H. B. 4399
(By Mr. Speaker, Mr. Kiss (By Request))
[Introduced February 11, 2004; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend and reenact §16-4C-8 of the code of West Virginia,
1931, as amended, relating to providing for substance abuse
testing of emergency medical services personnel.
Be it enacted by the Legislature of West Virginia:
That §16-4C-8 of the code of West Virginia, 1931, 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 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.
(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.
The foregoing may not be considered to limit the power of the
commissioner to prescribe training, certification and
recertification standards.
(c) 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.
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 division of health
to all nonprofit emergency medical service personnel.
(d) 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.
(e) The commissioner shall propose rules for legislative
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code to implement procedures to
provide mandatory substance abuse testing for emergency medical
services personnel, including provision for preemployment drug
screening of applicants, and random testing of paid emergency
medical services personnel on a biannual basis.
NOTE: The purpose of this bill is to provide for substance
abuse testing of EMS personnel.
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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