23 LC 39 3601
S. B. 16
- 1 -
Senate Bill 16
By: Senators Albers of the 56th, Watson of the 1st, Hufstetler of the 52nd, Still of the 48th,
Kirkpatrick of the 32nd and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to
1
emergency medical services, so as to amend provisions relative to the Emergency Medical2
Systems Communications Program administered by the Department of Public Health; to3
provide for legislative findings, determinations, and declarations; to authorize local entities4
to establish boundaries for the provision of emergency medical services; to provide for5
definitions; to provide for a short title; to provide for related matters; to provide for an6
effective date; to repeal conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
This Act shall be known and may be cited as the "Georgia EMS Reform Act."10
SECTION 2.11
Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency12
medical services, is amended by revising Code Section 31-11-1, relating to findings and13
declaration of policy, as follows:14 23 LC 39 3601
S. B. 16
- 2 -
"31-11-1.
15
(a) The General Assembly finds and determines:16
(1) That the furnishing of emergency medical services is a matter of substantial17
importance to the people of this state;18
(2) That the cost and quality of emergency medical services are matters within the public19
interest;20
(3) That it is highly desirable for the state to participate in emergency medical systems21
communications programs established pursuant to Public Law 93-154, entitled the22
Emergency Medical Services Systems Act of 1973;23
(4) That the administration of an emergency medical systems communications program24
should be the responsibility of the Department of Public Health, acting upon the25
recommendations of the local entity which coordinates the program; all
ambulance26
services shall be a part of this system even if this system is the 9-1-1 emergency27
telephone number; provided, however, that local governing bodies capable of28
coordinating ambulance services and related communications should be empowered to29
do so;30
(5) That an emergency medical systems communications program in a health district or31
a service area established by local governing bodies through contract, memorandum of32
understanding, or other appropriate instrument should be operated as economically and33
efficiently as possible to serve the public welfare and, to achieve this goal, should involve34
the designation of geographical territories to be serviced by participating ambulance35
providers and should involve an economic and efficient procedure to distribute36
emergency calls among participating ambulance providers serving the same health district37
or locally established service area; and38
(6) Any first responder falls under the department's rules and regulations governing39
ambulances and can transport only in life-threatening situations or by orders of a licensed40
physician or when a licensed ambulance cannot respond.41 23 LC 39 3601
S. B. 16
- 3 -
(b) The General Assembly therefore declares that, in the exercise of the sovereign powers
42
of the state to safeguard and protect the public health and general well-being of its citizens,43
it is the public policy of this state to encourage, foster, and promote emergency medical44
systems communications programs and that such programs shall be accomplished
in a45
manner that is coordinated, orderly, economical, and without unnecessary duplication of46
services and facilities. The General Assembly recognizes the importance of local control47
relating to the provision of timely and adequate emergency medical services to residents."48
SECTION 3.49
Said title is further amended in Code Section 31-11-2, relating to definitions relating to50
emergency medical services, by revising paragraphs (7) and (15) and adding a new paragraph51
to read as follows:52
"(7) 'Emergency medical services system' means a system within territories designated53
by the department or in locally established service areas which provides for the54
arrangement of personnel, facilities, and equipment for the effective and coordinated55
delivery in an appropriate geographical area of health care services under emergency56
conditions, occurring either as a result of the patient's condition or as a result of natural57
disasters or similar situations, and which is administered by a public or nonprofit private58
entity which has the authority and the resources to provide effective administration of the59
system."60
"(15) 'Local coordinating entity' means the public or nonprofit private entity designated61
by the Board of Public Health or its designee or local governing bodies of a locally62
established service area to administer and coordinate the EMSC Program in a health63
district established in accord with Code Section 31-3-15 or a locally established service64
area.65
(15.1) 'Locally established service area' means an area established by local entities66
through contract, memorandum of understanding, or other appropriate instrument for the67 23 LC 39 3601
S. B. 16
- 4 -
provision of emergency medical services; provided, however, that the creation of which68
has been approved by the department pursuant to Code Section 31-11-31."69
SECTION 4.70
Said title is further amended by revising Code Section 31-11-3, relating to recommendations71
by local coordinating entity as to administration of EMSC Program and hearing and appeal,72
as follows:73
"31-11-3.74
(a) The Board of Public Health shall have the authority on behalf of the state to designate75
and contract with a public or nonprofit local entity to coordinate and administer the EMSC76
Program for each health district the territories designated by the Department of Public77
Health department. The local coordinating entity thus designated shall be responsible for78
recommending to the board or its designee the manner in which the EMSC Program is to79
be conducted. In making its recommendations, the local coordinating entity shall give80
priority to making the EMSC Program function as efficiently and economically as possible.81
Each licensed ambulance provider in the health district territories designated by the82
department and the locally established service areas shall have the opportunity to83
participate in the EMSC Program.84
(b) The local coordinating entity shall request from each licensed ambulance provider in85
its health district or locally established service area a written description of the territory in86
which it can respond to emergency calls, based upon the provider's average response time87
from its base location within such territory; and such written description shall be due within88
ten days of the request by the local coordinating entity.89
(c)(1) After receipt of the written descriptions of territory in which where the ambulance90
providers propose to respond to emergency calls, the local coordinating entity shall91
within ten days recommend in writing: to92 23 LC 39 3601
S. B. 16
- 5 -
(A) To the board or its designee, the territories within the health district to be serviced93
by the ambulance providers; and at this same time the local coordinating entity shall94
also recommend the and a recommended method for distributing emergency calls95
among the providers, based primarily on the considerations of economy, efficiency, and96
benefit to the public welfare; and97
(B) To the governing bodies of any locally established service area, the ambulance98
providers authorized to provide service within the locally established service area and99
a recommended method for distributing emergency calls among the providers, based100
primarily on the considerations of economy, efficiency, and benefit to the public101
welfare.102
(2) The recommendation recommendations of the local coordinating entity provided for103
in subparagraph (1)(A) of this subsection shall be forwarded immediately to the board or104
its designee for approval or modification of the territorial zones and method of105
distributing calls among ambulance providers participating in the EMSC Program in the106
health district.107
(d) The board, or its designee, is empowered to conduct a hearing into the108
recommendations made by the local coordinating entity pursuant to subparagraph (c)(1)(A)109
of this Code Section, and such hearing shall be conducted according to the procedures set110
forth in Code Section 31-5-2.111
(e) The recommendations of the local coordinating entity made pursuant to subparagraph112
(c)(1)(A) of this Code Section shall not be modified unless the board or its designee shall113
find, after a hearing, that the determination of the district health director is not consistent114
with operation of the EMSC Program in an efficient, economical manner that benefits the115
public welfare. The decision of the board or its designee shall be rendered as soon as116
possible and shall be final and conclusive concerning the operation of the EMSC Program;117
and appeal from such decision shall be pursuant to Code Section 31-5-3.118 23 LC 39 3601
S. B. 16
- 6 -
(f)(1) The local coordinating entity shall begin administering the EMSC Program in119
accord with the decision by the board or its designee immediately after the decision by120
the board or its designee regarding the approval or modification of the recommendations121
made by the local coordinating entity; and the EMSC Program shall be operated in such122
manner pending the resolution of any appeals filed pursuant to Code Section 31-5-3.123
(2) The local coordinating entity shall begin administering the EMSC Program within124
a locally established service area upon approval or modification made by the governing125
bodies of any locally established service area.126
(g) This Code section shall not apply to air ambulances or air ambulance services."127
SECTION 5.128
Said chapter is further amended by adding a new Code section to read as follows:129
"31-11-3.1.130
On and after January 1, 2024, any local governing body may elect to be removed from the131
territories designated by the department for service of emergency medical services pursuant132
to Code Section 31-11-3. At least two months prior to any such election, such local133
governing body shall submit to the local coordinating entity the geographic location to be134
removed, a proposed plan for providing adequate emergency medical services, and copies135
of any contract, memorandum of understanding, or other appropriate instrument executed136
between local governing bodies when the proposed locally established service area is to137
provide services to more than one local subdivision of this state. The local coordinating138
entity shall immediately forward the information required by this Code section to the139
department. The department shall approve within 30 days any proposal submitted pursuant140
to this Code section unless it is found that such proposal would harm the public welfare.141
Any denial by the department of a proposal submitted pursuant to this Code section shall142
be subject to hearing and review in accordance with Chapter 13 of Title 50, the 'Georgia143
Administrative Procedure Act.' The department shall modify the territorial zones and144 23 LC 39 3601
S. B. 16
- 7 -
method of distributing calls among ambulance providers participating in the EMSC145
Program in any health district where a local service area has been approved."146
SECTION 6.147
Said title is further amended by revising Code Section 31-11-4, relating to supervision and148
modifications of EMSC Program, as follows:149
"31-11-4.150
The board or its designee shall exercise continuing supervision over the operations of the151
EMSC Program in each the areas of any health district outside of locally established152
service areas and shall make all necessary modifications in accord with the procedures set153
forth in Code Section 31-11-3."154
SECTION 7.155
Said title is further amended by revising Code Section 31-11-9, relating to enforcement and156
inspections, as follows:157
"31-11-9.158
The department and its duly authorized agents are authorized to enforce compliance with159
this chapter and rules and regulations promulgated under this chapter as provided in Article160
1 of Chapter 5 of this title and, in connection therewith during the reasonable business161
hours of the day, to enter upon and inspect in a reasonable manner the premises of persons162
providing ambulance service. All inspections under this Code section shall be in163
compliance with the provisions of Article 2 of Chapter 5 of this title. The department is164
also authorized to enforce compliance with this chapter, including but not limited to165
compliance with the EMSC Program and furnishing of emergency services within166
designated territories outside the boundaries of any locally established service area, by167
imposing fines in the same manner as provided in paragraph (6) of subsection (c) of Code168 23 LC 39 3601
S. B. 16
- 8 -
Section 31-2-8; this enforcement action shall be a contested case under Chapter 13 of Title
169
50, the 'Georgia Administrative Procedure Act.'"170
SECTION 8.171
Said title is further amended in Code Section 31-11-53.1, relating to automated external172
defibrillator program, establishment, regulations, and liability, by revising subsection (d) as173
follows:174
"(d) The department shall establish an automated external defibrillator program for use by175
emergency medical technicians. Such program shall be subject to the direct supervision176
of a medical adviser approved under Code Section 31-11-50. No emergency medical177
technician shall be authorized to use an automated external defibrillator to defibrillate a178
person unless that defibrillator is a properly maintained automated external defibrillator and179
that emergency medical technician:180
(1) Submits to and has approved by the department an application for such use, and in
181
considering that application the department may obtain and use the recommendation of182
the local coordinating entity for the health district in which the applicant will use such183
defibrillator;184
(2) Successfully completes an automated external defibrillator training program185
established or approved by the department;186
(3) Is subject to protocols requiring that both the emergency physician who receives a187
patient defibrillated by that emergency medical technician and the medical adviser for the188
defibrillator program review the department required prehospital care report and any189
other documentation of the defibrillation of any person by that emergency medical190
technician and send a written report of such review to the district EMS medical director191
of the health district in which the defibrillation occurred; and192
(4) Obtains a passing score on an annual automated external defibrillator proficiency193
exam given in connection with that program."194 23 LC 39 3601
S. B. 16
- 9 -
SECTION 9.
195
This Act shall become effective on January 1, 2024.196
SECTION 10.197
All laws and parts of laws in conflict with this Act are repealed.198