1.1                          A bill for an act 
  1.2             relating to emergency medical services; modifying 
  1.3             provisions relating to emergency medical services; 
  1.4             permitting four-year contracts for emergency medical 
  1.5             services; permitting certain ambulance services to 
  1.6             make claims against tax refunds; amending Minnesota 
  1.7             Statutes 2002, sections 144E.01, subdivision 1; 
  1.8             144E.27, subdivisions 1, 2, 4; 144E.286, by adding a 
  1.9             subdivision; 144E.305, subdivision 2; 144E.41; 
  1.10            144E.50, subdivision 5; 270A.03, subdivision 2. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2002, section 144E.01, 
  1.13  subdivision 1, is amended to read: 
  1.14     Subdivision 1.  [MEMBERSHIP.] (a) The emergency medical 
  1.15  services regulatory board consists of the following members, all 
  1.16  of whom must work in Minnesota, except for the person listed in 
  1.17  clause (14):  
  1.18     (1) an emergency physician certified by the American board 
  1.19  of emergency physicians; 
  1.20     (2) a representative of Minnesota hospitals; 
  1.21     (3) a representative of fire chiefs; 
  1.22     (4) a full-time firefighter who serves as a first responder 
  1.23  and who is a member of a professional firefighter's union; 
  1.24     (5) a volunteer firefighter who serves as a first 
  1.25  responder; 
  1.26     (6) an attendant currently practicing on a licensed 
  1.27  ambulance service who is a paramedic or an emergency medical 
  1.28  technician; 
  2.1      (7) an ambulance director for a licensed ambulance service; 
  2.2      (8) a representative of sheriffs; 
  2.3      (9) a member of a local board of health to represent 
  2.4   community health services; 
  2.5      (10) two representatives of regional emergency medical 
  2.6   services programs, one of whom must be from the metropolitan 
  2.7   regional emergency medical services program; 
  2.8      (11) a registered nurse currently practicing in a hospital 
  2.9   emergency department; 
  2.10     (12) a pediatrician, certified by the American board of 
  2.11  pediatrics, with experience in emergency medical services; 
  2.12     (13) a family practice physician who is currently involved 
  2.13  in emergency medical services; 
  2.14     (14) a public member who resides in Minnesota and is at 
  2.15  least 65 years of age; and 
  2.16     (15) the commissioners of health and public safety or their 
  2.17  designees. 
  2.18     (b) The governor shall appoint members under paragraph (a). 
  2.19  Appointments under clauses (1) to (9) and (11) to (13) are 
  2.20  subject to the advice and consent of the senate.  In making 
  2.21  appointments under clauses (1) to (9) and (11) to (13), the 
  2.22  governor shall consider recommendations of the American college 
  2.23  of emergency physicians, the Minnesota hospital association, the 
  2.24  Minnesota and state fire chief's association, the Minnesota 
  2.25  ambulance association, the Minnesota emergency medical services 
  2.26  association, the Minnesota state sheriff's association, the 
  2.27  association of Minnesota counties, the Minnesota nurses 
  2.28  association, and the Minnesota chapter of the academy of 
  2.29  pediatrics. 
  2.30     (c) No member appointed under paragraph (a) may serve 
  2.31  consecutive terms. 
  2.32     (d) At least seven members appointed under paragraph (a) 
  2.33  must reside outside of the seven-county metropolitan area, as 
  2.34  defined in section 473.121. 
  2.35     Sec. 2.  Minnesota Statutes 2002, section 144E.27, 
  2.36  subdivision 1, is amended to read: 
  3.1      Subdivision 1.  [TRAINING PROGRAMS.] Curriculum for initial 
  3.2   and refresher training programs must meet the current standards 
  3.3   of the United States Department of Transportation first 
  3.4   responder curriculum or its equivalent as determined by the 
  3.5   board.  A training program instructor must be a first responder, 
  3.6   EMT, EMT-I, EMT-P, physician, physician assistant, or registered 
  3.7   nurse. 
  3.8      Sec. 3.  Minnesota Statutes 2002, section 144E.27, 
  3.9   subdivision 2, is amended to read: 
  3.10     Subd. 2.  [REGISTRATION.] To be eligible for registration 
  3.11  with the board as a first responder, an individual shall 
  3.12  register the following persons as first responders: 
  3.13     (1) a person who successfully completes complete a 
  3.14  board-approved initial or refresher first responder training 
  3.15  program.  Registration under this clause is valid for two years 
  3.16  and expires at the end of the month in which the registration 
  3.17  was issued; or 
  3.18     (2) a person who is be credentialed as a first responder by 
  3.19  the National Registry of Emergency Medical Technicians.  
  3.20  Registration under this clause expires the same day as the 
  3.21  National Registry credential.  
  3.22     Sec. 4.  Minnesota Statutes 2002, section 144E.27, 
  3.23  subdivision 4, is amended to read: 
  3.24     Subd. 4.  [EXPIRATION.] (a) A first responder registration 
  3.25  issued by the board or the commissioner of health before August 
  3.26  1, 1997, expires in 1999 at the end of the month in which it was 
  3.27  issued. as follows: 
  3.28     (1) for initial registration granted between January 1 and 
  3.29  June 30 of an even-numbered year, the expiration date is 
  3.30  September 30 of the next even-numbered year; 
  3.31     (2) for initial registration granted between July 1 and 
  3.32  December 31 of an even-numbered year, the expiration date is 
  3.33  September 30 of the second odd-numbered year; 
  3.34     (3) for initial registration granted between January 1 and 
  3.35  June 30 of an odd-numbered year, the expiration date is 
  3.36  September 30 of the next odd-numbered year; and 
  4.1      (4) for initial registration granted between July 1 and 
  4.2   December 31 of an odd-numbered year, the expiration date is 
  4.3   September 30 of the second even-numbered year. 
  4.4      (b) Subsequent registration renewals expire on September 30 
  4.5   and are valid for two years. 
  4.6      Sec. 5.  Minnesota Statutes 2002, section 144E.286, is 
  4.7   amended by adding a subdivision to read: 
  4.8      Subd. 3.  [EXAMINER QUALIFICATIONS.] An examiner testing 
  4.9   EMT, EMT-I, or EMT-P practical skills must be certified at or 
  4.10  above the level the examiner is testing or must be a registered 
  4.11  nurse, physician, or physician assistant.  A physician must be 
  4.12  available to answer questions relating to the evaluation of 
  4.13  skill performance at the EMT-I and EMT-P practical examination. 
  4.14     Sec. 6.  Minnesota Statutes 2002, section 144E.305, 
  4.15  subdivision 2, is amended to read: 
  4.16     Subd. 2.  [MANDATORY REPORTING.] (a) A licensee shall 
  4.17  report to the board conduct by a first responder, EMT, EMT-I, or 
  4.18  EMT-P that they reasonably believe constitutes grounds for 
  4.19  disciplinary action under section 144E.27, subdivision 5, or 
  4.20  144E.28, subdivision 5.  The licensee shall report to the board 
  4.21  within 60 days of obtaining knowledge of the conduct 
  4.22  constituting grounds for disciplinary action. 
  4.23     (b) A licensee shall report to the board any dismissal from 
  4.24  employment of a first responder, EMT, EMT-I, or EMT-P.  A 
  4.25  licensee shall report the resignation of a first responder, EMT, 
  4.26  EMT-I, or EMT-P before the conclusion of any disciplinary 
  4.27  proceeding or before commencement of formal charges but after 
  4.28  the first responder, EMT, EMT-I, or EMT-P has knowledge that 
  4.29  formal charges are contemplated or in preparation.  The licensee 
  4.30  shall report to the board within 60 days of the resignation or 
  4.31  initial determination to dismiss.  An individual's exercise of 
  4.32  rights under a collective bargaining agreement does not extend 
  4.33  the licensee's time period for reporting under this subdivision. 
  4.34     Sec. 7.  Minnesota Statutes 2002, section 144E.41, is 
  4.35  amended to read: 
  4.36     144E.41 [PROGRAM ELIGIBILITY; QUALIFIED AMBULANCE SERVICE 
  5.1   PERSONNEL.] 
  5.2      (a) Persons eligible to participate in the ambulance 
  5.3   service personnel longevity award and incentive program are 
  5.4   qualified ambulance service personnel. 
  5.5      (b) Qualified ambulance service personnel are ambulance 
  5.6   attendants, ambulance drivers, and ambulance service medical 
  5.7   directors or medical advisors who meet the following 
  5.8   requirements: 
  5.9      (1) employment of the person by or provision by the person 
  5.10  of service to an ambulance service that is licensed as such by 
  5.11  the state of Minnesota and that provides ambulance services that 
  5.12  are generally available to the public and are free of unfair 
  5.13  discriminatory practices under chapter 363; 
  5.14     (2) performance by the person during the 12 months ending 
  5.15  as of the immediately previous June 30 of all or a predominant 
  5.16  portion of the person's services in the state of Minnesota or on 
  5.17  behalf of Minnesota residents, as verified by August 1 annually 
  5.18  in an affidavit from the chief administrative officer of the 
  5.19  ambulance service; 
  5.20     (3) current certification of the person during the 12 
  5.21  months ending as of the immediately previous June 30 by the 
  5.22  Minnesota department of health as an ambulance attendant, 
  5.23  ambulance driver, or ambulance service medical director or 
  5.24  medical advisor under section 144E.265 or 144E.28, and 
  5.25  supporting rules, and current active ambulance service 
  5.26  employment or service provision status of the person, as 
  5.27  verified by August 1 annually in an affidavit from the chief 
  5.28  administrative officer of the ambulance service; and 
  5.29     (4) conformance by the person with the definition of the 
  5.30  phrase "volunteer ambulance attendant" under section 144E.001, 
  5.31  subdivision 15, except that for the salary limit specified in 
  5.32  that provision there must be substituted, for purposes of this 
  5.33  section only, a limit of $3,000 for calendar year 1993, and 
  5.34  $3,000 multiplied by the cumulative percentage increase in the 
  5.35  national Consumer Price Index, all items, for urban wage earners 
  5.36  and clerical workers, as published by the federal Department of 
  6.1   Labor, Bureau of Labor Statistics, since December 31, 1993, and 
  6.2   for an ambulance service medical director, conformance based 
  6.3   solely on the person's hourly stipends or salary for service as 
  6.4   a medical director.  
  6.5      (c) The term "active ambulance service employment or 
  6.6   service provision status" means being in good standing with and 
  6.7   on the active roster of the ambulance service making the 
  6.8   certification. 
  6.9      (d) The maximum period of ambulance service employment or 
  6.10  service provision for which a person may receive credit towards 
  6.11  an award under this chapter, including prior service credit 
  6.12  under section 144E.45, subdivision 2, paragraph (c), is 20 years.
  6.13     (e) For a person who is employed by or provides service to 
  6.14  more than one ambulance service concurrently during any period 
  6.15  during the 12-month period, credit towards an award under this 
  6.16  chapter is limited to one ambulance service during any period.  
  6.17  The creditable period is with the ambulance service for which 
  6.18  the person undertakes the greatest portion of employment or 
  6.19  service hours. 
  6.20     Sec. 8.  Minnesota Statutes 2002, section 144E.50, 
  6.21  subdivision 5, is amended to read: 
  6.22     Subd. 5.  [DISTRIBUTION.] Money from the fund shall be 
  6.23  distributed according to this subdivision.  Ninety-three and 
  6.24  one-third percent of the fund shall be distributed annually on a 
  6.25  contract for services basis with each of the eight regional 
  6.26  emergency medical services systems designated by the 
  6.27  board.  Contracts with the eight regional emergency medical 
  6.28  services systems shall be for four-year terms contingent upon 
  6.29  appropriation of adequate funds.  If the emergency medical 
  6.30  services regulatory board does not accept a contract proposal 
  6.31  from a current contract holder, the board shall initiate a 
  6.32  contested case proceeding under sections 14.57 to 14.69, at the 
  6.33  request of the current contract holder.  The systems shall be 
  6.34  governed by a body consisting of appointed representatives from 
  6.35  each of the counties in that region and shall also include 
  6.36  representatives from emergency medical services organizations.  
  7.1   The board shall contract with a regional entity only if the 
  7.2   contract proposal satisfactorily addresses proposed emergency 
  7.3   medical services activities in the following areas:  personnel 
  7.4   training, transportation coordination, public safety agency 
  7.5   cooperation, communications systems maintenance and development, 
  7.6   public involvement, health care facilities involvement, and 
  7.7   system management.  If each of the regional emergency medical 
  7.8   services systems submits a satisfactory contract proposal, then 
  7.9   this part of the fund shall be distributed evenly among the 
  7.10  regions.  If one or more of the regions does not contract for 
  7.11  the full amount of its even share or if its proposal is 
  7.12  unsatisfactory, then the board may reallocate the unused funds 
  7.13  to the remaining regions on a pro rata basis.  Six and 
  7.14  two-thirds percent of the fund shall be used by the board to 
  7.15  support regionwide reporting systems and to provide other 
  7.16  regional administration and technical assistance. 
  7.17     Sec. 9.  Minnesota Statutes 2002, section 270A.03, 
  7.18  subdivision 2, is amended to read: 
  7.19     Subd. 2.  [CLAIMANT AGENCY.] "Claimant agency" means any 
  7.20  state agency, as defined by section 14.02, subdivision 2, the 
  7.21  regents of the University of Minnesota, any district court of 
  7.22  the state, any county, any statutory or home rule charter city 
  7.23  presenting a claim for a municipal hospital or a public library 
  7.24  or a municipal an ambulance service licensed under chapter 144E, 
  7.25  a hospital district, a private nonprofit hospital that leases 
  7.26  its building from the county in which it is located, any public 
  7.27  agency responsible for child support enforcement, any public 
  7.28  agency responsible for the collection of court-ordered 
  7.29  restitution, and any public agency established by general or 
  7.30  special law that is responsible for the administration of a 
  7.31  low-income housing program.