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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
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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
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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
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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
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under Section 501(c) 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
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(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 Firemen's6
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, determined28
by lot at the first meeting after the effective date of this Section, as follows:29 SB NO. 262
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(a) Six shall serve until July 1, 2014.1
(b) Six shall serve until July 1, 2015.2
(c) Five shall serve until July 1, 2016.3
(3) No individual shall serve more than two consecutive terms.4
F. Subsequent to the appointment or placement of the initial members,5
the voting members shall be appointed from a list of two nominees for each6
appointment submitted by the appropriate nominating organization. No later7
than thirty days prior to the termination date of a member's term, the8
appropriate nominating organization shall submit a list of nominees to the9
governor. If the appropriate nominating organization fails to submit the10
required list of nominees to the governor within thirty days, the governor shall11
appoint the respective member to fill the vacancy without the nomination list12
required.13
G. Each member shall serve until his successor has been appointed and14
confirmed.15
H. Upon the expiration of the term of any member or in the event of a16
vacancy for any reason, the appropriate nominating organization shall submit17
to the governor the names of two qualified persons for each vacancy to be filled.18
I. A vacancy occurring on the board for any reason shall be filled in the19
same manner as the original appointment was made. However, members20
appointed to fill vacancies shall serve only for the unexpired term of their21
predecessors.22
J. The board shall hold its first meeting no later than sixty days after the23
appointment of the entire board with the first meeting being called by the24
governor. At the first meeting the board shall select a chairman and vice25
chairman. At a minimum, the board shall meet on a quarterly basis and, in26
addition, shall meet when called by the chairman or upon the written request27
of at least nine of the voting members of the board.28
K. For each day while performing his official duties, a member of the29 SB NO. 262
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board may be reimbursed for expenses and mileage at the same rate set by the1
division of administration for state employees under the provisions of R.S.2
39:231.3
L. The board shall be domiciled in Baton Rouge, but offices for the4
purpose of administering the provisions of this Chapter may be established by5
the board in other locations.6
M. The governor shall remove a member of the board after a hearing by7
the board during which charges for removal have been established and8
provided that a majority of the members have recommended removal.9
N.(1) There shall be no civil liability and no licensee or other individual10
shall have a cause of action or a claim for damages against any person or11
institution providing information to the board, its members, officers, designated12
agents or representatives, or employees, when the individual or institution acts13
without malice and in the reasonable belief that such information is accurate.14
(2) There shall be no liability on the part of and no action for damages15
against any member of the board, its officers, employees, agents, or16
representatives for any action undertaken or performed by such individual17
within the scope of the duties, powers, and functions of the board when acting18
without malice and in the reasonable belief that the action taken is within the19
board's and such individual's authority.20
§3673. Powers and duties of the board; exceptions21
A. In order to establish and maintain a program for the improvement22
and regulation of emergency medical services in the state, the board shall:23
(1) Develop a state plan for the prompt and efficient delivery of adequate24
emergency medical services to acutely sick and injured individuals.25
(2) Serve as the primary agency for participation in any federal program26
involving emergency medical services and may receive and, pursuant to27
legislative appropriation, disburse available federal funds to implement any28
service program.29 SB NO. 262
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(3) Identify all public and private agencies, institutions, and individuals1
that are or may be engaged in emergency medical services training and set2
minimum standards for course approval, instruction, and examination.3
(4) Promulgate rules and regulations in accordance with the4
Administrative Procedure Act for the following:5
(a) To define and authorize appropriate education programs based on6
national EMS education standards for emergency medical services7
practitioners. All such education programs shall meet or exceed national EMS8
education standards.9
(b) To specify minimum operational requirements that shall ensure10
medical direction, supervision, and control over emergency medical services.11
(c) To specify minimum examination and continuing education12
requirements for all emergency medical services practitioners.13
(d) To provide for the issuance of licenses, renewals of licenses, and14
requirements for emergency medical services practitioners.15
(e) To establish fees for licensure and license renewal.16
(5) Issue a license and renew a license to any duly qualified applicant for17
licensure and license renewal as an emergency medical services practitioner.18
(6) Prescribe application forms for licensure and licensure renewal.19
(7) Adopt requirements and standards of practice approved by the20
Louisiana Emergency Medical Services Certification Commission for21
emergency medical services practitioners.22
(8) Conduct investigations as requested by the Louisiana Emergency23
Medical Services Certification Commission of alleged or suspected improper or24
prohibited behavior by emergency medical services practitioners or applicants.25
(9) Deny, withhold, revoke, restrict, probate, suspend, or otherwise26
restrict licenses of individuals who violate this Chapter or the rules27
promulgated by the board pursuant thereto as directed by the Louisiana28
Emergency Medical Services Certification Commission.29 SB NO. 262
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(10) Cause the prosecution of any individual who violates any provision1
of this Chapter.2
(11) Prepare, publish, and update at least annually a roster of all EMS3
practitioners in the state, which shall include a mailing address for each EMS4
practitioner but shall not include the home address or home telephone number5
of any EMS practitioner who does not authorize such inclusion in writing. The6
home address and telephone number of every EMS practitioner who does not7
authorize such inclusion shall be exempted from the Public Records Law.8
(12) Adopt continuing education requirements and standards for9
individuals seeking to renew a certificate.10
(13) Prepare an annual report detailing the activities of the board during11
the past fiscal year including the number and nature of the hearings conducted12
under the provisions of R.S. 37:3677.13
(14) Adopt rules and regulations to implement the provisions of this14
Chapter in accordance with the Administrative Procedure Act. Any rules or15
regulations promulgated by the department relative to the subject matter of this16
Chapter shall remain in effect until revised or repealed by the board. Any rules17
or regulations promulgated by the former Louisiana Emergency Medical18
Services Certification Commission, originally created by Act 913 of the 199719
Regular Session of the Legislature, shall remain in effect until revised or20
repealed by the board.21
(15) Adopt and amend the title and the definition of licensed emergency22
medical services practitioners.23
(16) Employ an executive director who holds a current license as an EMS24
practitioner and other persons necessary to implement the board's directives,25
rules, and regulations and to assist the board in the implementation of this26
Chapter.27
(17) Appoint an attorney at law to represent the board in all matters28
pertaining to the administration of the provisions of this Chapter, fix his29 SB NO. 262
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compensation, and define his duties.1
(18) Have all other powers necessary and proper to the performance of2
its duties, including but not limited to the power to subpoena.3
B. The board shall have the authority to:4
(1) Request and obtain state and national criminal history record5
information on any person applying for any license or permit which the board6
is authorized by law to issue, including permission to enroll as a student in7
clinical courses.8
(2) Require any applicant for any license or permit which the board is9
authorized to issue, including permission to enroll as a student in clinical10
courses, to submit a full set of fingerprints, in a form and manner prescribed by11
the board, as a condition to the board's consideration of his application.12
(3) Charge and collect from an applicant for any license or permit which13
the board is authorized to issue, including permission to enroll as a student in14
clinical courses, in addition to all other applicable fees and costs, such amount15
as may be incurred by the board in requesting and obtaining criminal history16
record information on the applicant.17
(4) Regulate students in the clinical phase of their education; however,18
nothing in this Subsection shall require the licensure by the board of students19
during the clinical phase of their education.20
(5) Enforce the rules and regulations in place on the effective date of this21
Chapter until such time as the board promulgates rules and regulations in22
accordance with this Section.23
(6) Purchase, lease, maintain, or otherwise contract with respect to24
immovable property and improvements thereon as it may deem necessary or25
appropriate to accomplish the provisions of this Chapter. Additionally, the26
board shall have the authority to borrow funds with the approval of the State27
Bond Commission and to expend funds of the board for the acquisition of28
immovable property and improvements thereon. In the event that the board29 SB NO. 262
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sells immovable property and improvements thereon, the revenue derived from1
the sale shall be retained by the board and shall not be subject to reversion to2
the state general fund.3
(7) Share any information in the custody of the board, including4
information not subject to the laws relative to public records pursuant to R.S.5
44:4(48), with any regulatory or law enforcement agency upon written request6
of the regulatory or law enforcement agency.7
(8) Enter into any contract related to its responsibilities in compliance8
with this Chapter and other state laws.9
(9) Apply for all available appropriate public funds and all available10
appropriate public and private federal grants, donations, or gifts of money or11
services from any available source.12
(10) Accept grants, donations, or gifts of money or services from public13
or private organizations or from any other sources to be utilized for the14
purposes of the board.15
(11) Publish documents and materials intended to further the mission or16
purpose of the board.17
C. Except as they relate to scope of practice or patient care issues, the18
provisions of Paragraphs (A)(8), (10), and (11) of this Section shall not apply to19
anyone who is a volunteer of or employed by the state of Louisiana or another20
public entity, a municipal fire department, a fire protection district, or a21
volunteer fire department who has successfully completed an education22
program based on national EMS education standards and who possesses a23
current national certification and state license, until the board has forwarded24
the nonmedical practice complaint to the local governing body and received a25
response with investigative results and any disciplinary disposition. In the event26
that the local governing body does not send a response or request for extension27
to the board within sixty days after receipt of the complaint, the board may28
proceed with the powers and duties as defined in Subsection A of this Section.29 SB NO. 262
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Notwithstanding any law to the contrary, in the event the board determines by1
a two-thirds vote of the seated membership of the board that public health and2
safety would be jeopardized by waiting for a response from the local governing3
authority, the board shall have the right to exercise its powers and duties as4
provided in Subsection A of this Section without receipt of an investigative5
report from the local governing authority or the expiration of the sixty day6
period as provided in this Subsection.7
R.S. 40:1232.5. §3674. License; requirements; renewal8
A. Applicants for initial licensure as emergency medical services9
practitioners shall submit the following evidence to the bureau board:10
(1) Completion of the required approved educational program.11
(2) Documentation that the applicant meets the qualifications and12
requirements as established by the bureau board.13
B. In lieu of the evidence required by Subsection A of this Section, an14
applicant may submit evidence that he has been duly licensed or certified in another15
state, territory, or country or has received military training and certification or16
license as emergency medical services practitioner as defined in R.S. 40:123117
37:3671, and meets the qualifications and requirements established by the bureau18
board.19
C.(1) The license shall be renewed every two years provided the applicant20
seeking renewal completes the application and meets the requirements for renewal21
established by the bureau board prior to the expiration date on his current license.22
(2) An individual whose license expires by his failure to renew as provided23
may be reinstated provided the applicant submits a completed application and meets24
any additional requirements established by the bureau board for an individual who25
has failed to timely renew his license.26
§3675. Emergency medical personnel training; licensure27
A. An individual petitioning for licensure or license renewal as an28
emergency medical services practitioner shall submit an application to the29 SB NO. 262
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board on forms provided by the board. The application shall be accompanied1
by the appropriate fee.2
B. The board shall affirmatively provide that there is no discrimination3
toward any individual in the licensure process on the basis of race, religion,4
creed, national origin, sex, or age.5
R.S. 40:1232.1. §3676. Fee schedule; fees for license prohibited6
A.(1) The bureau board shall not require or collect any fee or charges for7
licensure or license renewal of emergency medical services practitioners who serve8
as such on a voluntary basis and who receive no compensation of any kind for such9
services.10
(2) The bureau board shall not set the fee for licensure of an emergency11
medical technician to exceed fifteen dollars for any individual who is an employee12
or volunteer of the state of Louisiana or another public entity, a municipal fire13
department, a fire protection district, a volunteer fire department, or a municipal law14
enforcement agency who does not perform emergency medical services outside of15
the individual's official governmental responsibilities for any form of compensation.16
(3) The bureau board shall not set the fee for license renewal of an17
emergency medical technician to exceed ten dollars for any individual who is an18
employee or volunteer of the state of Louisiana or another public entity, a municipal19
fire department, a fire protection district, a volunteer fire department, or a municipal20
law enforcement agency who does not perform emergency medical services outside21
of the individual's official governmental responsibilities for any form of22
compensation.23
B. Except as provided in Subsection A of this Section, the bureau board shall24
assess fees for testing and licenses in amounts not to exceed the amounts based on25
the following schedule:26
(1) Test fees: Fee27
(a) Emergency medical responder - written only $ 15.0028
(b) Emergency medical responder - written only29 SB NO. 262
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(out of state) 15.001
(c) Emergency medical technician initial written & practical 60.002
(d) Emergency medical technician entire practical exam 30.003
(e) Emergency medical technician partial practical 15.004
(f) Emergency medical technician testing/retesting-written only 15.005
(g) Emergency medical technician testing/retesting-written only6
(out of state) 15.007
(h) Advanced emergency medical technician initial8
written & practical 75.009
(i) Advanced emergency medical technician initial written 10
& practical (out of state) 100.0011
(j) Advanced emergency medical technician retest entire12
practical 50.0013
(k) Advanced emergency medical technician retest entire14
practical (out of state) 65.0015
(l) Advanced emergency medical technician retest partial16
practical 30.0017
(m) Advanced emergency medical technician retest partial18
practical (out of state) 30.0019
(n) Advanced emergency medical technician testing/retesting-20
written only (exam only) 15.0021
(o) Advanced emergency medical technician testing/retesting-22
written only (exam only) (out of state) 15.0023
(p) Paramedic initial written & practical 90.0024
(q) Paramedic initial written & practical (out of state)125.0025
(r) Paramedic retesting-entire practical 60.0026
(s) Paramedic retesting-entire practical (out of state)75.0027
(t) Paramedic retesting-partial practical 35.0028
(u) Paramedic retesting-partial practical (out of state)40.0029 SB NO. 262
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(v) Paramedic testing/retesting written 15.001
(w) Paramedic testing/retesting written (out of state)15.002
(2) License fees3
(a) Emergency medical responder 10.004
(b) Emergency medical technician 30.005
(c) Advanced emergency medical technician 40.006
(d) Paramedic 50.007
(3) Recertification8
(a) Emergency medical responder 5.009
(b) Emergency medical technician 25.0010
(c) Advanced emergency medical technician 35.0011
(d) Paramedic 45.0012
(4) Reciprocity13
(a) Emergency medical technician 60.0014
(b) Advanced emergency medical technician 80.0015
(c) Paramedic 100.0016
C. The department board may adopt rules and regulations in accordance with17
the Administrative Procedure Act to provide for the collection of fees required by the18
fee schedule provided in this Section.19
D. All money paid to the board shall be held subject to the order of the20
board to be used only for the purpose of meeting necessary expenses incurred21
in the performance of this Chapter, and the duties imposed thereby.22
R.S. 40:1232.9. §3677. Violations23
No person or individual shall engage in any of the following activities:24
(1) Sell, or attempt to sell, falsely obtain, or furnish to any person any25
emergency medical services practitioner diploma, license document, or record, or aid26
or abet therein.27
(2) Practice as an emergency medical services practitioner under any diploma28
or certificate illegally obtained or signed or issued unlawfully.29 SB NO. 262
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(3) Practice as an emergency medical services practitioner unless licensed to1
do so under the provisions of this Subpart Chapter.2
(4) Use in connection with his name any designation tending to imply that he3
is an emergency medical services practitioner unless duly authorized to practice4
under the provisions of this Subpart Chapter.5
(5) Practice as an emergency medical services practitioner during the time the6
license issued under the provisions of this Subpart Chapter is suspended or revoked.7
(6) Practice as an emergency medical services practitioner during the time his8
license has lapsed by reason of his intentional failure to renew the license.9
(7) Conduct or serve as an educator in conducting any course claiming to10
prepare students for license as emergency medical services practitioner under the11
provisions of this Subpart Chapter, unless both the course and the educator have12
been approved by the bureau board.13
(8) Knowingly aid or abet another person in the violation of this Subpart14
Chapter.15
§3678. Injunction16
The board may obtain an injunction without bond forbidding any person17
from violating or continuing to violate any of the provisions of this Chapter.18
This injunction shall not be subject to release upon bond.19
R.S. 40:1232.10. §3679. Prosecution20
A. Any person who violates the provisions of R.S. 40:1232.9 37:3677 shall21
be subject to prosecution. This prosecution shall be brought in the name of the state,22
provided the provisions of this Subpart Chapter shall not prevent or interfere with23
a prosecution brought by the district attorney of a parish when a prosecution or a pre-24
prosecution proceeding has been initiated by the district attorney.25
B. Whoever is found guilty of violating any provision of R.S. 40:1232.926
37:3677 shall, upon a first conviction, be fined not more than five hundred dollars27
or imprisoned for not more than six months, or both. Upon a second or subsequent28
conviction, the offender shall be imprisoned with or without hard labor for not more29 SB NO. 262
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than two years and fined not more than five thousand dollars.1
§3680. Exceptions2
This Chapter shall not apply to the practice of emergency medical3
services by a legally qualified emergency medical services practitioner who is4
employed by the United States government, or by any bureau, division, or5
agency thereof, while in the discharge of his official duties.6
R.S. 40:1233.§3681. Civil immunity7
A.(1) Any emergency medical services practitioner, licensed pursuant to the8
provisions of this Subpart Chapter who renders emergency medical care to an9
individual while in the performance of his medical duties and following the10
instructions of a physician shall not be individually liable to such an individual for11
civil damages as a result of acts or omissions in rendering the emergency medical12
care, except for acts or omissions intentionally designed to harm, or for grossly13
negligent acts or omissions which result in harm to such an individual. Nothing14
herein shall relieve the driver of the emergency vehicle from liability arising from15
the operation or use of such vehicle.16
(2) The immunity granted to emergency medical services practitioners by the17
provisions of this Subpart Chapter shall extend to parish governing authorities,18
police departments, sheriffs' offices, fire departments, or other public agencies19
engaged in rendering emergency medical services and its insurers with respect to20
such emergency medical services unless the emergency medical services practitioner21
employed by such agencies would be personally liable under the provisions of22
Paragraph (1) of this Subsection.23
B. Any physician who provides instructions to any emergency medical24
services practitioner by use of electronic or other means of transmission in25
connection with the rendering of emergency medical services to an individual shall26
not be liable unto such practitioner or to an individual or both for civil damages27
arising from his opinion, judgments, actions, or duties, except for acts or omissions28
intentionally designed to harm, or for grossly negligent acts or omissions which29 SB NO. 262
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result in harm to the individual, while exercising that degree of skill and care1
ordinarily employed by members of his profession in good standing.2
C. No hospital facility which that allows the use of telemetry or other3
equipment to maintain contact between an emergency medical services practitioner4
and a physician shall be liable for any civil damages arising out of the use of such5
equipment except for acts or omissions by hospital personnel that are grossly6
negligent which that result in harm to an individual.7
D. No registered nurse, licensed emergency medical services practitioner, or8
other health professional licensed in Louisiana who supervises, instructs, or trains9
emergency medical services practitioners in accordance with curricula developed or10
adopted by the bureau board shall be liable for any civil damages arising out of the11
actions or negligence of the emergency medical personnel whom he supervised,12
educated, or trained.13
E. There shall be no cause of action or civil liability, and no license holder14
or applicant shall have any cause of action or any claim for damages against any15
individual, person, or institution providing information to the commission or its16
agents or employees when that individual, person, or institution acts without malice17
and when there is a reasonable belief that such information is accurate.18
F. The provisions of this Section shall not be interpreted to provide any19
additional immunities that were not provided by R.S. 40:1233 prior to the20
effective date of this Section.21
R.S. 40:1231.2. §3682. Immunity from civil damages22
A. No parish, specialty, component, or state medical society or organization,23
or its designee, which is statutorily mandated by this Part Chapter to participate24
without compensation or gratuitously participates in an emergency services system,25
nor any committee of such parish, specialty, component, or state medical society or26
organization, including the individual members of such committee, or its designee,27
shall be liable for any civil damages as a result of any act or omission in the28
performance of their administrative duties or donated services with such emergency29 SB NO. 262
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services system, including, without limitation, advice, instructions, or other duties1
regarding policy, protocol, administration, and efficiency of the emergency medical2
services system. The immunity extended to a parish, specialty, component, or state3
medical society or organization, or any committee thereof, including the individual4
members of such committee, including their insurers, or its designee, shall not be5
applicable for willful or wanton acts or omissions. The immunity extended herein6
shall be applicable only to an action brought by the person damaged as a result of the7
performance of any administrative duties or donated services rendered pursuant to8
the provisions of this Section.9
B. The provisions of this Section shall not be interpreted to provide any10
additional immunities that were not provided by R.S. 40:1231.2 prior to the11
effective date of this Section.12
R.S. 40:1234. §3683. Duties of emergency medical personnel13
A.(1) A licensed emergency medical services practitioner may perform any14
of the following functions:15
(a) Services, treatment, and procedures consistent with national EMS16
education standards that have been approved and adopted by the bureau board, and17
to the extent that he has been trained to perform such services.18
(b) Administration of other drugs or procedures for which the licensed19
emergency medical services practitioner has received training, license, and approval20
by the commission and which may be considered necessary by the ordering21
physician.22
(2) The functions authorized by Paragraph (1) of this Subsection may be23
performed by the licensed emergency medical services practitioner while he is caring24
for a patient or at the scene of a medical or other emergency where voice contact is25
established with a physician and under the physician's order; or under a protocol that26
has been approved by the local parish medical society or the emergency medical27
services practitioner's medical director, until voice communication with the28
physician is established.29 SB NO. 262
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B. An emergency medical services practitioner student may, while he is1
enrolled in good standing in a state approved clinical or field internship program2
under the direct supervision of a physician, registered nurse, paramedic, or other3
preceptor recognized by the bureau board:4
(1) Perform services, treatments, and procedures consistent with national5
EMS education standards that have been approved and adopted by the bureau board,6
and to the extent that he has been trained to perform such services.7
(2) Administer automated cardiac defibrillation in accordance with rules and8
regulations promulgated by the bureau board in accordance with the Administrative9
Procedure Act and a protocol that shall be approved by the local parish medical10
society, or its designee, and the local physician medical director.11
C. In a case of a life-threatening situation as determined by a licensed12
emergency medical services practitioner, when voice contact with a physician is13
delayed, not possible, or when the delay in treatment could endanger the life of the14
patient, such a person may render services, in accordance with a protocol that shall15
be established by the emergency medical services committee or the executive16
committee of the parish or component medical society, or its designee, until voice17
communication can be established at the earliest possible time.18
D. Any individual, education organization, organization, or other entity19
violating the provisions of this Section shall be guilty of a misdemeanor, conviction20
of which shall subject the offender to a fine of not less than five hundred dollars nor21
more than one thousand dollars for each separate offense.22
E. In the event that there is no organized or functional local parish medical23
society in a parish of the state, the provisions of this Section which require the24
approval of an emergency medical service protocol by the local parish medical25
society or its designee may be performed by a parish or multiparish medical society26
which is adjacent or contiguous to the parish without an organized or functional local27
parish medical society. In the absence of such adjacent or contiguous parish or28
multiparish medical society, the district medical society shall approve an emergency29 SB NO. 262
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medical service protocol for the parish without an organized or functional local1
parish medical society. In the event the district medical society does not approve an2
emergency medical service protocol for the parish without an organized or functional3
local parish medical society, the disaster and emergency medical services committee4
of the Louisiana State Medical Society shall approve an emergency medical service5
protocol for the parish without an organized or functional local parish medical6
society.7
F. The department shall promulgate rules and regulations establishing basic8
guidelines for statewide emergency medical service protocols. Such rules and9
regulations shall be based on the recommendations of the Louisiana State Medical10
Society's disaster and emergency medical services committee, which shall serve as11
an advisory committee to the department for this purpose.12
R.S. 40:1234.1. §3684. Hazardous substance transportation emergencies; payment13
for emergency medical services14
A. The person or entity who in the course of transporting hazardous15
substances or materials causes or contributes to a discharge of a hazardous substance16
or material that causes an emergency condition shall be obligated to pay the17
reasonable costs of any emergency medical services provider whose presence or18
service, including standby, is requested at such hazardous substance emergency by19
any person authorized by the Department of Public Safety and Corrections or the20
Department of Environmental Quality to respond to a hazardous substance21
transportation emergency. Nothing is in this Section shall affect the rights of any22
party to recover under any other provision of law.23
B. The provisions of this Section shall not be interpreted to provide any24
additional immunities that were not provided by R.S. 40:1234.1 prior to the25
effective date of this Section. 26
§3685. Transition provisions27
For one year following the effective date of this Chapter, the department28
shall provide to the board information technology and legal support functions,29 SB NO. 262
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and shall provide technical assistance regarding purchasing, payroll, and1
budget matters.2
Section 3. R.S. 40:1232, 1232.2(G), 1232.3(A), the introductory paragraph of 1232.63
and (14), 1232.7(A) and (D),1232.8, 1236.5(C) and 1236.13(B) are hereby amended and4
reenacted and R.S. 40:1236.8 is hereby enacted to read as follows:5
SUBPART B. EMERGENCY MEDI CAL PERSONNEL6
§1232. Emergency medical personnel training; certification Definitions7
A. The bureau shall promulgate rules and regulations in accordance with the8
Administrative Procedure Act for the following:9
(1) To define and authorize appropriate education programs based on national10
EMS education standards for emergency medical services practitioners. All such11
education programs shall meet or exceed national EMS education standards.12
(2) To specify minimum operational requirements which will ensure medical13
direction, supervision, and control over emergency medical services.14
(3) To specify minimum examination and continuing education requirements15
for all emergency medical services practitioners.16
(4) To provide for the issuance of licenses, renewals of licenses, and17
requirements for emergency medical services practitioners.18
(5) To establish fees for licensure and license renewal.19
B. An individual petitioning for licensure or license renewal as an emergency20
medical services practitioner shall submit an application to the bureau on forms21
provided by the bureau. The application shall be accompanied by the appropriate fee.22
C. The bureau shall affirmatively provide that there is no discrimination23
toward any individual in the certification process on the basis of race, religion, creed,24
national origin, sex, or age. The words and terms not otherwise defined in this25
Subpart shall have the same meaning as provided in R.S. 37:3671.26
* * *27
§1232.2. Louisiana Emergency Medical Services Certification Commission;28
creation; membership; qualifications; terms; vacancies; meetings;29 SB NO. 262
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officers; compensation; domicile1
* * *2
G. Subsequent to the appointment of the initial members, the voting members3
shall be appointed from a list of two nominees for each appointment submitted by4
the task force Louisiana Board of Emergency Medical Services. No later than5
thirty days prior to the termination date of a member's term, the task force Louisiana6
Board of Emergency Medical Services shall submit a list of nominees to the7
governor. If the Louisiana State Nurses Association or the task force Louisiana8
Board of Emergency Medical Services fails to submit the required list of nominees9
to the governor within thirty days, the governor shall appoint the respective member10
to fill the vacancy without the nomination list required.11
* * *12
§1232.3. Powers and duties of the commission; exceptions13
A. The commission shall:14
(1) Recommend to the bureau Louisiana Board of Emergency Medical15
Services requirements and standards of practice for individuals seeking to be16
certified under this Subpart as EMS practitioners.17
(2) Approve requirements and standards of practice submitted by the bureau18
Louisiana Board of Emergency Medical Services for emergency medical services19
practitioners consistent with this Subpart.20
(3) Recommend continuing education requirements and standards to the21
bureau Louisiana Board of Emergency Medical Services in accordance with22
criteria established by the National Registry of Emergency Medical Technicians for23
individuals seeking to renew a license.24
(4) Conduct disciplinary hearings for emergency medical personnel EMS25
practitioners.26
(5) Request that the bureau Louisiana Board of Emergency Medical27
Services conduct investigations as necessary.28
(6) Cause the prosecution of any individual who violates any provision of this29 SB NO. 262
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Subpart.1
(7) Maintain a record of all commission proceedings.2
(8) Adopt rules and regulations to implement the provisions of this Subpart3
in accordance with the Administrative Procedure Act, R.S. 49:950 et seq.4
* * *5
§1232.6. Grounds for disciplinary proceedings6
The commission may discipline emergency medical services practitioners by7
directing the bureau Louisiana Board of Emergency Medical Services to deny,8
withhold, revoke, restrict, probate, or suspend a license to practice as an emergency9
medical services practitioner, impose fines and assess costs, or otherwise discipline10
an emergency medical services practitioner, and the commission may direct the11
bureau Louisiana Board of Emergency Medical Services to limit, restrict, or deny12
a student emergency medical services practitioner from entering or continuing the13
clinical phase of EMS education for the following causes:14
* * *15
(14) Has violated any rules and regulations of the commission or the bureau16
Louisiana Board of Emergency Medical Services or any provision of this Subpart.17
* * *18
§1232.7. Hearings of the commission; appeal of decision19
A. If the commission determines there are grounds for a disciplinary20
proceeding against an individual based upon an investigation by the bureau21
Louisiana Board of Emergency Medical Services, the chairman of the commission22
shall set a time and place for a hearing. No later than ten days prior to the date set for23
the hearing, the commission shall send notice of the time and place for the hearing24
and an explanation of the grounds for the disciplinary proceedings to the individual25
by registered mail, return receipt requested, at his last known address as it appears26
on the records of the bureau Louisiana Board of Emergency Medical Services.27
* * *28
D. Notice of the commission's decision to revoke, restrict, suspend, or deny29 SB NO. 262
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a license shall be sent to the individual under investigation by registered mail, return1
receipt requested, at his last known address as it appears on the records of the bureau2
Louisiana Board of Emergency Medical Services.3
* * *4
§1232.8. Injunction5
The commission, through the bureau Louisiana Board of Emergency6
Medical Services, may obtain an injunction without bond forbidding any person7
from violating or continuing to violate any of the provisions of this Subpart. This8
injunction shall not be subject to release upon bond.9
* * *10
§1236.5. Emergency medical technician fund11
* * *12
C. The monies in the fund shall be appropriated to the Department of Health13
and Hospitals Louisiana Board of Emergency Medical Services solely for14
purchasing equipment for the testing of applicants for certification as an emergency15
medical technician and to cover other testing-related costs. All unexpended and16
unencumbered monies remaining in the fund at the close of each fiscal year shall17
remain in the fund. Monies in the fund shall be invested by the state treasurer in the18
same manner as monies in the state general fund. All interest earned from the19
investment of monies in the fund shall be deposited and remain to the credit of the20
fund.21
* * *22
§1236.8. Definitions23
For purposes of this Subpart:24
§1231(1)(1) "Air ambulance" means any aircraft, either fixed-wing or rotary-25
winged, designed and operated as a part of a regular course of conduct or business26
to transport a sick or injured individual or which that is advertised or otherwise held27
out to the public as such.28
§1231(2)(2) "Air ambulance service" means any person, firm, association,29 SB NO. 262
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or government entity owning, controlling, or operating any business or service which1
that furnishes, operates, conducts, maintains, advertises, engages in, proposes to2
engage in, or professes to engage in the business or service of transporting, in air3
ambulances, individuals who may need medical attention during transport.4
§1231(3)(3) "Ambulance" means any authorized emergency vehicle,5
equipped with warning devices, designed and operated as a part of a regular course6
of conduct or business to transport a sick or injured individual or which that is7
advertised or otherwise held out to the public as such. "Ambulance" shall not mean8
a hearse or other funeral home vehicle utilized for the transportation of the dead.9
§1231(4)(4) "Ambulance service" or "ambulance provider" means any10
person, firm, association, or government entity owning, controlling, or operating any11
business or service which that furnishes, operates, conducts, maintains, advertises,12
engages in, proposes to engage in, or professes to engage in the business or service13
of transporting, in ambulances, individuals who may need medical attention during14
transport. However, "ambulance service" and "ambulance provider" shall not include15
any of the following:16
(a) An agency of the federal government.17
(b) A volunteer nonprofit organization or municipal nonprofit organization18
operating an invalid coach or coaches.19
(c) An entity rendering assistance to a licensed ambulance or ambulances in20
the case of a major disaster.21
(d) A licensed hospital providing nonemergency, noncritical interhospital22
transfer and patient transportation for diagnostic and therapeutic purposes when such23
transportation originates at a licensed hospital.24
(e) An entity operating an ambulance or ambulances from a location outside25
of the state to transport patients from a location outside of the state to a location26
inside the state or to transport a patient or patients from a medical facility inside of27
the state to a location outside of the state.28
(f) An entity providing transportation to employees who become sick or29 SB NO. 262
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injured during the course of their employment from a job site to the nearest1
appropriate medical facility.2
§1231(8)(5) "Department" means the Department of Health and Hospitals.3
§1231(9)(6) "Emergency medical response vehicle" means a marked4
emergency vehicle with fully visual and audible warning signals operated by a5
certified ambulance service, the primary purpose of which is to respond to the scene6
of a medical emergency to provide emergency medical stabilization or support, or7
command, control, and communications, but which that is not an ambulance8
designed or intended for the purpose of transporting a victim from the scene to a9
medical facility regardless of its designation. Included are such vehicles referred to10
but not limited to the designation as "sprint car", "quick response vehicle", "special11
response vehicle", "triage trucks", "staff cars", "supervisor units", and other similar12
designations. Emergency medical response vehicles shall not include fire apparatus13
and law enforcement patrol vehicles which that carry first aid or emergency medical14
supplies and which that respond to medical emergencies as part of their routine15
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 that in22
its regular course of business responds to a call for help and renders medical23
treatment and whose attendants are emergency medical personnel, a registered nurse,24
or a 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 that in its regular course of business responds to a call for help and renders29 SB NO. 262
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medical treatment and whose attendants are emergency medical personnel, a1
registered nurse, or a physician and which that is chartered as a nonprofit2
organization under Section 501(c) of the United States Internal Revenue Code, as a3
volunteer fire department by the Louisiana state fire marshal's office, or as a4
nonprofit organization 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
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* * *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 was prepared by Christopher D. Adams. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Nancy Vicknair.
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 SB NO. 262
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in the state.
(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. SB NO. 262
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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.
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, or employees, when 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. SB NO. 262
SLS 13RS-1801 REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(8)Conduct investigations as requested by the commission of alleged or suspected
improper or prohibited behavior by emergency medical services practitioners or
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 SB NO. 262
SLS 13RS-1801 REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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
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. SB NO. 262
SLS 13RS-1801 REENGROSSED
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 provides for duties of emergency medical personnel.
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))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Make technical changes.