Amended  IN  Senate  May 02, 2019
Amended  IN  Senate  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 438

Introduced by Senator Hertzberg
(Principal coauthor: Assembly Member Eggman)
(Coauthor: Senator Galgiani)
(Coauthor: Assembly Member Aguiar-Curry)

February 21, 2019

An act to amend Section 53110 of, and to add Section 53100.5 to, the Government Code, and to add Section 1798.8 to the Health and Safety Code, relating to emergency services.


LEGISLATIVE COUNSEL'S DIGEST


SB 438, as amended, Hertzberg. Emergency medical services: dispatch.
Existing law, the Warren-911-Emergency Assistance Act, requires every local public agency to establish within its jurisdiction a basic emergency telephone system that includes, at a minimum, police, firefighting, and emergency medical and ambulance services. Existing law authorizes a public agency to incorporate private ambulance service into the system.
This bill would prohibit a public agency from delegating, assigning, or contracting for “911” emergency call processing or notification duties regarding the dispatch of emergency response resources unless the delegation or assignment is to, or the contract or agreement is with, another public agency or made pursuant to a joint powers agreement or cooperative agreement. agency. The bill would further exempt from that prohibition a public agency that is a joint powers authority that contracted for emergency response resources on or before January 1, 2019, under certain conditions. The bill would state the Legislature’s intent to affirm and clarify a public agency’s duty and authority to develop emergency communication procedures and respond quickly to a person seeking emergency services through the “911” emergency telephone system.
Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, authorizes each county to develop an emergency medical services (EMS) program and designate a local EMS agency. Existing law delegates responsibility over the medical direction and management of an EMS system to the medical director of the local EMS agency, and requires the local EMS agency to maintain medical control over the EMS system in accordance with minimum standards established by the Emergency Medical Services Authority.
This bill would provide that medical control or medical direction and management of an EMS system may not be construed to to, among other things, limit the authority of a public safety agency to directly receive and administer “911” emergency requests originating within the agency’s territorial jurisdiction, or determine the appropriate jurisdiction or authorize a local EMS agency to reduce a public safety agency’s response mode or deployment of emergency response resources within the agency’s territorial jurisdiction. The bill would also clarify that a public safety agency does not transfer its authority to administer emergency medical services to a local EMS agency by voluntarily limiting or modifying consenting to conform its prehospital response pursuant to to comply with an EMS dispatch protocol approved adopted by a local EMS agency.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 53100.5 is added to the Government Code, to read:

53100.5.
 The Legislature finds and declares all of the following:
(a) The provision of fire protection services, rescue services, emergency medical services, hazardous material response services, ambulance services, and other services related to the protection of lives and property is a matter of public safety and critical to the public peace, health, and safety of the state.
(b) It is in the public interest that emergency services be deployed quickly and efficiently in the interest of saving lives and reducing the damage or destruction of property.
(c) The establishment of a uniform, statewide policy regarding a public agency’s ability to receive and process emergency calls is a matter of statewide concern and an interest to all inhabitants and citizens of this state.
(d) The purpose of the act that added this section is to affirm and clarify a public agency’s duty, responsibility, and jurisdiction to establish and improve emergency communication procedures and quickly respond to any person calling the telephone number “911” seeking fire, medical, rescue, or other emergency services.

SEC. 2.

 Section 53110 of the Government Code is amended to read:

53110.
 (a) Every system shall include police, firefighting, and emergency medical and ambulance services, and may include other emergency services, in the discretion of the affected local public agency, such as poison control services, suicide prevention services, and civil defense services. The system may incorporate private ambulance service. In areas in which a public safety agency of the state provides emergency services, the system shall include the public safety agency or agencies.
(b) Notwithstanding subdivision (a), a public agency shall not delegate, assign, or enter into a contract for “911” call processing or emergency notification duties regarding the dispatch of emergency response resources except under one of the following circumstances: as provided in subdivision (c) or if the delegation or assignment is to, or the contract or agreement is with, another public agency.

(1)The delegation or assignment is to, or the contract is with, another public agency.

(2)The delegation, assignment, or contract is made pursuant to a joint powers agreement adopted pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1.

(3)The delegation, assignment, or contract is made by cooperative agreement.

(c) Notwithstanding subdivision (b), a joint powers authority that contracted for dispatch of emergency response resources on or before January 1, 2019, may continue to contract for dispatch of those resources and may renegotiate or adopt new contracts, if the membership of the joint powers authority includes all public agencies that provide prehospital emergency medical services and the joint powers authority consents to the renegotiation or adoption of the contract.

SEC. 3.

 Section 1798.8 is added to the Health and Safety Code, to read:

1798.8.
 (a) Notwithstanding any provision of this division, medical control or medical direction and management of an emergency medical services system, as described in this chapter, shall not be construed to limit, supplant, prohibit, or otherwise alter a public safety agency’s authority to do either of the following:
(1) Directly Limit, supplant, prohibit, or otherwise alter a public safety agency’s authority to directly receive, process, and administer requests for assistance originating within the public safety agency’s territorial jurisdiction through the emergency “911” system established pursuant to Article 6 (commencing with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code.

(2)Determine the appropriate deployment of public safety emergency response resources within the public safety agency’s territorial jurisdiction.

(2) Authorize or permit a local EMS agency to delegate, assign, or enter into a contract in contravention of subdivision (b) of Section 53110 of the Government Code.
(b) Notwithstanding any provision of this division, medical control or medical direction and management of an emergency medical services system, as described in this chapter, shall not be construed to authorize or permit a local EMS agency to reduce a public safety agency’s response mode or deployment of public safety emergency response resources within the public safety agency’s territorial jurisdiction.

(b)Notwithstanding any other law, a

(c) A public safety agency’s voluntary consent to limit, modify, or alter the nature of conform its prehospital response or response mode pursuant to to comply with an emergency medical dispatch protocol approved adopted by a local EMS agency does not constitute a transfer of any of the public safety agency’s authorities regarding the administration of emergency medical services.