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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

CHAPTER 193--H.F.No. 2128

An act

relating to health; licensing emergency medical personnel; making changes to the Cooper/Sams volunteer ambulance program;

amending Minnesota Statutes 2010, sections 144E.001, subdivisions 1b, 3a, 4a, 4b, 5c, 5d, 5e, 6, 11, 14, by adding subdivisions; 144E.01, subdivision 1; 144E.101, subdivisions 2, 6, 7, 9, 10, 12; 144E.103; 144E.127, subdivision 2; 144E.265, subdivision 2; 144E.27, subdivisions 1, 2, 3, 5, by adding a subdivision; 144E.275, subdivision 3; 144E.28, subdivisions 1, 5, 7; 144E.283; 144E.285; 144E.286, subdivision 3; 144E.29; 144E.30, subdivision 3; 144E.305, subdivision 2; 144E.31; 144E.32, subdivision 2; 144E.35, subdivision 1; 144E.41; 144E.52; Minnesota Statutes 2011 Supplement, sections 144E.001, subdivision 5f; 144E.28, subdivision 9; repealing Minnesota Rules, parts 4690.0100, subparts 16, 17; 4690.1400.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 144E.001, subdivision 1b, is amended to read:

Subd. 1b.

Advanced life support.

"Advanced life support" means rendering basic life support and rendering intravenous therapy, drug therapy, intubation, and defibrillation as outlined in the United States Department of Transportation deleted text begin emergency medical technician-paramedic curriculumdeleted text end new text begin paramedic standards new text end or its equivalent, as approved by the board.

Sec. 2.

Minnesota Statutes 2010, section 144E.001, subdivision 3a, is amended to read:

Subd. 3a.

Ambulance service personnel.

"Ambulance service personnel" means individuals who are authorized by a licensed ambulance service to provide emergency care for the ambulance service and are:

(1) EMT's, deleted text begin EMT-I's, or EMT-P'sdeleted text end new text begin AEMT's, or paramedicsnew text end ;

(2) Minnesota registered nurses who are: (i) EMT's, are currently practicing nursing, and have passed a paramedic practical skills test, as approved by the board and administered by deleted text begin a trainingdeleted text end new text begin an educationalnew text end program approved by the board; (ii) on the roster of an ambulance service on or before January 1, 2000; or (iii) after petitioning the board, deemed by the board to have training and skills equivalent to an EMT, as determined on a case-by-case basis; or

(3) Minnesota licensed physician assistants who are: (i) EMT's, are currently practicing as physician assistants, and have passed a paramedic practical skills test, as approved by the board and administered by deleted text begin a trainingdeleted text end new text begin an educationalnew text end program approved by the board; (ii) on the roster of an ambulance service on or before January 1, 2000; or (iii) after petitioning the board, deemed by the board to have training and skills equivalent to an EMT, as determined on a case-by-case basis.

Sec. 3.

Minnesota Statutes 2010, section 144E.001, subdivision 4a, is amended to read:

Subd. 4a.

Basic airway management.

"Basic airway management" means:

(1) resuscitation by mouth-to-mouth, mouth-to-mask, bag valve mask, or oxygen powered ventilators; or

(2) insertion of an oropharyngeal, nasal pharyngealdeleted text begin , esophageal obturator airwaydeleted text end , new text begin or new text end esophageal tracheal airwaydeleted text begin , or esophageal gastric tube airwaydeleted text end .

Sec. 4.

Minnesota Statutes 2010, section 144E.001, subdivision 4b, is amended to read:

Subd. 4b.

Basic life support.

"Basic life support" means rendering basic-level emergency care, including, but not limited to, basic airway management, cardiopulmonary resuscitation, controlling shock and bleeding, and splinting fractures, as outlined in the United States Department of Transportation emergency medical deleted text begin technician-basic curriculumdeleted text end new text begin technician education standardsnew text end or its equivalent, as approved by the board.

Sec. 5.

Minnesota Statutes 2010, section 144E.001, subdivision 5c, is amended to read:

Subd. 5c.

Emergency medical technician or EMT.

"Emergency medical technician" or "EMT" means a person who has successfully completed the United States Department of Transportation emergency medical deleted text begin technician-basicdeleted text end new text begin technician standardsnew text end course or its equivalent, as approved by the board, and has been issued valid certification by the board.

Sec. 6.

Minnesota Statutes 2010, section 144E.001, subdivision 5d, is amended to read:

Subd. 5d.

deleted text begin Emergency medical technician-intermediate or EMT-I. deleted text end new text begin Advanced emergency medical technician or AEMT. new text end

deleted text begin "Emergency medical technician-intermediate" or "EMT-I"deleted text end new text begin "Advanced emergency medical technician" or "AEMT"new text end means a person who has successfully completed the United States Department of Transportation deleted text begin emergency medical technician-intermediatedeleted text end new text begin advanced emergency medical technician standardsnew text end course or its equivalent, as approved by the board, and has been issued valid certification by the board.

Sec. 7.

Minnesota Statutes 2010, section 144E.001, subdivision 5e, is amended to read:

Subd. 5e.

deleted text begin Emergency medical technician-paramedic or EMT-Pdeleted text end new text begin Paramedicnew text end .

deleted text begin "Emergency medical technician-paramedic" or "EMT-P"deleted text end new text begin "Paramedic"new text end means a person who has successfully completed the United States Department of Transportation deleted text begin emergency medical technician course-paramedicdeleted text end new text begin paramedic coursenew text end or its equivalent, as approved by the board, and has been issued valid certification by the board.

Sec. 8.

Minnesota Statutes 2011 Supplement, section 144E.001, subdivision 5f, is amended to read:

Subd. 5f.

deleted text begin Emergency medical technician-Community Paramedic or EMT-CPdeleted text end new text begin Community paramedicnew text end .

deleted text begin "Emergency medical technician-Community Paramedic," "EMT-CP," or deleted text end "Community paramedic" means a person who is certified as deleted text begin an EMT-Pdeleted text end new text begin a paramedicnew text end and who meets the requirements for additional certification as deleted text begin an EMT-CPdeleted text end new text begin a community paramedicnew text end as specified in section 144E.28, subdivision 9.

Sec. 9.

Minnesota Statutes 2010, section 144E.001, is amended by adding a subdivision to read:

new text begin Subd. 5g. new text end

new text begin Emergency medical responder group. new text end

new text begin "Emergency medical responder group" means a group of certified or registered personnel who respond to medical emergencies and have a medical director. new text end

Sec. 10.

Minnesota Statutes 2010, section 144E.001, subdivision 6, is amended to read:

Subd. 6.

deleted text begin First responderdeleted text end new text begin Emergency medical responder or EMRnew text end .

deleted text begin "First responder"deleted text end new text begin "Emergency medical responder" or "EMR"new text end means an individual who is registered by the board to perform, at a minimum, basic emergency skills before the arrival of a licensed ambulance service, and is a member of an organized service recognized by a local political subdivision whose primary responsibility is to respond to medical emergencies to provide initial medical care before the arrival of a licensed ambulance servicenew text begin or is on the roster of a Minnesota licensed ambulance servicenew text end .

Sec. 11.

Minnesota Statutes 2010, section 144E.001, is amended by adding a subdivision to read:

new text begin Subd. 6a. new text end

new text begin In-service ambulance. new text end

new text begin "In-service ambulance" means the ambulance is licensed by the Minnesota Emergency Medical Services Regulatory Board and is in compliance with ambulance service requirements in chapter 144E and Minnesota Rules, chapter 4690. new text end

Sec. 12.

Minnesota Statutes 2010, section 144E.001, is amended by adding a subdivision to read:

new text begin Subd. 6b. new text end

new text begin Intravenous infusion. new text end

new text begin "Intravenous infusion" means the establishment of an intravenous line or interosseous access and administration of an intravenous fluid, other than blood, or intravenous fluids that have additives not for specific therapeutic purposes into a vein. new text end

Sec. 13.

Minnesota Statutes 2010, section 144E.001, is amended by adding a subdivision to read:

new text begin Subd. 6c. new text end

new text begin Intravenous therapy. new text end

new text begin "Intravenous therapy" means the administration of intravenous fluids, medications, and other substances designed for specific therapeutic response. new text end

Sec. 14.

Minnesota Statutes 2010, section 144E.001, is amended by adding a subdivision to read:

new text begin Subd. 6d. new text end

new text begin Level I trauma hospital. new text end

new text begin "Level I trauma hospital" means an adult or pediatric hospital located in the state of Minnesota that has been designated by the commissioner of health as meeting the criteria for level I designation according to section 144.605, subdivision 3. new text end

Sec. 15.

Minnesota Statutes 2010, section 144E.001, subdivision 11, is amended to read:

Subd. 11.

Program medical director.

"Program medical director" means a physician who is responsible for ensuring an accurate and thorough presentation of the medical content of an emergency care deleted text begin trainingdeleted text end new text begin educationnew text end program; certifying that each student has successfully completed the deleted text begin trainingdeleted text end new text begin educationnew text end course; and in conjunction with the program coordinator, planning the clinical training.

Sec. 16.

Minnesota Statutes 2010, section 144E.001, subdivision 14, is amended to read:

Subd. 14.

deleted text begin Trainingdeleted text end new text begin Educationnew text end program coordinator.

deleted text begin "Trainingdeleted text end new text begin "Educationnew text end program coordinator" means an individual who serves as the administrator of an emergency care deleted text begin trainingdeleted text end new text begin educationnew text end program and who is responsible for planning, conducting, and evaluating the program; selecting students and instructors; documenting and maintaining records; developing a curriculumnew text begin according to the National EMS Education Standards by the National Highway Transportation Safety Administration (NHTSA), United States Department of Transportationnew text end ; and assisting in the coordination of examination sessions and clinical training.

Sec. 17.

Minnesota Statutes 2010, 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 deleted text begin a first responderdeleted text end new text begin an emergency medical responder on or within a nontransporting or nonregistered agencynew text end and who is a member of a professional firefighter's union;

(5) a volunteer firefighter who serves as deleted text begin a first responderdeleted text end new text begin an emergency medical responder on or within a nontransporting or nonregistered agencynew text end ;

(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

(15) the commissioners of health and public safety or their designees.

(b) The governor shall appoint members under paragraph (a). Appointments undernew text begin paragraph (a),new text end clauses (1) to (9) and (11) to (13)new text begin ,new text end are subject to the advice and consent of the senate. In making appointments undernew text begin paragraph (a),new text end 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) At least seven members appointed under paragraph (a) must reside outside of the seven-county metropolitan area, as defined in section 473.121.

Sec. 18.

Minnesota Statutes 2010, section 144E.101, subdivision 2, is amended to read:

Subd. 2.

Patient care.

When a patient is being transported, at least one of the ambulance service personnel must be in the patient compartment. If advanced life-support procedures are required, deleted text begin an EMT-Pdeleted text end new text begin a paramedicnew text end , a registered nurse qualified under section 144E.001, subdivision 3a, clause (2), item (i), or a physician assistant qualified under section 144E.001, subdivision 3a, clause (3), item (i), shall be in the patient compartment.

Sec. 19.

Minnesota Statutes 2010, section 144E.101, subdivision 6, is amended to read:

Subd. 6.

Basic life support.

(a) Except as provided in paragraphs (e) and (f), a basic life-support ambulance shall be staffed by at least two EMTs, one of whom must accompany the patient and provide a level of care so as to ensure that:

(1) life-threatening situations and potentially serious injuries are recognized;

(2) patients are protected from additional hazards;

(3) basic treatment to reduce the seriousness of emergency situations is administered; and

(4) patients are transported to an appropriate medical facility for treatment.

(b) A basic life-support service shall provide basic airway management.

(c) A basic life-support service shall provide automatic defibrillationdeleted text begin , as provided in section 144E.103, subdivision 1, paragraph (b)deleted text end .

(d) A basic life-support service licensee's medical director may authorize deleted text begin thedeleted text end ambulance service personnel deleted text begin to carry and to use medical antishock trousers anddeleted text end to perform intravenous infusion deleted text begin if the ambulance service personnel have been properly traineddeleted text end new text begin and use equipment that is within the licensure level of the ambulance service. Ambulance service personnel must be properly trained. Documentation of authorization for use, guidelines for use, continuing education, and skill verification must be maintained in the licensee's filesnew text end .

(e) Upon application from an ambulance service that includes evidence demonstrating hardship, the board may grant a variance from the staff requirements in paragraph (a) and may authorize a basic life-support ambulance to be staffed by one EMT and one deleted text begin firstdeleted text end new text begin registered emergency medicalnew text end responder driver for all emergency ambulance calls and interfacility transfers. The variance shall apply to basic life-support ambulances operated by the ambulance service until the ambulance service renews its license. When a variance expires, an ambulance service may apply for a new variance under this paragraph. For purposes of this paragraph, "ambulance service" means either an ambulance service whose primary service area is mainly located outside the metropolitan counties listed in section 473.121, subdivision 4, and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St. Cloud; or an ambulance service based in a community with a population of less than 1,000.

(f) After an initial emergency ambulance call, each subsequent emergency ambulance response, until the initial ambulance is again available, and interfacility transfers, may be staffed by one registered deleted text begin firstdeleted text end new text begin emergency medicalnew text end responder driver and an EMT. The EMT must accompany the patient and provide the level of care required in paragraph (a). This paragraph applies only to an ambulance service whose primary service area is mainly located outside the metropolitan counties listed in section 473.121, subdivision 4, and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St. Cloud, or an ambulance based in a community with a population of less than 1,000 persons.

Sec. 20.

Minnesota Statutes 2010, section 144E.101, subdivision 7, is amended to read:

Subd. 7.

Advanced life support.

(a) Except as provided in paragraphs (f) and (g), an advanced life-support ambulance shall be staffed by at least:

(1) one EMT and one deleted text begin EMT-Pdeleted text end new text begin paramedicnew text end ;

(2) one EMT and one registered nurse who is an EMT, is currently practicing nursing, and has passed a paramedic practical skills test approved by the board and administered by deleted text begin a trainingdeleted text end new text begin an educationnew text end program; or

(3) one EMT and one physician assistant who is an EMT, is currently practicing as a physician assistant, and has passed a paramedic practical skills test approved by the board and administered by deleted text begin a trainingdeleted text end new text begin an educationnew text end program.

(b) An advanced life-support service shall provide basic life support, as specified under subdivision 6, paragraph (a), advanced airway management, manual defibrillation, and administration of intravenous fluids and pharmaceuticals.

(c) In addition to providing advanced life support, an advanced life-support service may staff additional ambulances to provide basic life support according to subdivision 6 and section 144E.103, subdivision 1.

(d) An ambulance service providing advanced life support shall have a written agreement with its medical director to ensure medical control for patient care 24 hours a day, seven days a week. The terms of the agreement shall include a written policy on the administration of medical control for the service. The policy shall address the following issues:

(1) two-way communication for physician direction of ambulance service personnel;

(2) patient triage, treatment, and transport;

(3) use of standing orders; and

(4) the means by which medical control will be provided 24 hours a day.

The agreement shall be signed by the licensee's medical director and the licensee or the licensee's designee and maintained in the files of the licensee.

(e) When an ambulance service provides advanced life support, the authority of deleted text begin an EMT-Pdeleted text end new text begin a paramedicnew text end , Minnesota registered nurse-EMT, or Minnesota registered physician assistant-EMT to determine the delivery of patient care prevails over the authority of an EMT.

(f) Upon application from an ambulance service that includes evidence demonstrating hardship, the board may grant a variance from the staff requirements in paragraph (a), clause (1), and may authorize an advanced life-support ambulance to be staffed by a deleted text begin first responderdeleted text end new text begin registered emergency medical respondernew text end driver with a paramedic for all emergency calls and interfacility transfers. The variance shall apply to advanced life-support ambulance services until the ambulance service renews its license. When the variance expires, an ambulance service may apply for a new variance under this paragraph. This paragraph applies only to an ambulance service whose primary service area is mainly located outside the metropolitan counties listed in section 473.121, subdivision 4, and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St. Cloud, or an ambulance based in a community with a population of less than 1,000 persons.

(g) After an initial emergency ambulance call, each subsequent emergency ambulance response, until the initial ambulance is again available, and interfacility transfers, may be staffed by one registered deleted text begin firstdeleted text end new text begin emergency medicalnew text end responder driver and an EMT or paramedic. This paragraph applies only to an ambulance service whose primary service area is mainly located outside the metropolitan counties listed in section 473.121, subdivision 4, and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St. Cloud, or an ambulance based in a community with a population of less than 1,000 persons.

Sec. 21.

Minnesota Statutes 2010, 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 deleted text begin EMT-Pdeleted text end new text begin paramedicnew text end , registered nursenew text begin -EMTnew text end , or physician assistantnew text begin -EMTnew text end . 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 or rotor-wing.

Sec. 22.

Minnesota Statutes 2010, section 144E.101, subdivision 10, is amended to read:

Subd. 10.

Driver.

A driver of an ambulance must possess a deleted text begin currentdeleted text end new text begin validnew text end driver's license issued by any state and must have attended an emergency vehicle driving course approved by the licensee. The emergency vehicle driving course must include actual driving experience.

Sec. 23.

Minnesota Statutes 2010, section 144E.101, subdivision 12, is amended to read:

Subd. 12.

Mutual aid agreement.

A licensee shall have a written agreement with at least one neighboring licensed ambulance service for deleted text begin coverage during times when the licensee's ambulances are not available for service in its primary service area. The agreement must specify the duties and responsibilities of the agreeing parties.deleted text end new text begin the preplanned and organized response of emergency medical services, and other emergency personnel and equipment, to a request for assistance in an emergency when local ambulance transport resources have been expended. The response is predicated upon formal agreements among participating ambulance services.new text end A copy of each mutual aid agreement shall be maintained in the files of the licensee.

Sec. 24.

Minnesota Statutes 2010, section 144E.103, is amended to read:

144E.103 EQUIPMENT.

Subdivision 1.

General requirements.

deleted text begin (a)deleted text end Every ambulance in service for patient care shall carry, at a minimum:

(1) oxygen;

(2) airway maintenance equipment in various sizes to accommodate all age groups;

(3) splinting equipment in various sizes to accommodate all age groups;

(4) dressings, bandages, new text begin commercially manufactured tourniquets, new text end and bandaging equipment;

(5) an emergency obstetric kit;

(6) equipment to determine vital signs in various sizes to accommodate all age groups;

(7) a stretcher;

(8) a defibrillator; and

(9) a fire extinguisher.

deleted text begin (b) A basic life-support service has until January 1, 2001, to equip each ambulance in service for patient care with a defibrillator. deleted text end

Subd. 2.

Advanced life-support requirements.

In addition to the requirements in subdivision 1, an ambulance used in providing advanced life support must carry drugs and drug administration equipment and supplies as approved by the licensee's medical director.

new text begin Subd. 2a. new text end

new text begin Maintenance, sanitation, and testing of equipment, supplies, and drugs. new text end

new text begin Equipment carried on every ambulance in service for patient care must be maintained in full operating condition. Patient care equipment, supplies, and drugs must be stored and maintained within manufacturer's recommendations and: new text end

new text begin (1) all equipment and supplies must be maintained in full operating condition and in good repair; new text end

new text begin (2) all equipment, supplies, and containers used for storage of equipment or supplies must be kept clean so as to be free from dirt, grease, and other offensive matter; new text end

new text begin (3) sheets and pillowcases must be changed after each use; new text end

new text begin (4) single-service equipment and supplies must be wrapped, stored, and handled so as to prevent contamination and must be disposed of after use; new text end

new text begin (5) reusable equipment and supplies must be cleaned after each use so as to be free from dirt, grease, and other offensive matter; new text end

new text begin (6) equipment and supplies, soiled or otherwise not free from dirt, grease, and other offensive matter, must be kept in plastic bags or securely covered containers until disposed of or prepared for reuse; and new text end

new text begin (7) procedures for the periodic performance testing of mechanical equipment must be developed, maintained, and followed; and records of performance testing must be kept in the licensee's files. Testing must occur within the manufacturer's recommendations. new text end

Subd. 3.

Storage.

All equipment carried in an ambulance must be securely stored.

Subd. 4.

Safety restraints.

An ambulance must be equipped with safety strapsnew text begin , including shoulder harnesses,new text end for the stretcher and seat belts in the patient compartment for the patient and ambulance personnel.

new text begin Subd. 5. new text end

new text begin Communication equipment. new text end

new text begin An ambulance must be equipped with a two-way radio that is programmed and operating according to the most recent version of the statewide radio board shared radio and communication plan or its equivalent as determined by the Emergency Medical Services Regulatory Board. new text end

Sec. 25.

Minnesota Statutes 2010, section 144E.127, subdivision 2, is amended to read:

Subd. 2.

Interfacility transfers.

In an interfacility transport, a licensee whose primary service area is located outside the metropolitan counties listed in section 473.121, subdivision 4, and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St. Cloud; or an ambulance service based in a community with a population of less than 1,000, may substitute one EMT with a registered deleted text begin firstdeleted text end new text begin emergency medicalnew text end responder if an EMT or deleted text begin EMT- paramedicdeleted text end new text begin paramedicnew text end , physician, registered nurse, or physician's assistant is in the patient compartment. If using a physician, registered nurse, or physician's assistant as the sole provider in the patient compartment, the individual must be trained to use the equipment in the ambulance and be knowledgeable of the ambulance service protocols.

Sec. 26.

Minnesota Statutes 2010, 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 deleted text begin trainingdeleted text end new text begin educationnew text end 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 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. 27.

Minnesota Statutes 2010, section 144E.27, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Trainingdeleted text end new text begin Educationnew text end programs.

new text begin (a) new text end Curriculum for initial and refresher deleted text begin trainingdeleted text end new text begin educationnew text end programs must meet deleted text begin the current standards ofdeleted text end the United States Department of Transportation deleted text begin first responder curriculumdeleted text end new text begin emergency medical responder education standardsnew text end or its equivalent as determined by the board. deleted text begin A trainingdeleted text end new text begin An education new text end program instructor must be deleted text begin a firstdeleted text end new text begin an emergency medicalnew text end responder, EMT, deleted text begin EMT-I, EMT-Pdeleted text end new text begin AEMT, paramedicnew text end , physician, physician assistant, or registered nurse.

new text begin (b) The National EMS Education Standards by the NHTSA, United States Department of Transportation contains the minimal entry level of knowledge and skills for emergency medical responders. Medical directors of emergency medical responder groups may expand the knowledge and skill set. new text end

Sec. 28.

Minnesota Statutes 2010, section 144E.27, subdivision 2, is amended to read:

Subd. 2.

Registration.

To be eligible for registration with the board as deleted text begin a firstdeleted text end new text begin an emergency medical new text end responder, an individual shall complete a board-approved application form and:

(1) successfully complete a board-approved initial deleted text begin firstdeleted text end new text begin emergency medicalnew text end responder deleted text begin trainingdeleted text end new text begin educationnew text end program. Registration under this clause is valid for two years and expires deleted text begin at the end of the month in which the registration was issueddeleted text end new text begin on October 31new text end ; or

(2) be credentialed as deleted text begin a firstdeleted text end new text begin an emergency medicalnew text end responder by the National Registry of Emergency Medical Technicians. Registration under this clause expires the same day as the National Registry credential.

Sec. 29.

Minnesota Statutes 2010, section 144E.27, is amended by adding a subdivision to read:

new text begin Subd. 2a. new text end

new text begin Registration dates. new text end

new text begin Registration expiration dates are as follows: new text end

new text begin (1) for initial registration granted between January 1 and June 30 of an even-numbered year, the expiration date is October 31 of the next even-numbered year; new text end

new text begin (2) for initial registration granted between July 1 and December 31 of an even-numbered year, the expiration date is October 31 of the second odd-numbered year; new text end

new text begin (3) for initial registration granted between January 1 and June 30 of an odd-numbered year, the expiration date is October 31 of the next odd-numbered year; and new text end

new text begin (4) for initial registration granted between July 1 and December 31 of an odd-numbered year, the expiration date is October 31 of the second even-numbered year. new text end

Sec. 30.

Minnesota Statutes 2010, section 144E.27, subdivision 3, is amended to read:

Subd. 3.

Renewal.

(a) The board may renew the registration of deleted text begin a firstdeleted text end new text begin an emergency medicalnew text end responder who:

(1) successfully completes a board-approved refresher course; and

(2) submits a completed renewal application to the board before the registration expiration date.

(b) The board may renew the lapsed registration of deleted text begin a firstdeleted text end new text begin an emergency medicalnew text end responder who:

(1) successfully completes a board-approved refresher course; and

(2) submits a completed renewal application to the board within 12 months after the registration expiration date.

Sec. 31.

Minnesota Statutes 2010, section 144E.27, subdivision 5, is amended to read:

Subd. 5.

Denial, suspension, revocation.

(a) The board may deny, suspend, revoke, place conditions on, or refuse to renew the registration of an individual who the board determines:

(1) violates sections 144E.001 to 144E.33 or the rules adopted under those sectionsnew text begin , an agreement for corrective action, or an order that the board issued or is otherwise empowered to enforcenew text end ;

(2) misrepresents or falsifies information on an application form for registration;

(3) is convicted or pleads guilty or nolo contendere to any felony; any gross misdemeanor relating to assault, sexual misconduct,new text begin theft,new text end or the illegal use of drugs or alcohol; or any misdemeanor relating tonew text begin assault, new text end sexual misconductnew text begin , theft,new text end 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; deleted text begin ordeleted text end

(6) maltreats or abandons a patientdeleted text begin .deleted text end new text begin ;new text end

new text begin (7) violates any state or federal controlled substance law; new text end

new text begin (8) engages in unprofessional conduct or any other conduct which has the potential for causing harm to the public, including any departure from or failure to conform to the minimum standards of acceptable and prevailing practice without actual injury having to be established; new text end

new text begin (9) provides emergency medical services under lapsed or nonrenewed credentials; new text end

new text begin (10) is subject to a denial, corrective, disciplinary, or other similar action in another jurisdiction or by another regulatory authority; new text end

new text begin (11) engages in conduct with a patient that is sexual or may reasonably be interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning to a patient; or new text end

new text begin (12) makes a false statement or knowingly provides false information to the board, or fails to cooperate with an investigation of the board as required by section 144E.30. new text end

(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.

(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 registration for disciplinary action, the individual shall have the opportunity to apply to the board for reinstatement.

Sec. 32.

Minnesota Statutes 2010, section 144E.275, subdivision 3, is amended to read:

Subd. 3.

Medical response unit qualifications.

To be registered with the board, a medical response unit must:

(1) submit an application form prescribed by the board;

(2) have a medical director according to section 144E.265;

(3) be staffed by at least one deleted text begin firstdeleted text end new text begin emergency medicalnew text end responder or one emergency medical technician, as appropriate to the level of care given;

(4) submit a letter from the appropriate municipality, township, or county governing body recognizing the medical response unit as the unit in its geographical area designated to respond to a medical emergency; and

(5) be dispatched to the scene of a medical emergency on a routine basis by a public safety answering point, as defined under section 403.02, subdivision 19, or an ambulance service.

Sec. 33.

Minnesota Statutes 2010, section 144E.28, subdivision 1, is amended to read:

Subdivision 1.

Requirements.

To be eligible for certification by the board as an EMT, deleted text begin EMT-I, or EMT-Pdeleted text end new text begin AEMT, or paramedicnew text end , an individual shall:

(1) successfully complete the United States Department of Transportation course, or its equivalent as approved by the board, specific to the EMT, deleted text begin EMT-I, or EMT-Pdeleted text end new text begin AEMT, or paramedicnew text end classification;

(2) pass the written and practical examinations approved by the board and administered by the board or its designee, specific to the EMT, deleted text begin EMT-I, or EMT-Pdeleted text end new text begin AEMT, or paramedic new text end classification; and

(3) complete a board-approved application form.

Sec. 34.

Minnesota Statutes 2010, 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 sectionsnew text begin , or an order that the board issued or is otherwise authorized or empowered to enforce, or agreement for corrective actionnew text end ;

(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,new text begin theft,new text end or the illegal use of drugs or alcohol; or any misdemeanor relating tonew text begin assault,new text end sexual misconductnew text begin , theft,new text end 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; deleted text begin ordeleted text end

(6) maltreats or abandons a patientdeleted text begin .deleted text end new text begin ;new text end

new text begin (7) violates any state or federal controlled substance law; new text end

new text begin (8) engages in unprofessional conduct or any other conduct which has the potential for causing harm to the public, including any departure from or failure to conform to the minimum standards of acceptable and prevailing practice without actual injury having to be established; new text end

new text begin (9) provides emergency medical services under lapsed or nonrenewed credentials; new text end

new text begin (10) is subject to a denial, corrective, disciplinary, or other similar action in another jurisdiction or by another regulatory authority; new text end

new text begin (11) engages in conduct with a patient that is sexual or may reasonably be interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning to a patient; or new text end

new text begin (12) makes a false statement or knowingly provides false information to the board or fails to cooperate with an investigation of the board as required by section 144E.30. new text end

(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. 35.

Minnesota Statutes 2010, 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;

(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 deleted text begin Standard Curriculumdeleted text end new text begin EMS Education Standards new text end 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 deleted text begin a trainingdeleted text end new text begin an education new text end 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 requirementsdeleted text begin . Twenty-four of the 48 hours must include at least four hours of instruction in each of the following six categories:deleted text end new text begin ; andnew text end

deleted text begin (i) airway management and resuscitation procedures; deleted text end

deleted text begin (ii) circulation, bleeding control, and shock; deleted text end

deleted text begin (iii) human anatomy and physiology, patient assessment, and medical emergencies; deleted text end

deleted text begin (iv) injuries involving musculoskeletal, nervous, digestive, and genito-urinary systems; deleted text end

deleted text begin (v) environmental emergencies and rescue techniques; and deleted text end

deleted text begin (vi) emergency childbirth and other special situations; and deleted text end

(3) complete a board-approved application form.

(b) Before the expiration date of certification, an applicant for renewal of certification as an deleted text begin EMT-I or EMT-Pdeleted text end new text begin AEMT or paramedicnew text end shall:

(1) for an deleted text begin EMT-Ideleted text end new text begin AEMTnew text end , successfully complete a course in cardiopulmonary resuscitation that is approved by the board or the licensee's medical director and for deleted text begin an EMT-Pdeleted text end new text begin a paramedicnew text end , successfully complete a course in advanced cardiac life support that is approved by the board or the licensee's medical director;

(2) successfully complete 48 hours of continuing education in emergency medical training programs, appropriate to the level of the applicant's deleted text begin EMT-I or EMT-Pdeleted text end new text begin AEMT or paramedicnew text end certification, that are consistent with the United States Department of Transportation National deleted text begin Standard Curriculumdeleted text end new text begin EMS Education Standardsnew text end 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; and

(3) complete a board-approved application form.

(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. 36.

Minnesota Statutes 2011 Supplement, section 144E.28, subdivision 9, is amended to read:

Subd. 9.

Community paramedics.

(a) To be eligible for certification by the board as deleted text begin an EMT-CPdeleted text end new text begin a community paramedicnew text end , an individual shall:

(1) be currently certified as deleted text begin an EMT-Pdeleted text end new text begin a paramedicnew text end and have two years of full-time service as deleted text begin an EMT-Pdeleted text end new text begin a paramedicnew text end or its part-time equivalent;

(2) successfully complete a community paramedic deleted text begin trainingdeleted text end new text begin educationnew text end program from a college or university that has been approved by the board or accredited by a board-approved national accreditation organization. The deleted text begin trainingdeleted text end new text begin educationnew text end program must include clinical experience that is provided under the supervision of an ambulance medical director, advanced practice registered nurse, physician assistant, or public health nurse operating under the direct authority of a local unit of government; and

(3) complete a board-approved application form.

(b) A community paramedic must practice in accordance with protocols and supervisory standards established by an ambulance service medical director in accordance with section 144E.265. A community paramedic may provide services as directed by a patient care plan if the plan has been developed by the patient's primary physician or by an advanced practice registered nurse or a physician assistant, in conjunction with the ambulance service medical director and relevant local health care providers. The care plan must ensure that the services provided by the community paramedic are consistent with the services offered by the patient's health care home, if one exists, that the patient receives the necessary services, and that there is no duplication of services to the patient.

(c) A community paramedic is subject to all certification, disciplinary, complaint, and other regulatory requirements that apply to deleted text begin EMT-Psdeleted text end new text begin paramedicsnew text end under this chapter.

Sec. 37.

Minnesota Statutes 2010, section 144E.283, is amended to read:

144E.283 deleted text begin EMTdeleted text end INSTRUCTOR QUALIFICATIONS.

new text begin (a) new text end An emergency medical technician instructor must:

(1) possess valid certification, registration, or licensure as an EMT, deleted text begin EMT-1, EMT-Pdeleted text end new text begin AEMT, paramedicnew text end , physician, physician's assistant, or registered nurse;

(2) have two years of active emergency medical practical experience;

(3) be recommended by a medical director of a licensed hospital, ambulance service, or deleted text begin trainingdeleted text end new text begin educationnew text end program approved by the board; deleted text begin anddeleted text end

(4) successfully complete the United States Department of Transportation Emergency Medical Services Instructor deleted text begin Trainingdeleted text end new text begin Educationnew text end Program or its equivalent as approved by the boarddeleted text begin .deleted text end new text begin ; andnew text end

new text begin (5) complete eight hours of continuing education in educational topics every two years, with documentation filed with the education program coordinator. new text end

new text begin (b) An emergency medical responder instructor must possess valid registration, certification, or licensure as an EMR, EMT, AEMT, paramedic, physician, physician assistant, or registered nurse. new text end

Sec. 38.

Minnesota Statutes 2010, section 144E.285, is amended to read:

144E.285 deleted text begin TRAININGdeleted text end new text begin EDUCATIONnew text end PROGRAMS.

Subdivision 1.

Approval required.

(a) All deleted text begin trainingdeleted text end new text begin educationnew text end programs for an EMT, deleted text begin EMT-I, or EMT-Pdeleted text end new text begin AEMT, or paramedicnew text end must be approved by the board.

(b) To be approved by the board, deleted text begin a trainingdeleted text end new text begin an educationnew text end 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 deleted text begin trainingdeleted text end new text begin educationnew text end coordinator, and 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 deleted text begin curriculumdeleted text end new text begin EMS Education Standards, new text end or its equivalent as determined by the board applicable to EMT, deleted text begin EMT-I, or EMT-P trainingdeleted text end new text begin AEMT, or paramedic educationnew text end ;

(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 deleted text begin trainingdeleted text end new text begin educationnew text end 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;

(9) submit the appropriate fee as required under section 144E.29; and

(10) maintain a minimum average yearly pass rate deleted text begin on the state EMT certification exam that is equal to the national average pass rate on the certification examdeleted text end new text begin as set by the board on an annual basisnew text end . The pass rate will be determined by the percent of candidates who pass the exam on the first attempt. deleted text begin A trainingdeleted text end new text begin An educationnew text end program not meeting this yearly standard shall be placed on probation and shall be on a performance improvement plan approved by the board until meeting the pass rate standard. While on probation, the deleted text begin trainingdeleted text end new text begin educationnew text end program may continue providing classes if meeting the terms of the performance improvement plan as determined by the board. If deleted text begin a trainingdeleted text end new text begin an educationnew text end program having probation status fails to meet the pass rate standard after two years in which an EMT initial course has been taught, the board may take disciplinary action under subdivision 5.

Subd. 2.

deleted text begin EMT-Pdeleted text end new text begin Paramedicnew text end requirements.

(a) In addition to the requirements under subdivision 1, paragraph (b), deleted text begin a trainingdeleted text end new text begin an educationnew text end program applying for approval to teach deleted text begin EMT-P curriculumdeleted text end new text begin paramedicsnew text end must be administered by an educational institution accredited by the Commission of Accreditation of Allied Health Education Programs (CAAHEP).

(b) deleted text begin An EMT-P trainingdeleted text end new text begin A paramedic educationnew text end program that is administered by an educational institution not accredited by CAAHEP, but that is in the process of completing the accreditation process, may be granted provisional approval by the board upon verification of submission of its self-study report and the appropriate review fee to CAAHEP.

(c) An educational institution that discontinues its participation in the accreditation process must notify the board immediately and provisional approval shall be withdrawn.

(d) This subdivision does not apply to deleted text begin an EMT-P trainingdeleted text end new text begin a paramedic educationnew text end program when the program is operated by an advanced life-support ambulance service licensed by the Emergency Medical Services Regulatory Board under this chapter, and the ambulance service meets the following criteria:

(1) covers a rural primary service area that does not contain a hospital within the primary service area or contains a hospital within the primary service area that has been designated as a critical access hospital under section 144.1483, clause (11);

(2) has tax-exempt status in accordance with the Internal Revenue Code, section 501(c)(3);

(3) received approval before 1991 from the commissioner of health to operate deleted text begin an EMT-P trainingdeleted text end new text begin a paramedic educationnew text end program;

(4) operates the deleted text begin EMT-P trainingdeleted text end new text begin paramedic educationnew text end program exclusively to train paramedics for the local ambulance service; and

(5) limits enrollment in the deleted text begin EMT-P trainingdeleted text end new text begin paramedicnew text end program to five candidates per biennium.

Subd. 3.

Expiration.

deleted text begin Trainingdeleted text end new text begin Educationnew text end program approval shall expire two years from the date of approval.

Subd. 4.

Reapproval.

deleted text begin A trainingdeleted text end new text begin An educationnew text end 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 (9).

Subd. 5.

Disciplinary action.

(a) The board may deny, suspend, revoke, place conditions on, or refuse to renew approval of deleted text begin a trainingdeleted text end new text begin an educationnew text end program that the board determines:

(1) violated subdivisions 1 to 4 or rules adopted under sections 144E.001 to 144E.33; or

(2) misrepresented or falsified information on an application form provided by the board.

(b) Before taking action under paragraph (a), the board shall give notice to deleted text begin a trainingdeleted text end new text begin an educationnew text end program of the right to a contested case hearing under chapter 14. If deleted text begin a trainingdeleted text end new text begin an educationnew text end program requests a contested case hearing within 30 days after receiving notice, the board shall initiate a contested case hearing according to chapter 14.

(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 approval of deleted text begin a trainingdeleted text end new text begin an educationnew text end program for disciplinary action, the deleted text begin trainingdeleted text end new text begin educationnew text end program shall have the opportunity to apply to the board for reapproval.

Subd. 6.

Temporary suspension.

(a) In addition to any other remedy provided by law, the board may temporarily suspend approval of the deleted text begin trainingdeleted text end new text begin educationnew text end program after conducting a preliminary inquiry to determine whether the board believes that the deleted text begin trainingdeleted text end new text begin educationnew text end program has violated a statute or rule that the board is empowered to enforce and determining that the continued provision of service by the deleted text begin trainingdeleted text end new text begin educationnew text end program would create an imminent risk to public health or harm to others.

(b) A temporary suspension order prohibiting the deleted text begin trainingdeleted text end new text begin educationnew text end program from providing emergency medical care training shall give notice of the right to a preliminary hearing according to paragraph (d) and shall state the reasons for the entry of the temporary suspension order.

(c) Service of a temporary suspension order is effective when the order is served on the deleted text begin trainingdeleted text end new text begin educationnew text end program personally or by certified mail, which is complete upon receipt, refusal, or return for nondelivery to the most recent address provided to the board for the deleted text begin trainingdeleted text end new text begin educationnew text end program.

(d) At the time the board issues a temporary suspension order, the board shall schedule a hearing, to be held before a group of its members designated by the board, that shall begin within 60 days after issuance of the temporary suspension order or within 15 working days of the date of the board's receipt of a request for a hearing from the deleted text begin trainingdeleted text end new text begin educationnew text end program, whichever is sooner. The hearing shall be on the sole issue of whether there is a reasonable basis to continue, modify, or lift the temporary suspension. A hearing under this paragraph is not subject to chapter 14.

(e) Evidence presented by the board or the individual may be in the form of an affidavit. The deleted text begin trainingdeleted text end new text begin educationnew text end program or counsel of record may appear for oral argument.

(f) Within five working days of the hearing, the board shall issue its order and, if the suspension is continued, notify the deleted text begin trainingdeleted text end new text begin educationnew text end program of the right to a contested case hearing under chapter 14.

(g) If deleted text begin a trainingdeleted text end new text begin an educationnew text end program requests a contested case hearing within 30 days of receiving notice under paragraph (f), the board shall initiate a contested case hearing according to chapter 14. The administrative law judge shall issue a report and recommendation within 30 days after the closing of the contested case hearing record. The board shall issue a final order within 30 days after receipt of the administrative law judge's report.

Subd. 7.

Audit.

The board may audit deleted text begin trainingdeleted text end new text begin educationnew text end programs approved by the board. The audit may include, but is not limited to, investigation of complaints, course inspection, classroom observation, review of instructor qualifications, and student interviews.

Sec. 39.

Minnesota Statutes 2010, section 144E.286, subdivision 3, is amended to read:

Subd. 3.

Examiner qualifications.

An examiner testing EMT, deleted text begin EMT-I, or EMT-Pdeleted text end new text begin AEMT, or paramedicnew text end practical skills must be certified at or above the level the examiner is testing or must be a registered nurse, physician, or physician assistantnew text begin familiar with current out-of-hospital carenew text end . A physician must be available to answer questions relating to the evaluation of skill performance at the deleted text begin EMT-I and EMT-Pdeleted text end new text begin AEMT and paramedicnew text end practical examination.

Sec. 40.

Minnesota Statutes 2010, 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 $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 deleted text begin a trainingdeleted text end new text begin an educationnew text end program, $100; and

(4) duplicate of an original license, certification, or approval, $25.

(b) With the exception of paragraph (a), clause (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 general fund.

Sec. 41.

Minnesota Statutes 2010, section 144E.30, subdivision 3, is amended to read:

Subd. 3.

Cooperation during investigation.

A licensee, person credentialed by the board, deleted text begin trainingdeleted text end new text begin educationnew text end program approved by the board, or agent of one who is the subject of an investigation or who is questioned in connection with an investigation by or on behalf of the board shall cooperate fully with the investigation. Cooperation includes responding fully and promptly to any question raised by or on behalf of the board relating to the subject of the investigation, executing all releases requested by the board, providing copies of ambulance service records, as reasonably requested by the board to assist it in its investigation, and appearing at conferences or hearings scheduled by the board. The board shall pay reasonable costs for copies requested.

Sec. 42.

Minnesota Statutes 2010, section 144E.305, subdivision 2, is amended to read:

Subd. 2.

Mandatory reporting.

(a) A licensee shall report to the board conduct by deleted text begin a firstdeleted text end new text begin an emergency medicalnew text end responder, EMT, deleted text begin EMT-I, or EMT-Pdeleted text end new text begin AEMT, or paramedicnew text end 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 deleted text begin a firstdeleted text end new text begin an emergency medical new text end responder, EMT, deleted text begin EMT-I, or EMT-Pdeleted text end new text begin AEMT, or paramedicnew text end . A licensee shall report the resignation of deleted text begin a first responderdeleted text end new text begin an emergency medical respondernew text end , EMT, deleted text begin EMT-I, or EMT-Pdeleted text end new text begin AEMT, or paramedicnew text end before the conclusion of any disciplinary proceeding or before commencement of formal charges but after the deleted text begin firstdeleted text end new text begin emergency medical new text end responder, EMT, deleted text begin EMT-I, or EMT-Pdeleted text end new text begin AEMT, or paramedicnew text end 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. 43.

Minnesota Statutes 2010, section 144E.31, is amended to read:

144E.31 CORRECTION ORDER AND FINES.

Subdivision 1.

Correction order.

(a) If the board finds that a licensee or deleted text begin trainingdeleted text end new text begin educationnew text end program has failed to comply with an applicable law or rule and the violation does not imminently endanger the public's health or safety, the board may issue a correction order to the licensee or deleted text begin trainingdeleted text end new text begin educationnew text end program.

(b) The correction order shall state:

(1) the conditions that constitute a violation of the law or rule;

(2) the specific law or rule violated; and

(3) the time allowed to correct the violation.

Subd. 2.

Reconsideration.

(a) If the licensee or deleted text begin trainingdeleted text end new text begin educationnew text end program believes that the contents of the board's correction order are in error, the licensee or deleted text begin trainingdeleted text end new text begin educationnew text end program may ask the board to reconsider the parts of the correction order that are alleged to be in error.

(b) The request for reconsideration must:

(1) be in writing;

(2) be delivered by certified mail;

(3) specify the parts of the correction order that are alleged to be in error;

(4) explain why they are in error; and

(5) include documentation to support the allegation of error.

(c) A request for reconsideration does not stay any provision or requirement of the correction order. The board's disposition of a request for reconsideration is final and not subject to appeal under chapter 14.

Subd. 3.

Fine.

(a) The board may order a fine concurrently with the issuance of a correction order, or after the licensee or deleted text begin trainingdeleted text end new text begin educationnew text end program has not corrected the violation within the time specified in the correction order.

(b) A licensee or deleted text begin trainingdeleted text end new text begin educationnew text end program that is ordered to pay a fine shall be notified of the order by certified mail. The notice shall be mailed to the address shown on the application or the last known address of the licensee or deleted text begin trainingdeleted text end new text begin educationnew text end program. The notice shall state the reasons the fine was ordered and shall inform the licensee or training program of the right to a contested case hearing under chapter 14.

(c) A licensee or deleted text begin trainingdeleted text end new text begin educationnew text end program may appeal the order to pay a fine by notifying the board by certified mail within 15 calendar days after receiving the order. A timely appeal shall stay payment of the fine until the board issues a final order.

(d) A licensee or deleted text begin trainingdeleted text end new text begin educationnew text end program shall pay the fine assessed on or before the payment date specified in the board's order. If a licensee or deleted text begin trainingdeleted text end new text begin educationnew text end program fails to fully comply with the order, the board shall suspend the license or cancel approval until there is full compliance with the order.

(e) Fines shall be assessed as follows:

(1) $150 for violation of section 144E.123;

(2) $400 for violation of sections 144E.06, 144E.07, 144E.101, 144E.103, 144E.121, 144E.125, 144E.265, 144E.285, and 144E.305;

(3) $750 for violation of rules adopted under section 144E.16, subdivision 4, clause (8); and

(4) $50 for violation of all other sections under this chapter or rules adopted under this chapter that are not specifically enumerated in clauses (1) to (3).

(f) Fines collected by the board shall be deposited as nondedicated receipts in the general fund.

Subd. 4.

Additional penalties.

This section does not prohibit the board from suspending, revoking, placing conditions on, or refusing to renew a licensee's license or deleted text begin a trainingdeleted text end new text begin an educationnew text end program's approval in addition to ordering a fine.

Sec. 44.

Minnesota Statutes 2010, section 144E.32, subdivision 2, is amended to read:

Subd. 2.

Review organization defined.

A review organization, as defined under section 145.61, includes a committee of an ambulance service provider, a physician medical director, a medical advisor, or ambulance supervisory personnel who gather, create, and review information relating to the care and treatment of patients in providing emergency medical care, including employee performance reviews, quality assurance data, and other ambulance service or deleted text begin firstdeleted text end new text begin emergency medicalnew text end responder performance data for ambulance services licensed under section 144E.10 or 144E.12 or deleted text begin firstdeleted text end new text begin emergency medicalnew text end responders registered under section 144E.27, for the purposes specified under section 145.61, subdivision 5.

Sec. 45.

Minnesota Statutes 2010, section 144E.35, subdivision 1, is amended to read:

Subdivision 1.

Repayment for volunteer deleted text begin trainingdeleted text end new text begin educationnew text end .

A licensed ambulance service shall be reimbursed by the board for the necessary expense of the initial deleted text begin trainingdeleted text end new text begin educationnew text end of a volunteer ambulance attendant upon successful completion by the attendant of deleted text begin a basic emergency caredeleted text end new text begin an EMT educationnew text end course, or a continuing education course for deleted text begin basic emergencydeleted text end new text begin EMTnew text end care, or both, which has been approved by the board, pursuant to section 144E.285. Reimbursement may include tuition, transportation, food, lodging, hourly payment for the time spent in the deleted text begin trainingdeleted text end new text begin educationnew text end course, and other necessary expenditures, except that in no instance shall a volunteer ambulance attendant be reimbursed more than $600 for successful completion of deleted text begin a basicdeleted text end new text begin an initial educationnew text end course, and $275 for successful completion of a continuing education course.

Sec. 46.

Minnesota Statutes 2010, section 144E.41, is amended to read:

144E.41 PROGRAM ELIGIBILITY; QUALIFIED AMBULANCE SERVICE PERSONNEL.

(a) Persons eligible to participate in the Cooper/Sams volunteer ambulance 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 residentsdeleted text begin , as verified by August 1 annually in an affidavit from the chief administrative officer of the ambulance servicedeleted text end ;

(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 persondeleted text begin , as verified by August 1 annually in an affidavit from the chief administrative officer of the ambulance servicedeleted text end ; 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 $6,000 for calendar year 2004, and $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, 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) 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.

new text begin (e) Verification of the person's performance and certification for the 12 months immediately preceding June 30 as required in paragraph (b), clauses (2) and (3), must be reported annually to the board by August 1 in a notarized affidavit from the chief administrative officer of the ambulance service. Affidavits verifying service submitted to the board after August 1 shall not be considered as credited ambulance service for purposes of section 144E.46, unless specifically authorized by law. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 47.

Minnesota Statutes 2010, section 144E.52, is amended to read:

144E.52 FUNDING FOR EMERGENCY MEDICAL SERVICES REGIONS.

The Emergency Medical Services Regulatory Board shall distribute funds appropriated from the general fund equally among the emergency medical service regions. Each regional board may use this money to reimburse eligible emergency medical services personnel for continuing education costs related to emergency care that are personally incurred and are not reimbursed from other sources. Eligible emergency medical services personnel include, but are not limited to, dispatchers, emergency room physicians, emergency room nurses, deleted text begin firstdeleted text end new text begin emergency medicalnew text end responders, emergency medical technicians, and paramedics.

Sec. 48.

new text begin COOPER/SAMS VOLUNTEER AMBULANCE PROGRAM SERVICE CREDIT REPORTING. new text end

new text begin (a) The Emergency Medical Services Regulatory Board shall accept verification of service that was performed by qualified ambulance service personnel as described in Minnesota Statutes, section 144E.41, during the 12 months immediately preceding June 30, 2010, in the form of a notarized affidavit from the chief administrative officer of the ambulance service. If a notarized affidavit is submitted to the board by August 1, 2012, verifying service performed during this time period, the board shall add the applicable service credits to the record of potential award accumulations for each qualified ambulance service person according to Minnesota Statutes, section 144E.45. new text end

new text begin (b) Notwithstanding Minnesota Statutes, section 144E.46, if a qualified ambulance service person affected by paragraph (a) applied for and received a Cooper/Sams volunteer ambulance award in fiscal year 2011, the board shall pay the person for the added service credits verified according to paragraph (a) as part of the awards paid out in fiscal year 2012. This payment shall be made before any other award amount. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 49.

new text begin REVISOR INSTRUCTION. new text end

new text begin The revisor of statutes shall substitute the words "physician assistant" for the words "physician's assistant" wherever found in Minnesota Statutes, chapter 144E. new text end

Sec. 50.

new text begin REPEALER. new text end

new text begin Minnesota Rules, parts 4690.0100, subparts 16 and 17; and 4690.1400, new text end new text begin are repealed. new text end

Presented to the governor April 17, 2012

Signed by the governor April 18, 2012, 01:58 p.m.

Official Publication of the State of Minnesota
Revisor of Statutes