SLS 19RS-437 ORIGINAL
2019 Regular Session
SENATE BILL NO. 210
BY SENATOR BOUDREAUX
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEALTH SERVICES. Provides relative to emergency medical services. (8/1/19)
1 AN ACT
2 To amend and reenact R.S. 40:1131(6), 1133.2(B)(1), 1133.3(B)(1)(b), (2) and (D),
3 1133.14(A)(2) and (C), and R.S. 44:4.1(B)(26), and to enact R.S. 40:1131(24)
4 through (26), 1133.4(A)(9) and (10), 1133.4.1, and R.S. 44:4 (57); to provide for
5 definitions of emergency services professionals, inactive practitioners, and for
6 reciprocity; to provide relative to fees and examinations required for licensing
7 emergency services personnel; to provide relative to the Louisiana Emergency
8 Medical Services Certification Commission; to provide relative to the powers and
9 duties of the commission; to provide for authority for obtaining criminal history
10 records in certain circumstances; and to provide for related matters.
11 Be it enacted by the Legislature of Louisiana:
12 Section 1. R.S. 40:1131(6), 1133.2(B)(1), 1133.3(B)(1)(b), (2) and (D),
13 1133.14(A)(2) and (C), are hereby amended and reenacted and R.S.40:1131(24) through
14 (26), 1133.4(A)(9) and (10), and 1133.4.1 are hereby enacted to read as follows:
15 §1131. Definitions
16 For purposes of this Chapter:
17 * * *
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1 (6) "Bureau" or "Bureau of EMS" means the Louisiana Department of
2 Health, bureau of emergency medical services.
3 * * *
4 (24) "EMS Professional" means an EMS Practitioner (paramedic,
5 advanced emergency medical technician, emergency medical technician, or
6 emergency medical responder) who is licensed to practice in the state of
7 Louisiana and is certified by the National Registry of EMTs, as applicable.
8 (25) "Inactive" means an EMS practitioner who is not employed by an
9 EMS provider or an EMS practitioner who does not have a medical director
10 who can verify psychomotor skill competency.
11 (26) "Reciprocity" means the application process by which an EMS
12 practitioner who is licensed or certified in another state or who has completed
13 the National Registry certification process in another state becomes licensed by
14 the Bureau of EMS in Louisiana.
15 * * *
16 §1133.2. Fee schedule; fees for license prohibited
17 A. * * *
18 B. Except as provided in Subsection A of this Section, the bureau shall assess
19 fees for testing and licenses based on the following schedule:
20 (1) Test Exam fees:
21 (a) Emergency medical responder - written only $ 15.00
22 (b) Emergency medical responder - written only (out of state) 15.00
23 (c)(a) Emergency medical technician initial written & practical full
24 psychomotor exam 60.00
25 (d) Emergency medical technician entire practical exam 30.00
26 (e)(b) Emergency medical technician partial practical psychomotor exam
27 15.00
28 (f) Emergency medical technician testing/retesting-written only 15.00
29 (g) Emergency medical technician testing/retesting-written only (out of
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SLS 19RS-437 ORIGINAL
1 state)15.00
2 (h)(c) Advanced emergency medical technician initial written & practical full
3 psychomotor exam 75.00
4 (i)(d) Advanced emergency medical technician initial written & practical full
5 psychomotor exam (out of state) 100.00
6 (j) Advanced emergency medical technician retest entire practical 50.00
7 (k) Advanced emergency medical technician retest entire practical (out of
8 state) 65.00
9 (l)(e) Advanced emergency medical technician retest partial practical
10 psychomotor exam 30.00
11 (m)(f) Advanced emergency medical technician retest partial practical
12 psychomotor exam (out of state) 30.00
13 (n) Advanced emergency medical technician testing/retesting-written only
14 (exam only) 15.00
15 (o) Advanced emergency medical technician testing/retesting-written only
16 (exam only) (out of state) 15.00
17 (p)(g) Paramedic initial written & practical full psychomotor exam 90.00
18 (q)(h) Paramedic initial written & practical full psychomotor exam (out of
19 state) 125.00
20 (r) Paramedic retesting-entire practical 60.00
21 (s) Paramedic retesting-entire practical (out of state 75.00
22 (t)(i) Paramedic retesting-partial practical psychomotor exam 35.00
23 (u)(j) Paramedic retesting-partial practical psychomotor exam
24 (out of state) 40.00
25 (v) Paramedic testing/retesting written 15.00
26 (w) Paramedic testing/retesting written (out of state) 15.00
27 * * *
28 §1133.3. Louisiana Emergency Medical Services Certification Commission;
29 creation; membership; qualifications; terms; vacancies; meetings;
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1 officers; compensation; domicile
2 A. * * *
3 B.(1) The commission shall be composed of eleven fourteen voting members
4 appointed by the governor as follows:
5 * * *
6 (b) Two Five EMS practitioners licensed paramedics and one licensed
7 emergency medical technician who are approved as emergency medical services
8 educators affiliated with an EMS education program approved by the bureau. At
9 least one of the members as provided in this Subparagraph shall be appointed by the
10 Louisiana Fire Chiefs Association.
11 * * *
12 (2) The commission shall also have one voting One member appointed by the
13 governor who is a registered nurse and who is a state-licensed paramedic to be
14 nominated by the Louisiana State Nurses Association from a list of two names
15 submitted by the Louisiana Emergency Nurses Association.
16 * * *
17 D.(1) The initial voting members of the commission shall be appointed no
18 later than October 1, 1997, from a list of two nominees for each appointment
19 submitted by the task force. If the task force fails to submit a list of nominees to the
20 governor by September 1, 1997, the governor shall appoint the respective members
21 of the commission without the nomination list required by this Section.
22 (2) The nonvoting member shall be appointed to serve terms of three years.
23 The initial member shall be appointed by the governor to an initial term of three
24 years by October 1, 1997 or within thirty days of receipt of the list from the
25 Louisiana State Nurses Association, whichever is later.
26 * * *
27 §1133.4. Powers and duties of the commission; exceptions
28 A. The commission shall:
29 (1) * * *
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1 (9) Approve scope of practice for EMS practitioners within the limits set
2 forth in R.S. 40:1133.14(A).
3 (10) Have the authority to:
4 (a) Request and obtain state and national criminal history record
5 information on any person applying for any license or permit which the
6 commission or the bureau is authorized by law to issue, including permission
7 to enroll as a student EMS practitioner in clinical EMS courses.
8 Notwithstanding any provision of Code of Criminal Procedure Article 973 to the
9 contrary, the commission may require that such applicants disclose information
10 concerning expunged arrests and convictions, and may receive and obtain
11 criminal history records regarding such records on a confidential basis.
12 (b) Regulate student EMS practitioners in the clinical phase of EMS
13 education.
14 (c) Upon finding of sufficient evidence that the public health and safety
15 are at risk, require licensees and applicants for licensure to submit to a physical
16 or mental examination by a healthcare provider designated by the commission
17 who is licensed to perform such examinations. The licensee or applicant may
18 request a second healthcare provider to perform an independent medical
19 examination. Refusal of or failure by the licensee or applicant to submit to such
20 examination and to sign for release of the findings of that examination to the
21 commission shall constitute sufficient evidence of any relevant allegations.
22 (d) Maintain the confidentiality of any records, writings, accounts,
23 letters, letter books, photographs, or copies or memoranda thereof, and any
24 report or reports concerning the fitness of any person to receive or to continue
25 to hold a license to practice as an EMS practitioner in the custody or control of
26 the commission or bureau of EMS; however, any action taken by the
27 commission or the bureau and any legal grounds upon which such action is
28 based, relative to the fitness of any person to receive, or continue to hold, a
29 license to practice as an EMS practitioner shall be a public record.
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SLS 19RS-437 ORIGINAL
1 (e) Share any information, other than criminal history record
2 information, in the custody of the bureau or EMS or the commission, including
3 information not subject to the laws relative to public records pursuant to R.S.
4 44:4(57), with any regulatory or law enforcement agency upon written request
5 of the regulator or law enforcement agency.
6 * * *
7 §1133.4.1. Authorization to obtain criminal history record information
8 A. As used in this Section the following terms shall have the following
9 meanings:
10 (1) "Applicant" means a person who has made application to the
11 Bureau of EMS or to the commission for the issuance or reinstatement of any
12 form of licensure.
13 (2) "BCII" means the Louisiana Bureau of Criminal Identification and
14 Information of the office of state police within the Department of Public Safety
15 and Corrections.
16 (3) "Criminal history record information" means information collected
17 by state and federal criminal justice agencies on individuals consisting of
18 identifiable descriptions and notations of arrests, detentions, indictments, bills
19 of information, or any formal criminal charges, and any disposition arising
20 therefrom, including sentencing and criminal correctional supervision and
21 release, but does not include intelligence for investigatory purposes, nor does it
22 include any identification information which does not indicate involvement of
23 the individual in the criminal justice system.
24 (4) "FBI" means the Federal Bureau of Investigation of the United States
25 Department of Justice.
26 (5) "Licensure" means any license or permit which the Bureau of EMS
27 or the commission is authorized to issue, including permission to enroll as a
28 student EMS practitioner in clinical EMS courses.
29 B. In addition to any other requirements established by law or by
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SLS 19RS-437 ORIGINAL
1 administrative rule by the bureau or the commission, the commission shall
2 require as a condition of licensure, that an applicant obtain from the BCII a
3 complete criminal history record as defined in this Section, and provide that
4 information to the Bureau of EMS or to the commission. The commission may,
5 by rules promulgated in accordance with the Administrative Procedure Act,
6 R.S. 49:490, et seq., limit the categories of applicants to which this requirement
7 applies.
8 C. Any criminal history record information obtained by the commission
9 or the Bureau of EMS which is not, at the time that it is received, a matter of
10 public record, shall be deemed nonpublic and confidential information,
11 restricted to the exclusive use of the commission or the bureau, their members,
12 officers, investigators, agents, and attorneys, in evaluating the applicant's
13 eligibility or disqualification for licensure. No such information or records
14 related thereto shall, except with the written consent of the applicant or by
15 order of a court of competent jurisdiction, be released or otherwise disclosed by
16 the commission or bureau to any other person, agency, or entity.
17 * * *
18 §1133.14 Duties of emergency medical personnel
19 A.(1) * * *
20 (2) The functions authorized by Paragraph (1) of this Subsection may be
21 performed by the licensed emergency medical services practitioner while he is caring
22 for a patient or at the scene of a medical or other emergency where voice contact is
23 established with a physician and under the physician's order; or under a protocol that
24 has been approved by the local parish medical society or the emergency medical
25 services practitioner's medical director, until voice communication with the
26 physician is established.
27 B. * * *
28 C. In a case of a life-threatening situation as determined by a licensed
29 emergency medical services practitioner, when voice contact with a physician is
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SLS 19RS-437 ORIGINAL
1 delayed, not possible, or when the delay in treatment could endanger the life of the
2 patient, such a person may render services, in accordance with a protocol that shall
3 be established by the emergency medical services committee or the executive
4 committee of the parish or component medical society, or its designee, until voice
5 communication can be established at the earliest possible time.
6 * * *
7 Section 2. R.S. 44:4.1(B)(26) is hereby amended and reenacted and R.S. 44:4(57)
8 is hereby enacted to read as follows:
9 §4. Applicability
10 This Chapter shall not apply:
11 (1) * * *
12 (57) To any records, writings, accounts, letters, letter books, photographs
13 or copies or memoranda thereof, and any report or reports concerning the
14 fitness of any person to receive, or to continue to hold, a license to practice as
15 an EMS practitioner in the custody or control of the Louisiana Emergency
16 Medical Services Certification Commission or Department of Health, office of
17 public health, Bureau of EMS; however, any action taken by the commission or
18 the bureau and any legal grounds upon which such action is based, relative to
19 the fitness of any person to receive, or to continue to hold, a license to practice
20 as an EMS practitioner shall be a public record.
21 §4.1. Exceptions
22 A. * * *
23 B. The legislature further recognizes that there exist exceptions, exemptions,
24 and limitations to the laws pertaining to public records throughout the revised
25 statutes and codes of this state. Therefore, the following exceptions, exemptions, and
26 limitations are hereby continued in effect by incorporation into this Chapter by
27 citation:
28 * * *
29 (26) R.S. 40:3.1, 31.14, 31.27, 39.1, 41, 73, 95, 96, 526, 528, 1007, 1061.21,
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SLS 19RS-437 ORIGINAL
1 1079.18, 1081.10, 1105.6, 1105.8, 1133.4.1, 1133.8, 1171.4, 1203.4, 1231.4,
2 1379.1.1(D), 1379.3, 2009.8, 2009.14, 2010.5, 2017.9, 2018, 2018.5,2019, 2020,
3 2106, 2138, 2532, 2845.1
4 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Mary Dozier O'Brien.
DIGEST
SB 210 Original 2019 Regular Session Boudreaux
Present law provides for definitions of terms used in the Chapter and includes fees to be
charged for tests required of those to be licensed as various emergency medical personnel.
Proposed law defines "EMS professional", "inactive" status for emergency medical services
practitioners, and condenses the required exams and fees to 10 exams and their attendant
fees.
Present law provides relative to the Louisiana Emergency Medical Services Certification
Commission and requires two licensed EMTs as members of the commission with a total
commission membership of eleven.
Proposed law representation of emergency medical practitioners on the commission is
increased to five and all are to be affiliated with an approved EMS education program and
the total commission membership increases to fourteen.
Present law states that the commission is to have one voting member appointed by the
governor who is to be a registered nurse and a licensed paramedic and includes nonvoting
members as well.
Proposed law removes the governor as the appointing authority for a commission member
who is both a registered nurse and a state licensed paramedic and the nonvoting members
are eliminated.
Present law provides wide-ranging authority regarding the powers of the commission in the
areas of licensing/certification of EMS practitioners.
Proposed law states particular areas of responsibility for the commission, stating that it can
approve a scope of practice for EMS practitioners within limits set out in R.S.
40:1133.14(A).
Proposed law grants explicit authority to the commission regarding the obtaining of state and
national criminal history records, including requests for expunged records, while maintaining
the confidentiality of those records as much as possible.
Proposed law contains explicit language for the commission to regulate student EMS
practitioners during clinical training, allows the commission to request a physical or mental
examination for applicants, and sets forth a general provision to maintain the confidentiality
of all sensitive records obtained.
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SLS 19RS-437 ORIGINAL
Effective August 1, 2019.
(Amends R.S. 40:1131(6), 1133.2(B)(1), 1133.3(B)(1)(b), (2) and (D), 1133.14(A)(2) and
(C), and R.S. 44:4.1(B)(26); adds R.S. 40:1131(24)-(26), 1133.4(A)(9) and (10), 1133.4.1
and R.S. 44:4(57))
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words in boldface type and underscored are additions.