Minnesota Legislature
HF 2423
as introduced - 93rd Legislature (2023 - 2024) Posted on 03/02/2023 02:12pm
Current Version - as introduced
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A bill for an act
relating to emergency medical services; establishing a Department of Emergency
Medical Services to replace the Emergency Medical Services Regulatory Board;
specifying and transferring responsibilities from the Emergency Medical Services
Regulatory Board to the Department of Emergency Medical Services; amending
Minnesota Statutes 2022, sections 15.01; 15.06, subdivision 1; 15A.0815,
subdivision 2; 43A.08, subdivision 1a; 144E.001, by adding subdivisions; proposing
coding for new law in Minnesota Statutes, chapter 144E; repealing Minnesota
Statutes 2022, sections 144E.001, subdivision 5; 144E.01.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
DEPARTMENT OF EMERGENCY MEDICAL SERVICES
Section 1.
Minnesota Statutes 2022, section 144E.001, is amended by adding a subdivision
to read:
new text begin Subd. 5i. new text end
new text begin Commissioner. new text end
new text begin
"Commissioner" means the commissioner of emergency
medical services.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 2.
Minnesota Statutes 2022, section 144E.001, is amended by adding a subdivision
to read:
new text begin Subd. 5j. new text end
new text begin Department. new text end
new text begin
"Department" means the Department of Emergency Medical
Services.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 3.
new text begin
[144E.011] DEPARTMENT OF EMERGENCY MEDICAL SERVICES.
new text end
new text begin Subdivision 1. new text end
new text begin Department established. new text end
new text begin
The Department of Emergency Medical Services
is established to regulate the provision of emergency medical services in the state. The
department shall be under the administrative control of a commissioner of emergency
medical services, who shall be appointed by the governor with the advice and consent of
the senate.
new text end
new text begin Subd. 2. new text end
new text begin Duties of commissioner. new text end
new text begin
The commissioner shall:
new text end
new text begin
(1) administer and enforce this chapter and adopt rules to implement this chapter;
new text end
new text begin
(2) license ambulance services in the state and regulate their operation;
new text end
new text begin
(3) adopt rules defining primary service areas and designate the ambulance service
authorized to provide service in a primary service area;
new text end
new text begin
(4) register medical response units in the state and regulate their operation;
new text end
new text begin
(5) certify emergency medical technicians, advanced emergency medical technicians,
community emergency medical technicians, paramedics, and community paramedics, and
register emergency medical responders;
new text end
new text begin
(6) approve education programs for ambulance service personnel and administer
qualifications for instructors of education programs;
new text end
new text begin
(7) administer grant programs related to emergency medical services;
new text end
new text begin
(8) make recommendations to the legislature on improving access to, service delivery
by, and the effectiveness of the state's emergency medical services system;
new text end
new text begin
(9) investigate complaints against emergency medical services providers, hold hearings,
and take disciplinary action or otherwise resolve complaints against emergency medical
services providers; and
new text end
new text begin
(10) perform other duties related to the provision of emergency medical services in the
state.
new text end
new text begin Subd. 3. new text end
new text begin Executive direction. new text end
new text begin
The commissioner shall direct department services and
appoint other staff to the department.
new text end
new text begin Subd. 4. new text end
new text begin Work plan. new text end
new text begin
The commissioner shall prepare a work plan to guide the work of
the department. The work plan must be updated biennially.
new text end
new text begin Subd. 5. new text end
new text begin Grants or gifts; contracts. new text end
new text begin
The commissioner may accept grants or gifts from
any source to be used for an emergency medical health purpose within the scope of this
chapter. The commissioner may enter into contracts with a person or public or private entity
for activities related to the provision of statutorily prescribed emergency medical services.
Such a contract must specify the services to be provided and the amount and method of
reimbursement for the contracted services. Funds generated under a contract entered into
according to this subdivision are appropriated to the commissioner for purposes of providing
the services specified in the contract.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 4. new text begin TRANSITION.
new text end
new text begin Subdivision 1. new text end
new text begin Appointment of commissioner; operation of department. new text end
new text begin
No later
than January 1, 2024, the governor shall appoint a commissioner-designee of emergency
medical services. The individual appointed as the commissioner-designee of emergency
medical services shall become the governor's appointee as commissioner of emergency
medical services on July 1, 2024. Effective July 1, 2024, the responsibilities to regulate
emergency medical services in the state under Minnesota Statutes, chapter 144E, and
Minnesota Rules, chapter 4690, are transferred from the Emergency Medical Services
Regulatory Board to the Department of Emergency Medical Services and commissioner of
emergency medical services.
new text end
new text begin Subd. 2. new text end
new text begin Transfer of responsibilities. new text end
new text begin
Minnesota Statutes, section 15.039, applies to
the transfer of responsibilities from the Emergency Medical Services Regulatory Board to
the Department of Emergency Medical Services required by this act. The commissioner of
administration, with the approval of the governor, may issue reorganization orders under
Minnesota Statutes, section 16B.37, as necessary to carry out the transfer of responsibilities
required by this act. The provision of Minnesota Statutes, section 16B.37, subdivision 1,
which states that transfers under that section may be made only to an agency that has been
in existence for at least one year, does not apply to transfers in this act to the Department
of Emergency Medical Services established in Minnesota Statutes, section 144E.011.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 5. new text begin DIRECTIONS TO BOARD.
new text end
new text begin
The Emergency Medical Services Regulatory Board, in cooperation with the revisor of
statutes, House Research, and the Office of Senate Counsel, Research, and Fiscal Analysis,
must identify the changes to Minnesota Statutes necessary to implement and reflect the
transfer of responsibilities from the Emergency Medical Services Regulatory Board to the
Department of Emergency Medical Services and commissioner of emergency medical
services. By February 1, 2024, the board shall submit to the chairs and ranking minority
members of the legislative committees with jurisdiction over emergency medical services,
draft legislation containing the statutory changes necessary to implement and reflect the
transfer of responsibilities in this act.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 6. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, sections 144E.001, subdivision 5; and 144E.01,
new text end
new text begin
are repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
ARTICLE 2
CONFORMING CHANGES
Section 1.
Minnesota Statutes 2022, section 15.01, is amended to read:
15.01 DEPARTMENTS OF THE STATE.
The following agencies are designated as the departments of the state government: the
Department of Administration; the Department of Agriculture; the Department of Commerce;
the Department of Corrections; the Department of Education; new text begin the Department of Emergency
Medical Services; new text end the Department of Employment and Economic Development; the
Department of Health; the Department of Human Rights; the Department of Information
Technology Services; the Department of Iron Range Resources and Rehabilitation; the
Department of Labor and Industry; the Department of Management and Budget; the
Department of Military Affairs; the Department of Natural Resources; the Department of
Public Safety; the Department of Human Services; the Department of Revenue; the
Department of Transportation; the Department of Veterans Affairs; and their successor
departments.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 2.
Minnesota Statutes 2022, section 15.06, subdivision 1, is amended to read:
Subdivision 1.
Applicability.
This section applies to the following departments or
agencies: the Departments of Administration, Agriculture, Commerce, Corrections,
Education, new text begin Emergency Medical Services, new text end Employment and Economic Development, Health,
Human Rights, Labor and Industry, Management and Budget, Natural Resources, Public
Safety, Human Services, Revenue, Transportation, and Veterans Affairs; the Housing
Finance and Pollution Control Agencies; the Office of Commissioner of Iron Range
Resources and Rehabilitation; the Department of Information Technology Services; the
Bureau of Mediation Services; and their successor departments and agencies. The heads of
the foregoing departments or agencies are "commissioners."
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 3.
Minnesota Statutes 2022, section 15A.0815, subdivision 2, is amended to read:
Subd. 2.
Group I salary limits.
The salary for a position listed in this subdivision shall
not exceed 133 percent of the salary of the governor. This limit must be adjusted annually
on January 1. The new limit must equal the limit for the prior year increased by the percentage
increase, if any, in the Consumer Price Index for all urban consumers from October of the
second prior year to October of the immediately prior year. The commissioner of management
and budget must publish the limit on the department's website. This subdivision applies to
the following positions:
Commissioner of administration;
Commissioner of agriculture;
Commissioner of education;
new text begin
Commissioner of emergency medical services;
new text end
Commissioner of commerce;
Commissioner of corrections;
Commissioner of health;
Commissioner, Minnesota Office of Higher Education;
Commissioner, Housing Finance Agency;
Commissioner of human rights;
Commissioner of human services;
Commissioner of labor and industry;
Commissioner of management and budget;
Commissioner of natural resources;
Commissioner, Pollution Control Agency;
Commissioner of public safety;
Commissioner of revenue;
Commissioner of employment and economic development;
Commissioner of transportation; and
Commissioner of veterans affairs.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 4.
Minnesota Statutes 2022, section 43A.08, subdivision 1a, is amended to read:
Subd. 1a.
Additional unclassified positions.
Appointing authorities for the following
agencies may designate additional unclassified positions according to this subdivision: the
Departments of Administration; Agriculture; Commerce; Corrections; Education; new text begin Emergency
Medical Services; new text end Employment and Economic Development; Explore Minnesota Tourism;
Management and Budget; Health; Human Rights; Labor and Industry; Natural Resources;
Public Safety; Human Services; Revenue; Transportation; and Veterans Affairs; the Housing
Finance and Pollution Control Agencies; the State Lottery; the State Board of Investment;
the Office of Administrative Hearings; the Department of Information Technology Services;
the Offices of the Attorney General, Secretary of State, and State Auditor; the Minnesota
State Colleges and Universities; the Minnesota Office of Higher Education; the Perpich
Center for Arts Education; and the Minnesota Zoological Board.
A position designated by an appointing authority according to this subdivision must
meet the following standards and criteria:
(1) the designation of the position would not be contrary to other law relating specifically
to that agency;
(2) the person occupying the position would report directly to the agency head or deputy
agency head and would be designated as part of the agency head's management team;
(3) the duties of the position would involve significant discretion and substantial
involvement in the development, interpretation, and implementation of agency policy;
(4) the duties of the position would not require primarily personnel, accounting, or other
technical expertise where continuity in the position would be important;
(5) there would be a need for the person occupying the position to be accountable to,
loyal to, and compatible with, the governor and the agency head, the employing statutory
board or commission, or the employing constitutional officer;
(6) the position would be at the level of division or bureau director or assistant to the
agency head; and
(7) the commissioner has approved the designation as being consistent with the standards
and criteria in this subdivision.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
APPENDIX
Repealed Minnesota Statutes: 23-04072
144E.001 DEFINITIONS.
Subd. 5.
Board.
"Board" means the Emergency Medical Services Regulatory Board.
144E.01 EMERGENCY MEDICAL SERVICES REGULATORY BOARD.
Subdivision 1.
Membership.
(a) The Emergency Medical Services Regulatory Board consists of the following members, all of whom must work in Minnesota, except for the person listed in clause (14):
(1) an emergency physician certified by the American Board of Emergency Physicians;
(2) a representative of Minnesota hospitals;
(3) a representative of fire chiefs;
(4) a full-time firefighter who serves as an emergency medical responder on or within a nontransporting or nonregistered agency and who is a member of a professional firefighter's union;
(5) a volunteer firefighter who serves as an emergency medical responder on or within a nontransporting or nonregistered agency;
(6) an attendant currently practicing on a licensed ambulance service who is a paramedic or an emergency medical technician;
(7) an ambulance director for a licensed ambulance service;
(8) a representative of sheriffs;
(9) a member of a community health board to represent community health services;
(10) two representatives of regional emergency medical services programs, one of whom must be from the metropolitan regional emergency medical services program;
(11) a registered nurse currently practicing in a hospital emergency department;
(12) a pediatrician, certified by the American Board of Pediatrics, with experience in emergency medical services;
(13) a family practice physician who is currently involved in emergency medical services;
(14) a public member who resides in Minnesota; and
(15) the commissioners of health and public safety or their designees.
(b) The governor shall appoint members under paragraph (a). Appointments under paragraph (a), clauses (1) to (9) and (11) to (13), are subject to the advice and consent of the senate. In making appointments under paragraph (a), clauses (1) to (9) and (11) to (13), the governor shall consider recommendations of the American College of Emergency Physicians, the Minnesota Hospital Association, the Minnesota and State Fire Chief's Association, the Minnesota Ambulance Association, the Minnesota Emergency Medical Services Association, the Minnesota State Sheriff's Association, the Association of Minnesota Counties, the Minnesota Nurses Association, and the Minnesota chapter of the Academy of Pediatrics.
(c) At least seven members appointed under paragraph (a) must reside outside of the seven-county metropolitan area, as defined in section 473.121.
Subd. 2.
Ex officio members.
The speaker of the house and the Committee on Rules and Administration of the senate shall appoint one representative and one senator to serve as ex officio, nonvoting members.
Subd. 3.
Chair.
The governor shall designate one of the members appointed under subdivision 1 as chair of the board.
Subd. 4.
Compensation; terms.
Membership terms, compensation, and removal of members appointed under subdivision 1, are governed by section 15.0575.
Subd. 5.
Staff.
The board shall appoint an executive director who shall serve in the unclassified service and may appoint other staff. The service of the executive director shall be subject to the terms described in section 214.04, subdivision 2a.
Subd. 6.
Duties of board.
(a) The Emergency Medical Services Regulatory Board shall:
(1) administer and enforce the provisions of this chapter and other duties as assigned to the board;
(2) advise applicants for state or federal emergency medical services funds, review and comment on such applications, and approve the use of such funds unless otherwise required by federal law;
(3) make recommendations to the legislature on improving the access, delivery, and effectiveness of the state's emergency medical services delivery system; and
(4) establish procedures for investigating, hearing, and resolving complaints against emergency medical services providers.
(b) The Emergency Medical Services Board may prepare an initial work plan, which may be updated biennially. The work plan may include provisions to:
(1) prepare an emergency medical services assessment which addresses issues affecting the statewide delivery system;
(2) establish a statewide public information and education system regarding emergency medical services;
(3) create, in conjunction with the Department of Public Safety, a statewide injury and trauma prevention program; and
(4) designate an annual emergency medical services personnel recognition day.
Subd. 7.
Conflict of interest.
No member of the Emergency Medical Services Board may participate or vote in board proceedings in which the member has a direct conflict of interest, financial or otherwise.