Bill Text: CA AB1387 | 2011-2012 | Regular Session | Amended
Bill Title: Budget Act of 2012.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2012-08-27 - Read second time. Ordered to third reading. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c). [AB1387 Detail]
Download: California-2011-AB1387-Amended.html
BILL NUMBER: AB 1387 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 24, 2012
AMENDED IN SENATE SEPTEMBER 2, 2011
AMENDED IN SENATE AUGUST 29, 2011
AMENDED IN ASSEMBLY MAY 27, 2011
AMENDED IN ASSEMBLY APRIL 25, 2011
INTRODUCED BY Assembly Member Solorio
FEBRUARY 18, 2011
An act to amend Sections 1797.270, 1797.274, and 1797.276
of, and to repeal and add Section 1797.201 of, the Health and Safety
Code, relating to emergency medical services the
Budget Act of 2012 by amending Item 6120-011-6029 of Section 2.00 of
that act, relating to the state budget, and making an appropriation
therefor, to take effect immediately, budget bill. .
LEGISLATIVE COUNSEL'S DIGEST
AB 1387, as amended, Solorio. Emergency medical services.
Budget Act of 2012.
The Budget Act of 2012 made appropriations for the support of
state government for the 2012-13 fiscal year.
This bill would amend the Budget Act of 2012 by revising an item
of appropriation relating to the California State Library.
This bill would declare that it is to take effect immediately as a
Budget Bill.
(1) Existing law establishes the Emergency Medical Services System
and the Prehospital Emergency Medical Care Personnel Act, which
governs local emergency medical service systems and establishes the
Emergency Medical Services Authority, which is responsible for the
coordination and integration of all state activities concerning
emergency medical services. The act requires a county to enter into a
written agreement with a city or fire district that contracted for,
or provided, as of June 1, 1980, prehospital emergency medical
services regarding the provision of these services for the city or
fire district, as specified. The act requires, until an agreement is
reached, prehospital emergency medical services to be continued at
not less than the existing level, unless reduced by the city council
or the governing body of the fire district, as specified.
This bill would continue the authorization of a city or fire
district that had continuously contracted for or provided prehospital
emergency medical services (EMS) since June 1, 1980, to contract for
or provide the administration of the same type of prehospital EMS
that it has continuously provided or contracted for during that time,
within the geographical service area that it continuously served
during that time, if the city or fire district makes a formal written
request to the local EMS agency prior to January 1, 2014, and if
specified conditions are met. The bill would authorize a city or fire
district to increase its geographical area if specified conditions
are met. The bill would prohibit a local EMS agency from creating an
exclusive operating area for a type of prehospital EMS provided or
contracted for by a city or fire district that is providing
continuing prehospital EMS.
(2) The EMS act authorizes the establishment of an emergency
medical care committee in each county and requires the committee to
annually review ambulance services operating within the county,
emergency medical care offered within the county, and first aid
practices in the county. The act also requires the committee to
report its observations and recommendations relative to this review
to the authority and the local EMS agency.
This bill would, instead, require the committee to review the
county's emergency medical care system and to act in an advisory
capacity to the county board or boards of supervisors. The bill would
require the membership of an emergency medical care committee in
each county to be representative of the EMS system participants.
(3) By increasing the duties of local officials, this bill would
impose a state-mandated local program.
(4) 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 these
statutory provisions.
Vote: majority. Appropriation: no yes
. Fiscal committee: yes. State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Item 6120-011-6029 of Section 2.00 of
the Budget Act of 2012 is amended to read:
6120-011-6029--For support of California
State Library, Program 10-State Library
Services-Administration of the California
Cultural and Historical Endowment,
authorized by Chapter 157 of the Statutes
of 2003, payable from the California Clean
Water, Clean Air, Safe Neighborhood Parks,
and Coastal Protection Fund................. 562,000
662,000
Provisions:
1. The expenditure of funds from this
item shall not exceed the amount
authorized for administration from
the California Clean Water, Clean
Air, Safe Neighborhood Parks, and
Coastal Protection Act of 2002
(Proposition 40).
SEC. 2. This act is a Budget Bill within the
meaning of subdivision (e) of Section 12 of Article IV of the
California Constitution and shall take effect immediately.
SECTION 1. The Legislature finds and declares
all of the following:
(a) Emergency medical services (EMS) system coordination remains
the key factor in efficiently delivering the highest level of
prehospital patient care and emergency medical transport.
(b) All prehospital EMS providers in the EMS delivery system must
be guided by consistent, clear standards regarding their rights,
responsibilities, and duties arising out of the provision of
prehospital EMS to their respective communities.
(c) Local EMS agencies responsible for developing and maintaining
a local emergency medical services plan must be guided by and
responsive to reasonable and consistent standards for evaluating and
determining the scope, manner, and types of services provided within
their respective jurisdictions, particularly when making
determinations regarding exclusive operating areas and the roles of
cities and fire districts that have provided prehospital EMS at not
less than the existing level since June 1, 1980.
(d) It is the intent of this act to preserve the rights of cities
and fire districts as set forth in Section 1797.201, as that section
read on December 31, 2011.
(e) Cities, fire districts, private providers, and local EMS
agencies are vital partners in the delivery of prehospital EMS,
partners that contribute to a rapid deployment of highly trained EMS
personnel.
(f) It is in the public interest to ensure that all agencies
providing prehospital EMS do so within a coordinated EMS system that
provides clear standards for training, certification, and licensure
of personnel, as well as for administration, medical control, and
clinical oversight.
SEC. 2. Section 1797.201 of the Health and
Safety Code is repealed.
SEC. 3. Section 1797.201 is added to the Health
and Safety Code, to read:
1797.201. (a) A city or fire district that has continuously
provided, or contracted for, prehospital emergency medical services
(EMS) since June 1, 1980, shall have continuing authorization to
provide or contract for the administration of, with control as this
term is defined in regulation, the same type of prehospital EMS that
it has continuously provided, or contracted for, during that time,
within the geographical service area that it has continuously served
during that time, if the city or fire district makes a formal written
request for recognition to the local EMS agency prior to January 1,
2014, and if the following conditions are met:
(1) The city or fire district has not previously entered into a
written prehospital EMS agreement with a county. A city or fire
district that has previously entered into an agreement exclusively
for the purpose of agreeing to adhere to the local EMS agency's
medical control policies and procedures shall not constitute a
written prehospital EMS administration agreement under this section.
(2) The city or fire district requesting recognition enters into a
written agreement, of an unlimited term, with the local EMS agency,
in a form specified by the local EMS agency, for the purposes of this
section, addressing only the following:
(A) Medical control, pursuant to Chapter 5 (commencing with
Section 1798) including policies, protocols, emergency medical
dispatch protocols, and quality improvement.
(B) Coordination of EMS resources.
(C) Recognition of the type of prehospital EMS that the city or
fire district is authorized to perform.
(D) Designation of the geographical service area for which
authorization is granted.
(E) Standards for operational control.
(F) Other terms mutually agreed upon by the contracting parties.
(b) If the city or fire district fails to enter into an agreement
with the local EMS agency, or failed to commence an appeal, by
January 1, 2014, then the city or fire district shall not perform or
contract for that type of prehospital EMS unless formally authorized
to do so by the local EMS agency in accordance with the requirements
of this division. A city or fire district that has commenced an
appeal shall continue to provide or contract for those services it
has provided as of the date of the appeal, until the appeal is
resolved. Appeals shall proceed in the following order: (i) the local
emergency medical care committee or its equivalent, (ii) the
governing body of the local EMS agency, and (iii) judicial review.
(c) If a city or fire district that meets the specifications of
this section has increased or increases its geographical area beyond
the geographical service area that it served as of June 1, 1980,
through annexation or consolidation, the following shall apply for
the newly acquired area:
(1) If the annexation or consolidation occurred prior to January
1, 2012, the annexing city, fire district, or consolidated entity
shall qualify for recognition to provide or contract for the existing
type of prehospital EMS that the annexing city, fire district, or
consolidated entity has provided or contracted for continuously since
the annexation or consolidation occurred. Notwithstanding any other
law, an annexation or consolidation shall not displace an EMS
provider with a current contract with a local EMS agency to provide a
type of EMS within an exclusive operating area.
(2) If the annexation or consolidation occurs after January 1,
2012, the annexing city, fire district, or consolidated entity shall
assume the recognition to provide or contract for the preexisting
type of prehospital EMS that had been continuously provided, or
contracted for, since June 1, 1980, by the predecessor city or fire
district for that geographical service area if there was such a city
or fire district for that geographical service area. Notwithstanding
any other law, an annexation or consolidation shall not displace an
EMS provider with a current contract with a local EMS agency to
provide a type of EMS within an exclusive operating area.
(3) This section shall not be construed to authorize any other
public agency overseeing an annexation or consolidation to make
changes to the local EMS agency's EMS plan for the provision of
prehospital EMS.
(d) A city or fire district contracting to provide services may
enter into a written agreement for recognition to provide a type or
types of prehospital EMS with the local EMS agency pursuant to
subdivision (a), on behalf of the city or fire district that has
continuously provided or contracted for, as of June 1, 1980, a type
or types of prehospital EMS.
(e) A city or fire district that has not continuously provided or
contracted for a type of prehospital EMS since June 1, 1980, shall
not provide or contract for that type of prehospital EMS unless
formally authorized to do so by the local EMS agency in accordance
with the requirements of this division.
(f) A local EMS agency shall include all cities and fire districts
that comply with the requirements of this section in its local
emergency medical services plan.
(g) For purposes of this section, "type of prehospital EMS" shall
only include one or more of the following:
(1) First response, which means the delivery of prehospital EMS
without patient transport.
(2) Dispatch, which means dispatch of a provider's own or
contracted prehospital EMS resources.
(3) 911 ambulance transport service, which means ambulance service
provided in response to a 911 call or, as determined by the local
EMS agency, an emergency call to a seven digit number.
(h) This section shall not preclude a city or fire district from
increasing the level of service it provides or contracts for within a
type of prehospital EMS for which it has continuously provided
service since June 1, 1980. For the purpose of this section, "level"
shall mean basic life support, limited advanced life support, or
advanced life support. Without limiting the foregoing, a city or fire
district that has continuously provided basic life support first
response since June 1, 1980, may upgrade to advanced life support
first response.
(i) The level of prehospital EMS provided by a city or fire
district may be reduced where the governing body of a city or fire
district, pursuant to a public hearing, determines that the reduction
is necessary. When a governing body of a city or fire district has
determined that a service-level reduction is necessary, notice shall
be provided to the local EMS agency a minimum of 90 days before the
service reduction is implemented. The local EMS agency shall conduct
a public hearing to report on the impact of the proposed service
reduction on the local EMS system.
(j) This section shall not be construed to permit a city or fire
district to add a type of prehospital EMS that it has not provided or
contracted for continuously since June 1, 1980.
(k) A local EMS agency shall not create an exclusive operating
area for a type of prehospital EMS provided or contracted for by a
city or fire district meeting the requirements of this section within
the geographical service area of the city or fire district unless
the exclusive operating area is awarded to that city or fire district
through a noncompetitive process in accordance with Section
1797.224.
(l) The continuing authorization of a city or fire district to
provide a type or types of prehospital EMS recognized pursuant to
this section shall transfer to any successor agency, including, but
not limited to, a joint powers agency, but that recognition shall be
limited to the geographical area of the predecessor agency that
continuously provided or contracted for, as of June 1, 1980, that
type or those types of prehospital EMS.
SEC. 4. Section 1797.270 of the Health and
Safety Code is amended to read:
1797.270. An emergency medical care committee may be established
in each county in this state. The committee membership shall be
representative of the EMS system participants. Nothing in this
division should be construed to prevent two or more adjacent counties
from establishing a single committee for review of emergency medical
care in these counties.
SEC. 5. Section 1797.274 of the Health and
Safety Code is amended to read:
1797.274. The emergency medical care committee shall, at least
annually, review the county's emergency medical care system.
SEC. 6. Section 1797.276 of the Health and
Safety Code is amended to read:
1797.276. Every emergency medical care committee shall, at least
annually, report to the authority, and the local EMS agency its
observations and recommendations relative to its review of the county'
s emergency medical care system. The emergency medical care committee
shall submit its observations and recommendations to the county
board or boards of supervisors which it serves and shall act in an
advisory capacity to the county board or boards of supervisors that
it serves, and to the local EMS agency, on all matters relating to
emergency medical services.
SEC. 7. This act, which repeals and adds
Section 1797.201 of the Health and Safety Code, shall not be
construed to affect, limit, or otherwise invalidate any decision by a
court of competent jurisdiction that interprets and applies Division
2.5 (commencing with Section 1797) of the Health and Safety Code, as
that division read on December 31, 2011.
SEC. 8. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
