COMMITTEE SUBSTITUTE
FOR
H. B. 2722
(By Delegates Thomas, Evans, Hunt and Fleischauer)
(Originating in the Committee
on Health and Human Resources)
[April 2, 1997]
A Bill to amend and reenact section eight, article four-c,
chapter sixteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to emergency
medical service personnel; prohibiting any emergency medical
service personnel from serving on an ambulance crew who is
a convicted sex offender; and requiring the department of
public safety to assist with criminal background checks.
Be it enacted by the Legislature of West Virginia:
That section eight, article four-c, chapter sixteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 4C. EMERGENCY MEDICAL SERVICES ACT.
§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 minimally certified as an emergency medical technician-basic.
(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.
(c) The foregoing may not be considered to limit the power
of the commissioner to prescribe training, certification and
recertification standards.
(d) No person who has been convicted of a sexual offense
under the provisions of article eight-b, chapter sixty-one of
this code or convicted of a sexual offense in any other state and
the conviction has become final may serve as an emergency medical
service attendant, technician-basic or technician-paramedic, nor may any such person serve as an assistant to any emergency
medical service agency.
(e) The West Virginia department of public safety shall
assist the commissioner in ascertaining whether any existing or
potential employee or volunteer of an emergency medical service
agency has been convicted of any sexual offense in this state or
in any other state, as provided in this section.
(c) (f) 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. If it is determined that the applicant meets all
of the requirements, the commissioner shall issue an appropriate
emergency medical service personnel certificate which shall be
valid for a period as determined 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
the provisions of article three, chapter twenty-nine-a of this code by the department of health to all nonprofit emergency
medical service personnel.
(d) (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.
NOTE: The purpose of this bill is to prohibit emergency
medical personnel who are convicted sex offenders from serving on
an ambulance crew.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.