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2 | 2 | | SENATE DOCKET, NO. 838 FILED ON: 1/18/2023 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1367 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Paul R. Feeney |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to emergency medical services oversight. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Paul R. FeeneyBristol and Norfolk 1 of 6 |
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16 | 16 | | SENATE DOCKET, NO. 838 FILED ON: 1/18/2023 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1367 |
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18 | 18 | | By Mr. Feeney, a petition (accompanied by bill, Senate, No. 1367) of Paul R. Feeney for |
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19 | 19 | | legislation to modernize emergency medical services oversight. Public Health. |
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20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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21 | 21 | | SEE SENATE, NO. 1434 OF 2021-2022.] |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Third General Court |
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25 | 25 | | (2023-2024) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act relative to emergency medical services oversight. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 SECTION 1. Paragraph (6) of subsection (b) of section 3 of chapter 111C, as appearing |
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31 | 31 | | 2in the 2014 Official Edition, is hereby amended by inserting after the word “years”, in line 32, |
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32 | 32 | | 3the following words:- , provided that, such plan shall include guidelines for clear and streamlined |
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33 | 33 | | 4communication between the regional councils and the department. |
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34 | 34 | | 5 SECTION 2. Subsection (c) of said section 3 of said chapter 111C, as so appearing, is |
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35 | 35 | | 6hereby amended by striking out the word “board”, in line 101, and inserting in place thereof the |
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36 | 36 | | 7following words:- “executive council”. |
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37 | 37 | | 8 SECTION 3. Section 4 of said chapter 111C, as so appearing, is hereby amended by |
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38 | 38 | | 9striking out paragraph (3) of subsection (c) in its entirety. 2 of 6 |
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39 | 39 | | 10 SECTION 4. Paragraph (6) of subsection (c) of said section 4 of said chapter 111C, as so |
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40 | 40 | | 11appearing, is hereby amended by inserting after the words “input from”, in line 50, the following |
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41 | 41 | | 12words:- , and communication to, . |
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42 | 42 | | 13 SECTION 5. Said section 4 of said chapter 111C, as so appearing, is hereby amended by |
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43 | 43 | | 14inserting after subsection (c) the following section:- |
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44 | 44 | | 15 (d) Each regional EMS council shall prepare and annually file with the department and |
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45 | 45 | | 16the executive council, on or before May 30, a regional EMS services and support plan outlining |
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46 | 46 | | 17the regional EMS council’s planned efforts to meet and advance the regional EMS council’s |
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47 | 47 | | 18roles and responsibilities, as outlined in section 4(c) of this chapter. Each regional EMS plan |
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48 | 48 | | 19shall be consistent with the state EMS plan, although it may reflect regional differences. Each |
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49 | 49 | | 20regional EMS system plan shall also include, without limitation, a trauma plan consisting of, at a |
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50 | 50 | | 21minimum, trauma point of entry guidelines and scene triage criteria. |
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51 | 51 | | 22 Upon submission, the department may amend each regional EMS council contract, |
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52 | 52 | | 23subject to appropriation and to the guidelines provided by section 5 of this chapter, to reflect and |
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53 | 53 | | 24respond to the submitted regional EMS plans. |
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54 | 54 | | 25 SECTION 6. Subsection (d) of section 5 of said chapter 111C, as so appearing, is hereby |
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55 | 55 | | 26amended by inserting after the word “regions”, in line 18, the following words:- , as well as the |
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56 | 56 | | 27regional council’s annual submitted regional EMS plan. |
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57 | 57 | | 28 SECTION 7. Section 13 of said chapter 111C, as so appearing, is hereby amended by |
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58 | 58 | | 29striking out subsection (b) and inserting in place thereof the following subsection:- 3 of 6 |
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59 | 59 | | 30 (b) The board shall meet, at a minimum, once annually and serve in a general advisory |
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60 | 60 | | 31capacity to the executive council established in section 13A, and the department, in coordinating |
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61 | 61 | | 32the efforts of all persons and agencies in the state concerned with the EMS system, and shall |
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62 | 62 | | 33render advice on the development of the EMS system where needed. At least one-half of the total |
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63 | 63 | | 34appointed members shall constitute a quorum for the transaction of business. |
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64 | 64 | | 35 SECTION 8. Said chapter 111C, as so appearing, is hereby amended by inserting after |
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65 | 65 | | 36section 13 the following section:- |
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66 | 66 | | 37 Section 13A. (a) There shall be within the department an Emergency Medical Services |
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67 | 67 | | 38System Executive Council, consisting of the commissioner or a designee; the state medical |
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68 | 68 | | 39director, or a designee; 2 directors of regional emergency medical services councils, or their |
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69 | 69 | | 40designees, provided that each regional emergency medical service council shall be represented |
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70 | 70 | | 41on the executive council for at least 1 term every 10 years; 2 medical directors of regional |
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71 | 71 | | 42emergency medical services councils, or their designee, provided that, each regional emergency |
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72 | 72 | | 43medical service council shall be represented on the executive council for at least 1 term every 10 |
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73 | 73 | | 44years; the director of the office of preparedness and emergency management at the department of |
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74 | 74 | | 45public health, or a designee; and 12 members appointed by the commissioner, or their designees, |
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75 | 75 | | 46as follows: 1 each from the Professional Fire Fighters of Massachusetts, the Massachusetts |
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76 | 76 | | 47Ambulance Association, the Fire Chiefs Association of Massachusetts, the International |
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77 | 77 | | 48Association of EMTs and Paramedics, the Massachusetts Call/Volunteer Firefighters |
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78 | 78 | | 49Association, the Massachusetts Association of Hospital-Based Paramedic Services, |
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79 | 79 | | 50Massachusetts Chapter of the American College of Emergency Physicians, the Massachusetts |
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80 | 80 | | 51Chapter of the American College of Surgeons, the Massachusetts Medical Society, and the 4 of 6 |
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81 | 81 | | 52Massachusetts Municipal Association; 1 from the volunteer ambulance associations; and, a |
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82 | 82 | | 53representative of the state 911 department. |
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83 | 83 | | 54 The commissioner shall appoint the chair of the executive council. Each appointed |
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84 | 84 | | 55member of the executive council shall serve a term of 3 years, or until a successor is appointed |
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85 | 85 | | 56and qualified. At least one-half of the total appointed members of executive council shall |
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86 | 86 | | 57constitute a quorum for the transaction of business. No appointed member shall serve more than |
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87 | 87 | | 583 terms. Appointees shall serve without compensation. |
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88 | 88 | | 59 (b) The executive council shall meet, at a minimum, once quarterly, and, in addition to |
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89 | 89 | | 60other powers conferred in this chapter, including, without limitation, in subsection (c) of section |
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90 | 90 | | 613, shall assist in coordinating the efforts of all persons and agencies in the state concerned with |
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91 | 91 | | 62the EMS system, and shall render advice on the development of the EMS system where needed, |
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92 | 92 | | 63including, but not limited to, review of and recommendations on the submitted regional EMS |
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93 | 93 | | 64plans. |
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94 | 94 | | 65 The executive council, in consultation with the department, shall submit an annual report |
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95 | 95 | | 66to the commissioner and to the clerks of the house of representatives and senate, on or before |
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96 | 96 | | 67June 30. There shall be established by the executive council, in consultation with the department, |
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97 | 97 | | 68advisory committees to the executive council, including, without limitation, a trauma systems |
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98 | 98 | | 69committee. The trauma systems committee shall be chaired by the commissioner or a designee |
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99 | 99 | | 70and shall be composed of several individuals, each identified as representing: (1) regional EMS |
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100 | 100 | | 71councils; (2) trauma centers; and (3) community hospitals. Other committees may be established |
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101 | 101 | | 72and constituted by the executive council, in its discretion. 5 of 6 |
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102 | 102 | | 73 SECTION 9. Section 14 of said chapter 111C, as so appearing, is hereby amended by |
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103 | 103 | | 74inserting the following paragraph:- |
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104 | 104 | | 75 The department shall make available on the office of emergency medical services website |
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105 | 105 | | 76information regarding the complaint resolution process for complaints made pursuant to this |
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106 | 106 | | 77section, as well as any forms or other materials required to make a complaint against any person |
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107 | 107 | | 78certified, licensed, designated, or otherwise approved by the department under this chapter. |
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108 | 108 | | 79 SECTION 10. The department, in consultation with the executive council and the |
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109 | 109 | | 80regional councils, shall study and make recommendations for potential permanent funding |
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110 | 110 | | 81sources and mechanisms to support the office of emergency medical services, the regional |
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111 | 111 | | 82councils, and central medical emergency direction centers. The department shall issue a report, |
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112 | 112 | | 83with findings and recommendations, to the clerks of the house of representatives and senate, as |
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113 | 113 | | 84well as the house and senate committees on ways and means, by December 1, 2024. |
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114 | 114 | | 85 SECTION 11. There shall be an emergency medical services peer licensure advisory |
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115 | 115 | | 86committee, which shall consist of the commissioner or a designee, the director of the office of |
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116 | 116 | | 87emergency medical services or a designee, and 6 members appointed by the commissioner, or |
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117 | 117 | | 88their designees, as follows: 1 each from the Professional Fire Fighters of Massachusetts, the |
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118 | 118 | | 89Massachusetts Call/Volunteer Firefighters Association, the Professional Fire Chiefs Association |
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119 | 119 | | 90of Massachusetts, the Massachusetts Ambulance Association, the Massachusetts Association of |
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120 | 120 | | 91Hospital-Based Paramedic Services, and the International Association of EMTs and Paramedics. |
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121 | 121 | | 92 The advisory committee shall meet, at a minimum, twice annually to advise the |
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122 | 122 | | 93department on the complaint resolution process and disciplinary actions relative to persons |
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123 | 123 | | 94certified, licensed, designated or otherwise approved by the department under chapter 111C. 6 of 6 |
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124 | 124 | | 95Each appointed member of this advisory council shall serve a term of 3 years, or until a |
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125 | 125 | | 96successor is appointed and qualified. At least one-half of the total appointed members of this |
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126 | 126 | | 97advisory council shall constitute a quorum for the transaction of business. No appointed member |
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127 | 127 | | 98shall serve more than 3 terms. Appointees shall serve without compensation. |
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