Bill Text: CA AB1931 | 2015-2016 | Regular Session | Amended
Bill Title: Emergency medical services: paramedics: discipline.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB1931 Detail]
Download: California-2015-AB1931-Amended.html
BILL NUMBER: AB 1931 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 25, 2016
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Rodriguez
FEBRUARY 12, 2016
An act to amend Sections 1797.184, 1798.200, 1798.201, and
1798.202 of, and to repeal Section 1799.112 of, the Health and Safety
Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 1931, as amended, Rodriguez. Emergency medical services:
paramedics: discipline.
Under existing law, the Emergency Medical Services System and the
Prehospital Emergency Medical Care Personnel Act, the Emergency
Medical Services Authority is responsible for establishing training,
scope of practice, and continuing education for emergency medical
technicians and other prehospital personnel, including Emergency
Medical Technician-I (EMT-I), Emergency Medical Technician-II
(EMT-II), and Emergency Medical Technician Paramedic (EMT-P)
designations. The act authorizes an employer of an EMT-I or EMT-II to
conduct investigations and take disciplinary action against an EMT-I
or EMT-II who is employed by that employer for specified conduct,
and authorizes the authority to, among other things, deny, suspend,
or revoke any EMT-P license for the same specified conduct. Existing
law requires an EMT-P's employer to report in writing to the local
EMS agency and the authority within 30 days of specified disciplinary
action being taken with regard to an EMT-P.
This bill would require the authority to develop and adopt
guidelines for disciplinary orders, temporary suspensions, and
conditions of probation for EMT-P licenseholders. The bill would also
integrate and conform the procedures for investigating misconduct of
EMT-P licenseholders with those of EMT-I and EMT-II certificate
holders, including requiring notification of disciplinary action with
regard to an EMT-P to be given to the local EMS agency and the
authority within 3 days.
Existing law authorizes the medical director of the local EMS
agency to evaluate information that comes to his or her attention
that appears to constitute grounds for disciplinary action against an
EMT-P and to make a recommendation to the authority for further
investigation or discipline. Existing law also authorizes the
temporary suspension, in specified circumstances, of an EMT-P
license.
This bill would require the medical director of the local EMS
agency, if he or she makes a recommendation to the authority for
further investigation or discipline, to notify the EMT-P's employer
within 3 days. The bill would additionally require notification of
the EMT-P's employer when there is a temporary suspension of an EMT-P'
s license.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1797.184 of the Health and Safety Code is
amended to read:
1797.184. The authority shall develop and, after approval by the
commission pursuant to Section 1799.50, adopt all of the following:
(a) Guidelines for disciplinary orders, temporary suspensions, and
conditions of probation for EMT-I and EMT-II certificate holders and
EMT-P licenseholders that protect the public health and safety.
(b) Regulations for the issuance of EMT-I and EMT-II certificates
by a certifying entity that protect the public health and safety.
(c) Regulations for the recertification of EMT-I and EMT-II
certificate holders that protect the public health and safety.
(d) Regulations for disciplinary processes for EMT-I and EMT-II
applicants and certificate holders that protect the public health and
safety. These disciplinary processes shall be in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code.
SEC. 2. Section 1798.200 of the Health and Safety Code is amended
to read:
1798.200. (a) (1) (A) Except as provided in paragraph (2), an
employer of an EMT-I, EMT-II, or EMT-P may conduct investigations, as
necessary, and take disciplinary action against an EMT-I, EMT-II, or
EMT-P who is employed by that employer for conduct in violation of
subdivision (c). The employer shall notify the regulating entity
within three days when an allegation has been validated as a
potential violation of subdivision (c).
(B) Each employer of an EMT-I, EMT-II, or EMT-P shall notify the
regulating entity within three days after the EMT-I, EMT-II, or EMT-P
is terminated or suspended for a disciplinary cause, the EMT-I,
EMT-II, or EMT-P resigns following notification of an impending
investigation based upon evidence that would indicate the existence
of a disciplinary cause, or the EMT-I, EMT-II, or EMT-P is removed
from EMT-related duties for a disciplinary cause after the completion
of the employer's investigation. The employer of an EMT-P shall
provide the regulating entity with all supporting documentation at
the time of notification.
(C) At the conclusion of an investigation, the employer may
develop and implement, in accordance with the guidelines for
disciplinary orders, temporary suspensions, and conditions of
probation adopted pursuant to Section 1797.184, a disciplinary plan
for the EMT-I, EMT-II, or EMT-P. Upon adoption of the disciplinary
plan, the employer shall submit that plan to the regulating entity
within three working days. The employer's disciplinary plan may
include a recommendation that the director consider taking action
against the holder's certificate or license pursuant to paragraph
(3).
(2) If an EMT-I, EMT-II, or EMT-P is not employed by an ambulance
service licensed by the Department of the California Highway Patrol
or a public safety agency, or if that ambulance service or public
safety agency chooses not to conduct an investigation pursuant to
paragraph (1) for conduct in violation of subdivision (c), the
director shall conduct the investigations, and, upon a determination
of disciplinary cause, take disciplinary action as necessary against
the EMT-I, EMT-II, or EMT-P. At the conclusion of these
investigations, the director shall develop and implement, in
accordance with the recommended guidelines for disciplinary orders,
temporary orders, and conditions of probation adopted pursuant to
Section 1797.184, a disciplinary plan for the EMT-I, EMT-II, or
EMT-P. The director's disciplinary plan may include action against
the holder's certificate or license pursuant to paragraph (3).
(3) The director may, upon a determination of disciplinary cause
and in accordance with regulations for disciplinary processes adopted
pursuant to Section 1797.184, deny, suspend, or revoke any EMT-I or
EMT-II certificate or EMT-P license issued under this division, or
may place an EMT-I or EMT-II certificate holder or EMT-P
licenseholder on probation, upon the finding by the director of the
occurrence of any of the actions listed in subdivision (c) and the
occurrence of one of the following:
(A) The employer, after conducting an investigation, failed to
impose discipline for the conduct under investigation, or the
director makes a determination that the discipline imposed was not
according to the guidelines for disciplinary orders and conditions of
probation and the conduct of the EMT-I or EMT-II certificate holder
or EMT-P licenseholder constitutes grounds for disciplinary action
against the holder's certificate or license.
(B) Either the employer further determines, after an investigation
conducted under paragraph (1), or the director determines after an
investigation conducted under paragraph (2), that the conduct
requires disciplinary action against the holder's certificate or
license.
(4) The director, after consultation with the employer, may
temporarily suspend, prior to a hearing, an EMT-I or EMT-II
certificate, an EMT-P license, or a combination thereof upon a
determination that both of the following conditions have been met:
(A) The certificate holder or licenseholder has engaged in acts or
omissions that constitute grounds for revocation of the EMT-I or
EMT-II certificate or EMT-P license.
(B) Permitting the certificate holder or licenseholder to continue
to engage in the regulated activity without restriction would pose
an imminent threat to the public health or safety.
(5) If the director temporarily suspends a certificate or license,
the regulating entity shall notify the certificate holder or
licenseholder that his or her certificate or license is suspended and
shall identify the reasons therefor. Within three working days of
the initiation of the suspension by the regulating entity, the
regulating entity and employer shall jointly investigate the
allegation in order for the regulating entity to make a determination
of the continuation of the temporary suspension. All investigatory
information not otherwise protected by law held by the regulating
entity and employer shall be shared between the parties via facsimile
transmission or overnight mail relative to the decision to
temporarily suspend. The regulating entity shall decide, within 15
calendar days, whether to serve the certificate holder or
licenseholder with an accusation pursuant to Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code. If the certificate holder or licenseholder files a
notice of defense, the hearing shall be held within 30 days of the
regulating entity's receipt of the notice of defense. The temporary
suspension order shall be deemed vacated if the regulating entity
fails to make a final determination on the merits within 15 days
after the administrative law judge renders the proposed decision.
(6) The director shall refer, for investigation and discipline,
any complaint received on an EMT-I, EMT-II, or EMT-P to the relevant
employer within three days of receipt of the complaint, pursuant to
subparagraph (A) of paragraph (1) of subdivision (a).
(b) For purposes of this section, the following definitions shall
apply:
(1) "Director" means either of the following:
(A) For purposes of EMT-I or EMT-II certificate holders, the
medical director of the local EMS agency that has
jurisdiction in the county in which the alleged violation occurred.
jurisdiction.
(B) For purposes of EMT-P licenseholders, the Director of the
Emergency Medical Services Authority.
(2) "Regulating entity" means either of the following:
(A) For purposes of EMT-I and EMT-II certificate holders, the
local EMS agency that has jurisdiction in the county in
which the alleged violation occurred. jurisdiction.
(B) For purposes of EMT-P licenseholders, the EMS Authority. When
requiring a report or notification regarding an EMT-P, "regulating
entity" refers to both the local EMS agency that has
jurisdiction in the county in which the alleged violation occurred
jurisdiction and the EMS Authority.
(c) Any of the following actions shall be considered evidence of a
threat to the public health and safety and may result in the denial,
suspension, or revocation of a certificate or license issued under
this division, or in the placement on probation of a certificate
holder or licenseholder under this division:
(1) Fraud in the procurement of any certificate or license under
this division.
(2) Gross negligence.
(3) Repeated negligent acts.
(4) Incompetence.
(5) The commission of any fraudulent, dishonest, or corrupt act
that is substantially related to the qualifications, functions, and
duties of prehospital personnel.
(6) Conviction of any crime that is substantially related to the
qualifications, functions, and duties of prehospital personnel. The
record of conviction or a certified copy of the record shall be
conclusive evidence of the conviction.
(7) Violating or attempting to violate directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision of this division or the regulations adopted by the
authority pertaining to prehospital personnel.
(8) Violating or attempting to violate any federal or state
statute or regulation that regulates narcotics, dangerous drugs, or
controlled substances.
(9) Addiction to, the excessive use of, or the misuse of,
alcoholic beverages, narcotics, dangerous drugs, or controlled
substances.
(10) Functioning outside the supervision of medical control in the
field care system operating at the local level, except as authorized
by any other license or certification.
(11) Demonstration of irrational behavior or occurrence of a
physical disability to the extent that a reasonable and prudent
person would have reasonable cause to believe that the ability to
perform the duties normally expected may be impaired.
(12) Unprofessional conduct exhibited by any of the following:
(A) The mistreatment or physical abuse of any patient resulting
from force in excess of what a reasonable and prudent person trained
and acting in a similar capacity while engaged in the performance of
his or her duties would use if confronted with a similar
circumstance. Nothing in this section shall be deemed to prohibit an
EMT-I, EMT-II, or EMT-P from assisting a peace officer, or a peace
officer who is acting in the dual capacity of peace officer and
EMT-I, EMT-II, or EMT-P, from using that force that is reasonably
necessary to effect a lawful arrest or detention.
(B) The failure to maintain confidentiality of patient medical
information, except as disclosure is otherwise permitted or required
by law in Part 2.6 (commencing with Section 56) of Division 1 of the
Civil Code.
(C) The commission of any sexually related offense specified under
Section 290 of the Penal Code.
(d) The information shared among EMT-I, EMT-II, and EMT-P
employers, medical directors of local EMS agencies, the authority,
and EMT-I and EMT-II certifying entities shall be deemed to be an
investigative communication that is exempt from public disclosure as
a public record pursuant to subdivision (f) of Section 6254 of the
Government Code. A formal disciplinary action against an EMT-I,
EMT-II, or EMT-P shall be considered a public record available to the
public, unless otherwise protected from disclosure pursuant to state
or federal law.
(e) For purposes of this section, "disciplinary cause" means only
an action that is substantially related to the qualifications,
functions, and duties of an EMT-I, EMT-II, or EMT-P and is evidence
of a threat to the public health and safety described in subdivision
(c).
(f) The reporting requirements of subdivision (a) do not require
or authorize the release of information or records of an EMT-P who is
also a peace officer protected by Section 832.7 of the Penal Code.
(g) Proceedings against any EMT-P licenseholder shall be held in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code.
(h) (1) Pursuant to subdivision (i) of Section 1798.24 of the
Civil Code, upon notification to the EMT-P, the EMS Authority may
share the results of its investigation pursuant to subdivision (a)
with the employer, a prospective employer when requested, in writing,
as part of a preemployment background check, or the local EMS
agency.
(2) An EMT-P licensee or applicant to whom the information
pertains, as set forth in subdivision (a) of Section 1798.24 of the
Civil Code, may view the contents of a closed investigation file upon
request during the EMS Authority's regular business hours.
SEC. 3. Section 1798.201 of the Health and Safety Code is amended
to read:
1798.201. (a) When information comes to the attention of the
medical director of the local EMS agency that an EMT-P licenseholder
has committed any act or omission that appears to constitute grounds
for disciplinary action under this division, the medical director of
the local EMS agency may evaluate the information to determine if
there is reason to believe that disciplinary action may be necessary.
(b) If the medical director sends a recommendation to the
authority for further investigation or discipline of the
licenseholder, the medical director shall also notify, within three
days, the EMT-P's employer. The recommendation to the authority and
the notification sent to the employer shall include all documentary
evidence collected by the medical director in evaluating whether or
not to make that recommendation. The recommendation and accompanying
evidence shall be deemed in the nature of an investigative
communication and be protected by Section 6254 of the Government
Code. In deciding what level of disciplinary action is appropriate in
the case, the authority shall consult with the medical director of
the local EMS agency.
SEC. 4. Section 1798.202 of the Health and Safety Code is amended
to read:
1798.202. (a) The director of the authority or the medical
director of the local EMS agency, after consultation with the
relevant employer, may temporarily suspend, prior to hearing, an
EMT-P license upon a determination that: (1) the licensee has engaged
in acts or omissions that constitute grounds for revocation of the
EMT-P license; and (2) permitting the licensee to continue to engage
in the licensed activity, or permitting the licensee to continue in
the licensed activity without restriction, would present an imminent
threat to the public health or safety. When the suspension is
initiated by the local EMS agency, subdivision (b) shall apply. When
the suspension is initiated by the director of the authority,
subdivision (c) shall apply.
(b) The local EMS agency shall notify the licensee that his or
her EMT-P license is suspended and shall identify the reasons
therefor. Within three working days of the initiation of the
suspension by the local EMS agency, the agency shall transmit to the
authority and the EMT-P's employer, via facsimile transmission or
overnight mail, all documentary evidence collected by the local EMS
agency relative to the decision to temporarily suspend. Within two
working days of receipt of the local EMS agency's documentary
evidence, the director of the authority shall determine the need for
the licensure action. Part of that determination shall include an
evaluation of the need for continuance of the suspension during the
licensure action review process. If the director of the authority
determines that the temporary suspension order should not continue,
the authority shall immediately notify the licensee and his or her
employer that the temporary suspension is lifted. If the director of
the authority determines that the temporary suspension order should
continue, the authority shall immediately notify the licensee and his
or her employer of the decision to continue the temporary suspension
and shall, within 15 calendar days of receipt of the EMS agency's
documentary evidence, serve the licensee with a temporary suspension
order and accusation pursuant to Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(c) The director of the authority shall initiate a temporary
suspension with the filing of a temporary suspension order and
accusation pursuant to Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code and shall
notify the director of the local EMS agency, and the relevant
employer.
(d) If the licensee files a notice of defense, the hearing shall
be held within 30 days of the authority's receipt of the notice of
defense. The temporary suspension order shall be deemed vacated if
the authority fails to make a final determination on the merits
within 15 days after the administrative law judge renders the
proposed decision.
SEC. 5. Section 1799.112 of the Health and Safety Code is
repealed.
