Office of the Revisor of Statutes
Minnesota Session Laws - 2004, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 144-S.F.No. 1748
An act relating to health; modifying provisions
relating to emergency medical services; amending
Minnesota Statutes 2002, sections 144E.01, subdivision
1; 144E.265, subdivision 2; 144E.27, subdivisions 1,
2; 144E.286, by adding a subdivision; 144E.305,
subdivision 2; 144E.46; Minnesota Statutes 2003
Supplement, section 144E.41; repealing Minnesota
Statutes 2002, sections 144E.27, subdivision 4;
144E.286, subdivisions 1, 2; Minnesota Rules, parts
4690.1500, subpart 3; 4690.7900, subpart 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2002, section 144E.01,
subdivision 1, is amended to read:
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 a first responder
and who is a member of a professional firefighter's union;
(5) a volunteer firefighter who serves as a first
responder;
(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 local board of health 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 is at
least 65 years of age; and
(15) the commissioners of health and public safety or their
designees.
(b) The governor shall appoint members under paragraph (a).
Appointments under clauses (1) to (9) and (11) to (13) are
subject to the advice and consent of the senate. In making
appointments under 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) No member appointed under paragraph (a) may serve
consecutive terms.
(d) At least seven members appointed under paragraph (a)
must reside outside of the seven-county metropolitan area, as
defined in section 473.121.
Sec. 2. Minnesota Statutes 2002, section 144E.265,
subdivision 2, is amended to read:
Subd. 2. [RESPONSIBILITIES.] Responsibilities of the
medical director shall include, but are not limited to:
(1) approving standards for training and orientation of
personnel that impact patient care;
(2) approving standards for purchasing equipment and
supplies that impact patient care;
(3) establishing standing orders for prehospital care;
(4) approving written triage, treatment, and transportation
protocols guidelines for adult and pediatric patients;
(5) participating in the development and operation of
continuous quality improvement programs including, but not
limited to, case review and resolution of patient complaints;
(6) establishing procedures for the administration of
drugs; and
(7) maintaining the quality of care according to the
standards and procedures established under clauses (1) to (6).
Sec. 3. Minnesota Statutes 2002, section 144E.27,
subdivision 1, is amended to read:
Subdivision 1. [TRAINING PROGRAMS.] Curriculum for initial
and refresher training programs must meet the current standards
of the United States Department of Transportation first
responder curriculum or its equivalent as determined by the
board. A training program instructor must be a first responder,
EMT, EMT-I, EMT-P, physician, physician assistant, or registered
nurse.
Sec. 4. Minnesota Statutes 2002, section 144E.27,
subdivision 2, is amended to read:
Subd. 2. [REGISTRATION.] To be eligible for registration
with the board as a first responder, an individual shall
register the following persons as first responders:
(1) a person who successfully completes complete a
board-approved initial or refresher first responder training
program. Registration under this clause is valid for two years
and expires at the end of the month in which the registration
was issued; or
(2) a person who is be credentialed as a first responder by
the National Registry of Emergency Medical Technicians.
Registration under this clause expires the same day as the
National Registry credential.
Sec. 5. Minnesota Statutes 2002, section 144E.286, is
amended by adding a subdivision to read:
Subd. 3. [EXAMINER QUALIFICATIONS.] An examiner testing
EMT, EMT-I, or EMT-P practical skills must be certified at or
above the level the examiner is testing or must be a registered
nurse, physician, or physician assistant. A physician must be
available to answer questions relating to the evaluation of
skill performance at the EMT-I and EMT-P practical examination.
Sec. 6. Minnesota Statutes 2002, 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 5. The licensee shall report to the board
within 60 days of obtaining verifiable knowledge of the conduct
constituting grounds for disciplinary action.
(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. The licensee
shall report to the board within 60 days of the resignation or
initial determination to dismiss. An individual's exercise of
rights under a collective bargaining agreement does not extend
the licensee's time period for reporting under this subdivision.
Sec. 7. Minnesota Statutes 2003 Supplement, section
144E.41, is amended to read:
144E.41 [PROGRAM ELIGIBILITY; QUALIFIED AMBULANCE SERVICE
PERSONNEL.]
(a) Persons eligible to participate in the ambulance
service personnel longevity award and incentive program are
qualified ambulance service personnel.
(b) Qualified ambulance service personnel are ambulance
attendants, ambulance drivers, and ambulance service medical
directors or medical advisors who meet the following
requirements:
(1) employment of the person by or provision by the person
of service to an ambulance service that is licensed as such by
the state of Minnesota and that provides ambulance services that
are generally available to the public and are free of unfair
discriminatory practices under chapter 363A;
(2) performance by the person during the 12 months ending
as of the immediately previous June 30 of all or a predominant
portion of the person's services in the state of Minnesota or on
behalf of Minnesota residents, as verified by August 1 annually
in an affidavit from the chief administrative officer of the
ambulance service;
(3) current certification of the person during the 12
months ending as of the immediately previous June 30 by the
board as an ambulance attendant, ambulance driver, or ambulance
service medical director or medical advisor under section
144E.265 or 144E.28, and supporting rules, and current active
ambulance service employment or service provision status of the
person, as verified by August 1 annually in an affidavit from
the chief administrative officer of the ambulance service; and
(4) conformance by the person with the definition of the
phrase "volunteer ambulance attendant" under section 144E.001,
subdivision 15, except that for the salary limit specified in
that provision there must be substituted, for purposes of this
section only, a limit of $3,000 $6,000 for calendar year
1993 2004, and $3,000 $6,000 multiplied by the cumulative
percentage increase in the national Consumer Price Index, all
items, for urban wage earners and clerical workers, as published
by the federal Department of Labor, Bureau of Labor Statistics,
since December 31, 1993 2004, and for an ambulance service
medical director, conformance based solely on the person's
hourly stipends or salary for service as a medical director.
(c) The term "active ambulance service employment or
service provision status" means being in good standing with and
on the active roster of the ambulance service making the
certification.
(d) The maximum period of ambulance service employment or
service provision for which a person may receive credit towards
an award under this chapter, including prior service credit
under section 144E.45, subdivision 2, paragraph (c), is 20 years.
(e) For a person who is employed by or provides service to
more than one ambulance service concurrently during any period
during the 12-month period, credit towards an award under this
chapter is limited to one ambulance service during any period.
The creditable period is with the ambulance service for which
the person undertakes the greatest portion of employment or
service hours.
Sec. 8. Minnesota Statutes 2002, section 144E.46, is
amended to read:
144E.46 [AMBULANCE SERVICE PERSONNEL LONGEVITY AWARD.]
(a) A qualified ambulance service person who has terminated
active ambulance service, who has at least five years of
credited ambulance service, who is at least 50 years old, and
who is among the 400 persons with the greatest amount of
credited ambulance service applying for a longevity award during
that year, is entitled, upon application, to an ambulance
service personnel longevity award. An applicant whose
application is not approved because of the limit on the number
of annual awards may apply in a subsequent year.
(b) If a qualified ambulance service person who meets the
age and service requirements specified in paragraph (a) dies
before applying for a longevity award, the estate of the
decedent is entitled, upon application, to the decedent's
ambulance service personnel longevity award, without reference
to the limit on the number of annual awards.
(c) An ambulance service personnel longevity award is the
total amount of the person's accumulations indicated in the
person's separate record under section 144E.45 as of November 1
in the calendar year in which application is made. The amount
is payable only in a lump sum.
(d) Applications for an ambulance service personnel
longevity award must be received by the board or the board's
designee under section 144E.40, subdivision 2, by October 1,
annually. Ambulance service personnel longevity awards are
payable only as of the last business day in December annually.
Sec. 9. [REPEALER.]
Minnesota Statutes 2002, sections 144E.27, subdivision 4;
and 144E.286, subdivisions 1 and 2; and Minnesota Rules, parts
4690.1500, subpart 3; and 4690.7900, subpart 6, are repealed.
Sec. 10. [EFFECTIVE DATE.]
Section 8 is effective retroactively to January 1, 2003.
Presented to the governor March 25, 2004
Signed by the governor March 26, 2004, 7:30 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes