SLS 13RS-1801 ENGROSSED Page 1 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2013 SENATE BILL NO. 262 (Substitute of Senate Bill No. 198 by Senator White) BY SENATOR WHITE AND REPRESENTATIVE ST. GERMAIN HEALTH CARE. Provides for the Louisiana Board of Emergency Medical Services. (7/1/13) AN ACT1 To amend and reenact R.S. 36:258(B), 259(E), R.S. 40:1232, 1232.2(G), 1232.3(A), the2 introductory paragraph of 1232.6 and (14), 1232.7(A) and (D), 1232.8, 1236.5(C),3 1236.13(B), and R.S. 44:4.1(B)(23) and (26), and to enact Chapter 60 of Title 37 of4 the Louisiana Revised Statutes of 1950, comprised of R.S. 37:3671 through 3685,5 R.S. 40:1236.8, and R.S. 44:4(48), and to repeal R.S. 40:1231 through 1231.2,6 1232.1, 1232.4, 1232.5, 1233, 1234, 1234.1, and 1236.13(F), relative to emergency7 medical services; to provide for the creation of the Louisiana Board of Emergency8 Medical Services within the Department of Health and Hospitals; to provide for9 board membership, appointment, terms, and compensation; to provide for the10 function, powers, and duties of the board; to provide for licensure; to provide for a11 fee schedule; to provide for injunctive powers; to provide for prosecution; to provide12 for civil immunity; to provide for immunity from civil damages for certain entities;13 to provide for duties of EMS personnel; to provide for hazardous substance14 transportation emergencies; to provide for transition provisions; to provide for the15 Louisiana Emergency Medical Services Certification Commission; to provide for16 appointments to the Louisiana Emergency Medical Services Certification17 SB NO. 262 SLS 13RS-1801 ENGROSSED Page 2 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Commission; to provide for powers and duties of the Louisiana Emergency Medical1 Services Certification Commission; to provide for disciplinary proceedings and2 appeals by the Louisiana Emergency Medical Services Certification Commission;3 to provide for injunctive powers of the Louisiana Emergency Medical Services4 Certification Commission; to provide for the emergency medical technician fund; to5 provide for public records and exceptions; and to provide for related matters.6 Be it enacted by the Legislature of Louisiana:7 Section 1. R.S. 36:258(B) and 259(E) are hereby amended and reenacted to read as8 follows:9 §258. Offices; purposes and functions10 * * *11 B. The office of public health shall perform the functions of the state which12 relate to the general health of the people of the state, including but not limited to13 responsibility for the preparation and supervision of the Sanitary Code, local health14 units, sewage treatment and disposal within the state, physical fitness, supplemental15 food programs for women, infants, and children, emergency medical services not16 provided for pursuant to the provisions of Chapter 60 of Title 37 of the17 Louisiana Revised Statutes of 1950, and related functions affecting the public18 health. It shall also perform those functions of the state provided by law relating to19 environmental quality and pollution control which are related to the public health and20 which are specifically assigned to the department, including but not limited to21 functions relating to the treatment and disposal of sewage within the state, with the22 exception of those functions assigned to the Department of Environmental Quality23 including, but not limited to, the licensing of sewage sludge transporters or haulers.24 * * *25 §259. Transfer of agencies and functions to Department of Health and Hospitals26 * * *27 E. The following agencies, as defined in R.S. 36:3, are transferred to and28 hereafter shall be within the Department of Health and Hospitals, as provided in R.S.29 SB NO. 262 SLS 13RS-1801 ENGROSSED Page 3 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 36:803:1 * * *2 (25) Louisiana Board of Emergency Medical Services3 * * *4 Section 2. Chapter 60 of Title 37 of the Louisiana Revised Statutes of 1950,5 comprised of R.S. 37:3671 through 3685, is hereby enacted to read as follows:6 CHAPTER 60. EMERGENCY MEDICAL SERVICES7 §3671. Definitions8 As used in this Chapter, the following terms shall have the following9 meaning:10 R.S. 40:1231(5) (1) "Auto-injector" means a spring-loaded needle and11 syringe with a single dose of epinephrine that will automatically release and inject12 the medicine.13 (2) "Board" means the Louisiana Board of Emergency Medical Services.14 R.S. 40:1231(8)(3) "Department" means the Department of Health and15 Hospitals.16 R.S. 40:1231(10) (4) "Emergency medical services" or "EMS" means a17 system that represents the combined efforts of several professionals and agencies to18 provide prehospital emergency care to the sick and injured.19 R.S. 40:1231(11) (5) "EMS medical director" means a physician licensed by20 the Louisiana State Board of Medical Examiners who has responsibility and21 authority to ensure quality of care and provide guidance for all medical aspects of22 EMS.23 R.S. 40:1231(12) (6) "EMS practitioner" means an individual who is a24 licensed emergency medical responder, licensed emergency medical technician,25 licensed advanced emergency medical technician, or a licensed paramedic.26 R.S. 40:1231(15) (7)"Licensed emergency medical responder" means any27 individual who has successfully completed an emergency medical responder28 education program based on National EMS Education Standards national EMS29 SB NO. 262 SLS 13RS-1801 ENGROSSED Page 4 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. education standards approved by the bureau board and who is licensed by the1 bureau board.2 R.S. 40:1231(16) (8) "Licensed emergency medical services practitioner"3 means an individual who is a licensed emergency medical responder or who is4 nationally registered, who has successfully completed an emergency medical5 services practitioner education program based on national EMS education standards,6 and who is licensed as any one of the following:7 (a) A licensed emergency medical technician.8 (b) A licensed advanced emergency medical technician.9 (c) A licensed paramedic.10 R.S. 40:1231(17) (9) "Moral turpitude" means an act of baseness, vileness,11 or depravity in the duties which one person owes another, or to society in general,12 which is contrary to the usual, accepted, and customary rule of right and duty which13 a person should follow.14 R.S. 40:1231(18) (10) "Municipal nonprofit organization" means an15 organization owned by a parish, municipality, or entity of a parish or municipality16 which in its regular course of business responds to a call for help and renders17 medical treatment and whose attendants are emergency medical personnel, a18 registered nurse, or a physician.19 R.S. 40:1231(19) (11) "National EMS education standards" means the20 document that outlines current nationally recognized EMS education standards, has21 been adopted by the bureau board, and defines terminal objectives for each22 nationally defined EMS licensing level.23 R.S. 40:1231(20) (12) "Physician" means a physician licensed to practice24 medicine by the Louisiana State Board of Medical Examiners.25 R.S. 40:1231 (21) (13) "Volunteer nonprofit organization" means an26 organization which in its regular course of business responds to a call for help and27 renders medical treatment and whose attendants are emergency medical personnel,28 a registered nurse, or a physician and which is chartered as a nonprofit organization29 SB NO. 262 SLS 13RS-1801 ENGROSSED Page 5 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. under Section 501c of the United States Internal Revenue Code, as a volunteer fire1 department by the Louisiana state fire marshal's office, or as a nonprofit organization2 by the Louisiana secretary of state.3 §3672. Louisiana Board of Emergency Medical Services; membership;4 qualifications; terms; vacancies; meetings; officers;5 compensation; domicile6 A. The Louisiana Board of Emergency Medical Services is hereby7 created within the Department of Health and Hospitals and subject to the8 provisions of R.S. 36:803.9 B.(1) The board shall be composed of seventeen voting members10 appointed by the governor as follows:11 (a) One member representing and nominated by the accredited EMS12 education programs in the state.13 (b) One EMS education program director representing emergency14 medical responders, emergency medical technicians and advanced emergency15 medical technicians educational programs nominated by the Louisiana16 Association of Nationally Registered Emergency Medical Technicians.17 (c) One EMS practitioner from a fire-based EMS system nominated by18 the Louisiana Fire Chief's Association.19 (d) One paramedic nominated by the Louisiana Association of Nationally20 Registered Emergency Medical Technicians.21 (e) One EMT nominated by the Louisiana Association of Nationally22 Registered Emergency Medical Technicians.23 (f) One representative from a private EMS provider nominated by the24 Louisiana Ambulance Alliance.25 (g) One representative from a public EMS provider nominated by the26 Louisiana Ambulance Alliance.27 (h) One representative from an air EMS provider nominated by the28 Louisiana Ambulance Alliance.29 SB NO. 262 SLS 13RS-1801 ENGROSSED Page 6 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (i) One representative nominated by the chairman of the EMS1 Certification Commission.2 (j) One representative from an industry-based EMS service nominated3 by the Louisiana Association of Nationally Registered Emergency Medical4 Technicians.5 (k) One EMS practitioner nominated by the Louisiana State Firemen6 Association.7 (l) One EMS practitioner nominated by the Professional Fire Fighters8 Association of Louisiana.9 (m) One registered nurse who is a state-licensed paramedic nominated10 by the Louisiana State Council of the Emergency Nurses Association.11 (n) One emergency physician nominated by the Louisiana Chapter of the12 American College of Emergency Physicians.13 (o) One physician representing the EMS physician medical directors14 nominated by the Louisiana State Medical Society.15 (p) One administrator of a public EMS provider nominated by the16 Louisiana State Medical Society.17 (q) One fire service administrator nominated by the Louisiana Municipal18 Association.19 C. Each member of the board shall be a resident of Louisiana for at least20 one year, have had three years experience in his respective field of practice, and21 be actively engaged in the practice of emergency medical services at the time of22 his appointment.23 D. Each appointment by the governor shall be submitted to the Senate24 for confirmation.25 E. (1) Except as otherwise provided in this Section, each member shall26 serve a term of three years.27 (2) The initial members of the board shall have initial terms, determine28 by lot at the first meeting after the effective date of this Section, as29 SB NO. 262 SLS 13RS-1801 ENGROSSED Page 7 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. follows:1 (a) Six shall serve until July 1, 2014.2 (b) Six shall serve until July 1, 2015.3 (c) Five shall serve until July 1, 2016.4 (3) No individual shall serve more than two consecutive terms.5 F. Subsequent to the appointment or placement of the initial members,6 the voting members shall be appointed from a list of two nominees for each7 appointment submitted by the appropriate nominating organization. No later8 than thirty days prior to the termination date of a member's term, the9 appropriate nominating organization shall submit a list of nominees to the10 governor. If the appropriate nominating organization fails to submit the11 required list of nominees to the governor within thirty days, the governor shall12 appoint the respective member to fill the vacancy without the nomination list13 required.14 G. Each member shall serve until his successor has been appointed and15 confirmed.16 H. Upon the expiration of the term of any member or in the event of a17 vacancy for any reason, the appropriate nominating organization shall submit18 to the governor the names of two qualified persons for each vacancy to be filled.19 I. A vacancy occurring on the board for any reason shall be filled in the20 same manner as the original appointment was made. However, members21 appointed to fill vacancies shall serve only for the unexpired term of their22 predecessors.23 J. The board shall hold its first meeting no later than sixty days after the24 appointment of the entire board with the first meeting being called by the25 governor. At the first meeting the board shall select a chairman and vice26 chairman. At a minimum, the board shall meet on a quarterly basis and, in27 addition, shall meet when called by the chairman or upon the written request28 of at least nine of the voting members of the board.29 SB NO. 262 SLS 13RS-1801 ENGROSSED Page 8 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. K. For each day while performing his official duties, a member of the1 board may be reimbursed for expenses and mileage at the same rate set by the2 division of administration for state employees under the provisions of R.S.3 39:231.4 L. The board shall be domiciled in Baton Rouge, but offices for the5 purpose of administering the provisions of this Chapter may be established by6 the board in other locations.7 M. The governor shall remove a member of the board after a hearing by8 the board during which charges for removal have been established and9 provided that a majority of the members have recommended removal.10 N.(1) There shall be no civil liability and no licensee or other individual11 shall have a cause of action or a claim for damages against any person or12 institution providing information to the board, its members, officers, designated13 agents or representatives, employees, where the individual or institution acts14 without malice and in the reasonable belief that such information is accurate.15 (2) There shall be no liability on the part of and no action for damages16 against any member of the board, its officers, employees, agents, or17 representatives for any action undertaken or performed by such individual18 within the scope of the duties, powers, and functions of the board when acting19 without malice and in the reasonable belief that the action taken is within the20 board's and such individual's authority.21 §3673. Powers and duties of the board; exceptions22 A. In order to establish and maintain a program for the improvement23 and regulation of emergency medical services in the state, the board shall:24 (1) Develop a state plan for the prompt and efficient delivery of adequate25 emergency medical services to acutely sick and injured individuals.26 (2) Serve as the primary agency for participation in any federal program27 involving emergency medical services and may receive and, pursuant to28 legislative appropriation, disburse available federal funds to implement any29 SB NO. 262 SLS 13RS-1801 ENGROSSED Page 9 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. service program.1 (3) Identify all public and private agencies, institutions, and individuals2 that are or may be engaged in emergency medical services training and set3 minimum standards for course approval, instruction, and examination.4 (4) Promulgate rules and regulations in accordance with the5 Administrative Procedure Act for the following:6 (a) To define and authorize appropriate education programs based on7 national EMS education standards for emergency medical services8 practitioners. All such education programs shall meet or exceed national EMS9 education standards.10 (b) To specify minimum operational requirements that shall ensure11 medical direction, supervision, and control over emergency medical services.12 (c) To specify minimum examination and continuing education13 requirements for all emergency medical services practitioners.14 (d) To provide for the issuance of licenses, renewals of licenses, and15 requirements for emergency medical services practitioners.16 (e) To establish fees for licensure and license renewal.17 (5) Issue a license and renew a license to any duly qualified applicant for18 licensure and license renewal as an emergency medical services practitioner.19 (6) Prescribe application forms for licensure and licensure renewal.20 (7) Adopt requirements and standards of practice approved by the21 Louisiana Emergency Medical Services Certification Commission for22 emergency medical services practitioners.23 (8) Conduct investigations as requested by the Louisiana Emergency24 Medical Services Certification Commission of alleged or suspected improper or25 prohibited behavior by emergency medical services practitioners or applicants.26 (9) Deny, withhold, revoke, restrict, probate, suspend, or otherwise27 restrict licenses of individuals who violate this Chapter or the rules28 promulgated by the board pursuant thereto as directed by the Louisiana29 SB NO. 262 SLS 13RS-1801 ENGROSSED Page 10 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Emergency Medical Services Certification Commission.1 (10) Cause the prosecution of any individual who violates any provision2 of this Chapter.3 (11) Prepare, publish, and update at least annually a roster of all EMS4 practitioners in the state, which shall include a mailing address for each EMS5 practitioner but shall not include the home address or home telephone number6 of any EMS practitioner who does not authorize such inclusion in writing. The7 home address and telephone number of every EMS practitioner who does not8 authorize such inclusion shall be exempted from the Public Records Law.9 (12) Adopt continuing education requirements and standards for10 individuals seeking to renew a certificate.11 (13) Prepare an annual report detailing the activities of the board during12 the past fiscal year including the number and nature of the hearings conducted13 under the provisions of R.S. 37:3677.14 (14) Adopt rules and regulations to implement the provisions of this15 Chapter in accordance with the Administrative Procedure Act. Any rules or16 regulations promulgated by the department relative to the subject matter of this17 Chapter shall remain in effect until revised or repealed by the board. Any rules18 or regulations promulgated by the former Louisiana Emergency Medical19 Services Certification Commission, originally created by Act 913 of the 199720 Regular Session of the Legislature, shall remain in effect until revised or21 repealed by the board.22 (15) Adopt and amend the title and the definition of licensed emergency23 medical services practitioners.24 (16) Employ an executive director who holds a current license as an EMS25 practitioner and other persons necessary to implement the board's directives,26 rules, and regulations and to assist the board in the implementation of this27 Chapter.28 (17) Appoint an attorney at law to represent the board in all matters29 SB NO. 262 SLS 13RS-1801 ENGROSSED Page 11 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. pertaining to the administration of the provisions of this Chapter, fix his1 compensation, and define his duties.2 (18) Have all other powers necessary and proper to the performance of3 its duties, including but not limited to the power to subpoena.4 B. The board shall have the authority to:5 (1) Request and obtain state and national criminal history record6 information on any person applying for any license or permit which the board7 is authorized by law to issue, including permission to enroll as a student in8 clinical courses.9 (2) Require any applicant for any license or permit which the board is10 authorized to issue, including permission to enroll as a student in clinical11 courses, to submit a full set of fingerprints, in a form and manner prescribed by12 the board, as a condition to the board's consideration of his application.13 (3) Charge and collect from an applicant for any license or permit which14 the board is authorized to issue, including permission to enroll as a student in15 clinical courses, in addition to all other applicable fees and costs, such amount16 as may be incurred by the board in requesting and obtaining criminal history17 record information on the applicant.18 (4) Regulate students in the clinical phase of their education; however,19 nothing in this Subsection shall require the licensure by the board of students20 during the clinical phase of their education.21 (5) Enforce the rules and regulations in place on the effective date of this22 Chapter until such time as the board promulgates rules and regulations in23 accordance with this Section.24 (6) Purchase, lease, maintain, or otherwise contract with respect to25 immovable property and improvements thereon as it may deem necessary or26 appropriate to accomplish the provisions of this Chapter. Additionally, the27 board shall have the authority to borrow funds with the approval of the State28 Bond Commission and to expend funds of the board for the acquisition of29 SB NO. 262 SLS 13RS-1801 ENGROSSED Page 12 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. immovable property and improvements thereon. In the event that the board1 sells immovable property and improvements thereon, the revenue derived from2 the sale shall be retained by the board and shall not be subject to reversion to3 the state general fund.4 (7) Share any information in the custody of the board, including5 information not subject to the laws relative to public records pursuant to R.S.6 44:4(48), with any regulatory or law enforcement agency upon written request7 of the regulatory or law enforcement agency.8 (8) Enter into any contract related to its responsibilities in compliance9 with this Chapter and other state laws.10 (9) Apply for all available appropriate public funds and all available11 appropriate public and private federal grants, donations, or gifts of money or12 services from any available source.13 (10) Accept grants, donations, or gifts of money or services from public14 or private organizations or from any other sources to be utilized for the15 purposes of the board.16 (11) Publish documents and materials intended to further the mission or17 purpose of the board.18 C. Except as they relate to scope of practice or patient care issues, the19 provisions of Paragraphs (A)(8), (10), and (11) of this Section shall not apply to20 anyone who is a volunteer of or employed by the state of Louisiana or another21 public entity, a municipal fire department, a fire protection district, or a22 volunteer fire department who has successfully completed an education23 program based on national EMS education standards and who possesses a24 current national certification and state license, until the board has forwarded25 the nonmedical practice complaint to the local governing body and received a26 response with investigative results and any disciplinary disposition. In the event27 that the local governing body does not send a response or request for extension28 to the board within sixty days after receipt of the complaint, the board may29 SB NO. 262 SLS 13RS-1801 ENGROSSED Page 13 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. proceed with the powers and duties as defined in Subsection A of this Section.1 Notwithstanding any law to the contrary, in the event the board determines by2 a two-thirds vote of the seated membership of the board that public health and3 safety would be jeopardized by waiting for a response from the local governing4 authority, the board shall have the right to exercise its powers and duties as5 provided in Subsection A of this Section without receipt of an investigative6 report from the local governing authority or the expiration of the sixty day7 period as provided in this Subsection.8 R.S. 40:1232.5. §3674. License; requirements; renewal9 A. Applicants for initial licensure as emergency medical services10 practitioners shall submit the following evidence to the bureau board:11 (1) Completion of the required approved educational program.12 (2) Documentation that the applicant meets the qualifications and13 requirements as established by the bureau board.14 B. In lieu of the evidence required by Subsection A of this Section, an15 applicant may submit evidence that he has been duly licensed or certified in another16 state, territory, or country or has received military training and certification or17 license as emergency medical services practitioner as defined in R.S. 40:123118 37:3670, and meets the qualifications and requirements established by the bureau19 board.20 C.(1) The license shall be renewed every two years provided the applicant21 seeking renewal completes the application and meets the requirements for renewal22 established by the bureau board prior to the expiration date on his current license.23 (2) An individual whose license expires by his failure to renew as provided24 may be reinstated provided the applicant submits a completed application and meets25 any additional requirements established by the bureau board for an individual who26 has failed to timely renew his license.27 §3675. Emergency medical personnel training; licensure28 A. An individual petitioning for licensure or license renewal as an29 SB NO. 262 SLS 13RS-1801 ENGROSSED Page 14 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. emergency medical services practitioner shall submit an application to the1 board on forms provided by the board. The application shall be accompanied2 by the appropriate fee.3 B. The board shall affirmatively provide that there is no discrimination4 toward any individual in the licensure process on the basis of race, religion,5 creed, national origin, sex, or age.6 R.S. 40:1232.1. §3676. Fee schedule; fees for license prohibited7 A.(1) The bureau board shall not require or collect any fee or charges for8 licensure or license renewal of emergency medical services practitioners who serve9 as such on a voluntary basis and who receive no compensation of any kind for such10 services.11 (2) The bureau board shall not set the fee for licensure of an emergency12 medical technician to exceed fifteen dollars for any individual who is an employee13 or volunteer of the state of Louisiana or another public entity, a municipal fire14 department, a fire protection district, a volunteer fire department, or a municipal law15 enforcement agency who does not perform emergency medical services outside of16 the individual's official governmental responsibilities for any form of compensation.17 (3) The bureau board shall not set the fee for license renewal of an18 emergency medical technician to exceed ten dollars for any individual who is an19 employee or volunteer of the state of Louisiana or another public entity, a municipal20 fire department, a fire protection district, a volunteer fire department, or a municipal21 law enforcement agency who does not perform emergency medical services outside22 of the individual's official governmental responsibilities for any form of23 compensation.24 B. Except as provided in Subsection A of this Section, the bureau board shall25 assess fees for testing and licenses in amounts not to exceed the amounts based on26 the following schedule:27 (1) Test fees: Fee28 (a) Emergency medical responder - written only $ 15.0029 SB NO. 262 SLS 13RS-1801 ENGROSSED Page 15 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (b) Emergency medical responder - written only1 (out of state) 15.002 (c) Emergency medical technician initial written & practical 60.003 (d) Emergency medical technician entire practical exam 30.004 (e) Emergency medical technician partial practical 15.005 (f) Emergency medical technician testing/retesting-written only 15.006 (g) Emergency medical technician testing/retesting-written only7 (out of state) 15.008 (h) Advanced emergency medical technician initial9 written & practical 75.0010 (i) Advanced emergency medical technician initial written 11 & practical (out of state) 100.0012 (j) Advanced emergency medical technician retest entire13 practical 50.0014 (k) Advanced emergency medical technician retest entire15 practical (out of state) 65.0016 (l) Advanced emergency medical technician retest partial17 practical 30.0018 (m) Advanced emergency medical technician retest partial19 practical (out of state) 30.0020 (n) Advanced emergency medical technician testing/retesting-21 written only (exam only) 15.0022 (o) Advanced emergency medical technician testing/retesting-23 written only (exam only) (out of state) 15.0024 (p) Paramedic initial written & practical 90.0025 (q) Paramedic initial written & practical (out of state)125.0026 (r) Paramedic retesting-entire practical 60.0027 (s) Paramedic retesting-entire practical (out of state)75.0028 (t) Paramedic retesting-partial practical 35.0029 SB NO. 262 SLS 13RS-1801 ENGROSSED Page 16 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (u) Paramedic retesting-partial practical (out of state)40.001 (v) Paramedic testing/retesting written 15.002 (w) Paramedic testing/retesting written (out of state)15.003 (2) License fees4 (a) Emergency medical responder 10.005 (b) Emergency medical technician 30.006 (c) Advanced emergency medical technician 40.007 (d) Paramedic 50.008 (3) Recertification9 (a) Emergency medical responder 5.0010 (b) Emergency medical technician 25.0011 (c) Advanced emergency medical technician 35.0012 (d) Paramedic 45.0013 (4) Reciprocity14 (a) Emergency medical technician 60.0015 (b) Advanced emergency medical technician 80.0016 (c) Paramedic 100.0017 C. The department board may adopt rules and regulations in accordance with18 the Administrative Procedure Act to provide for the collection of fees required by the19 fee schedule provided in this Section.20 D. All money paid to the board shall be held subject to the order of the21 board to be used only for the purpose of meeting necessary expenses incurred22 in the performance of this Chapter, and the duties imposed thereby.23 R.S. 40:1232.9. §3677. Violations24 No person or individual shall engage in any of the following activities:25 (1) Sell, or attempt to sell, falsely obtain, or furnish to any person any26 emergency medical services practitioner diploma, license document, or record, or aid27 or abet therein.28 (2) Practice as an emergency medical services practitioner under any diploma29 SB NO. 262 SLS 13RS-1801 ENGROSSED Page 17 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. or certificate illegally obtained or signed or issued unlawfully.1 (3) Practice as an emergency medical services practitioner unless licensed to2 do so under the provisions of this Subpart Chapter.3 (4) Use in connection with his name any designation tending to imply that he4 is an emergency medical services practitioner unless duly authorized to practice5 under the provisions of this Subpart Chapter.6 (5) Practice as an emergency medical services practitioner during the time the7 license issued under the provisions of this Subpart Chapter is suspended or revoked.8 (6) Practice as an emergency medical services practitioner during the time his9 license has lapsed by reason of his intentional failure to renew the license.10 (7) Conduct or serve as an educator in conducting any course claiming to11 prepare students for license as emergency medical services practitioner under the12 provisions of this Subpart Chapter, unless both the course and the educator have13 been approved by the bureau board.14 (8) Knowingly aid or abet another person in the violation of this Subpart15 Chapter.16 §3678. Injunction17 The board may obtain an injunction without bond forbidding any person18 from violating or continuing to violate any of the provisions of this Chapter.19 This injunction shall not be subject to release upon bond.20 R.S. 40:1232.10. §3679. Prosecution21 A. Any person who violates the provisions of R.S. 40:1232.9 37:3678 shall22 be subject to prosecution. This prosecution shall be brought in the name of the state,23 provided the provisions of this Subpart Chapter shall not prevent or interfere with24 a prosecution brought by the district attorney of a parish when a prosecution or a pre-25 prosecution proceeding has been initiated by the district attorney.26 B. Whoever is found guilty of violating any provision of R.S. 40:1232.927 37:3678 shall, upon a first conviction, be fined not more than five hundred dollars28 or imprisoned for not more than six months, or both. Upon a second or subsequent29 SB NO. 262 SLS 13RS-1801 ENGROSSED Page 18 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. conviction, the offender shall be imprisoned with or without hard labor for not more1 than two years and fined not more than five thousand dollars.2 §3680. Exceptions3 This Chapter shall not apply to the practice of emergency medical4 services by a legally qualified emergency medical services practitioner who is5 employed by the United States government, or by any bureau, division, or6 agency thereof, while in the discharge of his official duties.7 R.S. 40:1233.§3681. Civil immunity8 A.(1) Any emergency medical services practitioner, licensed pursuant to the9 provisions of this Subpart Chapter who renders emergency medical care to an10 individual while in the performance of his medical duties and following the11 instructions of a physician shall not be individually liable to such an individual for12 civil damages as a result of acts or omissions in rendering the emergency medical13 care, except for acts or omissions intentionally designed to harm, or for grossly14 negligent acts or omissions which result in harm to such an individual. Nothing15 herein shall relieve the driver of the emergency vehicle from liability arising from16 the operation or use of such vehicle.17 (2) The immunity granted to emergency medical services practitioners by the18 provisions of this Subpart Chapter shall extend to parish governing authorities,19 police departments, sheriffs' offices, fire departments, or other public agencies20 engaged in rendering emergency medical services and its insurers with respect to21 such emergency medical services unless the emergency medical services practitioner22 employed by such agencies would be personally liable under the provisions of23 Paragraph (1) of this Subsection.24 B. Any physician who provides instructions to any emergency medical25 services practitioner by use of electronic or other means of transmission in26 connection with the rendering of emergency medical services to an individual shall27 not be liable unto such practitioner or to an individual or both for civil damages28 arising from his opinion, judgments, actions, or duties, except for acts or omissions29 SB NO. 262 SLS 13RS-1801 ENGROSSED Page 19 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. intentionally designed to harm, or for grossly negligent acts or omissions which1 result in harm to the individual, while exercising that degree of skill and care2 ordinarily employed by members of his profession in good standing.3 C. No hospital facility which allows the use of telemetry or other equipment4 to maintain contact between an emergency medical services practitioner and a5 physician shall be liable for any civil damages arising out of the use of such6 equipment except for acts or omissions by hospital personnel that are grossly7 negligent which result in harm to an individual.8 D. No registered nurse, licensed emergency medical services practitioner, or9 other health professional licensed in Louisiana who supervises, instructs, or trains10 emergency medical services practitioners in accordance with curricula developed or11 adopted by the bureau board shall be liable for any civil damages arising out of the12 actions or negligence of the emergency medical personnel whom he supervised,13 educated, or trained.14 E. There shall be no cause of action or civil liability, and no license holder15 or applicant shall have any cause of action or any claim for damages against any16 individual, person, or institution providing information to the commission or its17 agents or employees when that individual, person, or institution acts without malice18 and when there is a reasonable belief that such information is accurate.19 F. The provisions of this Section shall not be interpreted to provide any20 additional immunities that were not provided by R.S. 40:1233 prior to the21 effective date of this Section.22 R.S. 40:1231.2. §3682. Immunity from civil damages23 A. No parish, specialty, component, or state medical society or organization,24 or its designee, which is statutorily mandated by this Part Chapter to participate25 without compensation or gratuitously participates in an emergency services system,26 nor any committee of such parish, specialty, component, or state medical society or27 organization, including the individual members of such committee, or its designee,28 shall be liable for any civil damages as a result of any act or omission in the29 SB NO. 262 SLS 13RS-1801 ENGROSSED Page 20 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. performance of their administrative duties or donated services with such emergency1 services system, including, without limitation, advice, instructions, or other duties2 regarding policy, protocol, administration, and efficiency of the emergency medical3 services system. The immunity extended to a parish, specialty, component, or state4 medical society or organization, or any committee thereof, including the individual5 members of such committee, including their insurers, or its designee, shall not be6 applicable for willful or wanton acts or omissions. The immunity extended herein7 shall be applicable only to an action brought by the person damaged as a result of the8 performance of any administrative duties or donated services rendered pursuant to9 the provisions of this Section.10 B. The provisions of this Section shall not be interpreted to provide any11 additional immunities that were not provided by R.S. 40:1231.2 prior to the12 effective date of this Section.13 R.S. 40:1234. §3683. Duties of emergency medical personnel14 A.(1) A licensed emergency medical services practitioner may perform any15 of the following functions:16 (a) Services, treatment, and procedures consistent with national EMS17 education standards that have been approved and adopted by the bureau board, and18 to the extent that he has been trained to perform such services.19 (b) Administration of other drugs or procedures for which the licensed20 emergency medical services practitioner has received training, license, and approval21 by the commission and which may be considered necessary by the ordering22 physician.23 (2) The functions authorized by Paragraph (1) of this Subsection may be24 performed by the licensed emergency medical services practitioner while he is caring25 for a patient or at the scene of a medical or other emergency where voice contact is26 established with a physician and under the physician's order; or under a protocol that27 has been approved by the local parish medical society or the emergency medical28 services practitioner's medical director, until voice communication with the29 SB NO. 262 SLS 13RS-1801 ENGROSSED Page 21 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. physician is established.1 B. An emergency medical services practitioner student may, while he is2 enrolled in good standing in a state approved clinical or field internship program3 under the direct supervision of a physician, registered nurse, paramedic, or other4 preceptor recognized by the bureau board:5 (1) Perform services, treatments, and procedures consistent with national6 EMS education standards that have been approved and adopted by the bureau board,7 and to the extent that he has been trained to perform such services.8 (2) Administer automated cardiac defibrillation in accordance with rules and9 regulations promulgated by the bureau board in accordance with the Administrative10 Procedure Act and a protocol that shall be approved by the local parish medical11 society, or its designee, and the local physician medical director.12 C. In a case of a life-threatening situation as determined by a licensed13 emergency medical services practitioner, when voice contact with a physician is14 delayed, not possible, or when the delay in treatment could endanger the life of the15 patient, such a person may render services, in accordance with a protocol that shall16 be established by the emergency medical services committee or the executive17 committee of the parish or component medical society, or its designee, until voice18 communication can be established at the earliest possible time.19 D. Any individual, education organization, organization, or other entity20 violating the provisions of this Section shall be guilty of a misdemeanor, conviction21 of which shall subject the offender to a fine of not less than five hundred dollars nor22 more than one thousand dollars for each separate offense.23 E. In the event that there is no organized or functional local parish medical24 society in a parish of the state, the provisions of this Section which require the25 approval of an emergency medical service protocol by the local parish medical26 society or its designee may be performed by a parish or multiparish medical society27 which is adjacent or contiguous to the parish without an organized or functional local28 parish medical society. In the absence of such adjacent or contiguous parish or29 SB NO. 262 SLS 13RS-1801 ENGROSSED Page 22 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. multiparish medical society, the district medical society shall approve an emergency1 medical service protocol for the parish without an organized or functional local2 parish medical society. In the event the district medical society does not approve an3 emergency medical service protocol for the parish without an organized or functional4 local parish medical society, the disaster and emergency medical services committee5 of the Louisiana State Medical Society shall approve an emergency medical service6 protocol for the parish without an organized or functional local parish medical7 society.8 F. The department shall promulgate rules and regulations establishing basic9 guidelines for statewide emergency medical service protocols. Such rules and10 regulations shall be based on the recommendations of the Louisiana State Medical11 Society's disaster and emergency medical services committee, which shall serve as12 an advisory committee to the department for this purpose.13 R.S. 40:1234.1. §3684. Hazardous substance transportation emergencies; payment14 for emergency medical services15 A. The person or entity who in the course of transporting hazardous16 substances or materials causes or contributes to a discharge of a hazardous substance17 or material that causes an emergency condition shall be obligated to pay the18 reasonable costs of any emergency medical services provider whose presence or19 service, including standby, is requested at such hazardous substance emergency by20 any person authorized by the Department of Public Safety and Corrections or the21 Department of Environmental Quality to respond to a hazardous substance22 transportation emergency. Nothing is in this Section shall affect the rights of any23 party to recover under any other provision of law.24 B. The provisions of this Section shall not be interpreted to provide any25 additional immunities that were not provided by R.S. 40:1234.1 prior to the26 effective date of this Section. 27 §3685. Transition provisions28 For one year following the effective date of this Chapter, the department29 SB NO. 262 SLS 13RS-1801 ENGROSSED Page 23 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. shall provide to the board information technology and legal support functions,1 and shall provide technical assistance regarding purchasing, payroll, and2 budget matters.3 Section 3. R.S. 40:1232, 1232.2(G), 1232.3(A), the introductory paragraph of 1232.64 and (14), 1232.7(A) and (D),1232.8, 1236.5(C) and 1236.13(B) are hereby amended and5 reenacted and R.S. 40:1236.8 is hereby enacted to read as follows:6 SUBPART B. EMERGENCY MEDI CAL PERSONNEL7 §1232. Emergency medical personnel training; certification Definitions8 A. The bureau shall promulgate rules and regulations in accordance with the9 Administrative Procedure Act for the following:10 (1) To define and authorize appropriate education programs based on national11 EMS education standards for emergency medical services practitioners. All such12 education programs shall meet or exceed national EMS education standards.13 (2) To specify minimum operational requirements which will ensure medical14 direction, supervision, and control over emergency medical services.15 (3) To specify minimum examination and continuing education requirements16 for all emergency medical services practitioners.17 (4) To provide for the issuance of licenses, renewals of licenses, and18 requirements for emergency medical services practitioners.19 (5) To establish fees for licensure and license renewal.20 B. An individual petitioning for licensure or license renewal as an emergency21 medical services practitioner shall submit an application to the bureau on forms22 provided by the bureau. The application shall be accompanied by the appropriate fee.23 C. The bureau shall affirmatively provide that there is no discrimination24 toward any individual in the certification process on the basis of race, religion, creed,25 national origin, sex, or age. The words and terms not otherwise defined in this26 Subpart shall have the same meaning as provided in R.S. 37:3671.27 * * *28 §1232.2. Louisiana Emergency Medical Services Certification Commission;29 SB NO. 262 SLS 13RS-1801 ENGROSSED Page 24 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. creation; membership; qualifications; terms; vacancies; meetings;1 officers; compensation; domicile2 * * *3 G. Subsequent to the appointment of the initial members, the voting members4 shall be appointed from a list of two nominees for each appointment submitted by5 the task force Louisiana Board of Emergency Medical Services. No later than6 thirty days prior to the termination date of a member's term, the task force Louisiana7 Board of Emergency Medical Services shall submit a list of nominees to the8 governor. If the Louisiana State Nurses Association or the task force Louisiana9 Board of Emergency Medical Services fails to submit the required list of nominees10 to the governor within thirty days, the governor shall appoint the respective member11 to fill the vacancy without the nomination list required.12 * * *13 §1232.3. Powers and duties of the commission; exceptions14 A. The commission shall:15 (1) Recommend to the bureau Louisiana Board of Emergency Medical16 Services requirements and standards of practice for individuals seeking to be17 certified under this Subpart as EMS practitioners.18 (2) Approve requirements and standards of practice submitted by the bureau19 Louisiana Board of Emergency Medical Services for emergency medical services20 practitioners consistent with this Subpart.21 (3) Recommend continuing education requirements and standards to the22 bureau Louisiana Board of Emergency Medical Services in accordance with23 criteria established by the National Registry of Emergency Medical Technicians for24 individuals seeking to renew a license.25 (4) Conduct disciplinary hearings for emergency medical personnel EMS26 practitioners.27 (5) Request that the bureau Louisiana Board of Emergency Medical28 Services conduct investigations as necessary.29 SB NO. 262 SLS 13RS-1801 ENGROSSED Page 25 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (6) Cause the prosecution of any individual who violates any provision of this1 Subpart.2 (7) Maintain a record of all commission proceedings.3 (8) Adopt rules and regulations to implement the provisions of this Subpart4 in accordance with the Administrative Procedure Act, R.S. 49:950 et seq.5 * * *6 §1232.6. Grounds for disciplinary proceedings7 The commission may discipline emergency medical services practitioners by8 directing the bureau Louisiana Board of Emergency Medical Services to deny,9 withhold, revoke, restrict, probate, or suspend a license to practice as an emergency10 medical services practitioner, impose fines and assess costs, or otherwise discipline11 an emergency medical services practitioner, and the commission may direct the12 bureau Louisiana Board of Emergency Medical Services to limit, restrict, or deny13 a student emergency medical services practitioner from entering or continuing the14 clinical phase of EMS education for the following causes:15 * * *16 (14) Has violated any rules and regulations of the commission or the bureau17 Louisiana Board of Emergency Medical Services or any provision of this Subpart.18 * * *19 §1232.7. Hearings of the commission; appeal of decision20 A. If the commission determines there are grounds for a disciplinary21 proceeding against an individual based upon an investigation by the bureau22 Louisiana Board of Emergency Medical Services, the chairman of the commission23 shall set a time and place for a hearing. No later than ten days prior to the date set for24 the hearing, the commission shall send notice of the time and place for the hearing25 and an explanation of the grounds for the disciplinary proceedings to the individual26 by registered mail, return receipt requested, at his last known address as it appears27 on the records of the bureau Louisiana Board of Emergency Medical Services.28 * * *29 SB NO. 262 SLS 13RS-1801 ENGROSSED Page 26 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. D. Notice of the commission's decision to revoke, restrict, suspend, or deny1 a license shall be sent to the individual under investigation by registered mail, return2 receipt requested, at his last known address as it appears on the records of the bureau3 Louisiana Board of Emergency Medical Services.4 * * *5 §1232.8. Injunction6 The commission, through the bureau Louisiana Board of Emergency7 Medical Services, may obtain an injunction without bond forbidding any person8 from violating or continuing to violate any of the provisions of this Subpart. This9 injunction shall not be subject to release upon bond.10 * * *11 §1236.5. Emergency medical technician fund12 * * *13 C. The monies in the fund shall be appropriated to the Department of Health14 and Hospitals Louisiana Board of Emergency Medical Services solely for15 purchasing equipment for the testing of applicants for certification as an emergency16 medical technician and to cover other testing-related costs. All unexpended and17 unencumbered monies remaining in the fund at the close of each fiscal year shall18 remain in the fund. Monies in the fund shall be invested by the state treasurer in the19 same manner as monies in the state general fund. All interest earned from the20 investment of monies in the fund shall be deposited and remain to the credit of the21 fund.22 * * *23 §1236.8. Definitions24 For purposes of this Subpart:25 §1231(1)(1) "Air ambulance" means any aircraft, either fixed-wing or rotary-26 winged, designed and operated as a part of a regular course of conduct or business27 to transport a sick or injured individual or which is advertised or otherwise held out28 to the public as such.29 SB NO. 262 SLS 13RS-1801 ENGROSSED Page 27 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. §1231(2)(2) "Air ambulance service" means any person, firm, association,1 or government entity owning, controlling, or operating any business or service which2 furnishes, operates, conducts, maintains, advertises, engages in, proposes to engage3 in, or professes to engage in the business or service of transporting, in air4 ambulances, individuals who may need medical attention during transport.5 §1231(3)(3) "Ambulance" means any authorized emergency vehicle,6 equipped with warning devices, designed and operated as a part of a regular course7 of conduct or business to transport a sick or injured individual or which is advertised8 or otherwise held out to the public as such. "Ambulance" shall not mean a hearse or9 other funeral home vehicle utilized for the transportation of the dead.10 §1231(4)(4) "Ambulance service" or "ambulance provider" means any11 person, firm, association, or government entity owning, controlling, or operating any12 business or service which furnishes, operates, conducts, maintains, advertises,13 engages in, proposes to engage in, or professes to engage in the business or service14 of transporting, in ambulances, individuals who may need medical attention during15 transport. However, "ambulance service" and "ambulance provider" shall not include16 any of the following:17 (a) An agency of the federal government.18 (b) A volunteer nonprofit organization or municipal nonprofit organization19 operating an invalid coach or coaches.20 (c) An entity rendering assistance to a licensed ambulance or ambulances in21 the case of a major disaster.22 (d) A licensed hospital providing nonemergency, noncritical interhospital23 transfer and patient transportation for diagnostic and therapeutic purposes when such24 transportation originates at a licensed hospital.25 (e) An entity operating an ambulance or ambulances from a location outside26 of the state to transport patients from a location outside of the state to a location27 inside the state or to transport a patient or patients from a medical facility inside of28 the state to a location outside of the state.29 SB NO. 262 SLS 13RS-1801 ENGROSSED Page 28 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (f) An entity providing transportation to employees who become sick or1 injured during the course of their employment from a job site to the nearest2 appropriate medical facility.3 §1231(8)(5) "Department" means the Department of Health and Hospitals.4 §1231(9)(6) "Emergency medical response vehicle" means a marked5 emergency vehicle with fully visual and audible warning signals operated by a6 certified ambulance service, the primary purpose of which is to respond to the scene7 of a medical emergency to provide emergency medical stabilization or support, or8 command, control, and communications, but which is not an ambulance designed or9 intended for the purpose of transporting a victim from the scene to a medical facility10 regardless of its designation. Included are such vehicles referred to but not limited11 to the designation as "sprint car", "quick response vehicle", "special response12 vehicle", "triage trucks", "staff cars", "supervisor units", and other similar13 designations. Emergency medical response vehicles shall not include fire apparatus14 and law enforcement patrol vehicles which carry first aid or emergency medical15 supplies and which respond to medical emergencies as part of their routine duties.16 §1231(14)(7)"Industrial ambulance" means any vehicle owned and operated17 by an industrial facility and used for transporting any employee who becomes sick,18 injured, or otherwise incapacitated in the course and scope of his employment from19 a job site to an appropriate medical facility.20 §1231(18)(8) "Municipal nonprofit organization" means an organization21 owned by a parish, municipality, or entity of a parish or municipality which in its22 regular course of business responds to a call for help and renders medical treatment23 and whose attendants are emergency medical personnel, a registered nurse, or a24 physician.25 §1231(20)(9) "Physician" means a physician licensed to practice medicine26 by the Louisiana State Board of Medical Examiners.27 §1231(21)(10) "Volunteer nonprofit organization" means an organization28 which in its regular course of business responds to a call for help and renders29 SB NO. 262 SLS 13RS-1801 ENGROSSED Page 29 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. medical treatment and whose attendants are emergency medical personnel, a1 registered nurse, or a physician and which is chartered as a nonprofit organization2 under Section 501c of the United States Internal Revenue Code, as a volunteer fire3 department by the Louisiana state fire marshal's office, or as a nonprofit organization4 by the Louisiana secretary of state.5 * * *6 §1236.13. Persons in possession of AED's; training, testing, and notification7 requirements; manufacturer responsibility; possession required8 * * *9 B. Any person or entity that possesses an AED shall notify the bureau of10 emergency medical services of the Department of Health and Hospitals and a local11 provider of emergency medical services, such as 911 service, local ambulance12 service, or the fire department of the acquisition, location, and type of AED.13 * * *14 Section 4. R.S. 44:4.1(23) and (26) are hereby amended and reenacted and R.S.15 44:4(48) is hereby enacted to read as follows:16 §4. Applicability17 This Chapter shall not apply:18 * * *19 (48) To any records, writings, accounts, letters, letter books, photographs20 or copies or memoranda thereof, and any report or reports concerning the21 fitness of any person to receive, or continue to hold, a license to practice as an22 EMS practitioner in the custody or control of the Louisiana Board of23 Emergency Medical Services or the Louisiana Emergency Medical Services24 Certification Commission; however, any action taken by the Louisiana Board25 of Emergency Medical Services or the Louisiana Emergency Medical Services26 Certification Commission, and any legal grounds upon which such action is27 based, relative to the fitness of any person to receive, or continue to hold, a28 license to practice as an EMS practitioner shall be a public record.29 SB NO. 262 SLS 13RS-1801 ENGROSSED Page 30 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. * * *1 §4.1. Exceptions2 * * *3 B. The legislature further recognizes that there exist exceptions, exemptions,4 and limitations to the laws pertaining to public records throughout the revised5 statutes and codes of this state. Therefore, the following exceptions, exemptions, and6 limitations are hereby continued in effect by incorporation into this Chapter by7 citation:8 * * *9 (23) R.S. 37:74, 86, 90, 147, 691, 711.10, 763, 763.1, 781, 920.1, 969.1,10 1277, 1278, 1285, 1326, 1518, 1745.15, 1747, 1806, 2156.1, 2406, 2505.1, 3481,11 3507.1, 367712 * * *13 (26) R.S. 40:3.1, 31.14, 31.27, 39.1, 41, 73, 526, 528, 1007, 1098.8, 1232.7,14 1299.6, 1299.35.10, 1299.44, 1299.85, 1299.87, 1300.14, 1300.54, 1379.3, 2009.8,15 2009.14, 2010.5, 2017.9, 2018, 2019, 2020, 2106, 2109.1, 2138, 2532, 2845.1.16 * * *17 Section 5. R.S. 40:1231 through 1231.2, 1232.1, 1232.4, 1232.5, 1233, 1234, 1234.1,18 and 1236.13(F) are hereby repealed.19 Section 6. This Act shall become effective on July 1, 2013.20 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Christopher D. Adams. DIGEST White (SB 262) Proposed law creates the Louisiana Board of Emergency Medical Services (board) within the Department of Health and Hospitals. Proposed law provides for definitions. Proposed law provides the board is to be composed of 17 voting members appointed by the governor, subject to confirmation by the Senate, from the nominations submitted by certain groups as follows: (1)One member representing and nominated by the accredited EMS education programs in the state. SB NO. 262 SLS 13RS-1801 ENGROSSED Page 31 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (2)One EMS education program director representing emergency medical responders, emergency medical technicians and advanced emergency medical technicians educational programs nominated by the Louisiana Association of Nationally Registered Emergency Medical Technicians. (3)One EMS practitioner from a fire-based EMS system nominated by the Louisiana Fire Chief's Association. (4)One paramedic nominated by the Louisiana Association of Nationally Registered Emergency Medical Technicians. (5)One EMT nominated by the Louisiana Association of Nationally Registered Emergency Medical Technicians. (6)One representative from a private EMS provider nominated by the Louisiana Ambulance Alliance. (7)One representative from a public EMS provider nominated by the Louisiana Ambulance Alliance. (8)One representative from an air EMS provider nominated by the Louisiana Ambulance Alliance. (9)One representative nominated by the chairman of the EMS Certification Commission. (10)One representative from an industry-based EMS service nominated by the Louisiana Association of Nationally Registered Emergency Medical Technicians. (11)One EMS practitioner nominated by the Louisiana State Firemen Association. (12)One EMS practitioner nominated by the Professional Fire Fighters Association of Louisiana. (13)One registered nurse who is a state-licensed paramedic nominated by the Louisiana State Council of the Emergency Nurses Association. (14)One emergency physician nominated by the Louisiana Chapter of the American College of Emergency Physicians. (15)One physician representing the EMS physician medical directors nominated by the Louisiana State Medical Society. (16)One administrator of a public EMS provider nominated by the Louisiana State Medical Society. (17)One fire service administrator nominated by the Louisiana Municipal Association. Proposed law establishes terms, procedure in determining initial terms, and term limits. Further establishes the procedure to fill a vacancy on the board and establishes a procedure to call a meeting of the board. Proposed law provides for each day while performing his official duties, a member of the board may be reimbursed for expenses and mileage at the same rate set by the division of administration for state employees under present law. Proposed law provides the board shall be domiciled in Baton Rouge, but offices for the purpose of administering proposed law may be established by the board in other locations. SB NO. 262 SLS 13RS-1801 ENGROSSED Page 32 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Proposed law provides the governor shall remove a member of the board after a hearing by the board during which charges for removal have been established and provided that a majority of the members have recommended removal. Proposed law provides there shall be no civil liability and no licensee or other individual shall have a cause of action or a claim for damages against any person or institution providing information to the board, its members, officers, designated agents or representatives, employees, where the individual or institution acts without malice and in the reasonable belief that such information is accurate. Further provides there shall be no liability on the part of and no action for damages against any member of the board, its officers, employees, agents, or representatives for any action undertaken or performed by such individual within the scope of the duties, powers, and functions of the board when acting without malice and in the reasonable belief that the action taken is within the board's and such individual's authority. Proposed law provides the board with the following powers: (1)Develop a state plan for the prompt and efficient delivery of adequate emergency medical services to acutely sick and injured individuals. (2)Serve as the primary agency for participation in any federal program involving emergency medical services and may receive and, pursuant to legislative appropriation, disburse available federal funds to implement any service program. (3)Identify all public and private agencies, institutions, and individuals that are or may be engaged in emergency medical services training and set minimum standards for course approval, instruction, and examination. (4)Promulgate rules and regulations in accordance with the Administrative Procedure Act (APA) for the following: (a)To define and authorize appropriate education programs based on national EMS education standards for emergency medical services practitioners. All such education programs shall meet or exceed national EMS education standards. (b)To specify minimum operational requirements that shall ensure medical direction, supervision, and control over emergency medical services. (c)To specify minimum examination and continuing education requirements for all emergency medical services practitioners. (d)To provide for the issuance of licenses, renewals of licenses, and requirements for emergency medical services practitioners. (e)To establish fees for licensure and license renewal. (5)Issue a license and renew a license to any duly qualified applicant for licensure and license renewal as an emergency medical services practitioner. (6)Prescribe application forms for licensure and licensure renewal. (7)Adopt requirements and standards of practice approved by the Louisiana Emergency Medical Services Certification Commission (the commission) for emergency medical services practitioners. (8)Conduct investigations as requested by the commission of alleged or suspected improper or prohibited behavior by emergency medical services practitioners or SB NO. 262 SLS 13RS-1801 ENGROSSED Page 33 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. applicants. (9)Deny, withhold, revoke, restrict, probate, suspend, or otherwise restrict licenses of individuals who violate proposed law or the rules promulgated by the board pursuant thereto as directed by the commission. (10)Cause the prosecution of any individual who violates any provision of proposed law. (11)Prepare, publish, and update at least annually a roster of all EMS practitioners in the state, which shall include a mailing address for each EMS practitioner but shall not include the home address or home telephone number of any EMS practitioner who does not authorize such inclusion in writing. The home address and telephone number of every EMS practitioner who does not authorize such inclusion shall be exempted from the Public Records Law. (12)Adopt continuing education requirements and standards for individuals seeking to renew a certificate. (13)Prepare an annual report detailing the activities of the board during the past fiscal year including the number and nature of the hearings conducted under the provisions of present law. (14)Adopt rules and regulations to implement the provisions of proposed law in accordance with the APA. Any rules or regulations promulgated by the department relative to the subject matter of proposed law shall remain in effect until revised or repealed by the board. Any rules or regulations promulgated by the commission, originally created by present law, shall remain in effect until revised or repealed by the board. (15)Adopt and amend the title and the definition of licensed emergency medical services practitioners. (16)Employ an executive director who holds a current license as an EMS practitioner and other persons necessary to implement the board's directives, rules, and regulations and to assist the board in the implementation of proposed law. (17)Appoint an attorney at law to represent the board in all matters pertaining to the administration of the provisions of proposed law, fix his compensation, and define his duties. (18)Have all other powers necessary and proper to the performance of its duties, including but not limited to the power to subpoena. Proposed law provides the board the authority to: (1)Request and obtain state and national criminal history record information on any person applying for any license or permit which the board is authorized by law to issue, including permission to enroll as a student in clinical courses. (2)Require any applicant for any license or permit which the board is authorized to issue, including permission to enroll as a student in clinical courses, to submit a full set of fingerprints, in a form and manner prescribed by the board, as a condition to the board's consideration of his application. (3)Charge and collect from an applicant for any license or permit which the board is authorized to issue, including permission to enroll as a student in clinical courses, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining criminal history record information on the SB NO. 262 SLS 13RS-1801 ENGROSSED Page 34 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. applicant. (4)Regulate students in the clinical phase of their education; however, nothing in proposed law shall require the licensure by the board of students during the clinical phase of their education. (5)Enforce the rules and regulations in place on the effective date of proposed law until such time as the board promulgates rules and regulations in accordance with proposed law. (6)Purchase, lease, maintain, or otherwise contract with respect to immovable property and improvements thereon as it may deem necessary or appropriate to accomplish the provisions of the proposed law. Additionally, the board shall have the authority to borrow funds with the approval of the State Bond Commission and to expend funds of the board for the acquisition of immovable property and improvements thereon. In the event that the board sells immovable property and improvements thereon, the revenue derived from the sale shall be retained by the board and shall not be subject to reversion to the state general fund. (7)Share any information in the custody of the board, including information not subject to the laws relative to public records pursuant to R.S. 44:4(48), with any regulatory or law enforcement agency upon written request of the regulatory or law enforcement agency. (8)Enter into any contract related to its responsibilities in compliance with proposed law and other state laws. (9)Apply for all available appropriate public funds and all available appropriate public and private federal grants, donations, or gifts of money or services from any available source. (10)Accept grants, donations, or gifts of money or services from public or private organizations or from any other sources to be utilized for the purposes of the board. (11)Publish documents and materials intended to further the mission or purpose of the board. Proposed law provides for licensure and license renewal. Proposed law provides for emergency medical personnel training and licensure. Proposed law provides for a fee schedule, which is in present law. Proposed law provides the board with injunctive authority. Proposed law provides that violators of proposed law shall, upon a first conviction, be fined not more than $500 or imprisoned for not more than six months, or both. Proposed law further provides upon a second or subsequent conviction, the offender shall be imprisoned with or without hard labor for not more than two years and fined not more than $500. Proposed law does not apply to the practice of emergency medical services by a legally qualified emergency medical services practitioner who is employed by the United States government, or by any bureau, division, or agency thereof, while in the discharge of his official duties. Proposed law provides for immunity from civil damages for certain entities. Proposed law provides for duties of emergency medical personnel. SB NO. 262 SLS 13RS-1801 ENGROSSED Page 35 of 35 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Proposed law amends present law to clarify the relationship with the commission and the board. Proposed law provides for an exception to the Public Records Law. Effective July 1, 2013. (Amends R.S. 36:258(B), 259(E), R.S. 40:1232, 1232.2(G), 1232.3(A), 1232.6(intro para) and (14), 1232.7(A) and (D), 1232.8, 1236.5(C), and 1236.13(B), R.S. 44:4.1(B)(23) and (26); adds R.S. 37:3671-3685, R.S. 40:1236.8, and R.S. 44:4(48); repeals R.S. 40:1231- 1231.2, 1232.1, 1232.4, 1232.5, 1233, 1234, 1234.1, and 1236.13(F))