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3 | - | ENGR. H. A. to ENGR. S. B. NO. 536 Page 1 1 | |
3 | + | SB536 HFLR Page 1 | |
4 | + | BOLD FACE denotes Committee Amendments. 1 | |
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28 | - | ENGROSSED HOUSE AMENDME NT | |
29 | - | TO | |
30 | - | ENGROSSED SENATE BILL NO . 536 By: Rosino of the Senate | |
29 | + | HOUSE OF REPRESENTATIVES - FLOOR VERSION | |
30 | + | ||
31 | + | STATE OF OKLAHOMA | |
32 | + | ||
33 | + | 1st Session of the 59th Legislature (2023) | |
34 | + | ||
35 | + | COMMITTEE SUBSTITUTE | |
36 | + | FOR ENGROSSED | |
37 | + | SENATE BILL NO. 536 By: Rosino of the Senate | |
31 | 38 | ||
32 | 39 | and | |
33 | 40 | ||
34 | 41 | Hill of the House | |
35 | 42 | ||
36 | 43 | ||
37 | 44 | ||
38 | - | ||
45 | + | COMMITTEE SUBSTITUTE | |
39 | 46 | ||
40 | 47 | An Act relating to emergency medical services; | |
41 | 48 | amending 63 O.S. 2021, Section 1 -2503, as amended by | |
42 | 49 | Section 1, Chapter 276, O.S.L. 2 022 (63 O.S. Supp. | |
43 | 50 | 2022, Section 1-2503), which relates to definitions | |
44 | 51 | used in the Oklahoma Emergency Res ponse Systems | |
45 | 52 | Development Act; adding and modifying defin itions; | |
46 | 53 | repealing 63 O.S. 2021, Section 1-2503, as amended by | |
47 | 54 | Section 1, Chapter 246, O.S.L. 2016, which relates to | |
48 | 55 | definitions used in the Oklahoma Emergency Response | |
49 | 56 | Systems Development Act; and providing an effective | |
50 | 57 | date. | |
51 | 58 | ||
52 | 59 | ||
53 | 60 | ||
61 | + | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
62 | + | SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-2503, as | |
63 | + | amended by Section 1, Chapter 276, O.S.L. 2022 (63 O.S. Supp. 2022, | |
64 | + | Section 1-2503), is amended to read as follows: | |
65 | + | Section 1-2503. As used in the Oklahoma Emergency Response | |
66 | + | Systems Development Act: | |
67 | + | 1. “Ambulance” means any ground, air or water vehicle whi ch is | |
68 | + | or should be approved by the State Commissioner of Health, designed | |
54 | 69 | ||
55 | - | ||
56 | - | AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill | |
57 | - | and insert: | |
58 | - | ||
59 | - | ||
60 | - | "An Act relating to emergency medical services; | |
61 | - | amending 63 O.S. 2021, Section 1 -2503, as amended by | |
62 | - | Section 1, Chapter 276, O.S.L. 2 022 (63 O.S. Supp. | |
63 | - | 2022, Section 1-2503), which relates to definitions | |
64 | - | used in the Oklahoma Emergency Res ponse Systems | |
65 | - | Development Act; adding and modifying definitions; | |
66 | - | repealing 63 O.S. 2021, Section 1-2503, as amended by | |
67 | - | Section 1, Chapter 246, O.S.L. 2016, which relates to | |
68 | - | definitions used in the Oklahoma Emergency Response | |
69 | - | Systems Development Act; and providing an effective | |
70 | - | date. | |
71 | - | ||
72 | - | ||
73 | - | ||
74 | - | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
75 | - | ||
76 | - | ENGR. H. A. to ENGR. S. B. NO. 536 Page 2 1 | |
70 | + | SB536 HFLR Page 2 | |
71 | + | BOLD FACE denotes Committee Amendments. 1 | |
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101 | - | SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-2503, as | |
102 | - | amended by Section 1, Chapter 276, O.S.L. 2022 (63 O.S. Supp. 2022, | |
103 | - | Section 1-2503), is amended to read as follows: | |
104 | - | Section 1-2503. As used in the Oklahoma Emergency Response | |
105 | - | Systems Development Act: | |
106 | - | 1. “Ambulance” means any ground, air or water vehicle whi ch is | |
107 | - | or should be approved by the State Commissioner of Health, designed | |
108 | 96 | and equipped to transport a patient or patients an d to provide | |
109 | 97 | appropriate on-scene and en route patient stabilization and care as | |
110 | 98 | required. Vehicles used as am bulances shall meet s uch standards as | |
111 | 99 | may be required by the Commissioner for approval, and shall display | |
112 | 100 | evidence of such approval at all times; | |
113 | 101 | 2. “Ambulance authority” means any public trust or nonprofit | |
114 | 102 | corporation established by the state or any unit of local government | |
115 | 103 | or combination of units of government for the express purpose of | |
116 | 104 | providing, directly o r by contract, emergency medical servi ces in a | |
117 | 105 | specified area of the state; | |
118 | 106 | 3. “Ambulance patient” or “patient” means any person who is or | |
119 | 107 | will be transported in a recli ning position to or from a health care | |
120 | 108 | facility in an ambulance; | |
121 | 109 | 4. “Ambulance service” means any private firm or governmen tal | |
122 | 110 | agency that owns or operates ambulances and which is or should shall | |
123 | 111 | be licensed by the State D epartment of Health to provide levels of | |
124 | - | medical care, including, but not limited to, comprehensive | |
112 | + | medical care, including but not lim ited to, comprehensive integrated | |
113 | + | medical care in emergency and nonemergency sett ings under the | |
114 | + | supervision of a physician based on certification standards | |
115 | + | promulgated by the Commis sioner; | |
116 | + | 5. “Ambulance service district ” means any county, group of | |
117 | + | counties or parts of counties formed together to p rovide, operate | |
118 | + | and finance emergency medical services as provided by Section 9C of | |
125 | 119 | ||
126 | - | ENGR. H. A. to ENGR. S. B. NO. 536 Page 3 1 | |
120 | + | SB536 HFLR Page 3 | |
121 | + | BOLD FACE denotes Committee Amendments. 1 | |
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151 | - | integrated medical c are in emergency and nonemergency sett ings under | |
152 | - | the supervision of a physician based on certification standards | |
153 | - | promulgated by the Commis sioner; | |
154 | - | 5. “Ambulance service district ” means any county, group of | |
155 | - | counties or parts of counties formed together to p rovide, operate | |
156 | - | and finance emergency medical services as provided by Section 9C of | |
157 | 146 | Article X of the Oklahoma Constitution or Sections 120 1 through 1221 | |
158 | 147 | of Title 19 of the Oklahoma Statutes; | |
159 | 148 | 6. “Board” means the State Board of Health; | |
160 | 149 | 7. “Certified emergency medical responder” means an individual | |
161 | 150 | certified by the Department to perform emergency medical services in | |
162 | 151 | accordance with the Oklah oma Emergency Response Systems Development | |
163 | 152 | Act and in accordance with the ru les and standards promulgated by | |
164 | 153 | the Commissioner; | |
165 | 154 | 8. “Certified emergency medical response agency” means an | |
166 | 155 | organization of any type certified by the Department to provide | |
167 | 156 | emergency medical care and limited transport in an emergency vehicle | |
168 | 157 | as defined in Section 1-103 of Title 47 of the Oklahoma Statutes. A | |
169 | 158 | certified emergency medical response agency shall only provide | |
170 | 159 | transport upon approval by the appropriate online medical con trol at | |
171 | 160 | the time of transport. Certified emergency med ical response | |
172 | 161 | agencies may utilize certified emergency medical responders or | |
173 | 162 | licensed emergency m edical personnel; provided, however, that all | |
163 | + | personnel so utilized shall function under the direction o f and | |
164 | + | consistent with guidelines for medical control; | |
165 | + | 9. “Classification” means an inclusive standardized | |
166 | + | identification of stabilizing and definitive emergency services | |
167 | + | provided by each hospital that treats emergency patients; | |
168 | + | 10. “CoAEMSP” means the Committee on Accreditation of | |
169 | + | Educational Programs for th e Emergency Medical S ervices Professions; | |
174 | 170 | ||
175 | - | ENGR. H. A. to ENGR. S. B. NO. 536 Page 4 1 | |
171 | + | SB536 HFLR Page 4 | |
172 | + | BOLD FACE denotes Committee Amendments. 1 | |
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199 | 196 | ||
200 | - | personnel so utilized shall function under the direction o f and | |
201 | - | consistent with guidelines for medical control; | |
202 | - | 9. “Classification” means an inclusive standardized | |
203 | - | identification of stabilizing and definitive emergency services | |
204 | - | provided by each hospital that treats emergency patients; | |
205 | - | 10. “CoAEMSP” means the Committee on Accreditation of | |
206 | - | Educational Programs for th e Emergency Medical S ervices Professions; | |
207 | 197 | 11. “Commissioner” means the State Commissioner of Health; | |
208 | 198 | 12. “Community paramedic” means a licensed paramedic who meets | |
209 | 199 | the requirements of Section 1-2505 of this title; | |
210 | 200 | 13. “Community paramedic ser vices” means services that inclu de | |
211 | 201 | interventions intended to prevent unnecessary ambulance | |
212 | 202 | transportation or hospital emergency department use, or are provided | |
213 | 203 | as part of in-home inpatient or outpatient hospital services . | |
214 | 204 | Community paramedic services: | |
215 | 205 | a. must be part of a care plan orde red by a primary | |
216 | 206 | health care provider or h ospital provider in | |
217 | 207 | consultation with the medical director of an ambulance | |
218 | 208 | service. Such care plan must ensure that the services | |
219 | 209 | provided by a community paramedic do not duplicate | |
220 | 210 | services already provided to the patient, including | |
221 | 211 | home health and waiver services, and | |
222 | 212 | b. shall include health assessment, chronic disease | |
223 | 213 | monitoring and education, medication compliance, | |
214 | + | immunizations and vaccinations, laboratory specimen | |
215 | + | collection, hospital discharge follow -up care, and | |
216 | + | minor medical procedures compliant wit h the community | |
217 | + | paramedic’s scope of practice and approved by the | |
218 | + | ambulance medical director; | |
219 | + | 14. “Council” means the Trauma and Emergency Response Advisory | |
220 | + | Council created in Section 1 -103a.1 of this title; | |
224 | 221 | ||
225 | - | ENGR. H. A. to ENGR. S. B. NO. 536 Page 5 1 | |
222 | + | SB536 HFLR Page 5 | |
223 | + | BOLD FACE denotes Committee Amendments. 1 | |
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249 | 247 | ||
250 | - | immunizations and vaccinations, laboratory specimen | |
251 | - | collection, hospital discharge follow -up care, and | |
252 | - | minor medical procedures compliant wit h the community | |
253 | - | paramedic’s scope of practice and approved by the | |
254 | - | ambulance medical director; | |
255 | - | 14. “Council” means the Trauma and Emergency Response Advisory | |
256 | - | Council created in Section 1 -103a.1 of this title; | |
257 | 248 | 13. 15. “Critical care paramedic” or “CCP” means a licensed | |
258 | 249 | paramedic who has succ essfully completed critical care training and | |
259 | 250 | testing requirements in accorda nce with the Oklahoma Emergency | |
260 | 251 | Response Systems Development Act and in accordance with the rules | |
261 | 252 | and standards promulgated by the Commissioner ; | |
262 | 253 | 14. 16. “Department” means the State Department of Health; | |
263 | 254 | 15. 17. “Emergency medical services sy stem” means a system | |
264 | 255 | which provides for the organization and appropriate designation of | |
265 | 256 | personnel, facilities and e quipment for the effective and | |
266 | 257 | coordinated local, regional and statewide del ivery of health care | |
267 | 258 | services primarily under emergency condition s; | |
268 | 259 | 16. 18. “Letter of review” means the official designation from | |
269 | 260 | CoAEMSP to a paramedic program that is in the “becoming accredited” | |
270 | 261 | process; | |
271 | 262 | 17. 19. “Licensed emergency medical personnel ” means an | |
272 | 263 | emergency medical technician (EMT), an intermediate emergency | |
273 | 264 | medical technician (IEMT) , an advanced emergency medical technician | |
265 | + | (AEMT), or a paramedic licensed by the D epartment to perform | |
266 | + | emergency medical services in accordance with the Oklah oma Emergency | |
267 | + | Response Systems Development Act and the rules and standards | |
268 | + | promulgated by the Commissioner; | |
269 | + | 18. 20. “Licensure” means the licensing of emergency medical | |
270 | + | care providers and ambulance services pursuant to rules and | |
274 | 271 | ||
275 | - | ENGR. H. A. to ENGR. S. B. NO. 536 Page 6 1 | |
272 | + | SB536 HFLR Page 6 | |
273 | + | BOLD FACE denotes Committee Amendments. 1 | |
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299 | 297 | ||
300 | - | (AEMT), or a paramedic licensed by the D epartment to perform | |
301 | - | emergency medical services in accordance with the Oklah oma Emergency | |
302 | - | Response Systems Development Act and the rules and standards | |
303 | - | promulgated by the Commissioner; | |
304 | - | 18. 20. “Licensure” means the licensing of emergency medical | |
305 | - | care providers and ambulance services pursuant to rules and | |
306 | 298 | standards promulgated by t he Commissioner at one or more of the | |
307 | 299 | following levels: | |
308 | 300 | a. basic life support, | |
309 | 301 | b. intermediate life support, | |
310 | 302 | c. paramedic life support, | |
311 | 303 | d. advanced life support, | |
312 | 304 | e. stretcher van, and | |
313 | 305 | f. specialty care, which shall be us ed solely for | |
314 | 306 | interhospital transpor t of patients requiring | |
315 | 307 | specialized en route medical monitoring and advanced | |
316 | 308 | life support which exceed the capabi lities of the | |
317 | 309 | equipment and personnel provided by paramedic life | |
318 | 310 | support. | |
319 | 311 | Requirements for each level of ca re shall be established by the | |
320 | 312 | Commissioner. Licensure at any level of care includes a license to | |
321 | 313 | operate at any lower level, with the exception of licensure for | |
322 | 314 | specialty care; provided, however, that the highest l evel of care | |
315 | + | offered by an ambulance ser vice shall be available twenty-four (24) | |
316 | + | hours each day, three hundred sixty-five (365) days per year. | |
317 | + | Licensure shall be granted or renewed for such periods and under | |
318 | + | such terms and conditions as may be promulgated by the Commissioner; | |
319 | + | 19. 21. “Medical control” means local, regional or sta tewide | |
320 | + | medical direction and quality assurance of health care delivery in | |
321 | + | an emergency medical service system. O nline medical control is the | |
323 | 322 | ||
324 | - | ENGR. H. A. to ENGR. S. B. NO. 536 Page 7 1 | |
323 | + | SB536 HFLR Page 7 | |
324 | + | BOLD FACE denotes Committee Amendments. 1 | |
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348 | 348 | ||
349 | - | offered by an ambulance ser vice shall be available twenty-four (24) | |
350 | - | hours each day, three hundred sixty-five (365) days per year. | |
351 | - | Licensure shall be granted or renewed for such periods and under | |
352 | - | such terms and conditions as may be promulgated by the Commissioner; | |
353 | - | 19. 21. “Medical control” means local, regional or sta tewide | |
354 | - | medical direction and quality assurance of health care delivery in | |
355 | - | an emergency medical service system. O nline medical control is the | |
356 | 349 | medical direction given to licensed em ergency medical personnel, | |
357 | 350 | certified emergency medical responders and stretc her van personnel | |
358 | 351 | by a physician via radio or telephone. Off -line medical control is | |
359 | 352 | the establishment and monit oring of all medical components of an | |
360 | 353 | emergency medical service sys tem, which is to include stretcher van | |
361 | 354 | service including, but not limited to , protocols, standing orders, | |
362 | 355 | educational programs, and the quality and delivery of onli ne | |
363 | 356 | control; | |
364 | 357 | 20. 22. “Medical director” means a physician, fully licensed | |
365 | 358 | without restriction, who acts as a paid or volunteer medic al advisor | |
366 | 359 | to a licensed ambulance s ervice and who monitors and directs the | |
367 | 360 | care so provided. Such physicians shall meet such q ualifications | |
368 | 361 | and requirements as may be promulgated by the Commissioner; | |
369 | 362 | 21. 23. “Region” or “emergency medical service region ” means | |
370 | 363 | two or more municipalities, counties, ambulance districts or other | |
371 | 364 | political subdivisions exercising joint control over one or more | |
365 | + | providers of emergency medical services and stretcher van service | |
366 | + | through common ordinances, authorities, boards or other means; | |
367 | + | 22. 24. “Regional emergency medical services system” means a | |
368 | + | network of organizations, individuals, facilities and equipme nt | |
369 | + | which serves a region, subject to a unified set of regional rules | |
370 | + | and standards which may exceed, but may not be in c ontravention of, | |
371 | + | those required by the state, which is under the medical direction of | |
372 | 372 | ||
373 | - | ENGR. H. A. to ENGR. S. B. NO. 536 Page 8 1 | |
373 | + | SB536 HFLR Page 8 | |
374 | + | BOLD FACE denotes Committee Amendments. 1 | |
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397 | 398 | ||
398 | - | providers of emergency medical services and stretcher van service | |
399 | - | through common ordinances, authorities, boards or other means; | |
400 | - | 22. 24. “Regional emergency medical services system” means a | |
401 | - | network of organizations, individuals, facilities and equipme nt | |
402 | - | which serves a region, subject to a unified set of regional rules | |
403 | - | and standards which may exceed, but may not be in c ontravention of, | |
404 | - | those required by the state, which is under the medical direction of | |
405 | 399 | a single regional medical director, and which part icipates directly | |
406 | 400 | in the delivery of the following services: | |
407 | 401 | a. medical call-taking and emergency medical services | |
408 | 402 | dispatching, emergency and routine includ ing priority | |
409 | 403 | dispatching of first response agencies, stretcher van | |
410 | 404 | and ambulances, | |
411 | 405 | b. emergency medical responder services provided by | |
412 | 406 | emergency medical response agencies, | |
413 | 407 | c. ambulance services, both emergency, routine a nd | |
414 | 408 | stretcher van including, but not limited to, the | |
415 | 409 | transport of patients in accordance with transport | |
416 | 410 | protocols approved by the regional medical dir ector, | |
417 | 411 | and | |
418 | 412 | d. directions given by physicians directly via radio or | |
419 | 413 | telephone, or by written protocol, to em ergency | |
420 | 414 | medical response agencies, s tretcher van or ambulance | |
415 | + | personnel at the scene of an emergency or while en | |
416 | + | route to a hospital; | |
417 | + | 23. 25. “Regional medical director ” means a licensed physician, | |
418 | + | who meets or exceeds the qualifications of a medical dire ctor as | |
419 | + | defined by the Oklahoma Emer gency Response Systems Development Act, | |
420 | + | chosen by an emergency medical service region to p rovide external | |
421 | + | medical oversight, quality control and related services to that | |
422 | + | region; | |
421 | 423 | ||
422 | - | ENGR. H. A. to ENGR. S. B. NO. 536 Page 9 1 | |
424 | + | SB536 HFLR Page 9 | |
425 | + | BOLD FACE denotes Committee Amendments. 1 | |
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446 | 449 | ||
447 | - | personnel at the scene of an emergency or while en | |
448 | - | route to a hospital; | |
449 | - | 23. 25. “Regional medical director ” means a licensed physician, | |
450 | - | who meets or exceeds the qualifications of a medical dire ctor as | |
451 | - | defined by the Oklahoma Emer gency Response Systems Development Act, | |
452 | - | chosen by an emergency medical service region to p rovide external | |
453 | - | medical oversight, quality control and related services to that | |
454 | - | region; | |
455 | 450 | 24. 26. “Registration” means the listing of an ambulance | |
456 | 451 | service in a registr y maintained by the Department; provided, | |
457 | 452 | however, registration shall not be deemed to be a li cense; | |
458 | 453 | 25. 27. “Stretcher van” means any ground vehicle which is or | |
459 | 454 | should shall be approved by the State Commissioner of Health, which | |
460 | 455 | is designed and equipped to transport individuals on a stretcher or | |
461 | 456 | gurney type apparatus. Vehicles used as stretcher vans shall meet | |
462 | 457 | such standards as may be required by the Commissioner for approval | |
463 | 458 | and shall display evidence of licensure at all times. The | |
464 | 459 | Commissioner shall not establish Federal Specification KKK-A-1822 | |
465 | 460 | ambulance standards for stretcher vans; provided, a stretc her van | |
466 | 461 | shall meet Ambulance Manufacturers Division (AMD) Standards 004, 012 | |
467 | 462 | and 013, and shall pass corresponding safety tests. Stretcher van | |
468 | 463 | services shall only be permitted and approved by the Commissioner in | |
469 | 464 | emergency medical service regions, ambulanc e service districts, or | |
470 | 465 | counties with populations in excess of five hundred thousa nd | |
466 | + | (500,000) people. Notwithstanding the provisions of this paragraph, | |
467 | + | stretcher van transports may be made to and from any federal or | |
468 | + | state veterans facility. Stretcher va ns may carry and provide | |
469 | + | oxygen and may carry and utilize any equipment necessary for the | |
470 | + | provision of oxygen; | |
471 | + | 26. 28. “Stretcher van passenger” means any person who is or | |
472 | + | will be transported in a reclining position on a stretcher or | |
473 | + | gurney, who is medically stable, nonemergent and does not require | |
471 | 474 | ||
472 | - | ENGR. H. A. to ENGR. S. B. NO. 536 Page 10 1 | |
475 | + | SB536 HFLR Page 10 | |
476 | + | BOLD FACE denotes Committee Amendments. 1 | |
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496 | 500 | ||
497 | - | (500,000) people. Notwithstanding the provisions of this paragraph, | |
498 | - | stretcher van transports may be made to and from any federal or | |
499 | - | state veterans facility. Stretcher va ns may carry and provide | |
500 | - | oxygen and may carry and utilize any equipment necessary for the | |
501 | - | provision of oxygen; | |
502 | - | 26. 28. “Stretcher van passenger” means any person who is or | |
503 | - | will be transported in a reclining position on a stretcher or | |
504 | - | gurney, who is medically stable, nonemergent and does not require | |
505 | 501 | any medical monitoring equipment or a ssistance during transport | |
506 | 502 | except oxygen. Passengers must be authorized as qualified to be | |
507 | 503 | transported by stretcher van. Passengers shall be authorized | |
508 | 504 | through screening provid ed by a certified medical dispatching | |
509 | 505 | protocol approved made available for review by the Department during | |
510 | 506 | inspection. All patients being transported to or from any medically | |
511 | 507 | licensed facility shall be screened before transport. Any patient | |
512 | 508 | transported without screening shall be a violation of Commissioner | |
513 | 509 | rule by the transporting company and subject to administra tive | |
514 | 510 | procedures of the Department; and | |
515 | 511 | 27. 29. “Transport protocol” means the written instructions | |
516 | 512 | governing decision-making at the scene of a medical emergency by | |
517 | 513 | ambulance personnel regardi ng the selection of the hospital to which | |
518 | 514 | the patient shall be t ransported. Transport protocols shall be | |
519 | 515 | developed by the regional medical director for a regional emergency | |
520 | 516 | medical services system or by the Department if no regional | |
517 | + | emergency medical serv ices system has been established. Such | |
518 | + | transport protocols shal l adhere to, at a minimum, the following | |
519 | + | guidelines: | |
520 | + | a. nonemergency, routine transport shall be to the | |
521 | + | facility of the patient ’s choice, | |
522 | + | b. urgent or emergency transport not involving life - | |
523 | + | threatening medical illness or injury shall b e to the | |
524 | + | nearest facility, or, subject to transport | |
521 | 525 | ||
522 | - | ENGR. H. A. to ENGR. S. B. NO. 536 Page 11 1 | |
526 | + | SB536 HFLR Page 11 | |
527 | + | BOLD FACE denotes Committee Amendments. 1 | |
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546 | 551 | ||
547 | - | emergency medical serv ices system has been established. Such | |
548 | - | transport protocols shal l adhere to, at a minimum, the following | |
549 | - | guidelines: | |
550 | - | a. nonemergency, routine transport shall be to the | |
551 | - | facility of the patient ’s choice, | |
552 | - | b. urgent or emergency transport not involving life - | |
553 | - | threatening medical illness or injury shall b e to the | |
554 | - | nearest facility, or, subject to transport | |
555 | 552 | availability and system area coverage, to the facility | |
556 | 553 | of the patient’s choice, | |
557 | 554 | c. life-threatening medical illness or injury shall | |
558 | 555 | require transport to the near est health care facility | |
559 | 556 | appropriate to the needs of the patient as established | |
560 | 557 | by regional or state guidelines, and | |
561 | 558 | d. emergency ambulance transportation is not required | |
562 | 559 | when a patient’s apparent clinical condition, as | |
563 | 560 | defined by applicable medical treatm ent protocols, | |
564 | 561 | does not warrant emergency a mbulance transport, a nd | |
565 | 562 | nontransport of patients is authorized pursuant to | |
566 | 563 | applicable medical treatment protocols established by | |
567 | 564 | the regional medical director. | |
568 | 565 | SECTION 2. REPEALER 63 O.S. 2021, Section 1-2503, as | |
569 | 566 | amended by Section 1, Chapter 246, O.S. L. 2016, is hereby repealed. | |
570 | - | SECTION 3. This act shall become effective November 1, 2023. | |
567 | + | SECTION 3. This act shall become effective November 1, 2023. | |
571 | 568 | ||
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596 | - | ||
597 | - | Passed the House of Representatives the 20th day of April, 2023. | |
598 | - | ||
599 | - | ||
600 | - | ||
601 | - | ||
602 | - | ||
603 | - | Presiding Officer of the House of | |
604 | - | Representatives | |
605 | - | ||
606 | - | ||
607 | - | Passed the Senate the ____ day of _______ ___, 2023. | |
608 | - | ||
609 | - | ||
610 | - | ||
611 | - | ||
612 | - | ||
613 | - | Presiding Officer of the Senate | |
614 | - | ||
615 | - | ||
616 | - | ENGR. S. B. NO. 536 Page 1 1 | |
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640 | - | ||
641 | - | ENGROSSED SENATE | |
642 | - | BILL NO. 536 By: Rosino of the Senate | |
643 | - | ||
644 | - | and | |
645 | - | ||
646 | - | Hill of the House | |
647 | - | ||
648 | - | ||
649 | - | ||
650 | - | ||
651 | - | An Act relating to emergency medical services; | |
652 | - | amending 63 O.S. 2021, Section 1 -2503, as amended by | |
653 | - | Section 1, Chapter 276, O.S.L. 2 022 (63 O.S. Supp. | |
654 | - | 2022, Section 1-2503), which relates to definitions | |
655 | - | used in the Oklahoma Emergency Response Systems | |
656 | - | Development Act; adding and modifying definitions; | |
657 | - | repealing 63 O.S. 2021, Section 1-2503, as amended by | |
658 | - | Section 1, Chapter 246, O.S.L. 2016, which relates to | |
659 | - | definitions used in the Oklahoma Emergency Response | |
660 | - | Systems Development Act; and providing an effec tive | |
661 | - | date. | |
662 | - | ||
663 | - | ||
664 | - | ||
665 | - | ||
666 | - | ||
667 | - | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
668 | - | SECTION 4. AMENDATORY 63 O.S. 2021, Section 1-2503, as | |
669 | - | amended by Section 1, Chapter 276, O.S.L. 2022 (63 O.S. Supp. 2022, | |
670 | - | Section 1-2503), is amended to read as follows: | |
671 | - | Section 1-2503. As used in the Oklahoma Emergency Response | |
672 | - | Systems Development Act: | |
673 | - | 1. “Ambulance” means any ground, air or water vehicle whi ch is | |
674 | - | or should be approved by the State Commissioner of Health, designed | |
675 | - | and equipped to transport a patient or patients and to provide | |
676 | - | appropriate on-scene and en route patient s tabilization and care as | |
677 | - | required. Vehicles used as am bulances shall meet s uch standards as | |
678 | - | ||
679 | - | ENGR. S. B. NO. 536 Page 2 1 | |
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703 | - | ||
704 | - | may be required by the Commissioner for approval, and shall display | |
705 | - | evidence of such approval at all times; | |
706 | - | 2. “Ambulance authority” means any public trust or non profit | |
707 | - | corporation established by the state or any unit of local government | |
708 | - | or combination of units of government for the express purpose of | |
709 | - | providing, directly or by contract, emergency medical services in a | |
710 | - | specified area of the state; | |
711 | - | 3. “Ambulance patient” or “patient” means any person who is or | |
712 | - | will be transported in a recli ning position to or from a health care | |
713 | - | facility in an ambulance; | |
714 | - | 4. “Ambulance service” means any private firm or governmental | |
715 | - | agency which is or should be licensed by the State D epartment of | |
716 | - | Health to provide levels of medical care , including but not lim ited | |
717 | - | to comprehensive integrated medical care in emergency and | |
718 | - | nonemergency settings under the supervision of a physician based on | |
719 | - | certification standards promulgated by the Commis sioner; | |
720 | - | 5. “Ambulance service district ” means any county, group of | |
721 | - | counties or parts of counties formed together to provide, operate | |
722 | - | and finance emergency medical services as p rovided by Section 9C of | |
723 | - | Article X of the Oklahoma Constitution or Sections 120 1 through 1221 | |
724 | - | of Title 19 of the Oklahoma Statutes; | |
725 | - | 6. “Board” means the State Board of Health; | |
726 | - | 7. “Certified emergency medical responder ” means an individual | |
727 | - | certified by the Department to perform emergency medical services in | |
728 | - | ||
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753 | - | ||
754 | - | accordance with the Oklah oma Emergency Response Systems Development | |
755 | - | Act and in accordance with the ru les and standards promulgated by | |
756 | - | the Commissioner; | |
757 | - | 8. “Certified emergency medical response agency ” means an | |
758 | - | organization of any type certified by the Department to provide | |
759 | - | emergency medical care and limited transport in an emergency vehicle | |
760 | - | as defined in Section 1-103 of Title 47 of the Oklahoma Statutes. A | |
761 | - | certified emergency medical response agency shall only provide | |
762 | - | transport upon approval by the appropriate online medical con trol at | |
763 | - | the time of transport. Certified emergency med ical response | |
764 | - | agencies may utilize certified emergency medical responders or | |
765 | - | licensed emergency m edical personnel; provided, however, that all | |
766 | - | personnel so utilized shall function under the direction o f and | |
767 | - | consistent with guidelines for medical control; | |
768 | - | 9. “Classification” means an inclusive standardized | |
769 | - | identification of stabili zing and definitive emergency services | |
770 | - | provided by each hospital that treats emergency patients; | |
771 | - | 10. “CoAEMSP” means the Committee on Accreditation of | |
772 | - | Educational Programs for th e Emergency Medical S ervices Professions; | |
773 | - | 11. “Commissioner” means the State Commissioner of Health; | |
774 | - | 12. “Community paramedic” means a licensed para medic who meets | |
775 | - | the requirements of Section 1-2505 of this title; | |
776 | - | 13. “Community paramedic ser vices” means services that inclu de | |
777 | - | interventions intended to prevent unnecessary ambulance | |
778 | - | ||
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803 | - | ||
804 | - | transportation or hospital emergency department use. Community | |
805 | - | paramedic services: | |
806 | - | a. must be part of a care plan orde red by a primary | |
807 | - | health care provider or hospit al provider in | |
808 | - | consultation with the medical director of an ambulance | |
809 | - | service. Such care plan must ensure that the services | |
810 | - | provided by a community paramedic do not duplicate | |
811 | - | services already provided to the patient, including | |
812 | - | home health and waiver servi ces, and | |
813 | - | b. shall include health assessment, chronic disease | |
814 | - | monitoring and education, medication compliance, | |
815 | - | immunizations and vaccinations, laboratory specimen | |
816 | - | collection, hospital discharge follow -up care, and | |
817 | - | minor medical procedures compliant with the community | |
818 | - | paramedic’s scope of practice and approved by the | |
819 | - | ambulance medical director; | |
820 | - | 14. “Council” means the Trauma and Emergency Response Advisory | |
821 | - | Council created in Section 1 -103a.1 of this title; | |
822 | - | 13. 15. “Critical care paramedic” or “CCP” means a licensed | |
823 | - | paramedic who has succ essfully completed critical care trai ning and | |
824 | - | testing requirements in accorda nce with the Oklahoma Emergency | |
825 | - | Response Systems Development Act and in accordance with the rules | |
826 | - | and standards promulgated by the Commissioner; | |
827 | - | 14. 16. “Department” means the State Department of Health; | |
828 | - | ||
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853 | - | ||
854 | - | 15. 17. “Emergency medical services sy stem” means a system | |
855 | - | which provides for the organization and appropriate designation of | |
856 | - | personnel, facilities and e quipment for the effective and | |
857 | - | coordinated local, regio nal and statewide del ivery of health care | |
858 | - | services primarily under emergency condition s; | |
859 | - | 16. 18. “Letter of review” means the official designation from | |
860 | - | CoAEMSP to a paramedic program that is in the “becoming accredited” | |
861 | - | process; | |
862 | - | 17. 19. “Licensed emergency medical personnel ” means an | |
863 | - | emergency medical technician (EMT) , an intermediate emergency | |
864 | - | medical technician (IEMT) , an advanced emergency medical technician | |
865 | - | (AEMT), or a paramedic licensed by the D epartment to perform | |
866 | - | emergency medical services in acco rdance with the Oklah oma Emergency | |
867 | - | Response Systems Development Act and the rules and standards | |
868 | - | promulgated by the Commissioner; | |
869 | - | 18. 20. “Licensure” means the licensing of emergency medical | |
870 | - | care providers and ambulance services pursuant to rules and | |
871 | - | standards promulgated by t he Commissioner at one or more of the | |
872 | - | following levels: | |
873 | - | a. basic life support, | |
874 | - | b. intermediate life support, | |
875 | - | c. paramedic life support, | |
876 | - | d. advanced life support, | |
877 | - | e. stretcher van, and | |
878 | - | ||
879 | - | ENGR. S. B. NO. 536 Page 6 1 | |
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903 | - | ||
904 | - | f. specialty care, which shall be used solely for | |
905 | - | interhospital transpor t of patients requiring | |
906 | - | specialized en route medical monitoring and advanced | |
907 | - | life support which exceed the capabi lities of the | |
908 | - | equipment and personnel provided by paramedic life | |
909 | - | support. | |
910 | - | Requirements for each level of care shall be est ablished by the | |
911 | - | Commissioner. Licensure at any level of care includes a license to | |
912 | - | operate at any lower level, with the exception of licensure for | |
913 | - | specialty care; provided, however, that the highest l evel of care | |
914 | - | offered by an ambulance service shall be a vailable twenty-four (24) | |
915 | - | hours each day, three hundred sixty -five (365) days per year. | |
916 | - | Licensure shall be granted or renewed for such periods and under | |
917 | - | such terms and conditions as may be promulgated by the Commissioner; | |
918 | - | 19. 21. “Medical control” means local, regional or sta tewide | |
919 | - | medical direction and quality assurance of health care delivery in | |
920 | - | an emergency medical service system. O nline medical control is the | |
921 | - | medical direction given to licensed em ergency medical personnel, | |
922 | - | certified emergency medical responders and stretc her van personnel | |
923 | - | by a physician via radio or telephone. Off -line medical control is | |
924 | - | the establishment and monit oring of all medical components of an | |
925 | - | emergency medical service sys tem, which is to include stretcher van | |
926 | - | service including, but not limited to , protocols, standing orders, | |
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952 | - | ||
953 | - | educational programs, and the quality and delivery of onli ne | |
954 | - | control; | |
955 | - | 20. 22. “Medical director” means a physician, fully licensed | |
956 | - | without restriction, who acts as a paid or volunteer medical advisor | |
957 | - | to a licensed ambulance s ervice and who monitors and directs the | |
958 | - | care so provided. Such physicians shall meet such q ualifications | |
959 | - | and requirements as may be promulgated by the Commissioner; | |
960 | - | 21. 23. “Region” or “emergency medical service region ” means | |
961 | - | two or more municipalities, counties, ambulance districts or other | |
962 | - | political subdivisions exercising joint control over one or more | |
963 | - | providers of emergency medical services and stretcher van service | |
964 | - | through common ordinances, authorities, boards or other means; | |
965 | - | 22. 24. “Regional emergency medical services system” means a | |
966 | - | network of organizations, individuals, facilities and equipme nt | |
967 | - | which serves a region, subject to a unified set of regional rules | |
968 | - | and standards which may exceed, but may not be in contravention of , | |
969 | - | those required by the state, which is under the medical direction of | |
970 | - | a single regional medical director, and which part icipates directly | |
971 | - | in the delivery of the following services: | |
972 | - | a. medical call-taking and emergency medical services | |
973 | - | dispatching, emergen cy and routine includ ing priority | |
974 | - | dispatching of first response agencies, stretcher van | |
975 | - | and ambulances, | |
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1001 | - | ||
1002 | - | b. emergency medical responder services provided by | |
1003 | - | emergency medical response agencies, | |
1004 | - | c. ambulance services, both emergency, routine and | |
1005 | - | stretcher van including, but not limited to, the | |
1006 | - | transport of patients in accordance with transport | |
1007 | - | protocols approved by the regional medical dir ector, | |
1008 | - | and | |
1009 | - | d. directions given by physicians directly via radio or | |
1010 | - | telephone, or by written protocol, to emergency | |
1011 | - | medical response agencies, s tretcher van or ambulance | |
1012 | - | personnel at the scene of an emergency or while en | |
1013 | - | route to a hospital; | |
1014 | - | 23. 25. “Regional medical director ” means a licensed physician, | |
1015 | - | who meets or exceeds the qualifications of a medical director as | |
1016 | - | defined by the Oklahoma Emer gency Response Systems Development Act, | |
1017 | - | chosen by an emergency medical service region to p rovide external | |
1018 | - | medical oversight, quality control and related services to that | |
1019 | - | region; | |
1020 | - | 24. 26. “Registration” means the listing of an ambulance | |
1021 | - | service in a registr y maintained by the Department; provided, | |
1022 | - | however, registration shall not be deemed to be a li cense; | |
1023 | - | 25. 27. “Stretcher van” means any ground vehicle which is or | |
1024 | - | should be approved by the State Commissioner of Health, which is | |
1025 | - | designed and equipped to tra nsport individuals on a stretcher or | |
1026 | - | ||
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1051 | - | ||
1052 | - | gurney type apparatus. Vehicles used as stretcher vans shall meet | |
1053 | - | such standards as may be required by the Commissioner for approval | |
1054 | - | and shall display evidence of licensure at all times. The | |
1055 | - | Commissioner shall not est ablish Federal Specification KKK-A-1822 | |
1056 | - | ambulance standards for stretcher vans; provided, a stretc her van | |
1057 | - | shall meet Ambulance Manufacturers Division (AMD) Standards 004, 012 | |
1058 | - | and 013, and shall pass corresponding safety tests. Stretch er van | |
1059 | - | services shall only be permitted and approved by the Commissioner in | |
1060 | - | emergency medical service regions, ambulanc e service districts, or | |
1061 | - | counties with populations in excess of five hundred thousa nd | |
1062 | - | (500,000) people. Notwithstanding the provisions of this paragraph, | |
1063 | - | stretcher van transports may be made to and from any federal or | |
1064 | - | state veterans facility. Stretcher va ns may carry and provide | |
1065 | - | oxygen and may carry and utilize any equipment necessary for the | |
1066 | - | provision of oxygen; | |
1067 | - | 26. 28. “Stretcher van passenger” means any person who is or | |
1068 | - | will be transported in a reclining position on a stretcher or | |
1069 | - | gurney, who is medically stable, nonemergent and does not require | |
1070 | - | any medical monitoring equipment or a ssistance during transport | |
1071 | - | except oxygen. Passengers m ust be authorized as qualified to be | |
1072 | - | transported by stretcher van. Passengers shall be authorized | |
1073 | - | through screening provid ed by a certified medical dispatching | |
1074 | - | protocol approved by the Department. Al l patients being transported | |
1075 | - | to or from any medically l icensed facility shal l be screened before | |
1076 | - | ||
1077 | - | ENGR. S. B. NO. 536 Page 10 1 | |
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1101 | - | ||
1102 | - | transport. Any patient transported without screening shall be a | |
1103 | - | violation of Commissioner rule by the transporting company and | |
1104 | - | subject to administrative proce dures of the Department; and | |
1105 | - | 27. 29. “Transport protocol” means the written instructions | |
1106 | - | governing decision-making at the scene of a medical emergency by | |
1107 | - | ambulance personnel regardi ng the selection of the hospital to which | |
1108 | - | the patient shall be transported . Transport protocols shall be | |
1109 | - | developed by the region al medical director f or a regional emergency | |
1110 | - | medical services system or by the Department if no regional | |
1111 | - | emergency medical serv ices system has been established. Such | |
1112 | - | transport protocols shall adhere t o, at a minimum, the following | |
1113 | - | guidelines: | |
1114 | - | a. nonemergency, routine transpor t shall be to the | |
1115 | - | facility of the patient ’s choice, | |
1116 | - | b. urgent or emergency transport not involving life - | |
1117 | - | threatening medical illness or injury shall b e to the | |
1118 | - | nearest facility, or, subject to transport | |
1119 | - | availability and system area cover age, to the facility | |
1120 | - | of the patient’s choice, | |
1121 | - | c. life-threatening medical illness or injury shall | |
1122 | - | require transport to the near est health care facility | |
1123 | - | appropriate to the needs of the patient as establ ished | |
1124 | - | by regional or state guidelines, and | |
1125 | - | ||
1126 | - | ENGR. S. B. NO. 536 Page 11 1 | |
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1149 | - | 24 | |
1150 | - | ||
1151 | - | d. emergency ambulance transporta tion is not required | |
1152 | - | when a patient’s apparent clinical condition, as | |
1153 | - | defined by applicable medical treatm ent protocols, | |
1154 | - | does not warrant emergency a mbulance transport, and | |
1155 | - | nontransport of patients is authorized pursuant to | |
1156 | - | applicable medical treatment pro tocols established by | |
1157 | - | the regional medical director. | |
1158 | - | SECTION 5. REPEALER 63 O.S. 2021, Section 1-2503, as | |
1159 | - | amended by Section 1, Chapter 246, O.S. L. 2016, is hereby repealed. | |
1160 | - | SECTION 6. This act shall become effectiv e November 1, 2023. | |
1161 | - | Passed the Senate the 9th day of March, 2023. | |
1162 | - | ||
1163 | - | ||
1164 | - | ||
1165 | - | Presiding Officer of the Senate | |
1166 | - | ||
1167 | - | ||
1168 | - | Passed the House of Representatives the ____ day of __________, | |
1169 | - | 2023. | |
1170 | - | ||
1171 | - | ||
1172 | - | ||
1173 | - | Presiding Officer of the House | |
1174 | - | of Representatives | |
1175 | - | ||
1176 | - | ||
569 | + | COMMITTEE REPORT BY: COMMITTEE ON COUNTY AND MUNICIPAL GOVERNMENT, | |
570 | + | dated 04/11/2023 - DO PASS, As Amended. |