Bill Text: WV HB4599 | 2022 | Regular Session | Introduced
Bill Title: To modify the membership of the Emergency Medical Services Advisory Council
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-02-09 - To House Government Organization [HB4599 Detail]
Download: West_Virginia-2022-HB4599-Introduced.html
WEST VIRGINIA LEGISLATURE
2022 REGULAR SESSION
Introduced
House Bill 4599
By Delegate Riley
[Introduced February 09, 2022; Referred to the Committee on Government Organization]
A BILL to amend and reenact §16-4C-5 of the Code of West Virginia, 1931, as amended, relating to reducing the composition, and modifying the membership of the Emergency Medical Services Advisory Council to provide for 12 members appointed by the Governor with advice and consent of the Senate, to provide for ex-officio, nonvoting membership by the Secretary of the Department of Health and Human Resources or his or her designee; providing for staggered terms, setting term limits, and establishing an effective date of July 1, 2022.
Be it enacted by the Legislature of West Virginia:
ARTICLE 4C. EMERGENCY MEDICAL SERVICES ACT.
§16-4C-5. Emergency Medical Services Advisory Council; duties; composition; appointment; meetings; compensation and expenses.
(a) The Emergency Medical Services Advisory Council, created and established by former §16-4C-7 of this code, is continued until June 30, 2022. Effective July 1, 2022, the Emergency Medical Services Advisory Council is reestablished for the purpose of developing, with the commissioner, standards for emergency medical services personnel and for the purpose of providing advice to the Office of Emergency Medical Services and the commissioner with respect to reviewing and making recommendations for, and providing assistance to, the establishment and maintenance of adequate emergency medical services for all portions of this state.
(b) The council shall advise the commissioner in all matters pertaining to his or her duties and functions in relation to carrying out the purposes of this article.
(c) The council shall review any rule proposed by the commissioner for legislative approval as provided for in §16-4C-6(a) of this code. After reviewing the legislative rule, the Emergency Medical Services Advisory Council shall provide a recommendation to the Legislative Rule-Making Review Committee that the Legislature:
(1) Authorize the promulgation of the legislative rule;
(2) Authorize the promulgation of part of the legislative rule;
(3) Authorize the promulgation of the legislative rule with certain amendments;
(4) Recommend that the proposed rule be withdrawn; or
(5) Reject the proposed rule.
(d) The Effective July 1, 2022, the council shall be composed of 18 the
following 12 voting members appointed
by the Governor by and with the advice and consent of the Senate: The
Mountain State Emergency Medical Services Association shall submit to the
Governor a list of six names of representatives from its association and a list
of three names shall be submitted to the Governor of representatives of their
respective organizations by the County Commissioners’ Association of West
Virginia, the West Virginia State Firemen’s Association, the West Virginia
Hospital Association, the West Virginia Chapter of the American College of
Emergency Physicians, the West Virginia Emergency Medical Services
Administrators Association, the West Virginia Emergency Medical Services
Coalition, the Ambulance Association of West Virginia, and the State Department
of Education. The Governor shall appoint, from the respective lists submitted,
two persons who represent the Mountain State Emergency Medical Services Association,
one of whom shall be a paramedic and one of whom shall be an emergency medical
technician-basic; and one person from the County Commissioners’ Association of
West Virginia, the West Virginia State Firemen’s Association, the West Virginia
Hospital Association, the West Virginia Chapter of the American College of
Emergency Physicians, the West Virginia Emergency Medical Services
Administrators Association, the West Virginia Emergency Medical Services
Coalition, the Ambulance Association of West Virginia, and the State Department
of Education. In addition, the Governor shall appoint the following:
(1) One person to
represent emergency medical services providers operating within the state;
(2) One person to
represent small emergency medical services providers operating within this
state;
(3) One person to
represent emergency medical services training officers or representatives;
(4) Two people to
represent emergency medical services supervisors or administrators; and
(5) Three people to
represent the general public who serve as voting members
(1) Six persons representing the West Virginia Emergency Medical Services Coalition that meet the following individual criteria:
(A) One paramedic or emergency medical technician-basic;
(B) One firefighter affiliated with an agency who regularly participates in EMS transport operations;
(C) One critical care transport provider;
(D) One squad training officer; and
(E) Two emergency medical services administrators with at least one administrator representing a county ambulance agency supported by a county commission or local government levying body.
(2) The West Virginia Emergency Medical Services Coalition shall submit to the Governor a list of no less than 10 and no more than 12 names of persons who meet the criteria for appointment pursuant to this subdivision. The Governor shall appoint the six members from the list submitted who shall represent the West Virginia Emergency Medical Services Coalition on the council. The criteria identified in this subsection shall have the same meanings provided for by the Office of Emergency Medical Services in §16-4C-1 et seq. of this code:
(A) One person representing the West Virginia Chapter of the American College of Emergency Physicians;
(B) One person representing the West Virginia Hospital Association;
(C) One person representing the West Virginia Department of Education with experience in emergency medical services training programs;
(D) One person representing the Council for Community and Technical College Education with experience in emergency medical services training programs; and
(E) One paramedic or emergency medical technician-basic from a volunteer agency;
(F) One public member who is not certified or licensed under the provisions of this article and does not perform any services related to emergency medical services.
(e) Additionally, the Secretary of the Department of Health and Human Resources, or his or her designee, shall serve as an ex-officio, nonvoting member.
(e)(f) Not more
than six of the members may be appointed from any one congressional district. Each member must be a resident of this state
during the appointment term.
(f)(g) Each term is to Of the twelve voting members appointed by the
Governor, four members shall be appointed for an initial term of one year, four
members shall be appointed for a term of two years, and four members shall be
appointed for a term of three years. Following completion of these initial
terms, terms of members shall be for three years,
and no member may serve more than four two consecutive terms.
(g)(h) The
council shall choose its own chairperson and meet at the call of the
commissioner at least twice a year.
(h)(i) The
members of the council shall receive compensation and expense reimbursement in
an amount not to exceed the same compensation and expense reimbursement as is
paid to members of the Legislature for their interim duties as recommended by
the Citizens Legislative Compensation Commission and authorized by law for each
day, or substantial portion thereof, engaged in the performance of official duties.
NOTE: The purpose of this bill is to modify the membership of the Emergency Medical Services Advisory Council and to decrease the number of members of the Council from 18 voting members to 12 voting members, all effective July 1, 2022.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
