WEST virginia legislature

2018 regular session

ENROLLED

Senate Bill 525

By Gaunch, Maynard, Baldwin, Boso, Clements, Facemire, Jeffries, Maroney, Palumbo, Smith, Sypolt, and Weld

[Passed March 10, 2018; in effect 90 days from passage]

AN ACT to repeal §16-4C-6c of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §22A-10-3, relating to emergency medical technicians – mining; transferring certification requirements for emergency medical technician – mining to the chapter governing miners’ health, safety and training; eliminating the authority of the Director of Miners’ Health Safety and Training to authorize providers to administer certification courses and examinations; modifying requirements for training personnel and independent trainers; and making technical corrections.

Be it enacted by the Legislature of West Virginia:

ARTICLE 4C. EMERGENCY MEDICAL SERVICES ACT.

§16-4C-6c. Certification requirements for emergency medical technician - mining.

[Repealed.]

ARTICLE 10. EMERGENCY MEDICAL PERSONNEL.

§22A-10-3. Certification requirements for emergency medical technician – mining.

(a) An applicant for certification as an emergency medical technician - mining shall:

(1) Be at least 18 years old;

(2) Apply on a form prescribed by the Director of Miners’ Health, Safety and Training;

(3) Pay the application fee;

(4) Possess a valid cardiopulmonary resuscitation certification;

(5) Successfully complete an emergency medical technician - mining education program authorized by the Director of Miners’ Health, Safety and Training in consultation with the Board of Coal Mine Health and Safety; and

(6) Successfully complete emergency medical technician - mining cognitive and skills examinations authorized by the Director of Miners' Health, Safety and Training in consultation with the Board of Coal Mine Health and Safety.

(b) The emergency medical technician - mining certification is valid for three years.

(c) A certified emergency medical technician - mining may only practice on mining operations, as defined in §11-13C-3 of this code. 

(d) To be recertified as an emergency medical technician - mining, a certificate holder shall:

(1) Apply on a form prescribed by the Director of Miners’ Health, Safety and Training;

(2) Pay the application fee;

(3) Possess a valid cardiopulmonary resuscitation certification;

(4) Successfully complete one of the following:

(A) A one-time 32-hour emergency medical technician - mining recertification course authorized by the Director of Miners’ Health, Safety and Training in consultation with the Board of Coal Mine Health and Safety; or

(B) Three annual eight-hour retraining and testing programs authorized by the Director of Miners’ Health, Safety and Training in consultation with the Board of Coal Mine Health and Safety; and

(5) Successfully complete emergency medical technician - mining cognitive and skills recertification examinations authorized by the Director of Miners’ Health, Safety and Training in consultation with the Board of Coal Mine Health and Safety.

(e) The education program, training, courses, and cognitive and skills examinations required for certification and recertification as an emergency medical technician - miner, also known as emergency medical technician - mining, in existence on January 1, 2014, shall remain in effect for the certification and recertification of emergency medical technician - industrial until they are changed by legislative rule by the director in consultation with the Board of Coal Mine Health and Safety.

(f) The administration of the emergency medical technician - mining certification and recertification program by the Director of Miners’ Health, Safety and Training shall be done in consultation with the Board of Coal Mine Health and Safety.

(g) The Director of Miners’ Health, Safety and Training shall propose rules for legislative approval, pursuant to the provisions of §29A-3-1 et seq. of this code, in consultation with the Board of Coal Mine Health and Safety and may propose emergency rules to:

(1) Establish emergency medical technician - mining certification and recertification courses and examinations;

(2) Authorize providers to administer the recertification courses and examinations, including mine training personnel, independent trainers, community and technical colleges, regional education service agencies, and educational service cooperatives: Provided, That the mine training personnel and independent trainers must obtain an EMT-M Instructor Certification issued by the West Virginia Office of Miners’ Health, Safety and Training;

(3) Establish a fee schedule: Provided, That the application fee may not exceed $10 and there shall be no fee for a certificate; and

(4) Implement the provisions of this section.