Office of the Revisor of Statutes
Minnesota Session Laws - 2000, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 313-S.F.No. 2748
An act relating to health; modifying ambulance service
and EMT requirements; amending Minnesota Statutes 1999
Supplement, sections 144E.101, subdivision 9; 144E.28,
subdivisions 5 and 7; 144E.285, subdivisions 1 and 4;
144E.29; 144E.305, subdivisions 1 and 2; and 144E.50,
subdivision 6; repealing Minnesota Rules, parts
4690.0100, subpart 28; 4690.3500; 4690.7900, subpart
2; and 4735.5100.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1999 Supplement, section
144E.101, subdivision 9, is amended to read:
Subd. 9. [SPECIALIZED LIFE SUPPORT.] A specialized ground
life support service providing advanced life support shall be
staffed by at least one EMT and one EMT-P, registered nurse, or
physician assistant. A specialized life support service shall
provide basic or advanced life support as designated by the
board, and shall be restricted by the board to:
(1) operation less than 24 hours of every day;
(2) designated segments of the population;
(3) certain types of medical conditions; or
(4) air ambulance service that includes fixed-wing and or
rotor-wing.
Sec. 2. Minnesota Statutes 1999 Supplement, section
144E.28, subdivision 5, is amended to read:
Subd. 5. [DENIAL, SUSPENSION, REVOCATION.] (a) The board
may deny certification or take any action authorized in
subdivision 4 against an individual who the board determines:
(1) violates sections 144E.001 to 144E.33 or the rules
adopted under those sections;
(2) misrepresents or falsifies information on an
application form for certification;
(3) is convicted or pleads guilty or nolo contendere to any
felony; any gross misdemeanor relating to assault, sexual
misconduct, or the illegal use of drugs or alcohol; or any
misdemeanor relating to sexual misconduct or the illegal use of
drugs or alcohol;
(4) is actually or potentially unable to provide emergency
medical services with reasonable skill and safety to patients by
reason of illness, use of alcohol, drugs, chemicals, or any
other material, or as a result of any mental or physical
condition;
(5) engages in unethical conduct, including, but not
limited to, conduct likely to deceive, defraud, or harm the
public or demonstrating a willful or careless disregard for the
health, welfare, or safety of the public; or
(6) maltreats or abandons a patient.
(b) Before taking action under paragraph (a), the board
shall give notice to an individual of the right to a contested
case hearing under chapter 14. If an individual requests a
contested case hearing within 30 days after receiving notice,
the board shall initiate a contested case hearing according to
chapter 14 and no disciplinary action shall be taken at that
time.
(c) The administrative law judge shall issue a report and
recommendation within 30 days after closing the contested case
hearing record. The board shall issue a final order within 30
days after receipt of the administrative law judge's report.
(d) After six months from the board's decision to deny,
revoke, place conditions on, or refuse renewal of an
individual's certification for disciplinary action, the
individual shall have the opportunity to apply to the board for
reinstatement.
Sec. 3. Minnesota Statutes 1999 Supplement, section
144E.28, subdivision 7, is amended to read:
Subd. 7. [RENEWAL.] (a) Before the expiration date of
certification, an applicant for renewal of certification as an
EMT shall:
(1) successfully complete a course in cardiopulmonary
resuscitation that is approved by the board or the licensee's
medical director; and
(2) take the United States Department of Transportation EMT
refresher course and successfully pass the practical skills test
portion of the course, or successfully complete 48 hours of
continuing education in EMT programs that are consistent with
the United States Department of Transportation National Standard
Curriculum or its equivalent as approved by the board or as
approved by the licensee's medical director and pass a practical
skills test approved by the board and administered by a training
program approved by the board. The cardiopulmonary
resuscitation course and practical skills test may be included
as part of the refresher course or continuing education renewal
requirements. Twenty-four of the 48 hours must include at least
four hours of instruction in each of the following six
categories:
(i) airway management and resuscitation procedures;
(ii) circulation, bleeding control, and shock;
(iii) human anatomy and physiology, patient assessment, and
medical emergencies;
(iv) injuries involving musculoskeletal, nervous,
digestive, and genito-urinary systems;
(v) environmental emergencies and rescue techniques; and
(vi) emergency childbirth and other special situations.
(b) Before the expiration date of certification, an
applicant for renewal of certification as an EMT-I or EMT-P
shall:
(1) for an EMT-I, successfully complete a course in
cardiopulmonary resuscitation that is approved by the board or
the licensee's medical director and for an EMT-P, successfully
complete a course in advanced cardiac life support that is
approved by the board or the licensee's medical director; and
(2) successfully complete 48 hours of continuing education
in emergency medical training programs, appropriate to the level
of the applicant's EMT-I or EMT-P certification, that are
consistent with the United States Department of Transportation
National Standard Curriculum or its equivalent as approved by
the board or as approved by the licensee's medical director. An
applicant may take the United States Department of
Transportation Emergency Medical Technician refresher course or
its equivalent without the written or practical test as approved
by the board, and as appropriate to the applicant's level of
certification, as part of the 48 hours of continuing education.
Each hour of the refresher course, the cardiopulmonary
resuscitation course, and the advanced cardiac life support
course counts toward the 48-hour continuing education
requirement.
(c) Certification shall be renewed every two years.
(d) If the applicant does not meet the renewal requirements
under this subdivision, the applicant's certification expires.
Sec. 4. Minnesota Statutes 1999 Supplement, section
144E.285, subdivision 1, is amended to read:
Subdivision 1. [APPROVAL REQUIRED.] (a) All training
programs for an EMT, EMT-I, or EMT-P must be approved by the
board.
(b) To be approved by the board, a training program must:
(1) submit an application prescribed by the board that
includes:
(i) type and length of course to be offered;
(ii) names, addresses, and qualifications of the program
medical director, program training coordinator, and certified
instructors;
(iii) names and addresses of clinical sites, including a
contact person and telephone number;
(iv) admission criteria for students; and
(v) materials and equipment to be used;
(2) for each course, implement the most current version of
the United States Department of Transportation curriculum or its
equivalent as determined by the board applicable to EMT, EMT-I,
or EMT-P training;
(3) have a program medical director and a program
coordinator;
(4) utilize instructors who meet the requirements of
section 144E.283 for teaching at least 50 percent of the course
content. The remaining 50 percent of the course may be taught
by guest lecturers approved by the training program coordinator
or medical director;
(5) have at least one instructor for every ten students at
the practical skill stations;
(6) maintain a written agreement with a licensed hospital
or licensed ambulance service designating a clinical training
site;
(7) retain documentation of program approval by the board,
course outline, and student information;
(8) notify the board of the starting date of a course prior
to the beginning of a course; and
(9) submit the appropriate fee as required under section
144E.29.
Sec. 5. Minnesota Statutes 1999 Supplement, section
144E.285, subdivision 4, is amended to read:
Subd. 4. [REAPPROVAL.] A training program shall apply to
the board for reapproval at least three months prior to the
expiration date of its approval and must:
(1) submit an application prescribed by the board
specifying any changes from the information provided for prior
approval and any other information requested by the board to
clarify incomplete or ambiguous information presented in the
application; and
(2) comply with the requirements under subdivision 1,
paragraph (b), clauses (2) to (8) (9).
Sec. 6. Minnesota Statutes 1999 Supplement, section
144E.29, is amended to read:
144E.29 [FEES.]
(a) The board shall charge the following fees:
(1) initial application for and renewal of an ambulance
service license, $150;
(2) each ambulance operated by a licensee, $96. The
licensee shall pay an additional $96 fee for the full licensing
period or $8 $4 per month for any fraction of the period for
each ambulance added to the ambulance service during the
licensing period;
(3) initial application for and renewal of approval for a
training program, $100; and
(4) duplicate of an original license, certification, or
approval, $25.
(b) With the exception of paragraph (a), clause (5) (4),
all fees are for a two-year period. All fees are nonrefundable.
(c) Fees collected by the board shall be deposited as
nondedicated receipts in the trunk highway fund.
Sec. 7. Minnesota Statutes 1999 Supplement, section
144E.305, subdivision 1, is amended to read:
Subdivision 1. [VOLUNTARY REPORTING.] A person who has
knowledge of any conduct constituting grounds for discipline
under section 144E.27, subdivision 5, or 144E.28, subdivision 4
5, may report the alleged violation to the board.
Sec. 8. Minnesota Statutes 1999 Supplement, section
144E.305, subdivision 2, is amended to read:
Subd. 2. [MANDATORY REPORTING.] (a) A licensee shall
report to the board conduct by a first responder, EMT, EMT-I, or
EMT-P that they reasonably believe constitutes grounds for
disciplinary action under section 144E.27, subdivision 5, or
144E.28, subdivision 4 5.
(b) A licensee shall report to the board any dismissal from
employment of a first responder, EMT, EMT-I, or EMT-P. A
licensee shall report the resignation of a first responder, EMT,
EMT-I, or EMT-P before the conclusion of any disciplinary
proceeding or before commencement of formal charges but after
the first responder, EMT, EMT-I, or EMT-P has knowledge that
formal charges are contemplated or in preparation.
Sec. 9. Minnesota Statutes 1999 Supplement, section
144E.50, subdivision 6, is amended to read:
Subd. 6. [AUDITS.] (a) Each regional emergency medical
services board designated by the emergency medical services
regulatory board shall be audited either annually or biennially
by an independent auditor who is either a state or local
government auditor or a certified public accountant who meets
the independence standards specified by the General Accounting
Office for audits of governmental organizations, programs,
activities, and functions. The audit shall cover all funds
received by the regional board, including but not limited to,
funds appropriated under this section, section 144E.52, and
section 169.686, subdivision 3. Expenses associated with the
audit are the responsibility of the regional board.
(b) The A biennial audit specified in paragraph (a) shall
be performed within 60 days following the close of the
biennium. Copies of the audit and any accompanying materials
shall be filed by October 1 of each odd-numbered year, beginning
in 1999, with the emergency medical services regulatory board,
the legislative auditor, and the state auditor.
(c) An annual audit specified in paragraph (a) shall be
performed within 120 days following the close of the regional
emergency medical services board's fiscal year. Copies of the
audit and any accompanying materials shall be filed within 150
days following the close of the regional emergency medical
services board's fiscal year, beginning in the year 2000, with
the board, the legislative auditor, and the state auditor.
(c) (d) If the audit is not conducted as required in
paragraph (a) or copies filed as required in paragraph (b) or
(c), or if the audit determines that funds were not spent in
accordance with this chapter, the emergency medical services
regulatory board shall immediately reduce funding to the
regional emergency medical services board as follows:
(1) if an audit was not conducted or if an audit was
conducted but copies were not provided as required, funding
shall be reduced by up to 100 percent; and
(2) if an audit was conducted and copies provided, and the
audit identifies expenditures made that are not in compliance
with this chapter, funding shall be reduced by the amount in
question plus ten percent.
A funding reduction under this paragraph is effective for the
fiscal year in which the reduction is taken and the following
fiscal year.
(d) (e) The emergency medical services regulatory board
shall distribute any funds withheld from a regional board under
paragraph (c) (d) to the remaining regional boards on a pro rata
basis.
Sec. 10. [REPEALER.]
Minnesota Rules, parts 4690.0100, subpart 28; 4690.3500;
4690.7900, subpart 2; and 4735.5100, are repealed.
Sec. 11. [EFFECTIVE DATE.]
Sections 1 to 10 are effective the day following final
enactment.
Presented to the governor March 30, 2000
Signed by the governor April 3, 2000, 2:10 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes