Bill Text: MN SF1876 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Emergency medical personnel licensing; Cooper/Sams volunteer ambulance program requirements verification modifications
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-04-02 - HF substituted on General Orders HF2128 [SF1876 Detail]
Download: Minnesota-2011-SF1876-Engrossed.html
1.2relating to health; licensing emergency medical personnel;amending Minnesota
1.3Statutes 2010, sections 144E.001, subdivisions 1b, 3a, 4a, 4b, 5c, 5d, 5e, 6, 11,
1.414, by adding subdivisions; 144E.01, subdivision 1; 144E.101, subdivisions 2,
1.56, 7, 9, 10, 12; 144E.103; 144E.127, subdivision 2; 144E.265, subdivision 2;
1.6144E.27, subdivisions 1, 2, 3, 5, by adding a subdivision; 144E.275, subdivision
1.73; 144E.28, subdivisions 1, 5, 7; 144E.283; 144E.285; 144E.286, subdivision 3;
1.8144E.29; 144E.30, subdivision 3; 144E.305, subdivision 2; 144E.31; 144E.32,
1.9subdivision 2; 144E.35, subdivision 1; 144E.41; 144E.52; Minnesota Statutes
1.102011 Supplement, sections 144E.001, subdivision 5f; 144E.28, subdivision 9;
1.11repealing Minnesota Rules, parts 4690.0100, subparts 16, 17; 4690.1400.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.13 Section 1. Minnesota Statutes 2010, section 144E.001, subdivision 1b, is amended to
1.14read:
1.15 Subd. 1b. Advanced life support. "Advanced life support" means rendering basic
1.16life support and rendering intravenous therapy, drug therapy, intubation, and defibrillation
1.17as outlined in the United States Department of Transportationemergency medical
1.18technician-paramedic curriculum paramedic standards or its equivalent, as approved
1.19by the board.
1.20 Sec. 2. Minnesota Statutes 2010, section 144E.001, subdivision 3a, is amended to read:
1.21 Subd. 3a. Ambulance service personnel. "Ambulance service personnel" means
1.22individuals who are authorized by a licensed ambulance service to provide emergency
1.23care for the ambulance service and are:
1.24(1) EMT's,EMT-I's, or EMT-P's AEMT's, or paramedics;
1.25(2) Minnesota registered nurses who are: (i) EMT's, are currently practicing
1.26nursing, and have passed a paramedic practical skills test, as approved by the board and
2.1administered bya training an educational program approved by the board; (ii) on the roster
2.2of an ambulance service on or before January 1, 2000; or (iii) after petitioning the board,
2.3deemed by the board to have training and skills equivalent to an EMT, as determined on
2.4a case-by-case basis; or
2.5(3) Minnesota licensed physician assistants who are: (i) EMT's, are currently
2.6practicing as physician assistants, and have passed a paramedic practical skills test, as
2.7approved by the board and administered bya training an educational program approved by
2.8the board; (ii) on the roster of an ambulance service on or before January 1, 2000; or (iii)
2.9after petitioning the board, deemed by the board to have training and skills equivalent to
2.10an EMT, as determined on a case-by-case basis.
2.11 Sec. 3. Minnesota Statutes 2010, section 144E.001, subdivision 4a, is amended to read:
2.12 Subd. 4a. Basic airway management. "Basic airway management" means:
2.13(1) resuscitation by mouth-to-mouth, mouth-to-mask, bag valve mask, or oxygen
2.14powered ventilators; or
2.15(2) insertion of an oropharyngeal, nasal pharyngeal, esophageal obturator airway,
2.16or esophageal tracheal airway, or esophageal gastric tube airway.
2.17 Sec. 4. Minnesota Statutes 2010, section 144E.001, subdivision 4b, is amended to read:
2.18 Subd. 4b. Basic life support. "Basic life support" means rendering basic-level
2.19emergency care, including, but not limited to, basic airway management, cardiopulmonary
2.20resuscitation, controlling shock and bleeding, and splinting fractures, as outlined in
2.21the United States Department of Transportation emergency medicaltechnician-basic
2.22curriculum technician education standards or its equivalent, as approved by the board.
2.23 Sec. 5. Minnesota Statutes 2010, section 144E.001, subdivision 5c, is amended to read:
2.24 Subd. 5c. Emergency medical technician or EMT. "Emergency medical
2.25technician" or "EMT" means a person who has successfully completed the United States
2.26Department of Transportation emergency medicaltechnician-basic technician standards
2.27course or its equivalent, as approved by the board, and has been issued valid certification
2.28by the board.
2.29 Sec. 6. Minnesota Statutes 2010, section 144E.001, subdivision 5d, is amended to read:
2.30 Subd. 5d.Emergency medical technician-intermediate or EMT-I. Advanced
2.31emergency medical technician or AEMT."Emergency medical technician-intermediate"
2.32or "EMT-I" "Advanced emergency medical technician" or "AEMT" means a person who
3.1has successfully completed the United States Department of Transportationemergency
3.2medical technician-intermediate advanced emergency medical technician standards
3.3course or its equivalent, as approved by the board, and has been issued valid certification
3.4by the board.
3.5 Sec. 7. Minnesota Statutes 2010, section 144E.001, subdivision 5e, is amended to read:
3.6 Subd. 5e.Emergency medical technician-paramedic or EMT-P Paramedic.
3.7"Emergency medical technician-paramedic" or "EMT-P" "Paramedic" means a person who
3.8has successfully completed the United States Department of Transportationemergency
3.9medical technician course-paramedic paramedic course or its equivalent, as approved by
3.10the board, and has been issued valid certification by the board.
3.11 Sec. 8. Minnesota Statutes 2011 Supplement, section 144E.001, subdivision 5f,
3.12is amended to read:
3.13 Subd. 5f.Emergency medical technician-Community Paramedic or EMT-CP
3.14Community paramedic."Emergency medical technician-Community Paramedic,"
3.15"EMT-CP," or "Community paramedic" means a person who is certified as an EMT-P a
3.16paramedic and who meets the requirements for additional certification asan EMT-CP a
3.17community paramedic as specified in section144E.28, subdivision 9 .
3.18 Sec. 9. Minnesota Statutes 2010, section 144E.001, is amended by adding a subdivision
3.19to read:
3.20 Subd. 5g. Emergency medical responder group. "Emergency medical responder
3.21group" means a group of certified or registered personnel who respond to medical
3.22emergencies and have a medical director.
3.23 Sec. 10. Minnesota Statutes 2010, section 144E.001, subdivision 6, is amended to read:
3.24 Subd. 6.First responder Emergency medical responder or EMR. "First
3.25responder" "Emergency medical responder" or "EMR" means an individual who is
3.26registered by the board to perform, at a minimum, basic emergency skills before the arrival
3.27of a licensed ambulance service, and is a member of an organized service recognized
3.28by a local political subdivision whose primary responsibility is to respond to medical
3.29emergencies to provide initial medical care before the arrival of a licensed ambulance
3.30service or is on the roster of a Minnesota licensed ambulance service.
4.1 Sec. 11. Minnesota Statutes 2010, section 144E.001, is amended by adding a
4.2subdivision to read:
4.3 Subd. 6a. In-service ambulance. "In-service ambulance" means the ambulance
4.4is licensed by the Minnesota Emergency Medical Services Regulatory Board and is in
4.5compliance with ambulance service requirements in chapter 144E and Minnesota Rules,
4.6chapter 4690.
4.7 Sec. 12. Minnesota Statutes 2010, section 144E.001, is amended by adding a
4.8subdivision to read:
4.9 Subd. 6b. Intravenous infusion. "Intravenous infusion" means the establishment
4.10of an intravenous line or interosseous access and administration of an intravenous fluid,
4.11other than blood, or intravenous fluids that have additives not for specific therapeutic
4.12purposes into a vein.
4.13 Sec. 13. Minnesota Statutes 2010, section 144E.001, is amended by adding a
4.14subdivision to read:
4.15 Subd. 6c. Intravenous therapy. "Intravenous therapy" means the administration of
4.16intravenous fluids, medications, and other substances designed for specific therapeutic
4.17response.
4.18 Sec. 14. Minnesota Statutes 2010, section 144E.001, subdivision 11, is amended to
4.19read:
4.20 Subd. 11. Program medical director. "Program medical director" means a
4.21physician who is responsible for ensuring an accurate and thorough presentation of the
4.22medical content of an emergency caretraining education program; certifying that each
4.23student has successfully completed thetraining education course; and in conjunction with
4.24the program coordinator, planning the clinical training.
4.25 Sec. 15. Minnesota Statutes 2010, section 144E.001, subdivision 14, is amended to
4.26read:
4.27 Subd. 14.Training Education program coordinator. "Training "Education
4.28program coordinator" means an individual who serves as the administrator of an
4.29emergency caretraining education program and who is responsible for planning,
4.30conducting, and evaluating the program; selecting students and instructors; documenting
4.31and maintaining records; developing a curriculum according to the National EMS
4.32Education Standards by the National Highway Transportation Safety Administration
5.1(NHTSA), United States Department of Transportation; and assisting in the coordination
5.2of examination sessions and clinical training.
5.3 Sec. 16. Minnesota Statutes 2010, section 144E.01, subdivision 1, is amended to read:
5.4 Subdivision 1. Membership. (a) The Emergency Medical Services Regulatory
5.5Board consists of the following members, all of whom must work in Minnesota, except for
5.6the person listed in clause (14):
5.7(1) an emergency physician certified by the American Board of Emergency
5.8Physicians;
5.9(2) a representative of Minnesota hospitals;
5.10(3) a representative of fire chiefs;
5.11(4) a full-time firefighter who serves asa first responder an emergency medical
5.12responder on or within a nontransporting or nonregistered agency and who is a member of
5.13a professional firefighter's union;
5.14(5) a volunteer firefighter who serves asa first responder an emergency medical
5.15responder on or within a nontransporting or nonregistered agency;
5.16(6) an attendant currently practicing on a licensed ambulance service who is a
5.17paramedic or an emergency medical technician;
5.18(7) an ambulance director for a licensed ambulance service;
5.19(8) a representative of sheriffs;
5.20(9) a member of a local board of health to represent community health services;
5.21(10) two representatives of regional emergency medical services programs, one of
5.22whom must be from the metropolitan regional emergency medical services program;
5.23(11) a registered nurse currently practicing in a hospital emergency department;
5.24(12) a pediatrician, certified by the American Board of Pediatrics, with experience
5.25in emergency medical services;
5.26(13) a family practice physician who is currently involved in emergency medical
5.27services;
5.28(14) a public member who resides in Minnesota; and
5.29(15) the commissioners of health and public safety or their designees.
5.30(b) The governor shall appoint members under paragraph (a). Appointments
5.31under paragraph (a), clauses (1) to (9) and (11) to (13), are subject to the advice and
5.32consent of the senate. In making appointments under paragraph (a), clauses (1) to (9) and
5.33(11) to (13), the governor shall consider recommendations of the American College of
5.34Emergency Physicians, the Minnesota Hospital Association, the Minnesota and State Fire
5.35Chief's Association, the Minnesota Ambulance Association, the Minnesota Emergency
6.1Medical Services Association, the Minnesota State Sheriff's Association, the Association
6.2of Minnesota Counties, the Minnesota Nurses Association, and the Minnesota chapter of
6.3the Academy of Pediatrics.
6.4(c) At least seven members appointed under paragraph (a) must reside outside of the
6.5seven-county metropolitan area, as defined in section473.121 .
6.6 Sec. 17. Minnesota Statutes 2010, section 144E.101, subdivision 2, is amended to read:
6.7 Subd. 2. Patient care. When a patient is being transported, at least one of the
6.8ambulance service personnel must be in the patient compartment. If advanced life-support
6.9procedures are required,an EMT-P a paramedic, a registered nurse qualified under section
6.10144E.001, subdivision 3a
, clause (2), item (i), or a physician assistant qualified under
6.11section144E.001, subdivision 3a , clause (3), item (i), shall be in the patient compartment.
6.12 Sec. 18. Minnesota Statutes 2010, section 144E.101, subdivision 6, is amended to read:
6.13 Subd. 6. Basic life support. (a) Except as provided in paragraphs (e) and (f), a
6.14basic life-support ambulance shall be staffed by at least two EMTs, one of whom must
6.15accompany the patient and provide a level of care so as to ensure that:
6.16 (1) life-threatening situations and potentially serious injuries are recognized;
6.17 (2) patients are protected from additional hazards;
6.18 (3) basic treatment to reduce the seriousness of emergency situations is administered;
6.19and
6.20 (4) patients are transported to an appropriate medical facility for treatment.
6.21 (b) A basic life-support service shall provide basic airway management.
6.22 (c) A basic life-support service shall provide automatic defibrillation, as provided in
6.23section
144E.103, subdivision 1, paragraph (b).
6.24 (d) A basic life-support service licensee's medical director may authorizethe
6.25ambulance service personnelto carry and to use medical antishock trousers and to perform
6.26intravenous infusionif the ambulance service personnel have been properly trained and use
6.27equipment that is within the licensure level of the ambulance service. Ambulance service
6.28personnel must be properly trained. Documentation of authorization for use, guidelines for
6.29use, continuing education, and skill verification must be maintained in the licensee's files.
6.30 (e) Upon application from an ambulance service that includes evidence
6.31demonstrating hardship, the board may grant a variance from the staff requirements in
6.32paragraph (a) and may authorize a basic life-support ambulance to be staffed by one
6.33EMT and onefirst registered emergency medical responder driver for all emergency
6.34ambulance calls and interfacility transfers. The variance shall apply to basic life-support
7.1ambulances operated by the ambulance service until the ambulance service renews its
7.2license. When a variance expires, an ambulance service may apply for a new variance
7.3under this paragraph. For purposes of this paragraph, "ambulance service" means
7.4either an ambulance service whose primary service area is mainly located outside the
7.5metropolitan counties listed in section473.121, subdivision 4 , and outside the cities of
7.6Duluth, Mankato, Moorhead, Rochester, and St. Cloud; or an ambulance service based in
7.7a community with a population of less than 1,000.
7.8 (f) After an initial emergency ambulance call, each subsequent emergency ambulance
7.9response, until the initial ambulance is again available, and interfacility transfers, may
7.10be staffed by one registeredfirst emergency medical responder driver and an EMT. The
7.11EMT must accompany the patient and provide the level of care required in paragraph
7.12(a). This paragraph applies only to an ambulance service whose primary service area is
7.13mainly located outside the metropolitan counties listed in section473.121, subdivision
7.144 , and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St. Cloud, or an
7.15ambulance based in a community with a population of less than 1,000 persons.
7.16 Sec. 19. Minnesota Statutes 2010, section 144E.101, subdivision 7, is amended to read:
7.17 Subd. 7. Advanced life support. (a) Except as provided in paragraphs (f) and (g),
7.18an advanced life-support ambulance shall be staffed by at least:
7.19 (1) one EMT and oneEMT-P paramedic;
7.20 (2) one EMT and one registered nurse who is an EMT, is currently practicing
7.21nursing, and has passed a paramedic practical skills test approved by the board and
7.22administered bya training an education program; or
7.23 (3) one EMT and one physician assistant who is an EMT, is currently practicing as a
7.24physician assistant, and has passed a paramedic practical skills test approved by the board
7.25and administered bya training an education program.
7.26 (b) An advanced life-support service shall provide basic life support, as specified
7.27under subdivision 6, paragraph (a), advanced airway management, manual defibrillation,
7.28and administration of intravenous fluids and pharmaceuticals.
7.29 (c) In addition to providing advanced life support, an advanced life-support service
7.30may staff additional ambulances to provide basic life support according to subdivision 6
7.31and section144E.103, subdivision 1 .
7.32 (d) An ambulance service providing advanced life support shall have a written
7.33agreement with its medical director to ensure medical control for patient care 24 hours
7.34a day, seven days a week. The terms of the agreement shall include a written policy
8.1on the administration of medical control for the service. The policy shall address the
8.2following issues:
8.3 (1) two-way communication for physician direction of ambulance service personnel;
8.4 (2) patient triage, treatment, and transport;
8.5 (3) use of standing orders; and
8.6 (4) the means by which medical control will be provided 24 hours a day.
8.7 The agreement shall be signed by the licensee's medical director and the licensee or
8.8the licensee's designee and maintained in the files of the licensee.
8.9 (e) When an ambulance service provides advanced life support, the authority ofan
8.10EMT-P a paramedic, Minnesota registered nurse-EMT, or Minnesota registered physician
8.11assistant-EMT to determine the delivery of patient care prevails over the authority of
8.12an EMT.
8.13 (f) Upon application from an ambulance service that includes evidence
8.14demonstrating hardship, the board may grant a variance from the staff requirements in
8.15paragraph (a), clause (1), and may authorize an advanced life-support ambulance to
8.16be staffed by afirst responder registered emergency medical responder driver with a
8.17paramedic for all emergency calls and interfacility transfers. The variance shall apply to
8.18advanced life-support ambulance services until the ambulance service renews its license.
8.19When the variance expires, an ambulance service may apply for a new variance under
8.20this paragraph. This paragraph applies only to an ambulance service whose primary
8.21service area is mainly located outside the metropolitan counties listed in section473.121,
8.22subdivision 4 , and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St.
8.23Cloud, or an ambulance based in a community with a population of less than 1,000 persons.
8.24 (g) After an initial emergency ambulance call, each subsequent emergency
8.25ambulance response, until the initial ambulance is again available, and interfacility
8.26transfers, may be staffed by one registeredfirst emergency medical responder driver and an
8.27EMT or paramedic. This paragraph applies only to an ambulance service whose primary
8.28service area is mainly located outside the metropolitan counties listed in section473.121,
8.29subdivision 4 , and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St.
8.30Cloud, or an ambulance based in a community with a population of less than 1,000 persons.
8.31 Sec. 20. Minnesota Statutes 2010, section 144E.101, subdivision 9, is amended to read:
8.32 Subd. 9. Specialized life support. A specialized ground life-support service
8.33providing advanced life support shall be staffed by at least one EMT and oneEMT-P
8.34paramedic, registered nurse-EMT, or physician assistant-EMT. A specialized life-support
9.1service shall provide basic or advanced life support as designated by the board, and shall
9.2be restricted by the board to:
9.3(1) operation less than 24 hours of every day;
9.4(2) designated segments of the population;
9.5(3) certain types of medical conditions; or
9.6(4) air ambulance service that includes fixed-wing or rotor-wing.
9.7 Sec. 21. Minnesota Statutes 2010, section 144E.101, subdivision 10, is amended to
9.8read:
9.9 Subd. 10. Driver. A driver of an ambulance must possess acurrent valid driver's
9.10license issued by any state and must have attended an emergency vehicle driving course
9.11approved by the licensee. The emergency vehicle driving course must include actual
9.12driving experience.
9.13 Sec. 22. Minnesota Statutes 2010, section 144E.101, subdivision 12, is amended to
9.14read:
9.15 Subd. 12. Mutual aid agreement. A licensee shall have a written agreement
9.16with at least one neighboring licensed ambulance service forcoverage during times
9.17when the licensee's ambulances are not available for service in its primary service area.
9.18The agreement must specify the duties and responsibilities of the agreeing parties. the
9.19preplanned and organized response of emergency medical services, and other emergency
9.20personnel and equipment, to a request for assistance in an emergency when local
9.21ambulance transport resources have been expended. The response is predicated upon
9.22formal agreements among participating ambulance services. A copy of each mutual aid
9.23agreement shall be maintained in the files of the licensee.
9.24 Sec. 23. Minnesota Statutes 2010, section 144E.103, is amended to read:
9.25144E.103 EQUIPMENT.
9.26 Subdivision 1. General requirements.(a) Every ambulance in service for patient
9.27care shall carry, at a minimum:
9.28(1) oxygen;
9.29(2) airway maintenance equipment in various sizes to accommodate all age groups;
9.30(3) splinting equipment in various sizes to accommodate all age groups;
9.31(4) dressings, bandages, commercially manufactured tourniquets, and bandaging
9.32equipment;
9.33(5) an emergency obstetric kit;
10.1(6) equipment to determine vital signs in various sizes to accommodate all age
10.2groups;
10.3(7) a stretcher;
10.4(8) a defibrillator; and
10.5(9) a fire extinguisher.
10.6(b) A basic life-support service has until January 1, 2001, to equip each ambulance
10.7in service for patient care with a defibrillator.
10.8 Subd. 2. Advanced life-support requirements. In addition to the requirements in
10.9subdivision 1, an ambulance used in providing advanced life support must carry drugs and
10.10drug administration equipment and supplies as approved by the licensee's medical director.
10.11 Subd. 2a. Maintenance, sanitation, and testing of equipment, supplies, and
10.12drugs. Equipment carried on every ambulance in service for patient care must be
10.13maintained in full operating condition. Patient care equipment, supplies, and drugs must
10.14be stored and maintained within manufacturer's recommendations and:
10.15(1) all equipment and supplies must be maintained in full operating condition and
10.16in good repair;
10.17(2) all equipment, supplies, and containers used for storage of equipment or supplies
10.18must be kept clean so as to be free from dirt, grease, and other offensive matter;
10.19(3) sheets and pillowcases must be changed after each use;
10.20(4) single-service equipment and supplies must be wrapped, stored, and handled so
10.21as to prevent contamination and must be disposed of after use;
10.22(5) reusable equipment and supplies must be cleaned after each use so as to be free
10.23from dirt, grease, and other offensive matter;
10.24(6) equipment and supplies, soiled or otherwise not free from dirt, grease, and
10.25other offensive matter, must be kept in plastic bags or securely covered containers until
10.26disposed of or prepared for reuse; and
10.27(7) procedures for the periodic performance testing of mechanical equipment must
10.28be developed, maintained, and followed; and records of performance testing must be kept
10.29in the licensee's files. Testing must occur within the manufacturer's recommendations.
10.30 Subd. 3. Storage. All equipment carried in an ambulance must be securely stored.
10.31 Subd. 4. Safety restraints. An ambulance must be equipped with safety straps,
10.32including shoulder harnesses, for the stretcher and seat belts in the patient compartment
10.33for the patient and ambulance personnel.
10.34 Subd. 5. Communication equipment. An ambulance must be equipped with
10.35a two-way radio that is programmed and operating according to the most recent version
11.1of the statewide radio board shared radio and communication plan or its equivalent as
11.2determined by the Emergency Medical Services Regulatory Board.
11.3 Sec. 24. Minnesota Statutes 2010, section 144E.127, subdivision 2, is amended to read:
11.4 Subd. 2. Interfacility transfers. In an interfacility transport, a licensee whose
11.5primary service area is located outside the metropolitan counties listed in section473.121 ,
11.6subdivision 4, and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St.
11.7Cloud; or an ambulance service based in a community with a population of less than
11.81,000, may substitute one EMT with a registeredfirst emergency medical responder if an
11.9EMT orEMT- paramedic paramedic, physician, registered nurse, or physician's assistant is
11.10in the patient compartment. If using a physician, registered nurse, or physician's assistant
11.11as the sole provider in the patient compartment, the individual must be trained to use the
11.12equipment in the ambulance and be knowledgeable of the ambulance service protocols.
11.13 Sec. 25. Minnesota Statutes 2010, section 144E.265, subdivision 2, is amended to read:
11.14 Subd. 2. Responsibilities. Responsibilities of the medical director shall include, but
11.15are not limited to:
11.16(1) approving standards fortraining education and orientation of personnel that
11.17impact patient care;
11.18(2) approving standards for purchasing equipment and supplies that impact patient
11.19care;
11.20(3) establishing standing orders for prehospital care;
11.21(4) approving written triage, treatment, and transportation guidelines for adult and
11.22pediatric patients;
11.23(5) participating in the development and operation of continuous quality
11.24improvement programs including, but not limited to, case review and resolution of patient
11.25complaints;
11.26(6) establishing procedures for the administration of drugs; and
11.27(7) maintaining the quality of care according to the standards and procedures
11.28established under clauses (1) to (6).
11.29 Sec. 26. Minnesota Statutes 2010, section 144E.27, subdivision 1, is amended to read:
11.30 Subdivision 1.Training Education programs. (a) Curriculum for initial and
11.31refreshertraining education programs must meet the current standards of the United States
11.32Department of Transportationfirst responder curriculum emergency medical responder
11.33education standards or its equivalent as determined by the board.A training An education
12.1program instructor must bea first an emergency medical responder, EMT, EMT-I, EMT-P
12.2AEMT, paramedic, physician, physician assistant, or registered nurse.
12.3(b) The National EMS Education Standards by the NHTSA, United States
12.4Department of Transportation contains the minimal entry level of knowledge and skills
12.5for emergency medical responders. Medical directors of emergency medical responder
12.6groups may expand the knowledge and skill set.
12.7 Sec. 27. Minnesota Statutes 2010, section 144E.27, subdivision 2, is amended to read:
12.8 Subd. 2. Registration. To be eligible for registration with the board asa first an
12.9emergency medical responder, an individual shall complete a board-approved application
12.10form and:
12.11(1) successfully complete a board-approved initialfirst emergency medical
12.12respondertraining education program. Registration under this clause is valid for two years
12.13and expiresat the end of the month in which the registration was issued on October 31; or
12.14(2) be credentialed asa first an emergency medical responder by the National
12.15Registry of Emergency Medical Technicians. Registration under this clause expires the
12.16same day as the National Registry credential.
12.17 Sec. 28. Minnesota Statutes 2010, section 144E.27, is amended by adding a subdivision
12.18to read:
12.19 Subd. 2a. Registration dates. Registration expiration dates are as follows:
12.20(1) for initial registration granted between January 1 and June 30 of an
12.21even-numbered year, the expiration date is October 31 of the next even-numbered year;
12.22(2) for initial registration granted between July 1 and December 31 of an
12.23even-numbered year, the expiration date is October 31 of the second odd-numbered year;
12.24(3) for initial registration granted between January 1 and June 30 of an odd-numbered
12.25year, the expiration date is October 31 of the next odd-numbered year; and
12.26(4) for initial registration granted between July 1 and December 31 of an
12.27odd-numbered year, the expiration date is October 31 of the second even-numbered year.
12.28 Sec. 29. Minnesota Statutes 2010, section 144E.27, subdivision 3, is amended to read:
12.29 Subd. 3. Renewal. (a) The board may renew the registration ofa first an emergency
12.30medical responder who:
12.31(1) successfully completes a board-approved refresher course; and
12.32(2) submits a completed renewal application to the board before the registration
12.33expiration date.
13.1(b) The board may renew the lapsed registration ofa first an emergency medical
13.2responder who:
13.3(1) successfully completes a board-approved refresher course; and
13.4(2) submits a completed renewal application to the board within 12 months after
13.5the registration expiration date.
13.6 Sec. 30. Minnesota Statutes 2010, section 144E.27, subdivision 5, is amended to read:
13.7 Subd. 5. Denial, suspension, revocation. (a) The board may deny, suspend,
13.8revoke, place conditions on, or refuse to renew the registration of an individual who the
13.9board determines:
13.10(1) violates sections144E.001 to
144E.33 or the rules adopted under those sections,
13.11an agreement for corrective action, or an order that the board issued or is otherwise
13.12empowered to enforce;
13.13(2) misrepresents or falsifies information on an application form for registration;
13.14(3) is convicted or pleads guilty or nolo contendere to any felony; any gross
13.15misdemeanor relating to assault, sexual misconduct, theft, or the illegal use of drugs or
13.16alcohol; or any misdemeanor relating to assault, sexual misconduct, theft, or the illegal
13.17use of drugs or alcohol;
13.18(4) is actually or potentially unable to provide emergency medical services with
13.19reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, chemicals,
13.20or any other material, or as a result of any mental or physical condition;
13.21(5) engages in unethical conduct, including, but not limited to, conduct likely to
13.22deceive, defraud, or harm the public, or demonstrating a willful or careless disregard for
13.23the health, welfare, or safety of the public;or
13.24(6) maltreats or abandons a patient.;
13.25(7) violates any state or federal controlled substance law;
13.26(8) engages in unprofessional conduct or any other conduct which has the potential
13.27for causing harm to the public, including any departure from or failure to conform to the
13.28minimum standards of acceptable and prevailing practice without actual injury having to
13.29be established;
13.30(9) provides emergency medical services under lapsed or nonrenewed credentials;
13.31(10) is subject to a denial, corrective, disciplinary, or other similar action in another
13.32jurisdiction or by another regulatory authority;
13.33(11) engages in conduct with a patient that is sexual or may reasonably be interpreted
13.34by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning
13.35to a patient; or
14.1(12) makes a false statement or knowingly provides false information to the board,
14.2or fails to cooperate with an investigation of the board as required by section 144E.30.
14.3(b) Before taking action under paragraph (a), the board shall give notice to an
14.4individual of the right to a contested case hearing under chapter 14. If an individual
14.5requests a contested case hearing within 30 days after receiving notice, the board shall
14.6initiate a contested case hearing according to chapter 14.
14.7(c) The administrative law judge shall issue a report and recommendation within 30
14.8days after closing the contested case hearing record. The board shall issue a final order
14.9within 30 days after receipt of the administrative law judge's report.
14.10(d) After six months from the board's decision to deny, revoke, place conditions on,
14.11or refuse renewal of an individual's registration for disciplinary action, the individual shall
14.12have the opportunity to apply to the board for reinstatement.
14.13 Sec. 31. Minnesota Statutes 2010, section 144E.275, subdivision 3, is amended to read:
14.14 Subd. 3. Medical response unit qualifications. To be registered with the board, a
14.15medical response unit must:
14.16(1) submit an application form prescribed by the board;
14.17(2) have a medical director according to section144E.265 ;
14.18(3) be staffed by at least onefirst emergency medical responder or one emergency
14.19medical technician, as appropriate to the level of care given;
14.20(4) submit a letter from the appropriate municipality, township, or county governing
14.21body recognizing the medical response unit as the unit in its geographical area designated
14.22to respond to a medical emergency; and
14.23(5) be dispatched to the scene of a medical emergency on a routine basis by a
14.24public safety answering point, as defined under section403.02, subdivision 19 , or an
14.25ambulance service.
14.26 Sec. 32. Minnesota Statutes 2010, section 144E.28, subdivision 1, is amended to read:
14.27 Subdivision 1. Requirements. To be eligible for certification by the board as an
14.28EMT,EMT-I, or EMT-P AEMT, or paramedic, an individual shall:
14.29(1) successfully complete the United States Department of Transportation course, or
14.30its equivalent as approved by the board, specific to the EMT,EMT-I, or EMT-P AEMT, or
14.31paramedic classification;
14.32(2) pass the written and practical examinations approved by the board and
14.33administered by the board or its designee, specific to the EMT,EMT-I, or EMT-P AEMT,
14.34or paramedic classification; and
15.1(3) complete a board-approved application form.
15.2 Sec. 33. Minnesota Statutes 2010, section 144E.28, subdivision 5, is amended to read:
15.3 Subd. 5. Denial, suspension, revocation. (a) The board may deny certification or
15.4take any action authorized in subdivision 4 against an individual who the board determines:
15.5(1) violates sections144E.001 to
144E.33 or the rules adopted under those sections,
15.6or an order that the board issued or is otherwise authorized or empowered to enforce, or
15.7agreement for corrective action;
15.8(2) misrepresents or falsifies information on an application form for certification;
15.9(3) is convicted or pleads guilty or nolo contendere to any felony; any gross
15.10misdemeanor relating to assault, sexual misconduct, theft, or the illegal use of drugs or
15.11alcohol; or any misdemeanor relating to assault, sexual misconduct, theft, or the illegal
15.12use of drugs or alcohol;
15.13(4) is actually or potentially unable to provide emergency medical services with
15.14reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, chemicals,
15.15or any other material, or as a result of any mental or physical condition;
15.16(5) engages in unethical conduct, including, but not limited to, conduct likely to
15.17deceive, defraud, or harm the public or demonstrating a willful or careless disregard for
15.18the health, welfare, or safety of the public;or
15.19(6) maltreats or abandons a patient.;
15.20(7) violates any state or federal controlled substance law;
15.21(8) engages in unprofessional conduct or any other conduct which has the potential
15.22for causing harm to the public, including any departure from or failure to conform to the
15.23minimum standards of acceptable and prevailing practice without actual injury having to
15.24be established;
15.25(9) provides emergency medical services under lapsed or nonrenewed credentials;
15.26(10) is subject to a denial, corrective, disciplinary, or other similar action in another
15.27jurisdiction or by another regulatory authority;
15.28(11) engages in conduct with a patient that is sexual or may reasonably be interpreted
15.29by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning
15.30to a patient; or
15.31(12) makes a false statement or knowingly provides false information to the board or
15.32fails to cooperate with an investigation of the board as required by section 144E.30.
15.33(b) Before taking action under paragraph (a), the board shall give notice to an
15.34individual of the right to a contested case hearing under chapter 14. If an individual
15.35requests a contested case hearing within 30 days after receiving notice, the board shall
16.1initiate a contested case hearing according to chapter 14 and no disciplinary action shall be
16.2taken at that time.
16.3(c) The administrative law judge shall issue a report and recommendation within 30
16.4days after closing the contested case hearing record. The board shall issue a final order
16.5within 30 days after receipt of the administrative law judge's report.
16.6(d) After six months from the board's decision to deny, revoke, place conditions on,
16.7or refuse renewal of an individual's certification for disciplinary action, the individual shall
16.8have the opportunity to apply to the board for reinstatement.
16.9 Sec. 34. Minnesota Statutes 2010, section 144E.28, subdivision 7, is amended to read:
16.10 Subd. 7. Renewal. (a) Before the expiration date of certification, an applicant for
16.11renewal of certification as an EMT shall:
16.12(1) successfully complete a course in cardiopulmonary resuscitation that is approved
16.13by the board or the licensee's medical director;
16.14(2) take the United States Department of Transportation EMT refresher course and
16.15successfully pass the practical skills test portion of the course, or successfully complete 48
16.16hours of continuing education in EMT programs that are consistent with the United States
16.17Department of Transportation NationalStandard Curriculum EMS Education Standards or
16.18its equivalent as approved by the board or as approved by the licensee's medical director
16.19and pass a practical skills test approved by the board and administered bya training an
16.20education program approved by the board. The cardiopulmonary resuscitation course and
16.21practical skills test may be included as part of the refresher course or continuing education
16.22renewal requirements. Twenty-four of the 48 hours must include at least four hours of
16.23instruction in each of the following six categories:; and
16.24(i) airway management and resuscitation procedures;
16.25(ii) circulation, bleeding control, and shock;
16.26(iii) human anatomy and physiology, patient assessment, and medical emergencies;
16.27(iv) injuries involving musculoskeletal, nervous, digestive, and genito-urinary
16.28systems;
16.29(v) environmental emergencies and rescue techniques; and
16.30(vi) emergency childbirth and other special situations; and
16.31(3) complete a board-approved application form.
16.32(b) Before the expiration date of certification, an applicant for renewal of certification
16.33as anEMT-I or EMT-P AEMT or paramedic shall:
16.34(1) for anEMT-I AEMT, successfully complete a course in cardiopulmonary
16.35resuscitation that is approved by the board or the licensee's medical director and foran
17.1EMT-P a paramedic, successfully complete a course in advanced cardiac life support that
17.2is approved by the board or the licensee's medical director;
17.3(2) successfully complete 48 hours of continuing education in emergency medical
17.4training programs, appropriate to the level of the applicant'sEMT-I or EMT-P AEMT
17.5or paramedic certification, that are consistent with the United States Department of
17.6Transportation NationalStandard Curriculum EMS Education Standards or its equivalent
17.7as approved by the board or as approved by the licensee's medical director. An applicant
17.8may take the United States Department of Transportation Emergency Medical Technician
17.9refresher course or its equivalent without the written or practical test as approved by
17.10the board, and as appropriate to the applicant's level of certification, as part of the 48
17.11hours of continuing education. Each hour of the refresher course, the cardiopulmonary
17.12resuscitation course, and the advanced cardiac life-support course counts toward the
17.1348-hour continuing education requirement; and
17.14(3) complete a board-approved application form.
17.15(c) Certification shall be renewed every two years.
17.16(d) If the applicant does not meet the renewal requirements under this subdivision,
17.17the applicant's certification expires.
17.18 Sec. 35. Minnesota Statutes 2011 Supplement, section 144E.28, subdivision 9, is
17.19amended to read:
17.20 Subd. 9. Community paramedics. (a) To be eligible for certification by the board
17.21asan EMT-CP a community paramedic, an individual shall:
17.22(1) be currently certified asan EMT-P a paramedic and have two years of full-time
17.23service asan EMT-P a paramedic or its part-time equivalent;
17.24(2) successfully complete a community paramedictraining education program
17.25from a college or university that has been approved by the board or accredited by a
17.26board-approved national accreditation organization. Thetraining education program must
17.27include clinical experience that is provided under the supervision of an ambulance medical
17.28director, advanced practice registered nurse, physician assistant, or public health nurse
17.29operating under the direct authority of a local unit of government; and
17.30(3) complete a board-approved application form.
17.31(b) A community paramedic must practice in accordance with protocols and
17.32supervisory standards established by an ambulance service medical director in accordance
17.33with section144E.265 . A community paramedic may provide services as directed by a
17.34patient care plan if the plan has been developed by the patient's primary physician or by
17.35an advanced practice registered nurse or a physician assistant, in conjunction with the
18.1ambulance service medical director and relevant local health care providers. The care
18.2plan must ensure that the services provided by the community paramedic are consistent
18.3with the services offered by the patient's health care home, if one exists, that the patient
18.4receives the necessary services, and that there is no duplication of services to the patient.
18.5(c) A community paramedic is subject to all certification, disciplinary, complaint,
18.6and other regulatory requirements that apply toEMT-Ps paramedics under this chapter.
18.7 Sec. 36. Minnesota Statutes 2010, section 144E.283, is amended to read:
18.8144E.283EMT INSTRUCTOR QUALIFICATIONS.
18.9(a) An emergency medical technician instructor must:
18.10(1) possess valid certification, registration, or licensure as an EMT,EMT-1, EMT-P
18.11AEMT, paramedic, physician, physician's assistant, or registered nurse;
18.12(2) have two years of active emergency medical practical experience;
18.13(3) be recommended by a medical director of a licensed hospital, ambulance service,
18.14ortraining education program approved by the board; and
18.15(4) successfully complete the United States Department of Transportation
18.16Emergency Medical Services InstructorTraining Education Program or its equivalent
18.17as approved by the board.; and
18.18(5) complete eight hours of continuing education in educational topics every two
18.19years, with documentation filed with the education program coordinator.
18.20(b) An emergency medical responder instructor must possess valid registration,
18.21certification, or licensure as an EMR, EMT, AEMT, paramedic, physician, physician
18.22assistant, or registered nurse.
18.23 Sec. 37. Minnesota Statutes 2010, section 144E.285, is amended to read:
18.24144E.285TRAINING EDUCATION PROGRAMS.
18.25 Subdivision 1. Approval required. (a) Alltraining education programs for an EMT,
18.26EMT-I, or EMT-P AEMT, or paramedic must be approved by the board.
18.27(b) To be approved by the board,a training an education program must:
18.28(1) submit an application prescribed by the board that includes:
18.29(i) type and length of course to be offered;
18.30(ii) names, addresses, and qualifications of the program medical director, program
18.31training education coordinator, and instructors;
18.32(iii) names and addresses of clinical sites, including a contact person and telephone
18.33number;
18.34(iv) admission criteria for students; and
19.1(v) materials and equipment to be used;
19.2(2) for each course, implement the most current version of the United States
19.3Department of Transportationcurriculum EMS Education Standards, or its equivalent
19.4as determined by the board applicable to EMT,EMT-I, or EMT-P training AEMT, or
19.5paramedic education;
19.6(3) have a program medical director and a program coordinator;
19.7(4) utilize instructors who meet the requirements of section144E.283 for teaching
19.8at least 50 percent of the course content. The remaining 50 percent of the course may
19.9be taught by guest lecturers approved by thetraining education program coordinator
19.10or medical director;
19.11(5) have at least one instructor for every ten students at the practical skill stations;
19.12(6) maintain a written agreement with a licensed hospital or licensed ambulance
19.13service designating a clinical training site;
19.14(7) retain documentation of program approval by the board, course outline, and
19.15student information;
19.16(8) notify the board of the starting date of a course prior to the beginning of a course;
19.17(9) submit the appropriate fee as required under section144E.29 ; and
19.18(10) maintain a minimum average yearly pass rateon the state EMT certification
19.19exam that is equal to the national average pass rate on the certification exam as set by the
19.20board on an annual basis. The pass rate will be determined by the percent of candidates
19.21who pass the exam on the first attempt.A training An education program not meeting this
19.22yearly standard shall be placed on probation and shall be on a performance improvement
19.23plan approved by the board until meeting the pass rate standard. While on probation, the
19.24training education program may continue providing classes if meeting the terms of the
19.25performance improvement plan as determined by the board. Ifa training an education
19.26program having probation status fails to meet the pass rate standard after two years in
19.27which an EMT initial course has been taught, the board may take disciplinary action
19.28under subdivision 5.
19.29 Subd. 2.EMT-P Paramedic requirements. (a) In addition to the requirements
19.30under subdivision 1, paragraph (b),a training an education program applying for approval
19.31to teachEMT-P curriculum paramedics must be administered by an educational institution
19.32accredited by the Commission of Accreditation of Allied Health Education Programs
19.33(CAAHEP).
19.34(b)An EMT-P training A paramedic education program that is administered by
19.35an educational institution not accredited by CAAHEP, but that is in the process of
19.36completing the accreditation process, may be granted provisional approval by the board
20.1upon verification of submission of its self-study report and the appropriate review fee
20.2to CAAHEP.
20.3(c) An educational institution that discontinues its participation in the accreditation
20.4process must notify the board immediately and provisional approval shall be withdrawn.
20.5(d) This subdivision does not apply toan EMT-P training a paramedic education
20.6program when the program is operated by an advanced life-support ambulance service
20.7licensed by the Emergency Medical Services Regulatory Board under this chapter, and the
20.8ambulance service meets the following criteria:
20.9(1) covers a rural primary service area that does not contain a hospital within the
20.10primary service area or contains a hospital within the primary service area that has been
20.11designated as a critical access hospital under section144.1483 , clause (11);
20.12(2) has tax-exempt status in accordance with the Internal Revenue Code, section
20.13501(c)(3);
20.14(3) received approval before 1991 from the commissioner of health to operatean
20.15EMT-P training a paramedic education program;
20.16(4) operates theEMT-P training paramedic education program exclusively to train
20.17paramedics for the local ambulance service; and
20.18(5) limits enrollment in theEMT-P training paramedic program to five candidates
20.19per biennium.
20.20 Subd. 3. Expiration.Training Education program approval shall expire two years
20.21from the date of approval.
20.22 Subd. 4. Reapproval.A training An education program shall apply to the board for
20.23reapproval at least three months prior to the expiration date of its approval and must:
20.24(1) submit an application prescribed by the board specifying any changes from the
20.25information provided for prior approval and any other information requested by the board
20.26to clarify incomplete or ambiguous information presented in the application; and
20.27(2) comply with the requirements under subdivision 1, paragraph (b), clauses (2)
20.28to (9).
20.29 Subd. 5. Disciplinary action. (a) The board may deny, suspend, revoke, place
20.30conditions on, or refuse to renew approval ofa training an education program that the
20.31board determines:
20.32(1) violated subdivisions 1 to 4 or rules adopted under sections144E.001 to
20.33144E.33
; or
20.34(2) misrepresented or falsified information on an application form provided by
20.35the board.
21.1(b) Before taking action under paragraph (a), the board shall give notice toa training
21.2an education program of the right to a contested case hearing under chapter 14. If
21.3a training an education program requests a contested case hearing within 30 days after
21.4receiving notice, the board shall initiate a contested case hearing according to chapter 14.
21.5(c) The administrative law judge shall issue a report and recommendation within 30
21.6days after closing the contested case hearing record. The board shall issue a final order
21.7within 30 days after receipt of the administrative law judge's report.
21.8(d) After six months from the board's decision to deny, revoke, place conditions on,
21.9or refuse approval ofa training an education program for disciplinary action, the training
21.10education program shall have the opportunity to apply to the board for reapproval.
21.11 Subd. 6. Temporary suspension. (a) In addition to any other remedy provided by
21.12law, the board may temporarily suspend approval of thetraining education program after
21.13conducting a preliminary inquiry to determine whether the board believes that thetraining
21.14education program has violated a statute or rule that the board is empowered to enforce
21.15and determining that the continued provision of service by thetraining education program
21.16would create an imminent risk to public health or harm to others.
21.17(b) A temporary suspension order prohibiting thetraining education program from
21.18providing emergency medical care training shall give notice of the right to a preliminary
21.19hearing according to paragraph (d) and shall state the reasons for the entry of the
21.20temporary suspension order.
21.21(c) Service of a temporary suspension order is effective when the order is served
21.22on thetraining education program personally or by certified mail, which is complete
21.23upon receipt, refusal, or return for nondelivery to the most recent address provided to the
21.24board for thetraining education program.
21.25(d) At the time the board issues a temporary suspension order, the board shall
21.26schedule a hearing, to be held before a group of its members designated by the board, that
21.27shall begin within 60 days after issuance of the temporary suspension order or within 15
21.28working days of the date of the board's receipt of a request for a hearing from thetraining
21.29education program, whichever is sooner. The hearing shall be on the sole issue of whether
21.30there is a reasonable basis to continue, modify, or lift the temporary suspension. A hearing
21.31under this paragraph is not subject to chapter 14.
21.32(e) Evidence presented by the board or the individual may be in the form of an
21.33affidavit. Thetraining education program or counsel of record may appear for oral
21.34argument.
22.1(f) Within five working days of the hearing, the board shall issue its order and, if the
22.2suspension is continued, notify thetraining education program of the right to a contested
22.3case hearing under chapter 14.
22.4(g) Ifa training an education program requests a contested case hearing within 30
22.5days of receiving notice under paragraph (f), the board shall initiate a contested case
22.6hearing according to chapter 14. The administrative law judge shall issue a report and
22.7recommendation within 30 days after the closing of the contested case hearing record.
22.8The board shall issue a final order within 30 days after receipt of the administrative law
22.9judge's report.
22.10 Subd. 7. Audit. The board may audittraining education programs approved by
22.11the board. The audit may include, but is not limited to, investigation of complaints,
22.12course inspection, classroom observation, review of instructor qualifications, and student
22.13interviews.
22.14 Sec. 38. Minnesota Statutes 2010, section 144E.286, subdivision 3, is amended to read:
22.15 Subd. 3. Examiner qualifications. An examiner testing EMT,EMT-I, or EMT-P
22.16AEMT, or paramedic practical skills must be certified at or above the level the examiner
22.17is testing or must be a registered nurse, physician, or physician assistant familiar with
22.18current out-of-hospital care. A physician must be available to answer questions relating
22.19to the evaluation of skill performance at theEMT-I and EMT-P AEMT and paramedic
22.20practical examination.
22.21 Sec. 39. Minnesota Statutes 2010, section 144E.29, is amended to read:
22.22144E.29 FEES.
22.23(a) The board shall charge the following fees:
22.24(1) initial application for and renewal of an ambulance service license, $150;
22.25(2) each ambulance operated by a licensee, $96. The licensee shall pay an additional
22.26$96 fee for the full licensing period or $4 per month for any fraction of the period for each
22.27ambulance added to the ambulance service during the licensing period;
22.28(3) initial application for and renewal of approval fora training an education
22.29program, $100; and
22.30(4) duplicate of an original license, certification, or approval, $25.
22.31(b) With the exception of paragraph (a), clause (4), all fees are for a two-year period.
22.32All fees are nonrefundable.
22.33(c) Fees collected by the board shall be deposited as nondedicated receipts in the
22.34general fund.
23.1 Sec. 40. Minnesota Statutes 2010, section 144E.30, subdivision 3, is amended to read:
23.2 Subd. 3. Cooperation during investigation. A licensee, person credentialed by
23.3the board,training education program approved by the board, or agent of one who is the
23.4subject of an investigation or who is questioned in connection with an investigation by or
23.5on behalf of the board shall cooperate fully with the investigation. Cooperation includes
23.6responding fully and promptly to any question raised by or on behalf of the board relating
23.7to the subject of the investigation, executing all releases requested by the board, providing
23.8copies of ambulance service records, as reasonably requested by the board to assist it in its
23.9investigation, and appearing at conferences or hearings scheduled by the board. The board
23.10shall pay reasonable costs for copies requested.
23.11 Sec. 41. Minnesota Statutes 2010, section 144E.305, subdivision 2, is amended to read:
23.12 Subd. 2. Mandatory reporting. (a) A licensee shall report to the board conduct by
23.13a first an emergency medical responder, EMT, EMT-I, or EMT-P AEMT, or paramedic
23.14that they reasonably believe constitutes grounds for disciplinary action under section
23.15144E.27, subdivision 5
, or
144E.28, subdivision 5 . The licensee shall report to the board
23.16within 60 days of obtaining verifiable knowledge of the conduct constituting grounds for
23.17disciplinary action.
23.18(b) A licensee shall report to the board any dismissal from employment ofa first
23.19an emergency medical responder, EMT,EMT-I, or EMT-P AEMT, or paramedic. A
23.20licensee shall report the resignation ofa first responder an emergency medical responder,
23.21EMT,EMT-I, or EMT-P AEMT, or paramedic before the conclusion of any disciplinary
23.22proceeding or before commencement of formal charges but after thefirst emergency
23.23medical responder, EMT,EMT-I, or EMT-P AEMT, or paramedic has knowledge that
23.24formal charges are contemplated or in preparation. The licensee shall report to the board
23.25within 60 days of the resignation or initial determination to dismiss. An individual's
23.26exercise of rights under a collective bargaining agreement does not extend the licensee's
23.27time period for reporting under this subdivision.
23.28 Sec. 42. Minnesota Statutes 2010, section 144E.31, is amended to read:
23.29144E.31 CORRECTION ORDER AND FINES.
23.30 Subdivision 1. Correction order. (a) If the board finds that a licensee ortraining
23.31education program has failed to comply with an applicable law or rule and the violation
23.32does not imminently endanger the public's health or safety, the board may issue a
23.33correction order to the licensee ortraining education program.
23.34(b) The correction order shall state:
24.1(1) the conditions that constitute a violation of the law or rule;
24.2(2) the specific law or rule violated; and
24.3(3) the time allowed to correct the violation.
24.4 Subd. 2. Reconsideration. (a) If the licensee ortraining education program believes
24.5that the contents of the board's correction order are in error, the licensee ortraining
24.6education program may ask the board to reconsider the parts of the correction order that
24.7are alleged to be in error.
24.8(b) The request for reconsideration must:
24.9(1) be in writing;
24.10(2) be delivered by certified mail;
24.11(3) specify the parts of the correction order that are alleged to be in error;
24.12(4) explain why they are in error; and
24.13(5) include documentation to support the allegation of error.
24.14(c) A request for reconsideration does not stay any provision or requirement of the
24.15correction order. The board's disposition of a request for reconsideration is final and not
24.16subject to appeal under chapter 14.
24.17 Subd. 3. Fine. (a) The board may order a fine concurrently with the issuance of a
24.18correction order, or after the licensee ortraining education program has not corrected the
24.19violation within the time specified in the correction order.
24.20(b) A licensee ortraining education program that is ordered to pay a fine shall be
24.21notified of the order by certified mail. The notice shall be mailed to the address shown on
24.22the application or the last known address of the licensee ortraining education program.
24.23The notice shall state the reasons the fine was ordered and shall inform the licensee or
24.24training program of the right to a contested case hearing under chapter 14.
24.25(c) A licensee ortraining education program may appeal the order to pay a fine by
24.26notifying the board by certified mail within 15 calendar days after receiving the order. A
24.27timely appeal shall stay payment of the fine until the board issues a final order.
24.28(d) A licensee ortraining education program shall pay the fine assessed on or before
24.29the payment date specified in the board's order. If a licensee ortraining education program
24.30fails to fully comply with the order, the board shall suspend the license or cancel approval
24.31until there is full compliance with the order.
24.32(e) Fines shall be assessed as follows:
24.33(1) $150 for violation of section144E.123 ;
24.34(2) $400 for violation of sections144E.06 ,
144E.07 ,
144E.101 ,
144E.103 ,
144E.121 ,
24.35144E.125
,
144E.265 ,
144E.285 , and
144E.305 ;
25.1(3) $750 for violation of rules adopted under section144E.16, subdivision 4 , clause
25.2(8); and
25.3(4) $50 for violation of all other sections under this chapter or rules adopted under
25.4this chapter that are not specifically enumerated in clauses (1) to (3).
25.5(f) Fines collected by the board shall be deposited as nondedicated receipts in the
25.6general fund.
25.7 Subd. 4. Additional penalties. This section does not prohibit the board from
25.8suspending, revoking, placing conditions on, or refusing to renew a licensee's license or
25.9a training an education program's approval in addition to ordering a fine.
25.10 Sec. 43. Minnesota Statutes 2010, section 144E.32, subdivision 2, is amended to read:
25.11 Subd. 2. Review organization defined. A review organization, as defined under
25.12section145.61 , includes a committee of an ambulance service provider, a physician
25.13medical director, a medical advisor, or ambulance supervisory personnel who gather,
25.14create, and review information relating to the care and treatment of patients in providing
25.15emergency medical care, including employee performance reviews, quality assurance
25.16data, and other ambulance service orfirst emergency medical responder performance data
25.17for ambulance services licensed under section144E.10 or
144E.12 or first emergency
25.18medical responders registered under section144E.27 , for the purposes specified under
25.19section145.61, subdivision 5 .
25.20 Sec. 44. Minnesota Statutes 2010, section 144E.35, subdivision 1, is amended to read:
25.21 Subdivision 1. Repayment for volunteertraining education. A licensed
25.22ambulance service shall be reimbursed by the board for the necessary expense of the initial
25.23training education of a volunteer ambulance attendant upon successful completion by the
25.24attendant ofa basic emergency care an EMT education course, or a continuing education
25.25course forbasic emergency EMT care, or both, which has been approved by the board,
25.26pursuant to section144E.285 . Reimbursement may include tuition, transportation, food,
25.27lodging, hourly payment for the time spent in thetraining education course, and other
25.28necessary expenditures, except that in no instance shall a volunteer ambulance attendant
25.29be reimbursed more than $600 for successful completion ofa basic an initial education
25.30course, and $275 for successful completion of a continuing education course.
25.31 Sec. 45. Minnesota Statutes 2010, section 144E.41, is amended to read:
25.32144E.41 PROGRAM ELIGIBILITY; QUALIFIED AMBULANCE SERVICE
25.33PERSONNEL.
26.1(a) Persons eligible to participate in the Cooper/Sams volunteer ambulance program
26.2are qualified ambulance service personnel.
26.3(b) Qualified ambulance service personnel are ambulance attendants, ambulance
26.4drivers, and ambulance service medical directors or medical advisors who meet the
26.5following requirements:
26.6(1) employment of the person by or provision by the person of service to an
26.7ambulance service that is licensed as such by the state of Minnesota and that provides
26.8ambulance services that are generally available to the public and are free of unfair
26.9discriminatory practices under chapter 363A;
26.10(2) performance by the person during the 12 months ending as of the immediately
26.11previous June 30 of all or a predominant portion of the person's services in the state of
26.12Minnesota or on behalf of Minnesota residents, as verified by August 1 annually in an
26.13affidavit from the chief administrative officer of the ambulance service;
26.14(3) current certification of the person during the 12 months ending as of the
26.15immediately previous June 30 by the board as an ambulance attendant, ambulance driver,
26.16or ambulance service medical director or medical advisor under section144E.265 or
26.17144E.28
, and supporting rules, and current active ambulance service employment or
26.18service provision status of the person, as verified by August 1 annually in an affidavit from
26.19the chief administrative officer of the ambulance service; and
26.20(4) conformance by the person with the definition of the phrase "volunteer
26.21ambulance attendant" under section144E.001, subdivision 15 , except that for the salary
26.22limit specified in that provision there must be substituted, for purposes of this section
26.23only, a limit of $6,000 for calendar year 2004, and $6,000 multiplied by the cumulative
26.24percentage increase in the national Consumer Price Index, all items, for urban wage
26.25earners and clerical workers, as published by the federal Department of Labor, Bureau
26.26of Labor Statistics, since December 31, 2004, and for an ambulance service medical
26.27director, conformance based solely on the person's hourly stipends or salary for service as
26.28a medical director.
26.29(c) The term "active ambulance service employment or service provision status"
26.30means being in good standing with and on the active roster of the ambulance service
26.31making the certification.
26.32(d) For a person who is employed by or provides service to more than one ambulance
26.33service concurrently during any period during the 12-month period, credit towards an
26.34award under this chapter is limited to one ambulance service during any period. The
26.35creditable period is with the ambulance service for which the person undertakes the
26.36greatest portion of employment or service hours.
27.1(e) Verification of the person's performance and certification for the 12 months
27.2immediately preceding June 30 as required in paragraph (b), clauses (2) and (3), must
27.3be reported annually to the board by August 1 in a notarized affidavit from the chief
27.4administrative officer of the ambulance service. Affidavits verifying service submitted
27.5to the board after August 1 shall not be considered as credited ambulance service for
27.6purposes of section 144E.46, unless specifically authorized by law.
27.7EFFECTIVE DATE.This section is effective the day following final enactment.
27.8 Sec. 46. Minnesota Statutes 2010, section 144E.52, is amended to read:
27.9144E.52 FUNDING FOR EMERGENCY MEDICAL SERVICES REGIONS.
27.10The Emergency Medical Services Regulatory Board shall distribute funds
27.11appropriated from the general fund equally among the emergency medical service
27.12regions. Each regional board may use this money to reimburse eligible emergency
27.13medical services personnel for continuing education costs related to emergency care that
27.14are personally incurred and are not reimbursed from other sources. Eligible emergency
27.15medical services personnel include, but are not limited to, dispatchers, emergency room
27.16physicians, emergency room nurses,first emergency medical responders, emergency
27.17medical technicians, and paramedics.
27.18 Sec. 47. COOPER/SAMS VOLUNTEER AMBULANCE PROGRAM SERVICE
27.19CREDIT REPORTING.
27.20(a) The Emergency Medical Services Regulatory Board shall accept verification of
27.21service that was performed by qualified ambulance service personnel as described in
27.22Minnesota Statutes, section 144E.41, during the 12 months immediately preceding June
27.2330, 2010, in the form of a notarized affidavit from the chief administrative officer of the
27.24ambulance service. If a notarized affidavit is submitted to the board by August 1, 2012,
27.25verifying service performed during this time period, the board shall add the applicable
27.26service credits to the record of potential award accumulations for each qualified ambulance
27.27service person according to Minnesota Statutes, section 144E.45.
27.28(b) Notwithstanding Minnesota Statutes, section 144E.46, if a qualified ambulance
27.29service person affected by paragraph (a) applied for and received a Cooper/Sams volunteer
27.30ambulance award in fiscal year 2011, the board shall pay the person for the added service
27.31credits verified according to paragraph (a) as part of the awards paid out in fiscal year
27.322012. This payment shall be made before any other award amount.
27.33EFFECTIVE DATE.This section is effective the day following final enactment.
28.1 Sec. 48. REPEALER.
28.2Minnesota Rules, parts 4690.0100, subparts 16 and 17; and 4690.1400, are repealed.
1.3Statutes 2010, sections 144E.001, subdivisions 1b, 3a, 4a, 4b, 5c, 5d, 5e, 6, 11,
1.414, by adding subdivisions; 144E.01, subdivision 1; 144E.101, subdivisions 2,
1.56, 7, 9, 10, 12; 144E.103; 144E.127, subdivision 2; 144E.265, subdivision 2;
1.6144E.27, subdivisions 1, 2, 3, 5, by adding a subdivision; 144E.275, subdivision
1.73; 144E.28, subdivisions 1, 5, 7; 144E.283; 144E.285; 144E.286, subdivision 3;
1.8144E.29; 144E.30, subdivision 3; 144E.305, subdivision 2; 144E.31; 144E.32,
1.9subdivision 2; 144E.35, subdivision 1; 144E.41; 144E.52; Minnesota Statutes
1.102011 Supplement, sections 144E.001, subdivision 5f; 144E.28, subdivision 9;
1.11repealing Minnesota Rules, parts 4690.0100, subparts 16, 17; 4690.1400.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.13 Section 1. Minnesota Statutes 2010, section 144E.001, subdivision 1b, is amended to
1.14read:
1.15 Subd. 1b. Advanced life support. "Advanced life support" means rendering basic
1.16life support and rendering intravenous therapy, drug therapy, intubation, and defibrillation
1.17as outlined in the United States Department of Transportation
1.18
1.19by the board.
1.20 Sec. 2. Minnesota Statutes 2010, section 144E.001, subdivision 3a, is amended to read:
1.21 Subd. 3a. Ambulance service personnel. "Ambulance service personnel" means
1.22individuals who are authorized by a licensed ambulance service to provide emergency
1.23care for the ambulance service and are:
1.24(1) EMT's,
1.25(2) Minnesota registered nurses who are: (i) EMT's, are currently practicing
1.26nursing, and have passed a paramedic practical skills test, as approved by the board and
2.1administered by
2.2of an ambulance service on or before January 1, 2000; or (iii) after petitioning the board,
2.3deemed by the board to have training and skills equivalent to an EMT, as determined on
2.4a case-by-case basis; or
2.5(3) Minnesota licensed physician assistants who are: (i) EMT's, are currently
2.6practicing as physician assistants, and have passed a paramedic practical skills test, as
2.7approved by the board and administered by
2.8the board; (ii) on the roster of an ambulance service on or before January 1, 2000; or (iii)
2.9after petitioning the board, deemed by the board to have training and skills equivalent to
2.10an EMT, as determined on a case-by-case basis.
2.11 Sec. 3. Minnesota Statutes 2010, section 144E.001, subdivision 4a, is amended to read:
2.12 Subd. 4a. Basic airway management. "Basic airway management" means:
2.13(1) resuscitation by mouth-to-mouth, mouth-to-mask, bag valve mask, or oxygen
2.14powered ventilators; or
2.15(2) insertion of an oropharyngeal, nasal pharyngeal
2.16or esophageal tracheal airway
2.17 Sec. 4. Minnesota Statutes 2010, section 144E.001, subdivision 4b, is amended to read:
2.18 Subd. 4b. Basic life support. "Basic life support" means rendering basic-level
2.19emergency care, including, but not limited to, basic airway management, cardiopulmonary
2.20resuscitation, controlling shock and bleeding, and splinting fractures, as outlined in
2.21the United States Department of Transportation emergency medical
2.22
2.23 Sec. 5. Minnesota Statutes 2010, section 144E.001, subdivision 5c, is amended to read:
2.24 Subd. 5c. Emergency medical technician or EMT. "Emergency medical
2.25technician" or "EMT" means a person who has successfully completed the United States
2.26Department of Transportation emergency medical
2.27course or its equivalent, as approved by the board, and has been issued valid certification
2.28by the board.
2.29 Sec. 6. Minnesota Statutes 2010, section 144E.001, subdivision 5d, is amended to read:
2.30 Subd. 5d.
2.31emergency medical technician or AEMT.
2.32
3.1has successfully completed the United States Department of Transportation
3.2
3.3course or its equivalent, as approved by the board, and has been issued valid certification
3.4by the board.
3.5 Sec. 7. Minnesota Statutes 2010, section 144E.001, subdivision 5e, is amended to read:
3.6 Subd. 5e.
3.7
3.8has successfully completed the United States Department of Transportation
3.9
3.10the board, and has been issued valid certification by the board.
3.11 Sec. 8. Minnesota Statutes 2011 Supplement, section 144E.001, subdivision 5f,
3.12is amended to read:
3.13 Subd. 5f.
3.14Community paramedic.
3.15
3.16paramedic and who meets the requirements for additional certification as
3.17community paramedic as specified in section
3.18 Sec. 9. Minnesota Statutes 2010, section 144E.001, is amended by adding a subdivision
3.19to read:
3.20 Subd. 5g. Emergency medical responder group. "Emergency medical responder
3.21group" means a group of certified or registered personnel who respond to medical
3.22emergencies and have a medical director.
3.23 Sec. 10. Minnesota Statutes 2010, section 144E.001, subdivision 6, is amended to read:
3.24 Subd. 6.
3.25
3.26registered by the board to perform, at a minimum, basic emergency skills before the arrival
3.27of a licensed ambulance service, and is a member of an organized service recognized
3.28by a local political subdivision whose primary responsibility is to respond to medical
3.29emergencies to provide initial medical care before the arrival of a licensed ambulance
3.30service or is on the roster of a Minnesota licensed ambulance service.
4.1 Sec. 11. Minnesota Statutes 2010, section 144E.001, is amended by adding a
4.2subdivision to read:
4.3 Subd. 6a. In-service ambulance. "In-service ambulance" means the ambulance
4.4is licensed by the Minnesota Emergency Medical Services Regulatory Board and is in
4.5compliance with ambulance service requirements in chapter 144E and Minnesota Rules,
4.6chapter 4690.
4.7 Sec. 12. Minnesota Statutes 2010, section 144E.001, is amended by adding a
4.8subdivision to read:
4.9 Subd. 6b. Intravenous infusion. "Intravenous infusion" means the establishment
4.10of an intravenous line or interosseous access and administration of an intravenous fluid,
4.11other than blood, or intravenous fluids that have additives not for specific therapeutic
4.12purposes into a vein.
4.13 Sec. 13. Minnesota Statutes 2010, section 144E.001, is amended by adding a
4.14subdivision to read:
4.15 Subd. 6c. Intravenous therapy. "Intravenous therapy" means the administration of
4.16intravenous fluids, medications, and other substances designed for specific therapeutic
4.17response.
4.18 Sec. 14. Minnesota Statutes 2010, section 144E.001, subdivision 11, is amended to
4.19read:
4.20 Subd. 11. Program medical director. "Program medical director" means a
4.21physician who is responsible for ensuring an accurate and thorough presentation of the
4.22medical content of an emergency care
4.23student has successfully completed the
4.24the program coordinator, planning the clinical training.
4.25 Sec. 15. Minnesota Statutes 2010, section 144E.001, subdivision 14, is amended to
4.26read:
4.27 Subd. 14.
4.28program coordinator" means an individual who serves as the administrator of an
4.29emergency care
4.30conducting, and evaluating the program; selecting students and instructors; documenting
4.31and maintaining records; developing a curriculum according to the National EMS
4.32Education Standards by the National Highway Transportation Safety Administration
5.1(NHTSA), United States Department of Transportation; and assisting in the coordination
5.2of examination sessions and clinical training.
5.3 Sec. 16. Minnesota Statutes 2010, section 144E.01, subdivision 1, is amended to read:
5.4 Subdivision 1. Membership. (a) The Emergency Medical Services Regulatory
5.5Board consists of the following members, all of whom must work in Minnesota, except for
5.6the person listed in clause (14):
5.7(1) an emergency physician certified by the American Board of Emergency
5.8Physicians;
5.9(2) a representative of Minnesota hospitals;
5.10(3) a representative of fire chiefs;
5.11(4) a full-time firefighter who serves as
5.12responder on or within a nontransporting or nonregistered agency and who is a member of
5.13a professional firefighter's union;
5.14(5) a volunteer firefighter who serves as
5.15responder on or within a nontransporting or nonregistered agency;
5.16(6) an attendant currently practicing on a licensed ambulance service who is a
5.17paramedic or an emergency medical technician;
5.18(7) an ambulance director for a licensed ambulance service;
5.19(8) a representative of sheriffs;
5.20(9) a member of a local board of health to represent community health services;
5.21(10) two representatives of regional emergency medical services programs, one of
5.22whom must be from the metropolitan regional emergency medical services program;
5.23(11) a registered nurse currently practicing in a hospital emergency department;
5.24(12) a pediatrician, certified by the American Board of Pediatrics, with experience
5.25in emergency medical services;
5.26(13) a family practice physician who is currently involved in emergency medical
5.27services;
5.28(14) a public member who resides in Minnesota; and
5.29(15) the commissioners of health and public safety or their designees.
5.30(b) The governor shall appoint members under paragraph (a). Appointments
5.31under paragraph (a), clauses (1) to (9) and (11) to (13), are subject to the advice and
5.32consent of the senate. In making appointments under paragraph (a), clauses (1) to (9) and
5.33(11) to (13), the governor shall consider recommendations of the American College of
5.34Emergency Physicians, the Minnesota Hospital Association, the Minnesota and State Fire
5.35Chief's Association, the Minnesota Ambulance Association, the Minnesota Emergency
6.1Medical Services Association, the Minnesota State Sheriff's Association, the Association
6.2of Minnesota Counties, the Minnesota Nurses Association, and the Minnesota chapter of
6.3the Academy of Pediatrics.
6.4(c) At least seven members appointed under paragraph (a) must reside outside of the
6.5seven-county metropolitan area, as defined in section
6.6 Sec. 17. Minnesota Statutes 2010, section 144E.101, subdivision 2, is amended to read:
6.7 Subd. 2. Patient care. When a patient is being transported, at least one of the
6.8ambulance service personnel must be in the patient compartment. If advanced life-support
6.9procedures are required,
6.11section
6.12 Sec. 18. Minnesota Statutes 2010, section 144E.101, subdivision 6, is amended to read:
6.13 Subd. 6. Basic life support. (a) Except as provided in paragraphs (e) and (f), a
6.14basic life-support ambulance shall be staffed by at least two EMTs, one of whom must
6.15accompany the patient and provide a level of care so as to ensure that:
6.16 (1) life-threatening situations and potentially serious injuries are recognized;
6.17 (2) patients are protected from additional hazards;
6.18 (3) basic treatment to reduce the seriousness of emergency situations is administered;
6.19and
6.20 (4) patients are transported to an appropriate medical facility for treatment.
6.21 (b) A basic life-support service shall provide basic airway management.
6.22 (c) A basic life-support service shall provide automatic defibrillation
6.23
6.24 (d) A basic life-support service licensee's medical director may authorize
6.25ambulance service personnel
6.26intravenous infusion
6.27equipment that is within the licensure level of the ambulance service. Ambulance service
6.28personnel must be properly trained. Documentation of authorization for use, guidelines for
6.29use, continuing education, and skill verification must be maintained in the licensee's files.
6.30 (e) Upon application from an ambulance service that includes evidence
6.31demonstrating hardship, the board may grant a variance from the staff requirements in
6.32paragraph (a) and may authorize a basic life-support ambulance to be staffed by one
6.33EMT and one
6.34ambulance calls and interfacility transfers. The variance shall apply to basic life-support
7.1ambulances operated by the ambulance service until the ambulance service renews its
7.2license. When a variance expires, an ambulance service may apply for a new variance
7.3under this paragraph. For purposes of this paragraph, "ambulance service" means
7.4either an ambulance service whose primary service area is mainly located outside the
7.5metropolitan counties listed in section
7.6Duluth, Mankato, Moorhead, Rochester, and St. Cloud; or an ambulance service based in
7.7a community with a population of less than 1,000.
7.8 (f) After an initial emergency ambulance call, each subsequent emergency ambulance
7.9response, until the initial ambulance is again available, and interfacility transfers, may
7.10be staffed by one registered
7.11EMT must accompany the patient and provide the level of care required in paragraph
7.12(a). This paragraph applies only to an ambulance service whose primary service area is
7.13mainly located outside the metropolitan counties listed in section
7.144
7.15ambulance based in a community with a population of less than 1,000 persons.
7.16 Sec. 19. Minnesota Statutes 2010, section 144E.101, subdivision 7, is amended to read:
7.17 Subd. 7. Advanced life support. (a) Except as provided in paragraphs (f) and (g),
7.18an advanced life-support ambulance shall be staffed by at least:
7.19 (1) one EMT and one
7.20 (2) one EMT and one registered nurse who is an EMT, is currently practicing
7.21nursing, and has passed a paramedic practical skills test approved by the board and
7.22administered by
7.23 (3) one EMT and one physician assistant who is an EMT, is currently practicing as a
7.24physician assistant, and has passed a paramedic practical skills test approved by the board
7.25and administered by
7.26 (b) An advanced life-support service shall provide basic life support, as specified
7.27under subdivision 6, paragraph (a), advanced airway management, manual defibrillation,
7.28and administration of intravenous fluids and pharmaceuticals.
7.29 (c) In addition to providing advanced life support, an advanced life-support service
7.30may staff additional ambulances to provide basic life support according to subdivision 6
7.31and section
7.32 (d) An ambulance service providing advanced life support shall have a written
7.33agreement with its medical director to ensure medical control for patient care 24 hours
7.34a day, seven days a week. The terms of the agreement shall include a written policy
8.1on the administration of medical control for the service. The policy shall address the
8.2following issues:
8.3 (1) two-way communication for physician direction of ambulance service personnel;
8.4 (2) patient triage, treatment, and transport;
8.5 (3) use of standing orders; and
8.6 (4) the means by which medical control will be provided 24 hours a day.
8.7 The agreement shall be signed by the licensee's medical director and the licensee or
8.8the licensee's designee and maintained in the files of the licensee.
8.9 (e) When an ambulance service provides advanced life support, the authority of
8.10
8.11assistant-EMT to determine the delivery of patient care prevails over the authority of
8.12an EMT.
8.13 (f) Upon application from an ambulance service that includes evidence
8.14demonstrating hardship, the board may grant a variance from the staff requirements in
8.15paragraph (a), clause (1), and may authorize an advanced life-support ambulance to
8.16be staffed by a
8.17paramedic for all emergency calls and interfacility transfers. The variance shall apply to
8.18advanced life-support ambulance services until the ambulance service renews its license.
8.19When the variance expires, an ambulance service may apply for a new variance under
8.20this paragraph. This paragraph applies only to an ambulance service whose primary
8.21service area is mainly located outside the metropolitan counties listed in section
8.22subdivision 4
8.23Cloud, or an ambulance based in a community with a population of less than 1,000 persons.
8.24 (g) After an initial emergency ambulance call, each subsequent emergency
8.25ambulance response, until the initial ambulance is again available, and interfacility
8.26transfers, may be staffed by one registered
8.27EMT or paramedic. This paragraph applies only to an ambulance service whose primary
8.28service area is mainly located outside the metropolitan counties listed in section
8.29subdivision 4
8.30Cloud, or an ambulance based in a community with a population of less than 1,000 persons.
8.31 Sec. 20. Minnesota Statutes 2010, section 144E.101, subdivision 9, is amended to read:
8.32 Subd. 9. Specialized life support. A specialized ground life-support service
8.33providing advanced life support shall be staffed by at least one EMT and one
8.34paramedic, registered nurse-EMT, or physician assistant-EMT. A specialized life-support
9.1service shall provide basic or advanced life support as designated by the board, and shall
9.2be restricted by the board to:
9.3(1) operation less than 24 hours of every day;
9.4(2) designated segments of the population;
9.5(3) certain types of medical conditions; or
9.6(4) air ambulance service that includes fixed-wing or rotor-wing.
9.7 Sec. 21. Minnesota Statutes 2010, section 144E.101, subdivision 10, is amended to
9.8read:
9.9 Subd. 10. Driver. A driver of an ambulance must possess a
9.10license issued by any state and must have attended an emergency vehicle driving course
9.11approved by the licensee. The emergency vehicle driving course must include actual
9.12driving experience.
9.13 Sec. 22. Minnesota Statutes 2010, section 144E.101, subdivision 12, is amended to
9.14read:
9.15 Subd. 12. Mutual aid agreement. A licensee shall have a written agreement
9.16with at least one neighboring licensed ambulance service for
9.17
9.18
9.19preplanned and organized response of emergency medical services, and other emergency
9.20personnel and equipment, to a request for assistance in an emergency when local
9.21ambulance transport resources have been expended. The response is predicated upon
9.22formal agreements among participating ambulance services. A copy of each mutual aid
9.23agreement shall be maintained in the files of the licensee.
9.24 Sec. 23. Minnesota Statutes 2010, section 144E.103, is amended to read:
9.25144E.103 EQUIPMENT.
9.26 Subdivision 1. General requirements.
9.27care shall carry, at a minimum:
9.28(1) oxygen;
9.29(2) airway maintenance equipment in various sizes to accommodate all age groups;
9.30(3) splinting equipment in various sizes to accommodate all age groups;
9.31(4) dressings, bandages, commercially manufactured tourniquets, and bandaging
9.32equipment;
9.33(5) an emergency obstetric kit;
10.1(6) equipment to determine vital signs in various sizes to accommodate all age
10.2groups;
10.3(7) a stretcher;
10.4(8) a defibrillator; and
10.5(9) a fire extinguisher.
10.6
10.7
10.8 Subd. 2. Advanced life-support requirements. In addition to the requirements in
10.9subdivision 1, an ambulance used in providing advanced life support must carry drugs and
10.10drug administration equipment and supplies as approved by the licensee's medical director.
10.11 Subd. 2a. Maintenance, sanitation, and testing of equipment, supplies, and
10.12drugs. Equipment carried on every ambulance in service for patient care must be
10.13maintained in full operating condition. Patient care equipment, supplies, and drugs must
10.14be stored and maintained within manufacturer's recommendations and:
10.15(1) all equipment and supplies must be maintained in full operating condition and
10.16in good repair;
10.17(2) all equipment, supplies, and containers used for storage of equipment or supplies
10.18must be kept clean so as to be free from dirt, grease, and other offensive matter;
10.19(3) sheets and pillowcases must be changed after each use;
10.20(4) single-service equipment and supplies must be wrapped, stored, and handled so
10.21as to prevent contamination and must be disposed of after use;
10.22(5) reusable equipment and supplies must be cleaned after each use so as to be free
10.23from dirt, grease, and other offensive matter;
10.24(6) equipment and supplies, soiled or otherwise not free from dirt, grease, and
10.25other offensive matter, must be kept in plastic bags or securely covered containers until
10.26disposed of or prepared for reuse; and
10.27(7) procedures for the periodic performance testing of mechanical equipment must
10.28be developed, maintained, and followed; and records of performance testing must be kept
10.29in the licensee's files. Testing must occur within the manufacturer's recommendations.
10.30 Subd. 3. Storage. All equipment carried in an ambulance must be securely stored.
10.31 Subd. 4. Safety restraints. An ambulance must be equipped with safety straps,
10.32including shoulder harnesses, for the stretcher and seat belts in the patient compartment
10.33for the patient and ambulance personnel.
10.34 Subd. 5. Communication equipment. An ambulance must be equipped with
10.35a two-way radio that is programmed and operating according to the most recent version
11.1of the statewide radio board shared radio and communication plan or its equivalent as
11.2determined by the Emergency Medical Services Regulatory Board.
11.3 Sec. 24. Minnesota Statutes 2010, section 144E.127, subdivision 2, is amended to read:
11.4 Subd. 2. Interfacility transfers. In an interfacility transport, a licensee whose
11.5primary service area is located outside the metropolitan counties listed in section
11.6subdivision 4, and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St.
11.7Cloud; or an ambulance service based in a community with a population of less than
11.81,000, may substitute one EMT with a registered
11.9EMT or
11.10in the patient compartment. If using a physician, registered nurse, or physician's assistant
11.11as the sole provider in the patient compartment, the individual must be trained to use the
11.12equipment in the ambulance and be knowledgeable of the ambulance service protocols.
11.13 Sec. 25. Minnesota Statutes 2010, section 144E.265, subdivision 2, is amended to read:
11.14 Subd. 2. Responsibilities. Responsibilities of the medical director shall include, but
11.15are not limited to:
11.16(1) approving standards for
11.17impact patient care;
11.18(2) approving standards for purchasing equipment and supplies that impact patient
11.19care;
11.20(3) establishing standing orders for prehospital care;
11.21(4) approving written triage, treatment, and transportation guidelines for adult and
11.22pediatric patients;
11.23(5) participating in the development and operation of continuous quality
11.24improvement programs including, but not limited to, case review and resolution of patient
11.25complaints;
11.26(6) establishing procedures for the administration of drugs; and
11.27(7) maintaining the quality of care according to the standards and procedures
11.28established under clauses (1) to (6).
11.29 Sec. 26. Minnesota Statutes 2010, section 144E.27, subdivision 1, is amended to read:
11.30 Subdivision 1.
11.31refresher
11.32Department of Transportation
11.33education standards or its equivalent as determined by the board.
12.1program instructor must be
12.2AEMT, paramedic, physician, physician assistant, or registered nurse.
12.3(b) The National EMS Education Standards by the NHTSA, United States
12.4Department of Transportation contains the minimal entry level of knowledge and skills
12.5for emergency medical responders. Medical directors of emergency medical responder
12.6groups may expand the knowledge and skill set.
12.7 Sec. 27. Minnesota Statutes 2010, section 144E.27, subdivision 2, is amended to read:
12.8 Subd. 2. Registration. To be eligible for registration with the board as
12.9emergency medical responder, an individual shall complete a board-approved application
12.10form and:
12.11(1) successfully complete a board-approved initial
12.12responder
12.13and expires
12.14(2) be credentialed as
12.15Registry of Emergency Medical Technicians. Registration under this clause expires the
12.16same day as the National Registry credential.
12.17 Sec. 28. Minnesota Statutes 2010, section 144E.27, is amended by adding a subdivision
12.18to read:
12.19 Subd. 2a. Registration dates. Registration expiration dates are as follows:
12.20(1) for initial registration granted between January 1 and June 30 of an
12.21even-numbered year, the expiration date is October 31 of the next even-numbered year;
12.22(2) for initial registration granted between July 1 and December 31 of an
12.23even-numbered year, the expiration date is October 31 of the second odd-numbered year;
12.24(3) for initial registration granted between January 1 and June 30 of an odd-numbered
12.25year, the expiration date is October 31 of the next odd-numbered year; and
12.26(4) for initial registration granted between July 1 and December 31 of an
12.27odd-numbered year, the expiration date is October 31 of the second even-numbered year.
12.28 Sec. 29. Minnesota Statutes 2010, section 144E.27, subdivision 3, is amended to read:
12.29 Subd. 3. Renewal. (a) The board may renew the registration of
12.30medical responder who:
12.31(1) successfully completes a board-approved refresher course; and
12.32(2) submits a completed renewal application to the board before the registration
12.33expiration date.
13.1(b) The board may renew the lapsed registration of
13.2responder who:
13.3(1) successfully completes a board-approved refresher course; and
13.4(2) submits a completed renewal application to the board within 12 months after
13.5the registration expiration date.
13.6 Sec. 30. Minnesota Statutes 2010, section 144E.27, subdivision 5, is amended to read:
13.7 Subd. 5. Denial, suspension, revocation. (a) The board may deny, suspend,
13.8revoke, place conditions on, or refuse to renew the registration of an individual who the
13.9board determines:
13.10(1) violates sections
13.11an agreement for corrective action, or an order that the board issued or is otherwise
13.12empowered to enforce;
13.13(2) misrepresents or falsifies information on an application form for registration;
13.14(3) is convicted or pleads guilty or nolo contendere to any felony; any gross
13.15misdemeanor relating to assault, sexual misconduct, theft, or the illegal use of drugs or
13.16alcohol; or any misdemeanor relating to assault, sexual misconduct, theft, or the illegal
13.17use of drugs or alcohol;
13.18(4) is actually or potentially unable to provide emergency medical services with
13.19reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, chemicals,
13.20or any other material, or as a result of any mental or physical condition;
13.21(5) engages in unethical conduct, including, but not limited to, conduct likely to
13.22deceive, defraud, or harm the public, or demonstrating a willful or careless disregard for
13.23the health, welfare, or safety of the public;
13.24(6) maltreats or abandons a patient
13.25(7) violates any state or federal controlled substance law;
13.26(8) engages in unprofessional conduct or any other conduct which has the potential
13.27for causing harm to the public, including any departure from or failure to conform to the
13.28minimum standards of acceptable and prevailing practice without actual injury having to
13.29be established;
13.30(9) provides emergency medical services under lapsed or nonrenewed credentials;
13.31(10) is subject to a denial, corrective, disciplinary, or other similar action in another
13.32jurisdiction or by another regulatory authority;
13.33(11) engages in conduct with a patient that is sexual or may reasonably be interpreted
13.34by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning
13.35to a patient; or
14.1(12) makes a false statement or knowingly provides false information to the board,
14.2or fails to cooperate with an investigation of the board as required by section 144E.30.
14.3(b) Before taking action under paragraph (a), the board shall give notice to an
14.4individual of the right to a contested case hearing under chapter 14. If an individual
14.5requests a contested case hearing within 30 days after receiving notice, the board shall
14.6initiate a contested case hearing according to chapter 14.
14.7(c) The administrative law judge shall issue a report and recommendation within 30
14.8days after closing the contested case hearing record. The board shall issue a final order
14.9within 30 days after receipt of the administrative law judge's report.
14.10(d) After six months from the board's decision to deny, revoke, place conditions on,
14.11or refuse renewal of an individual's registration for disciplinary action, the individual shall
14.12have the opportunity to apply to the board for reinstatement.
14.13 Sec. 31. Minnesota Statutes 2010, section 144E.275, subdivision 3, is amended to read:
14.14 Subd. 3. Medical response unit qualifications. To be registered with the board, a
14.15medical response unit must:
14.16(1) submit an application form prescribed by the board;
14.17(2) have a medical director according to section
14.18(3) be staffed by at least one
14.19medical technician, as appropriate to the level of care given;
14.20(4) submit a letter from the appropriate municipality, township, or county governing
14.21body recognizing the medical response unit as the unit in its geographical area designated
14.22to respond to a medical emergency; and
14.23(5) be dispatched to the scene of a medical emergency on a routine basis by a
14.24public safety answering point, as defined under section
14.25ambulance service.
14.26 Sec. 32. Minnesota Statutes 2010, section 144E.28, subdivision 1, is amended to read:
14.27 Subdivision 1. Requirements. To be eligible for certification by the board as an
14.28EMT,
14.29(1) successfully complete the United States Department of Transportation course, or
14.30its equivalent as approved by the board, specific to the EMT,
14.31paramedic classification;
14.32(2) pass the written and practical examinations approved by the board and
14.33administered by the board or its designee, specific to the EMT,
14.34or paramedic classification; and
15.1(3) complete a board-approved application form.
15.2 Sec. 33. Minnesota Statutes 2010, section 144E.28, subdivision 5, is amended to read:
15.3 Subd. 5. Denial, suspension, revocation. (a) The board may deny certification or
15.4take any action authorized in subdivision 4 against an individual who the board determines:
15.5(1) violates sections
15.6or an order that the board issued or is otherwise authorized or empowered to enforce, or
15.7agreement for corrective action;
15.8(2) misrepresents or falsifies information on an application form for certification;
15.9(3) is convicted or pleads guilty or nolo contendere to any felony; any gross
15.10misdemeanor relating to assault, sexual misconduct, theft, or the illegal use of drugs or
15.11alcohol; or any misdemeanor relating to assault, sexual misconduct, theft, or the illegal
15.12use of drugs or alcohol;
15.13(4) is actually or potentially unable to provide emergency medical services with
15.14reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, chemicals,
15.15or any other material, or as a result of any mental or physical condition;
15.16(5) engages in unethical conduct, including, but not limited to, conduct likely to
15.17deceive, defraud, or harm the public or demonstrating a willful or careless disregard for
15.18the health, welfare, or safety of the public;
15.19(6) maltreats or abandons a patient
15.20(7) violates any state or federal controlled substance law;
15.21(8) engages in unprofessional conduct or any other conduct which has the potential
15.22for causing harm to the public, including any departure from or failure to conform to the
15.23minimum standards of acceptable and prevailing practice without actual injury having to
15.24be established;
15.25(9) provides emergency medical services under lapsed or nonrenewed credentials;
15.26(10) is subject to a denial, corrective, disciplinary, or other similar action in another
15.27jurisdiction or by another regulatory authority;
15.28(11) engages in conduct with a patient that is sexual or may reasonably be interpreted
15.29by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning
15.30to a patient; or
15.31(12) makes a false statement or knowingly provides false information to the board or
15.32fails to cooperate with an investigation of the board as required by section 144E.30.
15.33(b) Before taking action under paragraph (a), the board shall give notice to an
15.34individual of the right to a contested case hearing under chapter 14. If an individual
15.35requests a contested case hearing within 30 days after receiving notice, the board shall
16.1initiate a contested case hearing according to chapter 14 and no disciplinary action shall be
16.2taken at that time.
16.3(c) The administrative law judge shall issue a report and recommendation within 30
16.4days after closing the contested case hearing record. The board shall issue a final order
16.5within 30 days after receipt of the administrative law judge's report.
16.6(d) After six months from the board's decision to deny, revoke, place conditions on,
16.7or refuse renewal of an individual's certification for disciplinary action, the individual shall
16.8have the opportunity to apply to the board for reinstatement.
16.9 Sec. 34. Minnesota Statutes 2010, section 144E.28, subdivision 7, is amended to read:
16.10 Subd. 7. Renewal. (a) Before the expiration date of certification, an applicant for
16.11renewal of certification as an EMT shall:
16.12(1) successfully complete a course in cardiopulmonary resuscitation that is approved
16.13by the board or the licensee's medical director;
16.14(2) take the United States Department of Transportation EMT refresher course and
16.15successfully pass the practical skills test portion of the course, or successfully complete 48
16.16hours of continuing education in EMT programs that are consistent with the United States
16.17Department of Transportation National
16.18its equivalent as approved by the board or as approved by the licensee's medical director
16.19and pass a practical skills test approved by the board and administered by
16.20education program approved by the board. The cardiopulmonary resuscitation course and
16.21practical skills test may be included as part of the refresher course or continuing education
16.22renewal requirements
16.23
16.24
16.25
16.26
16.27
16.28
16.29
16.30
16.31(3) complete a board-approved application form.
16.32(b) Before the expiration date of certification, an applicant for renewal of certification
16.33as an
16.34(1) for an
16.35resuscitation that is approved by the board or the licensee's medical director and for
17.1
17.2is approved by the board or the licensee's medical director;
17.3(2) successfully complete 48 hours of continuing education in emergency medical
17.4training programs, appropriate to the level of the applicant's
17.5or paramedic certification, that are consistent with the United States Department of
17.6Transportation National
17.7as approved by the board or as approved by the licensee's medical director. An applicant
17.8may take the United States Department of Transportation Emergency Medical Technician
17.9refresher course or its equivalent without the written or practical test as approved by
17.10the board, and as appropriate to the applicant's level of certification, as part of the 48
17.11hours of continuing education. Each hour of the refresher course, the cardiopulmonary
17.12resuscitation course, and the advanced cardiac life-support course counts toward the
17.1348-hour continuing education requirement; and
17.14(3) complete a board-approved application form.
17.15(c) Certification shall be renewed every two years.
17.16(d) If the applicant does not meet the renewal requirements under this subdivision,
17.17the applicant's certification expires.
17.18 Sec. 35. Minnesota Statutes 2011 Supplement, section 144E.28, subdivision 9, is
17.19amended to read:
17.20 Subd. 9. Community paramedics. (a) To be eligible for certification by the board
17.21as
17.22(1) be currently certified as
17.23service as
17.24(2) successfully complete a community paramedic
17.25from a college or university that has been approved by the board or accredited by a
17.26board-approved national accreditation organization. The
17.27include clinical experience that is provided under the supervision of an ambulance medical
17.28director, advanced practice registered nurse, physician assistant, or public health nurse
17.29operating under the direct authority of a local unit of government; and
17.30(3) complete a board-approved application form.
17.31(b) A community paramedic must practice in accordance with protocols and
17.32supervisory standards established by an ambulance service medical director in accordance
17.33with section
17.34patient care plan if the plan has been developed by the patient's primary physician or by
17.35an advanced practice registered nurse or a physician assistant, in conjunction with the
18.1ambulance service medical director and relevant local health care providers. The care
18.2plan must ensure that the services provided by the community paramedic are consistent
18.3with the services offered by the patient's health care home, if one exists, that the patient
18.4receives the necessary services, and that there is no duplication of services to the patient.
18.5(c) A community paramedic is subject to all certification, disciplinary, complaint,
18.6and other regulatory requirements that apply to
18.7 Sec. 36. Minnesota Statutes 2010, section 144E.283, is amended to read:
18.8144E.283
18.9(a) An emergency medical technician instructor must:
18.10(1) possess valid certification, registration, or licensure as an EMT,
18.11AEMT, paramedic, physician, physician's assistant, or registered nurse;
18.12(2) have two years of active emergency medical practical experience;
18.13(3) be recommended by a medical director of a licensed hospital, ambulance service,
18.14or
18.15(4) successfully complete the United States Department of Transportation
18.16Emergency Medical Services Instructor
18.17as approved by the board
18.18(5) complete eight hours of continuing education in educational topics every two
18.19years, with documentation filed with the education program coordinator.
18.20(b) An emergency medical responder instructor must possess valid registration,
18.21certification, or licensure as an EMR, EMT, AEMT, paramedic, physician, physician
18.22assistant, or registered nurse.
18.23 Sec. 37. Minnesota Statutes 2010, section 144E.285, is amended to read:
18.24144E.285
18.25 Subdivision 1. Approval required. (a) All
18.26
18.27(b) To be approved by the board,
18.28(1) submit an application prescribed by the board that includes:
18.29(i) type and length of course to be offered;
18.30(ii) names, addresses, and qualifications of the program medical director, program
18.31
18.32(iii) names and addresses of clinical sites, including a contact person and telephone
18.33number;
18.34(iv) admission criteria for students; and
19.1(v) materials and equipment to be used;
19.2(2) for each course, implement the most current version of the United States
19.3Department of Transportation
19.4as determined by the board applicable to EMT,
19.5paramedic education;
19.6(3) have a program medical director and a program coordinator;
19.7(4) utilize instructors who meet the requirements of section
19.8at least 50 percent of the course content. The remaining 50 percent of the course may
19.9be taught by guest lecturers approved by the
19.10or medical director;
19.11(5) have at least one instructor for every ten students at the practical skill stations;
19.12(6) maintain a written agreement with a licensed hospital or licensed ambulance
19.13service designating a clinical training site;
19.14(7) retain documentation of program approval by the board, course outline, and
19.15student information;
19.16(8) notify the board of the starting date of a course prior to the beginning of a course;
19.17(9) submit the appropriate fee as required under section
19.18(10) maintain a minimum average yearly pass rate
19.19
19.20board on an annual basis. The pass rate will be determined by the percent of candidates
19.21who pass the exam on the first attempt.
19.22yearly standard shall be placed on probation and shall be on a performance improvement
19.23plan approved by the board until meeting the pass rate standard. While on probation, the
19.24
19.25performance improvement plan as determined by the board. If
19.26program having probation status fails to meet the pass rate standard after two years in
19.27which an EMT initial course has been taught, the board may take disciplinary action
19.28under subdivision 5.
19.29 Subd. 2.
19.30under subdivision 1, paragraph (b),
19.31to teach
19.32accredited by the Commission of Accreditation of Allied Health Education Programs
19.33(CAAHEP).
19.34(b)
19.35an educational institution not accredited by CAAHEP, but that is in the process of
19.36completing the accreditation process, may be granted provisional approval by the board
20.1upon verification of submission of its self-study report and the appropriate review fee
20.2to CAAHEP.
20.3(c) An educational institution that discontinues its participation in the accreditation
20.4process must notify the board immediately and provisional approval shall be withdrawn.
20.5(d) This subdivision does not apply to
20.6program when the program is operated by an advanced life-support ambulance service
20.7licensed by the Emergency Medical Services Regulatory Board under this chapter, and the
20.8ambulance service meets the following criteria:
20.9(1) covers a rural primary service area that does not contain a hospital within the
20.10primary service area or contains a hospital within the primary service area that has been
20.11designated as a critical access hospital under section
20.12(2) has tax-exempt status in accordance with the Internal Revenue Code, section
20.13501(c)(3);
20.14(3) received approval before 1991 from the commissioner of health to operate
20.15
20.16(4) operates the
20.17paramedics for the local ambulance service; and
20.18(5) limits enrollment in the
20.19per biennium.
20.20 Subd. 3. Expiration.
20.21from the date of approval.
20.22 Subd. 4. Reapproval.
20.23reapproval at least three months prior to the expiration date of its approval and must:
20.24(1) submit an application prescribed by the board specifying any changes from the
20.25information provided for prior approval and any other information requested by the board
20.26to clarify incomplete or ambiguous information presented in the application; and
20.27(2) comply with the requirements under subdivision 1, paragraph (b), clauses (2)
20.28to (9).
20.29 Subd. 5. Disciplinary action. (a) The board may deny, suspend, revoke, place
20.30conditions on, or refuse to renew approval of
20.31board determines:
20.32(1) violated subdivisions 1 to 4 or rules adopted under sections
20.34(2) misrepresented or falsified information on an application form provided by
20.35the board.
21.1(b) Before taking action under paragraph (a), the board shall give notice to
21.2an education program of the right to a contested case hearing under chapter 14. If
21.3
21.4receiving notice, the board shall initiate a contested case hearing according to chapter 14.
21.5(c) The administrative law judge shall issue a report and recommendation within 30
21.6days after closing the contested case hearing record. The board shall issue a final order
21.7within 30 days after receipt of the administrative law judge's report.
21.8(d) After six months from the board's decision to deny, revoke, place conditions on,
21.9or refuse approval of
21.10education program shall have the opportunity to apply to the board for reapproval.
21.11 Subd. 6. Temporary suspension. (a) In addition to any other remedy provided by
21.12law, the board may temporarily suspend approval of the
21.13conducting a preliminary inquiry to determine whether the board believes that the
21.14education program has violated a statute or rule that the board is empowered to enforce
21.15and determining that the continued provision of service by the
21.16would create an imminent risk to public health or harm to others.
21.17(b) A temporary suspension order prohibiting the
21.18providing emergency medical care training shall give notice of the right to a preliminary
21.19hearing according to paragraph (d) and shall state the reasons for the entry of the
21.20temporary suspension order.
21.21(c) Service of a temporary suspension order is effective when the order is served
21.22on the
21.23upon receipt, refusal, or return for nondelivery to the most recent address provided to the
21.24board for the
21.25(d) At the time the board issues a temporary suspension order, the board shall
21.26schedule a hearing, to be held before a group of its members designated by the board, that
21.27shall begin within 60 days after issuance of the temporary suspension order or within 15
21.28working days of the date of the board's receipt of a request for a hearing from the
21.29education program, whichever is sooner. The hearing shall be on the sole issue of whether
21.30there is a reasonable basis to continue, modify, or lift the temporary suspension. A hearing
21.31under this paragraph is not subject to chapter 14.
21.32(e) Evidence presented by the board or the individual may be in the form of an
21.33affidavit. The
21.34argument.
22.1(f) Within five working days of the hearing, the board shall issue its order and, if the
22.2suspension is continued, notify the
22.3case hearing under chapter 14.
22.4(g) If
22.5days of receiving notice under paragraph (f), the board shall initiate a contested case
22.6hearing according to chapter 14. The administrative law judge shall issue a report and
22.7recommendation within 30 days after the closing of the contested case hearing record.
22.8The board shall issue a final order within 30 days after receipt of the administrative law
22.9judge's report.
22.10 Subd. 7. Audit. The board may audit
22.11the board. The audit may include, but is not limited to, investigation of complaints,
22.12course inspection, classroom observation, review of instructor qualifications, and student
22.13interviews.
22.14 Sec. 38. Minnesota Statutes 2010, section 144E.286, subdivision 3, is amended to read:
22.15 Subd. 3. Examiner qualifications. An examiner testing EMT,
22.16AEMT, or paramedic practical skills must be certified at or above the level the examiner
22.17is testing or must be a registered nurse, physician, or physician assistant familiar with
22.18current out-of-hospital care. A physician must be available to answer questions relating
22.19to the evaluation of skill performance at the
22.20practical examination.
22.21 Sec. 39. Minnesota Statutes 2010, section 144E.29, is amended to read:
22.22144E.29 FEES.
22.23(a) The board shall charge the following fees:
22.24(1) initial application for and renewal of an ambulance service license, $150;
22.25(2) each ambulance operated by a licensee, $96. The licensee shall pay an additional
22.26$96 fee for the full licensing period or $4 per month for any fraction of the period for each
22.27ambulance added to the ambulance service during the licensing period;
22.28(3) initial application for and renewal of approval for
22.29program, $100; and
22.30(4) duplicate of an original license, certification, or approval, $25.
22.31(b) With the exception of paragraph (a), clause (4), all fees are for a two-year period.
22.32All fees are nonrefundable.
22.33(c) Fees collected by the board shall be deposited as nondedicated receipts in the
22.34general fund.
23.1 Sec. 40. Minnesota Statutes 2010, section 144E.30, subdivision 3, is amended to read:
23.2 Subd. 3. Cooperation during investigation. A licensee, person credentialed by
23.3the board,
23.4subject of an investigation or who is questioned in connection with an investigation by or
23.5on behalf of the board shall cooperate fully with the investigation. Cooperation includes
23.6responding fully and promptly to any question raised by or on behalf of the board relating
23.7to the subject of the investigation, executing all releases requested by the board, providing
23.8copies of ambulance service records, as reasonably requested by the board to assist it in its
23.9investigation, and appearing at conferences or hearings scheduled by the board. The board
23.10shall pay reasonable costs for copies requested.
23.11 Sec. 41. Minnesota Statutes 2010, section 144E.305, subdivision 2, is amended to read:
23.12 Subd. 2. Mandatory reporting. (a) A licensee shall report to the board conduct by
23.13
23.14that they reasonably believe constitutes grounds for disciplinary action under section
23.16within 60 days of obtaining verifiable knowledge of the conduct constituting grounds for
23.17disciplinary action.
23.18(b) A licensee shall report to the board any dismissal from employment of
23.19an emergency medical responder, EMT,
23.20licensee shall report the resignation of
23.21EMT,
23.22proceeding or before commencement of formal charges but after the
23.23medical responder, EMT,
23.24formal charges are contemplated or in preparation. The licensee shall report to the board
23.25within 60 days of the resignation or initial determination to dismiss. An individual's
23.26exercise of rights under a collective bargaining agreement does not extend the licensee's
23.27time period for reporting under this subdivision.
23.28 Sec. 42. Minnesota Statutes 2010, section 144E.31, is amended to read:
23.29144E.31 CORRECTION ORDER AND FINES.
23.30 Subdivision 1. Correction order. (a) If the board finds that a licensee or
23.31education program has failed to comply with an applicable law or rule and the violation
23.32does not imminently endanger the public's health or safety, the board may issue a
23.33correction order to the licensee or
23.34(b) The correction order shall state:
24.1(1) the conditions that constitute a violation of the law or rule;
24.2(2) the specific law or rule violated; and
24.3(3) the time allowed to correct the violation.
24.4 Subd. 2. Reconsideration. (a) If the licensee or
24.5that the contents of the board's correction order are in error, the licensee or
24.6education program may ask the board to reconsider the parts of the correction order that
24.7are alleged to be in error.
24.8(b) The request for reconsideration must:
24.9(1) be in writing;
24.10(2) be delivered by certified mail;
24.11(3) specify the parts of the correction order that are alleged to be in error;
24.12(4) explain why they are in error; and
24.13(5) include documentation to support the allegation of error.
24.14(c) A request for reconsideration does not stay any provision or requirement of the
24.15correction order. The board's disposition of a request for reconsideration is final and not
24.16subject to appeal under chapter 14.
24.17 Subd. 3. Fine. (a) The board may order a fine concurrently with the issuance of a
24.18correction order, or after the licensee or
24.19violation within the time specified in the correction order.
24.20(b) A licensee or
24.21notified of the order by certified mail. The notice shall be mailed to the address shown on
24.22the application or the last known address of the licensee or
24.23The notice shall state the reasons the fine was ordered and shall inform the licensee or
24.24training program of the right to a contested case hearing under chapter 14.
24.25(c) A licensee or
24.26notifying the board by certified mail within 15 calendar days after receiving the order. A
24.27timely appeal shall stay payment of the fine until the board issues a final order.
24.28(d) A licensee or
24.29the payment date specified in the board's order. If a licensee or
24.30fails to fully comply with the order, the board shall suspend the license or cancel approval
24.31until there is full compliance with the order.
24.32(e) Fines shall be assessed as follows:
24.33(1) $150 for violation of section
24.34(2) $400 for violation of sections
25.1(3) $750 for violation of rules adopted under section
25.2(8); and
25.3(4) $50 for violation of all other sections under this chapter or rules adopted under
25.4this chapter that are not specifically enumerated in clauses (1) to (3).
25.5(f) Fines collected by the board shall be deposited as nondedicated receipts in the
25.6general fund.
25.7 Subd. 4. Additional penalties. This section does not prohibit the board from
25.8suspending, revoking, placing conditions on, or refusing to renew a licensee's license or
25.9
25.10 Sec. 43. Minnesota Statutes 2010, section 144E.32, subdivision 2, is amended to read:
25.11 Subd. 2. Review organization defined. A review organization, as defined under
25.12section
25.13medical director, a medical advisor, or ambulance supervisory personnel who gather,
25.14create, and review information relating to the care and treatment of patients in providing
25.15emergency medical care, including employee performance reviews, quality assurance
25.16data, and other ambulance service or
25.17for ambulance services licensed under section
25.18medical responders registered under section
25.19section
25.20 Sec. 44. Minnesota Statutes 2010, section 144E.35, subdivision 1, is amended to read:
25.21 Subdivision 1. Repayment for volunteer
25.22ambulance service shall be reimbursed by the board for the necessary expense of the initial
25.23
25.24attendant of
25.25course for
25.26pursuant to section
25.27lodging, hourly payment for the time spent in the
25.28necessary expenditures, except that in no instance shall a volunteer ambulance attendant
25.29be reimbursed more than $600 for successful completion of
25.30course, and $275 for successful completion of a continuing education course.
25.31 Sec. 45. Minnesota Statutes 2010, section 144E.41, is amended to read:
25.32144E.41 PROGRAM ELIGIBILITY; QUALIFIED AMBULANCE SERVICE
25.33PERSONNEL.
26.1(a) Persons eligible to participate in the Cooper/Sams volunteer ambulance program
26.2are qualified ambulance service personnel.
26.3(b) Qualified ambulance service personnel are ambulance attendants, ambulance
26.4drivers, and ambulance service medical directors or medical advisors who meet the
26.5following requirements:
26.6(1) employment of the person by or provision by the person of service to an
26.7ambulance service that is licensed as such by the state of Minnesota and that provides
26.8ambulance services that are generally available to the public and are free of unfair
26.9discriminatory practices under chapter 363A;
26.10(2) performance by the person during the 12 months ending as of the immediately
26.11previous June 30 of all or a predominant portion of the person's services in the state of
26.12Minnesota or on behalf of Minnesota residents
26.13
26.14(3) current certification of the person during the 12 months ending as of the
26.15immediately previous June 30 by the board as an ambulance attendant, ambulance driver,
26.16or ambulance service medical director or medical advisor under section
26.18service provision status of the person
26.19
26.20(4) conformance by the person with the definition of the phrase "volunteer
26.21ambulance attendant" under section
26.22limit specified in that provision there must be substituted, for purposes of this section
26.23only, a limit of $6,000 for calendar year 2004, and $6,000 multiplied by the cumulative
26.24percentage increase in the national Consumer Price Index, all items, for urban wage
26.25earners and clerical workers, as published by the federal Department of Labor, Bureau
26.26of Labor Statistics, since December 31, 2004, and for an ambulance service medical
26.27director, conformance based solely on the person's hourly stipends or salary for service as
26.28a medical director.
26.29(c) The term "active ambulance service employment or service provision status"
26.30means being in good standing with and on the active roster of the ambulance service
26.31making the certification.
26.32(d) For a person who is employed by or provides service to more than one ambulance
26.33service concurrently during any period during the 12-month period, credit towards an
26.34award under this chapter is limited to one ambulance service during any period. The
26.35creditable period is with the ambulance service for which the person undertakes the
26.36greatest portion of employment or service hours.
27.1(e) Verification of the person's performance and certification for the 12 months
27.2immediately preceding June 30 as required in paragraph (b), clauses (2) and (3), must
27.3be reported annually to the board by August 1 in a notarized affidavit from the chief
27.4administrative officer of the ambulance service. Affidavits verifying service submitted
27.5to the board after August 1 shall not be considered as credited ambulance service for
27.6purposes of section 144E.46, unless specifically authorized by law.
27.7EFFECTIVE DATE.This section is effective the day following final enactment.
27.8 Sec. 46. Minnesota Statutes 2010, section 144E.52, is amended to read:
27.9144E.52 FUNDING FOR EMERGENCY MEDICAL SERVICES REGIONS.
27.10The Emergency Medical Services Regulatory Board shall distribute funds
27.11appropriated from the general fund equally among the emergency medical service
27.12regions. Each regional board may use this money to reimburse eligible emergency
27.13medical services personnel for continuing education costs related to emergency care that
27.14are personally incurred and are not reimbursed from other sources. Eligible emergency
27.15medical services personnel include, but are not limited to, dispatchers, emergency room
27.16physicians, emergency room nurses,
27.17medical technicians, and paramedics.
27.18 Sec. 47. COOPER/SAMS VOLUNTEER AMBULANCE PROGRAM SERVICE
27.19CREDIT REPORTING.
27.20(a) The Emergency Medical Services Regulatory Board shall accept verification of
27.21service that was performed by qualified ambulance service personnel as described in
27.22Minnesota Statutes, section 144E.41, during the 12 months immediately preceding June
27.2330, 2010, in the form of a notarized affidavit from the chief administrative officer of the
27.24ambulance service. If a notarized affidavit is submitted to the board by August 1, 2012,
27.25verifying service performed during this time period, the board shall add the applicable
27.26service credits to the record of potential award accumulations for each qualified ambulance
27.27service person according to Minnesota Statutes, section 144E.45.
27.28(b) Notwithstanding Minnesota Statutes, section 144E.46, if a qualified ambulance
27.29service person affected by paragraph (a) applied for and received a Cooper/Sams volunteer
27.30ambulance award in fiscal year 2011, the board shall pay the person for the added service
27.31credits verified according to paragraph (a) as part of the awards paid out in fiscal year
27.322012. This payment shall be made before any other award amount.
27.33EFFECTIVE DATE.This section is effective the day following final enactment.
28.1 Sec. 48. REPEALER.
28.2Minnesota Rules, parts 4690.0100, subparts 16 and 17; and 4690.1400, are repealed.