as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to health; modifying provisions relating to 1.3 emergency medical services; amending Minnesota 1.4 Statutes 2002, sections 144E.01, subdivision 1; 1.5 144E.265, subdivision 2; 144E.27, subdivisions 1, 2; 1.6 144E.286, by adding a subdivision; 144E.305, 1.7 subdivision 2; 144E.46; Minnesota Statutes 2003 1.8 Supplement, section 144E.41; repealing Minnesota 1.9 Statutes 2002, sections 144E.27, subdivision 4; 1.10 144E.286, subdivisions 1, 2; Minnesota Rules, parts 1.11 4690.1500, subpart 3; 4690.7900, subpart 6. 1.12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.13 Section 1. Minnesota Statutes 2002, section 144E.01, 1.14 subdivision 1, is amended to read: 1.15 Subdivision 1. [MEMBERSHIP.] (a) The Emergency Medical 1.16 Services Regulatory Board consists of the following members, all 1.17 of whom must work in Minnesota, except for the person listed in 1.18 clause (14): 1.19 (1) an emergency physician certified by the American Board 1.20 of Emergency Physicians; 1.21 (2) a representative of Minnesota hospitals; 1.22 (3) a representative of fire chiefs; 1.23 (4) a full-time firefighter who serves as a first responder 1.24 and who is a member of a professional firefighter's union; 1.25 (5) a volunteer firefighter who serves as a first 1.26 responder; 1.27 (6) an attendant currently practicing on a licensed 1.28 ambulance service who is a paramedic or an emergency medical 2.1 technician; 2.2 (7) an ambulance director for a licensed ambulance service; 2.3 (8) a representative of sheriffs; 2.4 (9) a member of a local board of health to represent 2.5 community health services; 2.6 (10) two representatives of regional emergency medical 2.7 services programs, one of whom must be from the metropolitan 2.8 regional emergency medical services program; 2.9 (11) a registered nurse currently practicing in a hospital 2.10 emergency department; 2.11 (12) a pediatrician, certified by the American Board of 2.12 Pediatrics, with experience in emergency medical services; 2.13 (13) a family practice physician who is currently involved 2.14 in emergency medical services; 2.15 (14) a public member who resides in Minnesota
and is at2.16 least 65 years of age; and 2.17 (15) the commissioners of health and public safety or their 2.18 designees. 2.19 (b) The governor shall appoint members under paragraph (a). 2.20 Appointments under clauses (1) to (9) and (11) to (13) are 2.21 subject to the advice and consent of the senate. In making 2.22 appointments under clauses (1) to (9) and (11) to (13), the 2.23 governor shall consider recommendations of the American College 2.24 of Emergency Physicians, the Minnesota Hospital Association, the 2.25 Minnesota and State Fire Chief's Association, the Minnesota 2.26 Ambulance Association, the Minnesota Emergency Medical Services 2.27 Association, the Minnesota State Sheriff's Association, the 2.28 Association of Minnesota Counties, the Minnesota Nurses 2.29 Association, and the Minnesota chapter of the Academy of 2.30 Pediatrics. 2.31 (c) No member appointed under paragraph (a) may serve 2.32 consecutive terms. 2.33 (d) At least seven members appointed under paragraph (a) 2.34 must reside outside of the seven-county metropolitan area, as 2.35 defined in section 473.121. 2.36 Sec. 2. Minnesota Statutes 2002, section 144E.265, 3.1 subdivision 2, is amended to read: 3.2 Subd. 2. [RESPONSIBILITIES.] Responsibilities of the 3.3 medical director shall include, but are not limited to: 3.4 (1) approving standards for training and orientation of 3.5 personnel that impact patient care; 3.6 (2) approving standards for purchasing equipment and 3.7 supplies that impact patient care; 3.8 (3) establishing standing orders for prehospital care; 3.9 (4) approving written triage, treatment, and transportation 3.10 protocolsguidelines for adult and pediatric patients; 3.11 (5) participating in the development and operation of 3.12 continuous quality improvement programs including, but not 3.13 limited to, case review and resolution of patient complaints; 3.14 (6) establishing procedures for the administration of 3.15 drugs; and 3.16 (7) maintaining the quality of care according to the 3.17 standards and procedures established under clauses (1) to (6). 3.18 Sec. 3. Minnesota Statutes 2002, section 144E.27, 3.19 subdivision 1, is amended to read: 3.20 Subdivision 1. [TRAINING PROGRAMS.] Curriculum for initial 3.21 and refresher training programs must meet the current standards 3.22 of the United States Department of Transportation first 3.23 responder curriculum or its equivalent as determined by the 3.24 board. A training program instructor must be a first responder, 3.25 EMT, EMT-I, EMT-P, physician, physician assistant, or registered 3.26 nurse. 3.27 Sec. 4. Minnesota Statutes 2002, section 144E.27, 3.28 subdivision 2, is amended to read: 3.29 Subd. 2. [REGISTRATION.] To be eligible for registration 3.30 with the board as a first responder, an individual shall 3.31 register the following persons as first responders: 3.32 (1) a person whosuccessfully completescomplete a 3.33 board-approved initial or refresherfirst responder training 3.34 program. Registration under this clause is valid for two years 3.35 and expires at the end of the month in which the registration 3.36 was issued; or 4.1 (2) a person who isbe credentialed as a first responder by 4.2 the National Registry of Emergency Medical Technicians. 4.3 Registration under this clause expires the same day as the 4.4 National Registry credential. 4.5 Sec. 5. Minnesota Statutes 2002, section 144E.286, is 4.6 amended by adding a subdivision to read: 4.7 Subd. 3. [EXAMINER QUALIFICATIONS.] An examiner testing 4.8 EMT, EMT-I, or EMT-P practical skills must be certified at or 4.9 above the level the examiner is testing or must be a registered 4.10 nurse, physician, or physician assistant. A physician must be 4.11 available to answer questions relating to the evaluation of 4.12 skill performance at the EMT-I and EMT-P practical examination. 4.13 Sec. 6. Minnesota Statutes 2002, section 144E.305, 4.14 subdivision 2, is amended to read: 4.15 Subd. 2. [MANDATORY REPORTING.] (a) A licensee shall 4.16 report to the board conduct by a first responder, EMT, EMT-I, or 4.17 EMT-P that they reasonably believe constitutes grounds for 4.18 disciplinary action under section 144E.27, subdivision 5, or 4.19 144E.28, subdivision 5. The licensee shall report to the board 4.20 within 60 days of obtaining verifiable knowledge of the conduct 4.21 constituting grounds for disciplinary action. 4.22 (b) A licensee shall report to the board any dismissal from 4.23 employment of a first responder, EMT, EMT-I, or EMT-P. A 4.24 licensee shall report the resignation of a first responder, EMT, 4.25 EMT-I, or EMT-P before the conclusion of any disciplinary 4.26 proceeding or before commencement of formal charges but after 4.27 the first responder, EMT, EMT-I, or EMT-P has knowledge that 4.28 formal charges are contemplated or in preparation. The licensee 4.29 shall report to the board within 60 days of the resignation or 4.30 initial determination to dismiss. An individual's exercise of 4.31 rights under a collective bargaining agreement does not extend 4.32 the licensee's time period for reporting under this subdivision. 4.33 Sec. 7. Minnesota Statutes 2003 Supplement, section 4.34 144E.41, is amended to read: 4.35 144E.41 [PROGRAM ELIGIBILITY; QUALIFIED AMBULANCE SERVICE 4.36 PERSONNEL.] 5.1 (a) Persons eligible to participate in the ambulance 5.2 service personnel longevity award and incentive program are 5.3 qualified ambulance service personnel. 5.4 (b) Qualified ambulance service personnel are ambulance 5.5 attendants, ambulance drivers, and ambulance service medical 5.6 directors or medical advisors who meet the following 5.7 requirements: 5.8 (1) employment of the person by or provision by the person 5.9 of service to an ambulance service that is licensed as such by 5.10 the state of Minnesota and that provides ambulance services that 5.11 are generally available to the public and are free of unfair 5.12 discriminatory practices under chapter 363A; 5.13 (2) performance by the person during the 12 months ending 5.14 as of the immediately previous June 30 of all or a predominant 5.15 portion of the person's services in the state of Minnesota or on 5.16 behalf of Minnesota residents, as verified by August 1 annually 5.17 in an affidavit from the chief administrative officer of the 5.18 ambulance service; 5.19 (3) current certification of the person during the 12 5.20 months ending as of the immediately previous June 30 by the 5.21 board as an ambulance attendant, ambulance driver, or ambulance 5.22 service medical director or medical advisor under section 5.23 144E.265 or 144E.28, and supporting rules, and current active 5.24 ambulance service employment or service provision status of the 5.25 person, as verified by August 1 annually in an affidavit from 5.26 the chief administrative officer of the ambulance service; and 5.27 (4) conformance by the person with the definition of the 5.28 phrase "volunteer ambulance attendant" under section 144E.001, 5.29 subdivision 15, except that for the salary limit specified in 5.30 that provision there must be substituted, for purposes of this 5.31 section only, a limit of $3,000$6,000 for calendar year 5.32 19932004, and $3,000$6,000 multiplied by the cumulative 5.33 percentage increase in the national Consumer Price Index, all 5.34 items, for urban wage earners and clerical workers, as published 5.35 by the federal Department of Labor, Bureau of Labor Statistics, 5.36 since December 31, 19932004, and for an ambulance service 6.1 medical director, conformance based solely on the person's 6.2 hourly stipends or salary for service as a medical director. 6.3 (c) The term "active ambulance service employment or 6.4 service provision status" means being in good standing with and 6.5 on the active roster of the ambulance service making the 6.6 certification. 6.7 (d) The maximum period of ambulance service employment or6.8 service provision for which a person may receive credit towards6.9 an award under this chapter, including prior service credit6.10 under section 144E.45, subdivision 2, paragraph (c), is 20 years.6.11 (e)For a person who is employed by or provides service to 6.12 more than one ambulance service concurrently during any period 6.13 during the 12-month period, credit towards an award under this 6.14 chapter is limited to one ambulance service during any period. 6.15 The creditable period is with the ambulance service for which 6.16 the person undertakes the greatest portion of employment or 6.17 service hours. 6.18 Sec. 8. Minnesota Statutes 2002, section 144E.46, is 6.19 amended to read: 6.20 144E.46 [AMBULANCE SERVICE PERSONNEL LONGEVITY AWARD.] 6.21 (a) A qualified ambulance service person who has terminated 6.22 active ambulance service, who has at least five years of 6.23 credited ambulance service, who is at least 50 years old, and 6.24 who is among the 400 persons with the greatest amount of 6.25 credited ambulance service applying for a longevity award during 6.26 that year, is entitled, upon application, to an ambulance 6.27 service personnel longevity award. An applicant whose 6.28 application is not approved because of the limit on the number 6.29 of annual awards may apply in a subsequent year. 6.30 (b) If a qualified ambulance service person who meets the 6.31 age andservice requirements specified in paragraph (a) dies 6.32 before applying for a longevity award, the estate of the 6.33 decedent is entitled, upon application, to the decedent's 6.34 ambulance service personnel longevity award, without reference 6.35 to the limit on the number of annual awards. 6.36 (c) An ambulance service personnel longevity award is the 7.1 total amount of the person's accumulations indicated in the 7.2 person's separate record under section 144E.45 as of November 1 7.3 in the calendar year in which application is made. The amount 7.4 is payable only in a lump sum. 7.5 (d) Applications for an ambulance service personnel 7.6 longevity award must be received by the board or the board's 7.7 designee under section 144E.40, subdivision 2, by October 1, 7.8 annually. Ambulance service personnel longevity awards are 7.9 payable only as of the last business day in December annually. 7.10 Sec. 9. [REPEALER.] 7.11 Minnesota Statutes 2002, sections 144E.27, subdivision 4; 7.12 and 144E.286, subdivisions 1 and 2; and Minnesota Rules, parts 7.13 4690.1500, subpart 3; and 4690.7900, subpart 6, are repealed. 7.14 Sec. 10. [EFFECTIVE DATE.] 7.15 Section 8 is effective retroactively to January 1, 2003.