Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

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.