified trained personnel" means one or more individuals directly providing mobility assistance vehicle services possessing and carrying upon their persons a current certificate of completion of an advanced medical training course, as determined by the Commissioner of Health.] (deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
b. "Division" means the Division of Medical Assistance and Health Services in the Department of Human Services.
c. "Mobility assistance vehicle service provider" means [the provision of] an entity that is licensed by the Department of Health to provide nonemergency health care transportation [, supervised by certified trained personnel,] for Medicaid recipients who are sick, have an infirmity, or have a disability, and who are under the care and supervision of a physician and whose medical condition is not of sufficient magnitude or gravity to require transportation by ambulance, but does require transportation from place to place for medical care and whose use of an alternate form of transportation, such as taxicab, bus, other public conveyance or private vehicle might create a serious risk to life and health.
d. "Medicaid recipient" means any person who is determined to be eligible to receive mobility assistance vehicle services as provided under P.L.1981, c.134 (C.30:4D-6.2 et seq.) and meets the eligibility requirements pursuant to the "New Jersey Medical Assistance and Health Services Act," P.L.1968, c. 413.
e. "Provider" means [any person, public or private institution, agency or business concern lawfully] a mobility assistance vehicle service provider providing mobility assistance vehicle services authorized under P.L.1981, c.134 (C.30:4D-6.2).
f. "Mobility assistance vehicle operator" means an individual trained to provide mobility assistance vehicle services and who is certified by the Department of Health to provide such services.
(cf: P.L.2017, c.131, s.118)
20. Section 3 of P.L.1981, c.134 (C.30:4D-6.4) is amended to read as follows:
3. After consulting with the Commissioner of Human Services, the Commissioner of Health is authorized and empowered to issue and enforce, or cause to be issued and enforced through the division, all necessary rules, regulations, and administrative orders with respect to:
a. The development of minimum requirements concerning the equipment, supplies, and vehicles of providers of mobility assistance vehicle services;
b. The establishment of standards for the amount of liability insurance each provider must maintain in order to be eligible to provide mobility assistance vehicle services. Evidence of such insurance, including the name of the insurer and the policy number, shall be filed at the time of application for approval by the division and from time to time as the division shall deem necessary; and
c. The establishment of standards for [certified trained personnel] mobility assistance vehicle operators employed by providers of mobility assistance vehicle services.
(cf: P.L.2012, c.17, s.360)
21. (New section) Any individual who violates a provision of this chapter shall be subject to a penalty of $200 for the first offense and $500 for each subsequent offense. If the violation of this chapter is of a continuing nature, each day during which it continues shall constitute a separate offense. The penalty shall be collected and enforced by summary proceedings under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
22. (New section) The provisions of this act shall not supersede any Certificate of Waiver for Basic Life Support Services issued by the Department of Health in effect on the date of enactment or as subsequently extended or amended.
23. (New section) Within 12 months of the effective date of this act, the Commissioner of Health shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as necessary to implement the provisions of this act.
24. P.L.1985, c.351 (C.26:2K-21 through C.26:2K-34) and P.L.1989, c.214 (C.26:2K-39 through C.26:2K-47) are repealed.
25. This act shall take effect on the first day of the sixth month next following the date of enactment, but the Commissioner of Health may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of the act.
STATEMENT
This bill provides for the licensure of emergency medical responders (EMRs) and emergency medical technicians (EMTs) and the certification of mobility assistance vehicle operators (MAVOs) by the Department of Health (department), makes various changes to the regulation of emergency medical services in the State, and establishes reporting requirements for certain health care providers providing or coordinating certain transportation services for patients.
The bill requires EMRs and EMTs to be licensed and MAVOs to be certified by the department in order to provide emergency medical services and mobility assistance vehicle services, respectively.
The Commissioner of Health (commissioner) will establish written standards and application procedures for the licensure of EMRs, EMTs and the certification of MAVOs. The commissioner will also establish written standards for the licensure of EMTs and EMRs by reciprocity. The commissioner will license or certify a candidate who provides satisfactory evidence of the successful completion of an educational program approved by the commissioner for the training of EMRs, EMTs, or MAVOs, as applicable, and who passes an examination approved by the department for the licensure. The commissioner may also license applicants for EMT or EMT licensure who have certain equivalent military training or experience.
The bill prohibits a person from impersonating a licensed EMR or EMT or certified MAVO and provides certain immunity from civil damages to EMRs and MAVOs.
The bill revises current law and provides the commissioner the authority to summarily suspend a person's mobile intensive care paramedic, EMT, or EMR license or MAVO certification when, in the commissioner's opinion, the continued licensure or certification of that person poses an immediate or serious threat to the public health, safety or welfare. A person whose license or certification has been summarily suspended will have the right to apply for emergency relief. The commissioner may issue a formal written warning, impose a monetary penalty, place on probation, suspend, revoke, or refuse to issue or renew the license of any mobile intensive care paramedic, EMR, or EMT, or the certification of any MAVO, for violation of any of the rules adopted by the department pursuant to the bill. Under current law, the commissioner is required to provide certain notice and hearing before revoking the license or certification of certain emergency medical service providers.
The bill establishes certain staffing requirements for specialty care transport units, mobile intensive care units, basic life support units for emergent response, and mobility assistance vehicles. The bill requires all crewmembers to hold the appropriate license or certification as determined by the commissioner.
The bill requires each mobility assistance vehicle service provider, specialty care transport unit, and basic life support unit used for non-emergent medical transportation to complete and submit to the department an electronic patient care report for each patient encounter in which the patient received nonemergency health care transportation services. The commissioner will establish, by regulation, requirements for: (1) the collection of data that is to be obtained from each patient encounter; (2) the creation and use of the patient care report to provide the data in electronic form to the receiving facility in a timely manner; and (3) the electronic reporting of this data to the department. The department will develop and maintain an electronic record of the patient data reported and will make such non-identifying patient data available for research purposes, in accordance with guidelines to be established by the commissioner and subject to the requirements and restrictions of State and federal law and regulations.
The bill requires each hospital transfer center in the State to provide data concerning patient referrals and transfers upon request by the department.
The bill requires the department to conduct a study on the quality of emergency medical services care and workforce in the State and to prepare and submit a written report to the Governor and Legislature.
The bill establishes certain penalties for the violation of laws contained in chapter 2K of Title 26 of the Revised Statutes.
The bill repeals P.L.1985, c.351 (C.26:2K-21 through C.26:2K-34) and P.L.1989, c.214 (C.26:2K-39 through C.26:2K-47), which establish EMT designations that are no longer used in current practice.
