Bill Text: CA AB1276 | 2023-2024 | Regular Session | Amended
Bill Title: Emergency response services: “911” call and dispatch data.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1276 Detail]
Download: California-2023-AB1276-Amended.html
|
Amended
IN
Assembly
May 02, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1276
| Introduced by Assembly Member McKinnor |
February 16, 2023 |
An act to add Division 110 (commencing with Section 130300) to the Health and Safety Code, relating to emergency response services.
LEGISLATIVE COUNSEL'S DIGEST
AB 1276, as amended, McKinnor.
Emergency response services: “911” call and dispatch data.
Existing law requires every local public agency within its respective jurisdiction to establish and have in operation a basic system, or be part of a system, that processes “911” emergency telephone calls. Existing law requires each system to include police, firefighting, and emergency medical and ambulance services, and authorizes the system to include other emergency services, such as poison control services, suicide prevention services, and civil defense services.
Existing law requires a public safety agency that provides “911” call processing services for emergency medical response to make a connection available from the public safety agency dispatch center to an emergency medical services (EMS) provider’s dispatch center for the timely transmission of emergency response information. Existing law requires a public safety agency
implementing an emergency medical dispatch program to perform “911” call processing services and operate the program in accordance with applicable state guidelines and regulations and the policies adopted by the local EMS agency, as specified.
This bill would require the University of California at Davis Health (UC Davis Health) to establish a program for the receipt and collection of “911” emergency call and dispatch data, in order to complete an analysis of the data for the purpose of improving emergency response services systems. The bill would require UC Davis Health to adopt uniform statewide data standards for “911” call and dispatch data, as specified, and to create a data portal that catalogs the collected data, aggregated on a statewide level, excluding any personally identifiable information.
and containing only deidentified data, as defined.
Under the bill, the Emergency Medical Services Authority, the Office of Emergency Services, the Department of Health Care Access and Information, and the Department of Justice would collaborate with UC Davis Health for purposes of this program.
The bill would require any applicable entity, as specified, whether state or local, public or private, that has available to it “911” call and dispatch data to send the data to UC Davis Health. By creating new duties for local public entities, the bill would impose a state-mandated local program.
The bill would condition implementation of these provisions on an appropriation, consistent with any applicable federal or state privacy laws, and approval by the Regents of the
University of California for the participation of UC Davis Health. Health, and the provisions not superseding or preempting the applicability of any existing state or federal privacy laws.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Division 110 (commencing with Section 130300) is added to the Health and Safety Code, to read:DIVISION 110. “911” Call and Dispatch Data
130300.
(a) Subject to subdivision (c), the University of California at Davis Health (UC Davis Health), in collaboration with the Emergency Medical Services Authority (EMSA), the Office of Emergency Services (Cal OES), the Department of Health Care Access and Information (HCAI), and the Department of Justice (DOJ), shall do all of the following:(1) Establish a program for the receipt and collection of “911” emergency call and dispatch data, in order to complete an analysis of the data pursuant to this section, for the purpose of improving emergency response services systems. The program shall be housed in the Department of Emergency Medicine of UC Davis Health.
(2) Adopt uniform statewide data standards for “911” call and dispatch data, including, but not limited to, standards for the categories, types, and format of data collected. collected, and deidentification protocols for these data.
(3) (A) Create a data portal that catalogs the collected data, aggregated on a statewide level. The data portal shall exclude any personally identifiable information.
contain only deidentified data.
(B) For purposes of this paragraph, “deidentified data” means data with all information that is listed in Section 164.514(b)(2) of Title 45 of the Code of Federal Regulations removed, with the exception of allowing dates and geographic location information down to the street level to remain in the data, to the extent not in conflict with federal law. Street level information shall not include an actual street address.
(b) Upon the establishment of the program by UC Davis Health, any applicable entity, whether state or local, public or private, that has available to it, as part of its official functions or systems, “911” call and dispatch data shall send the data to UC
Davis Health. Those entities shall include, but not be limited to, local emergency medical services (EMS) agencies, EMS providers, EMSA, Cal OES, HCAI, and DOJ, if any applicable data are available.
(c) This section shall be implemented only to the extent that it does not supersede or preempt the applicability of any existing state or federal privacy laws, including, but not limited to, all of the following:
(1) The federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191, as amended).
(2) The Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code).
(3) The Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code).
(4) The California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code), including amendments to that act under the California Privacy Rights Act of 2020 (enacted by Proposition 24 at the November 3, 2020, general election).
(c)
(d) (1) This section shall be implemented subject to an appropriation
made by the Legislature for the purpose of implementing this section.
(2)This section shall be implemented only to the extent not in conflict with any applicable federal or state privacy laws.
(3)
(2) This section shall be implemented subject to approval by the Regents of the University of California for the participation of UC Davis Health as described in this section.
