Bill Text: MI HB5209 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Health; local health departments; local medical control authorities requirements; prohibit from being more strict than state requirements regarding minimum staffing of all life support agencies. Amends sec. 20919 of 1978 PA 368 (MCL 333.20919).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-07-28 - Printed Bill Filed 07/17/2009 [HB5209 Detail]

Download: Michigan-2009-HB5209-Introduced.html

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HOUSE BILL No. 5209

 

July 16, 2009, Introduced by Rep. McMillin and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 20919 (MCL 333.20919), as amended by 2006 PA

 

582.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 20919. (1) A local medical control authority shall

 

establish written protocols for the practice of life support

 

agencies and licensed emergency medical services personnel within

 

its region. The protocols shall be developed and adopted in

 

accordance with procedures established by the department and shall

 

include all of the following:

 

     (a) The acts, tasks, or functions that may be performed by

 

each type of emergency medical services personnel licensed under

 

this part.

 

     (b) Medical protocols to ensure the appropriate dispatching of

 

a life support agency based upon medical need and the capability of

 

the emergency medical services system.

 

     (c) Protocols for complying with the Michigan do-not-

 

resuscitate procedure act, 1996 PA 193, MCL 333.1051 to 333.1067.

 

     (d) Protocols defining the process, actions, and sanctions a

 

medical control authority may use in holding a life support agency

 

or personnel accountable.

 

     (e) Protocols to ensure that if the medical control authority

 

determines that an immediate threat to the public health, safety,

 

or welfare exists, appropriate action to remove medical control can

 

immediately be taken until the medical control authority has had

 

the opportunity to review the matter at a medical control authority

 

hearing. The protocols shall require that the hearing is held

 

within 3 business days after the medical control authority's

 

determination.

 

     (f) Protocols to ensure that if medical control has been

 

removed from a participant in an emergency medical services system,

 

the participant does not provide prehospital care until medical

 

control is reinstated, and that the medical control authority that

 

removed the medical control notifies the department within 1

 

business day of the removal.

 

     (g) Protocols that ensure a quality improvement program is in

 

place within a medical control authority and provides data

 

protection as provided in 1967 PA 270, MCL 331.531 to 331.533

 

331.534.

 

     (h) Protocols to ensure that an appropriate appeals process is

 

in place.

 

     (i) Within 1 year after December 23, 2003, protocols Protocols

 

to ensure that each life support agency that provides basic life

 

support, limited advanced life support, or advanced life support is

 

equipped with epinephrine or epinephrine auto-injectors and that

 

each emergency services personnel authorized to provide those

 

services is properly trained to recognize an anaphylactic reaction,

 

to administer the epinephrine, and to dispose of the epinephrine

 

auto-injector or vial.

 

     (j) Within 6 months after the effective date of the amendatory

 

act that added this subdivision, protocols Protocols to ensure that

 

each life support vehicle that is dispatched and responding to

 

provide medical first response life support, basic life support, or

 

limited advanced life support is equipped with an automated

 

external defibrillator and that each emergency services personnel

 

is properly trained to utilize the automated external

 

defibrillator.

 

     (2) A protocol established under this section shall not

 

conflict with the Michigan do-not-resuscitate procedure act, 1996

 

PA 193, MCL 333.1051 to 333.1067.

 

     (3) The procedures established by the department for

 

development and adoption of written protocols under this section

 

shall comply with at least all of the following requirements:

 

     (a) At least 60 days before adoption of a protocol, the

 

medical control authority shall circulate a written draft of the

 

proposed protocol to all significantly affected persons within the

 

emergency medical services system served by the medical control

 

authority and submit the written draft to the department for

 

approval.

 

     (b) The department shall review a proposed protocol for

 

consistency with other protocols concerning similar subject matter

 

that have already been established in this state and shall consider

 

any written comments received from interested persons in its

 

review.

 

     (c) Within 60 days after receiving a written draft of a

 

proposed protocol from a medical control authority, the department

 

shall provide a written recommendation to the medical control

 

authority with any comments or suggested changes on the proposed

 

protocol. If the department does not respond within 60 days after

 

receiving the written draft, the proposed protocol shall be

 

considered to be approved by the department.

 

     (d) After department approval of a proposed protocol, the

 

medical control authority may formally adopt and implement the

 

protocol.

 

     (e) A medical control authority may establish an emergency

 

protocol necessary to preserve the health or safety of individuals

 

within its jurisdiction in response to a present medical emergency

 

or disaster without following the procedures established by the

 

department under this section for an ordinary protocol. An

 

emergency protocol established under this subdivision is effective

 

only for a limited time period and does not take permanent effect

 

unless it is approved according to this subsection.

 

     (4) A medical control authority shall provide an opportunity

 

for an affected participant in an emergency medical services system

 

to appeal a decision of the medical control authority. Following

 

appeal, the medical control authority may affirm, suspend, or

 

revoke its original decision. After appeals to the medical control

 

authority have been exhausted, the affected participant in an

 

emergency medical services system may appeal the medical control

 

authority's decision to the statewide emergency medical services

 

coordination committee. The statewide emergency medical services

 

coordination committee shall issue an opinion on whether the

 

actions or decisions of the medical control authority are in

 

accordance with the department-approved protocols of the medical

 

control authority and state law. If the statewide emergency medical

 

services coordination committee determines in its opinion that the

 

actions or decisions of the medical control authority are not in

 

accordance with the medical control authority's department-approved

 

protocols or with state law, the emergency medical services

 

coordination committee shall recommend that the department take any

 

enforcement action authorized under this code.

 

     (5) If adopted in protocols approved by the department, a

 

medical control authority may require life support agencies within

 

its region to meet reasonable additional standards for equipment

 

and personnel, other than medical first responders, that may be

 

more stringent than are otherwise required under this part unless

 

prohibited under subsection (8). If a medical control authority

 

establishes additional standards for equipment and personnel, the

 

medical control authority and the department shall consider the

 

medical and economic impact on the local community, the need for

 

communities to do long-term planning, and the availability of

 

personnel. If either the medical control authority or the

 

department determines that negative medical or economic impacts

 

outweigh the benefits of those additional standards as they affect

 

public health, safety, and welfare, protocols containing those

 

additional standards shall not be adopted.

 

     (6) If adopted in protocols approved by the department, a

 

local medical control authority may require medical first response

 

services and licensed medical first responders within its region to

 

meet additional standards for equipment and personnel to ensure

 

that each medical first response service is equipped with an

 

epinephrine auto-injector, and that each licensed medical first

 

responder is properly trained to recognize an anaphylactic reaction

 

and to administer and dispose of the epinephrine auto-injector, if

 

a life support agency that provides basic life support, limited

 

advanced life support, or advanced life support is not readily

 

available in that location.

 

     (7) If a decision of the medical control authority under

 

subsection (5) or (6) is appealed by an affected person, the

 

medical control authority shall make available, in writing, the

 

medical and economic information it considered in making its

 

decision. On appeal, the statewide emergency medical services

 

coordination committee shall review this information under

 

subsection (4) and shall issue its findings in writing.

 

     (8) A medical control authority shall not establish or

 

maintain a protocol that is more restrictive than any minimum

 

staffing requirements established under this part for a life

 

support agency.