H. B. 4143
(By Delegates Morgan, Stevens, Staggers,
Swartzmiller, Talbott, Martin, Givens,
C. Miller, Hartman, Butcher and Rowan)
[Introduced January 19, 2010; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to repeal §16-4C-5a of the Code of West Virginia, 1931, as
amended; to amend and reenact §16-4C-3, §16-4C-6, §16-4C-6a,
§16-4C-8, §16-4C-9, §16-4C-10, §16-4C-12 and §16-4C-16 of said
code, all relating to emergency medical services; revising
definitions; revising rulemaking authority; revising
requirement to review statewide emergency medical services
implementation plan; revising requirements to operate
emergency medical vehicle; requiring applicants to allow the
State Police access to personal background information;
removing nonutilized code sections; requiring certified
persons to report violations; providing immunity from civil
liability for reporting violations; clarifying procedures for
hearings, rights of appeal and judicial review; removing
automatic stay on appeal; increasing criminal penalties;
clarifying limitations on immunity in the absence of required
insurance policy; and removing antiquated language.
Be it enacted by the Legislature of West Virginia:
That §16-4C-5a of the Code of West Virginia, 1931, as amended,
be repealed; that §16-4C-3, §16-4C-6, §16-4C-6a, §16-4C-8,
§16-4C-9, §16-4C-10, §16-4C-12 and §16-4C-16 of said code be
amended and reenacted, all to read as follows:
ARTICLE 4C. EMERGENCY MEDICAL SERVICES ACT.
§16-4C-3. Definitions.
As used in this article, unless the context clearly requires
a different meaning:
(a) "Ambulance" means any privately or publicly-owned vehicle
or aircraft which is designed, constructed or modified; equipped or
maintained; and operated for the transportation of patients,
including, but not limited to, emergency medical services vehicles;
rotary and fixed wing air ambulances; gsa kkk-A-1822 federal
standard type I, type II and type III vehicles; and specialized
multipatient medical transport vehicles operated by an emergency
medical services agency;
(b) "Commissioner" means the Commissioner of the Bureau of
Public Health;
(c) "Council" means the Emergency Medical Service Advisory
Council created pursuant to section five of this article;
(d) "Emergency Medical Services" means all services which are
set forth in Public Law 93-154 "The Emergency Medical Services
Systems Act of 1973" and those included in and made a part of the
emergency medical services plan of the Department of Health and
Human Resources inclusive of, but not limited to, responding to the medical needs of an individual to prevent the loss of life or
aggravation of illness or injury;
(e) "Emergency medical service agency" means any agency
licensed under section six-a of this article to provide emergency
medical services;
(f) "Emergency medical service attendant" means a person
certified by the commissioner pursuant to the provisions of section
eight of this article to render the services authorized pursuant to
the provisions of section fourteen of this article;
(g) (f) "Emergency medical service personnel" means any person
certified by the commissioner to provide emergency medical services
authorized in section eight of this article and includes, but is
not limited to, emergency medical service attendant, emergency
medical technician-basic and emergency medical technician-paramedic
as set forth by legislative rule;
(h) (g) "Emergency medical service provider" means any
authority, person, corporation, partnership or other entity, public
or private, which owns or operates a licensed emergency medical
services agency providing emergency medical service in this state;
(i) "Emergency medical technician-basic" means a person
certified by the commissioner pursuant to the provisions of section
eight of this article to render the services authorized pursuant to
the provisions of section fourteen of this article;
(j) "Emergency medical technician-paramedic" means a person
certified by the commissioner pursuant to the provisions of section eight of this article to render services as authorized pursuant to
the provisions of section fourteen of this article;
(k) (h) "Governing body" has the meanings ascribed to it as
applied to a municipality in subdivision (1), subsection (b),
section two, article one, chapter eight of this code;
(l) (i) "Line officer" means the emergency medical service
personnel, present at the scene of an accident, injury or illness,
who has taken the responsibility for patient care;
(m) (j) "Medical command" means the issuing of orders by a
physician from a medical facility to emergency medical service
personnel for the purpose of providing appropriate patient care;
(n) (k) "Municipality" has the meaning ascribed to it in
subdivision (1), subsection (a), section two, article one, chapter
eight of this code;
(o) (l) "Patient" means any person who is a recipient of the
services provided by emergency medical services;
(p) (m) "Service reciprocity" means the provision of emergency
medical services to citizens of this state by emergency medical
service personnel certified to render those services by a
neighboring state;
(q) (n) "Small emergency medical service provider" means any
emergency medical service provider which is made up of less than
twenty emergency medical service personnel; and
(r) (o) "Specialized multipatient medical transport" means a
type of ambulance transport provided for patients with medical needs greater than those of the average population, which may
require the presence of a trained emergency medical technician
during the transport of the patient:
Provided, That the
requirement of "greater medical need" may not prohibit the
transportation of a patient whose need is preventive in nature.
§16-4C-6. Powers and duties of commissioner.
The commissioner
shall have has the following powers and
duties:
(a)
In accordance with chapter twenty-nine-a of this code, to
propose rules regarding the age, training, retraining, testing,
certification and recertification, and fees for the certification
and recertification, of emergency medical service personnel.
However, the commissioner may not propose any rule required by this
article until it has been submitted for review to the emergency
medical services advisory council and this council has had at least
thirty days to review such proposed rule. The council may take no
action unless a quorum is present; To propose rules for legislative
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code: Provided, That the rules have
been submitted at least thirty days in advance for review by the
Emergency Medical Services Advisory Council, who may act only in
the presence of a quorum. The rules may include:
(1) Standards and requirements for certification and
recertification of emergency medical service personnel, including,
but not limited to:
(A) Age, training, testing and continuing education;
(B) Procedures for certification and recertification, and for
denying, suspending, revoking, reinstating and limiting a
certification or recertification;
(C) Levels of certification and the scopes of practice for each
level;
(D) Standards of conduct, including professional and ethical
standards; and,
(E) Causes for disciplinary action and sanctions which may be
imposed;
(2) Standards and requirements for licensure and renewals of
licensure of emergency medical service agencies, including:
(A) Operational standards, levels of service, personnel
qualifications and training, communications, public access, records
management, reporting requirements, medical direction, quality
assurance and review, and other requirements necessary for safe and
efficient operation;
(B) Inspection standards and establishment of improvement
periods to ensure maintenance of the standards;
(C) Fee schedules for licensure, renewal of licensure and other
necessary costs;
(D) Procedures for denying, suspending, revoking, reinstating
or limiting an agency licensure;
(E) Causes for disciplinary action against agencies; and
(F) Administrative penalties, fines and other disciplinary sanctions which may be imposed on agencies;
(3) Standards and requirements for emergency medical service
vehicles, including classifications and specifications;
(4) Standards and requirements for training agencies, including
accreditation of sponsors of continuing education, course curricula
and personnel;
(5) Standards and requirements for a State Medical Direction
System, including qualifications for a State Emergency Medical
Services Medical Director and Regional Medical Directors, the
establishment of a State Medical Policy and Care Committee and the
designation of Regional Medical Command Centers;
(6) Provision of services by emergency medical services
personnel in hospital emergency rooms; and
(7) Any other rules necessary to carry out the provisions of
this article.
(b) To apply for, receive and expend advances, grants,
contributions and other forms of assistance from the state or
federal government or from any private or public agencies or
foundations to carry out the provisions of this article;
(c) To design, develop and
annually review a Statewide
Emergency Medical Services Implementation Plan. The plan shall
recommend aid and assistance and all other acts necessary to carry
out the purposes of this article:
(1) To encourage local participation by area, county and
community officials and regional emergency medical services boards of directors; and
(2) To develop a system for monitoring and evaluating emergency
medical services programs throughout the state;
(d) To provide professional and technical assistance and to
make information available to Regional Emergency Medical Services
Boards of Directors and other potential applicants or program
sponsors of emergency medical services for purposes of developing
and maintaining a statewide system of services;
(e) To assist local government agencies, Regional Emergency
Medical Services Boards of Directors and other public or private
entities in obtaining federal, state or other available funds and
services;
(f) To cooperate and work with federal, state and local
governmental agencies, private organizations and other entities as
may be necessary to carry out the purposes of this article;
(g) To acquire in the name of the state by grant, purchase,
gift, devise or any other methods appropriate real and personal
property as may be reasonable and necessary to carry out the
purposes of this article;
(h) To make grants and allocations of funds and property so
acquired or which may have been appropriated to the agency to other
agencies of state and local government as may be appropriate to
carry out the purposes of this article;
(i) To expend and distribute by grant or bailment funds and
property to all state and local agencies for the purpose of performing the duties and responsibilities of the agency all funds
which it may have so acquired or which may have been appropriated
by the Legislature of this state;
(j) To develop a program to inform the public concerning
emergency medical services;
(k) To review and disseminate information regarding federal
grant assistance relating to emergency medical services;
(l) To prepare and submit to the Governor and Legislature
recommendations for legislation in the area of emergency medical
services;
(m) To review, make recommendations for and assist in all
projects and programs that provide for emergency medical services
whether or not the projects or programs are funded through the
Office of Emergency Medical Services. A review and approval shall
be required for all emergency medical services projects, programs
or services for which application is made to receive state or
federal funds for their operation after the effective date of this
act; and
(n) To take all necessary and appropriate action to encourage
and foster the cooperation of all emergency medical service
providers and facilities within this state.
(o) Nothing in this article may be construed to allow the
commissioner to dissolve, invalidate or eliminate any existing
emergency medical service program or ambulance providers in service
at the time of adoption of the amendment to this article in the regular session of the Legislature in the year 1984, or to deny them
fair access to federal and state funding, medical facilities and
training programs.
§16-4C-6a. Emergency medical services agency licensure.
(a) Any person who proposes to establish or maintain an
emergency medical services agency shall file an application with the
commissioner
The application is to include which includes the
identity of the applicant, any parent or affiliated entity, the
proposed level of service and the number of emergency medical
service response vehicles of the agency or proposed agency. The
commissioner may require that additional information be included on
each application.
(b) Upon receipt and review of the application the commissioner
shall issue a license if he or she finds that the applicant meets
the requirements and quality standards, to be established by the
commissioner, for an emergency medical services agency license, and
if the applicant has certified under penalty of perjury that he or
she is current with all lawful obligations owed the State of West
Virginia, excluding obligations owed in the current quarter,
including, but not limited to, payment of taxes and workers'
compensation premiums:
Provided, That the certification set forth
in this paragraph
shall be is required for the original application
and subsequent
renewal thereof renewals.
Upon review and consultation with the advisory council the
commissioner may, pursuant to the provisions of article three, chapter twenty-nine-a of this code, establish reasonable fee
schedules for application and licensure.
§16-4C-8. Standards for emergency medical service personnel.
(a) Every ambulance operated by an emergency medical service
agency shall carry at least two personnel. At least one person
shall be certified in cardiopulmonary resuscitation or first aid and
the person in the patient compartment shall be certified as an
emergency medical technician-basic at a minimum except that in the
case of a specialized multipatient medical transport, only one staff
person is required and that person shall be certified, at a minimum,
at the level of an emergency medical technician-basic.
The
requirements of this subsection will remain in effect until revised
and expanded by the legislative rule to be promulgated pursuant to
subsection (b) of this section.
(b) As a minimum the training for each class of emergency
medical service personnel shall include:
(1) Emergency medical service attendant: Shall have earned and
possess valid certificates from the department or by authorities
recognized and approved by the commissioner;
(2) Emergency medical technician-basic: Shall have successfully
completed the course for certification as an emergency medical
technician-basic as established by the commissioner or authorities
recognized and approved by the commissioner; and
(3) Emergency medical technician-paramedic: Shall have
successfully completed the course for certification as an emergency medical technician-paramedic established by the commissioner or
authorities recognized and approved by the commissioner.
(b) On or before May 28, 2010, the commissioner shall submit
a proposed legislative rule to the Emergency Medical Services
Advisory Council for review, and on or before June 30, 2010, shall
file the proposed legislative rule with the office of the Secretary
of State, in accordance with the provisions of chapter
twenty-nine-a, article three of this code, to establish
certification standards for emergency medical vehicle operators and
to revise and expand the requirements for emergency medical service
personnel to operate ambulances.
(c) Subsection (b) of this section may not be considered to
limit the power of the commissioner to prescribe training,
certification and recertification standards.
(c) As of the effective date of the legislative rule to be
promulgated pursuant to subsection (b) of this section, emergency
medical service personnel who operate ambulances shall meet the
requirements set forth in the legislative rule.
(d) Any person desiring emergency medical service personnel
certification shall apply to the commissioner using forms and
procedures prescribed by the commissioner. Upon receipt of the
application, the commissioner shall determine whether the applicant
meets the certification requirements and may examine the applicant,
if necessary to make that determination.
(e) The applicant shall submit to a national criminal background check, the requirement of which is declared to be not
against public policy.
(1) The applicant shall meet all requirements necessary to
accomplish the national criminal background check, including
submitting fingerprints, and authorizing the West Virginia Office
of Emergency
Medical Services,
the West Virginia State Police and
the Federal Bureau of Investigation to use all records submitted and
produced for the purpose of screening the applicant for
certification.
(2) The results of the national criminal background check may
not be released to or by a private entity.
(3) The applicant shall submit a fee of $75 for initial
certification and a fee of $50 for recertification. The fees set
forth in this subsection remain in effect until modified by
legislative rule.
(f) If the Commissioner determines that the applicant meets all
of the requirements, he or she shall issue an appropriate emergency
medical service personnel certificate which shall be valid for a
period as determined by the Commissioner.
(f) An application for an original, renewal or temporary
emergency medical service personnel certificate or emergency medical
services agency license, shall be acted upon by the commissioner and
the certificate delivered or mailed, or a copy of any order of the
commissioner denying any such application delivered or mailed to the
applicant, within fifteen days after the date upon which the complete application including test scores and background checks,
if applicable, was received by the commissioner.
(g) State and county continuing education and recertification
programs for all levels of emergency medical service providers shall
be available to emergency medical service providers at a convenient
site within one hundred miles of the provider's primary place of
operation at sites determined by the regional emergency medical
services offices. The continuing education program shall be
provided at a cost specified in a fee schedule to be promulgated by
legislative rule in accordance with article three, chapter twenty-
nine-a of this code by the Secretary of the Department of Health and
Human Resources to all nonprofit emergency medical service
personnel.
(g) Any person may report to the commissioner or the Director
of the Office of Emergency Medical Services information he or she
may have that appears to show that a person certified by the
commissioner may have violated the provisions of this article or
legislative rules promulgated pursuant to this article. A person
who is certified by the commissioner, who knows of or observes
another person certified by the commissioner violating the
provisions of this article or legislative rules promulgated pursuant
to this article, has a duty to report the violation to the
commissioner or the Director of the Office of Emergency Medical
Services. Any person who reports or provides information in good
faith is immune from civil liability.
(h) The commissioner may issue a temporary emergency medical
service personnel certificate to an applicant, with or without
examination of the applicant, when he or she finds that issuance to
be in the public interest. Unless suspended or revoked, a temporary
certificate shall be valid initially for a period not exceeding one
hundred twenty days and may not be renewed unless the commissioner
finds the renewal to be in the public interest.
The expiration date
of a temporary certificate shall be extended until the holder is
afforded at least one opportunity to take an emergency medical
service personnel training course within the general area where he
or she serves as an emergency medical service personnel, but the
expiration date may not be extended for any longer period of time
or for any other reason.
§16-4C-9. Suspension or revocation of certificate or temporary
certificate or license. Complaints; investigations; due process
procedure; grounds for disciplinary action.
(a) The commissioner may at any time upon his or her own
motion, and shall, upon the
verified written complaint of any
person, cause an investigation to be conducted to determine whether
there are any grounds
exist for
the suspension or revocation of a
certificate, temporary certificate or license issued disciplinary
action under
the provisions of this article
or legislative rules
promulgated pursuant to this article.
(b) An investigator or other person who, under the direction
of the commissioner or the Director of the Office of Emergency Medical Services, gathers or reports information in good faith to
the commissioner or the Director of the Office of Emergency Medical
Services, is immune from civil liability.
(c) After reviewing any information obtained through an
investigation, the commissioner or Director of the Office of
Emergency Medical Services shall determine if probable cause exists
that the licensee or holder of a certificate has violated any
provision of this article or rules promulgated pursuant to this
article.
(d) Upon a finding that probable cause exists that the licensee
or holder of a certificate has violated any provision of this
article or rules promulgated pursuant to this article, the
commissioner or Director of the Office of Emergency Medical Services
shall provide a copy of the complaint to the licensee or holder of
a certificate.
(e) The commissioner or the Director of the Office of Emergency
Medical Services may enter into a consent decree or hold a hearing
for the suspension or revocation of the license or certification or
the imposition of sanctions against the licensee or holder of a
certificate.
(f) The commissioner or the Director of the Office of Emergency
Medical Services may issue subpoenas and subpoenas duces tecum to
obtain testimony and documents to aid in the investigation of
allegations against any person or agency regulated by the article.
(g) The commissioner or the Director of the Office of Emergency Medical Services may sign a consent decree or other legal document
related to the complaint.
(b) (h) The commissioner shall suspend or revoke any
certificate, temporary certificate or license when he or she finds
the holder
thereof has:
(1) Obtained a certificate, temporary certificate or license
by means of fraud or deceit; or
(2) Been grossly incompetent, and/or grossly negligent as
defined by the commissioner in accordance with rules or by
prevailing standards of emergency medical services care; or
(3) Failed or refused to comply with the provisions of this
article or any
reasonable legislative rule promulgated by the
commissioner
hereunder or any order or final decision of the
commissioner;
or
(4) Engaged in any act which has endangered or is likely to
endanger the health, welfare or safety of the public.
(i) The commissioner or the Director of the Office of Emergency
Medical Services may, after notice and opportunity for hearing, deny
or refuse to renew, suspend or revoke the license or certification
of, impose probationary conditions upon or take disciplinary action
against, any licensee or holder of a certificate for any violation
of this article or any rule promulgated pursuant to this article,
once a violation has been proven by a preponderance of the evidence.
(j) Disciplinary action may include:
(1) Reprimand;
(2) Probation;
(3) Administrative penalties and fines;
(4) Mandatory attendance at continuing education seminars or
other training;
(5) Practicing under supervision or other restriction;
(6) Requiring the licensee or holder of a certificate to report
to the commissioner or Director of the Office of Emergency Medical
Services for periodic interviews for a specified period of time;
(7) Other disciplinary action considered by the commissioner
or Director of the Office of Emergency Medical Services to be
necessary to protect the public, including advising other parties
whose legitimate interests may be at risk; or
(8) Other sanctions as set forth by legislative rule
promulgated pursuant to this article.
(c) (k) The commissioner shall suspend or revoke any
certificate or temporary certificate license or certification if he
or she finds the existence of any grounds which would justify the
denial of an application for the
certificate, temporary permit or
license
or certification if application were then being made for it.
§16-4C-10.
Notice of refusal, suspension or revocation of
certificate or license; appeals to ommissioner; judicial
review. Procedures for hearing; right of appeal; judicial
review.
An application for an original, renewal or temporary emergency medical service personnel certificate or emergency medical services
agency license, shall be acted upon by the ommissioner and the
certificate delivered or mailed, or a copy of any order of the
ommissioner denying any such application delivered or mailed to the
applicant, within fifteen days after the date upon which the
application including test scores, if applicable, was received by
the ommissioner.
Whenever the ommissioner refuses to issue an emergency medical
service personnel certificate or a temporary emergency medical
service personnel certificate or emergency medical services agency
license, or suspends or revokes an emergency medical service
personnel certificate, or a temporary emergency medical service
personnel certificate, he or she shall make and enter an order to
that effect, which shall specify the reasons for the denial,
suspension or revocation, and shall cause a copy of the order to be
served in person or by certified mail, return receipt requested, on
the applicant or certificate or license holder, as the case may be.
Whenever a certificate or license is suspended or revoked, the
ommissioner shall in the order of suspension or revocation direct
the holder thereof to return his or her certificate to the
ommissioner. It shall be the duty of the certificate or license
holder to comply with any such order following expiration of the
period provided for an appeal to the ommissioner.
Any applicant or certificate or license holder, adversely
affected by an order made and entered by the ommissioner may appeal to the ommissioner for an order vacating or modifying the order or
for such order as the ommissioner should have entered. The person
so appealing shall be known as the appellant. An appeal shall be
perfected by filing a notice of appeal with the ommissioner within
ten days after the date upon which the appellant received the copy
of the order. The notice of appeal shall be in a form and contain
the information prescribed by the ommissioner, but in all cases
shall contain a description of any order appealed from and the
grounds for the appeal. The filing of the notice of appeal shall
operate to stay or suspend execution of any order which is the
subject matter of the appeal. All of the pertinent provisions of
article five, chapter twenty-nine-a of this code apply to and govern
the hearing on appeal and the administrative procedures in
connection with and following the hearing, with like effect as if
the provisions of said article were set forth in extenso herein.
The ommissioner shall set a hearing date which shall be not
less than ten days after he or she received the notice of appeal
unless there is a postponement or continuance. The ommissioner may
postpone or continue any hearing on his or her own motion, or for
good cause shown upon the application of the appellant. The
appellant shall be given notice of the hearing in person or by
certified mail, return receipt requested. Any such hearing shall
be held in Charleston, Kanawha County, West Virginia, unless another
place is specified by the ommissioner.
After the hearing and consideration of all of the testimony, evidence and record in the case, the ommissioner shall make and
enter an order affirming, modifying or vacating his or her initial
order or shall make and enter any new order. The order shall be
accompanied by findings of fact and conclusions of law as specified
in section three, article five, chapter twenty-nine-a of this code,
and a copy of the order and accompanying findings and conclusions
shall be served upon the appellant, in person or by certified mail,
return receipt requested.
(a) Hearings are governed by the provisions of article five,
chapter twenty-nine a of this code.
(b) The commissioner or Director of the Office of Emergency
Medical Services may conduct the hearing or elect to have an
Administrative Law Judge conduct the hearing.
(c) If the hearing is conducted by an Administrative Law Judge,
the Administrative Law Judge shall prepare a proposed written order
at the conclusion of a hearing containing findings of fact and
conclusions of law. The proposed order may contain proposed
disciplinary actions if the commissioner or Director of the Office
of Emergency Medical Services so directs. The commissioner may
accept, reject or modify the decision of the Administrative Law
Judge.
(d) The commissioner or Director of the Office of Emergency
Medical Services has the authority to administer oaths, examine any
person under oath and issue subpoenas and subpoenas duces tecum.
(e) If, after a hearing, the commissioner or Director of the Office of Emergency Medical Services determines the licensee or
holder of a certificate has violated any provision of this article
or the legislative rules promulgated pursuant to this article, a
formal written decision shall be prepared which contains findings
of fact, conclusions of law and a specific description of the
disciplinary actions imposed.
(f) The order of the ommissioner shall be
or Director of the
Office of Emergency Medical Services is final unless vacated or
modified upon judicial review.
thereof
(g) Any
appellant licensee or holder of a certificate adversely
affected by a final order made and entered by the commissioner
or
Director of the Office of Emergency Medical Services is entitled to
judicial review.
thereof All of the pertinent provisions of
section four, article five, chapter twenty-nine-a of this code
shall
apply to and govern the review with like effect as if the provisions
of
said the section were set forth
in extenso herein.
(h) The judgment of the circuit court
shall be is final unless
reversed, vacated or modified on appeal to the Supreme Court of
Appeals in accordance with the provisions of section one, article
six, chapter twenty-nine-a of this code.
§16-4C-12. Violations; criminal penalties.
(a) When, as a result of an investigation under this article
or otherwise, the commissioner or Director of the Office of
Emergency Medical Services has reason to believe that a licensee or
holder of a certificate has committed a criminal offense, the commissioner or Director of the Office of Emergency Medical Services
may bring the information to the attention of an appropriate law-
enforcement official.
(b) Any person who violates any
condition of licensure law or
rule or operates an ambulance with an insufficient number of
emergency medical service personnel aboard when not lawfully
permitted to do so, or who represents himself or herself as a
certified emergency medical service personnel knowing the
representation to be untrue, is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than $100 nor more than
one thousand dollars $5,000.
§16-4C-16. Limitation of liability; mandatory errors and omissions
insurance.
(1) (a) Every person, corporation, ambulance service, emergency
medical service provider, emergency ambulance authority, emergency
ambulance service or other person which employs emergency medical
service personnel with or without wages for ambulance service or
provides ambulance service in any manner, shall obtain a policy of
insurance insuring the person or entity and every employee, agent
or servant
thereof, against loss from the liability imposed by law
for damages arising from any error or omission in the provision of
emergency medical services as enumerated by this article, in an
amount no less than $1,000,000 per incident.
Provided, That each
emergency medical services agency having less than this amount on
the first day of January, one thousand nine hundred ninety-six, shall obtain the policy of insurance required in this section in the
amount of one million dollars on or before the first day of March,
one thousand nine hundred ninety-seven. New applicants shall obtain
the insurance required in this section in the amount of one million
dollars
(2) (b) No emergency medical service personnel or emergency
medical service provider
may be is liable for civil damages or
injuries in excess of the amounts for which the person or entity is
actually insured, unless the damages or injuries are intentionally
or maliciously inflicted.
(3) (c) Every person or entity required
by this section to
obtain a policy of insurance
as contemplated by this section shall
furnish
proof of the existence of the policy to the commissioner on
or before January 1 of each calendar year.
proof of the existence
of the policy of insurance required by this section
(4) (d) In the event that Any person or entity
who fails to
secure a policy of insurance before
the person or entity undertakes
the provision of providing emergency medical services
or emergency
medical service agency, whichever occurs last, and keeps the policy
of insurance in force thereafter, that person or entity is not
entitled to the limited immunity created by subsection
(2) (b) of
this section:
Provided, That any physician, who gives instructions
to emergency medical service personnel without being compensated,
therefor or who treats any patient transported in an ambulance or
treats any patient prior to the transport, without being compensated,
therefor is entitled to the limited immunity provided
in subsection
(2) (b) of this section.
NOTE: The purpose of this bill is to strengthen the authority
of the Office of Emergency Medical Services. It requires applicants
for certification to allow the state police access to personal
background information; requires certified persons to report
violations and provides immunity from civil liability for reporting
violations; removes automatic stay on appeal and increases criminal
penalties for violations.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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