HF 1420

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to civil actions; providing immunity for 
  1.3             certain emergency medical services personnel; 
  1.4             proposing coding for new law in Minnesota Statutes, 
  1.5             chapter 604A. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [604A.015] [EMERGENCY MEDICAL SERVICES 
  1.8   PERSONNEL; IMMUNITY.] 
  1.9      Subdivision 1.  [DEFINITIONS.] For purposes of this section:
  1.10     (a) "Emergency medical services personnel" means: 
  1.11     (1) an instructor; 
  1.12     (2) a medical director and a medical advisor; 
  1.13     (3) an individual permitted to staff or serve on an 
  1.14  ambulance under section 144.804, subdivision 1, or 144.809; 
  1.15     (4) a peace officer or part-time peace officer, as defined 
  1.16  in section 626.84, subdivision 1; 
  1.17     (5) an individual who serves on a fire department of a 
  1.18  governmental subdivision of the state; 
  1.19     (6) a hazardous incident responder; 
  1.20     (7) a first responder who is trained to perform basic 
  1.21  emergency skills before the arrival of a licensed ambulance 
  1.22  service and who is a member of an organized service recognized 
  1.23  by a local political subdivision to serve as the initial 
  1.24  responder to incidents involving the sick, the injured, or 
  1.25  pregnant women; 
  2.1      (8) a training institution certified under Minnesota Rules, 
  2.2   part 4690.3900; 
  2.3      (9) a hospital and medical personnel providing 
  2.4   out-of-hospital medical control; 
  2.5      (10) a regional emergency medical services program, as 
  2.6   defined in section 144.8093; and 
  2.7      (11) an ambulance service, licensed by the commissioner of 
  2.8   health under section 144.802.  
  2.9      (b) "Instructor" means a physician, registered nurse, 
  2.10  emergency medical technician, intermediate emergency medical 
  2.11  technician, paramedic, or other person qualified by training and 
  2.12  experience and approved by the commissioner of health. 
  2.13     (c) "Medical director" means:  
  2.14     (1) a physician who accepts responsibility for the quality 
  2.15  of care provided by drivers and attendants of an advanced 
  2.16  ambulance service and who:  
  2.17     (i) provides standards for training and orientation of 
  2.18  personnel; 
  2.19     (ii) provides standards on upgrading and purchasing 
  2.20  equipment; 
  2.21     (iii) prescribes any standing orders for the provision of 
  2.22  life support care; 
  2.23     (iv) provides triage, treatment, and transporting protocols 
  2.24  to assure that patients requiring care are transported to 
  2.25  appropriate medical facilities; 
  2.26     (v) assists with the development and operation of an 
  2.27  internal quality assurance mechanism that includes a review of 
  2.28  services provided; 
  2.29     (vi) provides written procedures for the storage and 
  2.30  administration of drugs; and 
  2.31     (vii) provides written standards for medical equipment and 
  2.32  supplies used to provide advanced ambulance services; and 
  2.33     (2) with respect to a basic ambulance service that has been 
  2.34  granted a variance to perform a restricted treatment or 
  2.35  procedure listed in Minnesota Rules, part 4690.0800, subpart 2, 
  2.36  a physician who accepts responsibility for the quality of care 
  3.1   given in the course of providing the restricted treatment or 
  3.2   procedure who provides:  
  3.3      (i) standards for training and continuing education with 
  3.4   respect to the restricted treatment or procedure for which the 
  3.5   variance was granted; 
  3.6      (ii) standards for the purchase of medical equipment and 
  3.7   supplies necessary for the restricted treatment or procedure; 
  3.8      (iii) standing orders for performing the restricted 
  3.9   treatment or procedure; and 
  3.10     (iv) regular review of the quality of care provided under 
  3.11  the variance.  
  3.12     (d) "Medical adviser" means a physician who: 
  3.13     (1) provides advice on training and orientation of 
  3.14  personnel; 
  3.15     (2) provides advice on upgrading and purchasing equipment; 
  3.16     (3) provides triage, treatment, and transporting protocols 
  3.17  to assure that patients requiring care are transported to 
  3.18  appropriate medical facilities; and 
  3.19     (4) helps to develop and operate an internal quality 
  3.20  assurance mechanism that includes a review of services provided. 
  3.21     (e) "Medical control" means the direction by a physician of 
  3.22  out-of-hospital emergency medical care that is provided through 
  3.23  direct oral communication by radio or telephone. 
  3.24     Subd. 2.  [IMMUNITY.] Emergency medical services personnel 
  3.25  are not liable for damages in a civil action for injury or loss 
  3.26  to a person or property resulting from the administration of 
  3.27  emergency medical services, unless the services are administered 
  3.28  in a willful and wanton or reckless manner. 
  3.29     Sec. 2.  [EFFECTIVE DATE; APPLICATION.] 
  3.30     Section 1 is effective August 1, 1995, and applies to 
  3.31  causes of action arising on or after that date.